bluuebunny/crossref_metadata_2025 huggingface dataset:
Musical Theatre before French Opera
Authors: Powell John S
Published: November 2023

As the first French repertory companies formed in the latter sixteenth century, they were naturally drawn to seek their fortunes in Paris. There, itinerant troupes struggled to survive in a city where a religious confraternity, the Confrerie de la Passion, held the rights to the only public playhouse as well as a monopoly on all theatrical performances. During this formative period of French theatre, Valleran Le Conte, his company of viol-playing actors, and his playwright-in-residence, Alexandre Hardy, emerged as the first Paris-based repertory company. By 1628 another company bearing the King’s name and sponsorship had emerged as pre-eminent, and established itself at the Hotel de Bourgogne. Another troupe sponsored by Richelieu came to found the Theatre du Marais, and built in Paris the first playhouse specifically designed for spectacular plays. These two rival theatres employed as their in-house playwrights Jean Rotrou and Pierre Corneille, who furnished a constant supply of fashionable comedies and dramas for a new theatregoing public.
Musical Theatre and the Opera Privilege
Authors: Powell John S
Published: November 2023

After the success of his Pastorale d’Issy (1659), Perrin envisaged the foundation of a national lyric theatre modelled after the Italian academies. Eager to prove the viability of opera in the French language, he immediately wrote two more opera librettos in the comic and tragic genres: Ariane, ou le Mariage de Bacchus and La Mort d’Adonis. According to the fréres Parfaict, Perrin and Cambert formed a partnership with the Marquis de Sourdéac and, assured of Mazarin’s protection, they petitioned for a privilége to produce operas in French; meanwhile, they gave several rehearsals of Ariane at the Hotel de Nevers. ‘Finally, everything was ready to open a new theatre in Paris, when the death of Cardinal Mazarin, which occurred at Vincennes on 9 March 1661, postponed the projects of these associates.’ Despite his solicitations to the King and Colbert, eight years were to pass before Perrin finally acquired the royal opera privilége.
Moliére’s Comedies-Ballets on the Public Stage
Authors: Powell John S
Published: November 2023

With the exception of Le Malade imaginair (1673), Moliére’s twelve so-called comedies-ballets were all originally designed for premieres at court; moreover, in many cases they formed but one part of an extended court entertainment. When the King summoned them, Moliére and his company cancelled public performances at the Palais-Royal, travelled to wherever the court happened to be, and adjusted their production to whatever stage was made available to them.
Music and Women of the Commedia dell’ Arte in the Late Sixteenth Century
Authors: Macneil Anne
Published: November 2023

Music and the Commedia dell’ Arte narrates the story of the most famous commedia dell’ arte troupe of the late Renaissance, focusing in particular on the representation of women on stage and on the role of music-making in their craft. In its thorough integration of the fields of music history, theatre history, performance studies, women’s studies and Classics, this is the first comprehensive analysis of the leading actresses of the Compagniadei Gelosi and their contributions to the Renaissance stage. Including an extensive survey of documents concerning comedians, their patrons, colleagues and audiences, Music and the Commedia dell’ Arte provides a rich context for the study of musical-theatrical performance before the advent of opera and re-defines our perceptions of women, music and theatre in the Renaissance.
Turn About is Fair Play
Authors: Macneil Anne
Published: November 2023

In the spring of 1589 Vittoria Piisimi, Isabella Andreini, and the Gelosi travelled to Florence to perform for the wedding of Grand Duke Ferdinando de’ Medici and Christine of Lorraine. Their presence is noted in none of the offlcial descriptions of the festivities, and Giuseppe Pavoni, an envoy to the Vizani family of Bologna, is the only eyewitness known to have recorded notice of the Gelosi’ scomedies for the Florentine wedding.
The Politics of Description
Authors: Macneil Anne
Published: November 2023

Seven years after Isabella Andreini’s conversations with Erycius Puteanus on the nature of love and virtue, Andreini’s daughter-in-law Virginia enacted the same debate on the stage of the Sala degli Specchi in Mantua. The play was Ottavio Rinuccini’s Arianna, set to music by Claudio Monteverdi, and the famous lament sung by Virginia Andreini revealed a woman caught between her desire for love and the suppression of that desire required by virtue: Standing on a rocky shore, Arianna wept for her fate at the wedding of Francesco Gonzaga and Margherita of Savoy on 28 May 1608, and all the ladies of the court were said to have wept with her.
The Hidden Pathways of Assimilation: Mendelssohn’s First Visit to London
Authors: Jourdan Paul
Published: November 2023

One of the ingrained platitudes about Felix Mendelssohn, the German-born composer so closely associated with mid-nineteenth-century Britain, is that he lived a life of plenty, one without inner conflicts or suffering, and Thus wrote music that was too facile:
Medical and Moral Authority in the Late Medieval Dream
Authors: Kruger Steven
Published: November 2023

Cresseid’s dream in Robert Henryson’s Testament of Cresseid is closely, indeed causally, linked to her illness, faithfully predicting and enacting disease. Awaking from her vision and taking up a mirror, the once ‘fair’ (42, 78) Cresseid discovers that she has become, as the closing words of the dream explicitly predict, ‘lyke ane lazarous’ (343).
The. Posture of Textual Dissemination
Authors: Worthington Kim L
Published: November 2023

For many contemporary theorists and philosophers, introspection entails not the unmediated discovery of a unified and self transparent self, but the division of the introspective subject into reflecting subject (‘I’) and reflected object (‘me’). The’I’ which observes and the’me’ being observed can never cohere into a transcending self; they are always divided in the very act of self conscious observation. This is, of course, the familiar position of Benveniste, Lacan, and Derrida. So conceived, the self I imagine myself to be is always imaginary, a discursive construct fraught with hermeneutic uncertainty. It is subject to the radical temporality of differance which renders pure presence, true meaning, impossible of discovery. Selfhood is always less (and more) than the discovery of permanent presence; it is a textual process fragmented by gaps and omissions, riven by repressed drives and desires. I can only ever (mis)recognize the (mis)represented image of myself constituted in the symbolic realm of’reality’. I can never truly know the foundational presence which is my’real’ self. But why should I seek to know myself as a fixed, permanent presence? This is surely to look for the wrong thing entirely. The discovery of a transcendental self is hardly desirable, even if it were possible, for this must limit me to the given contours of the unchanging, permanent form I discover. In the lamentation of the loss of the permanent presence of an immanent self, discredited metaphysics and determinism are reconstituted with a vengeance, as unattainable desire.
Communal Contestation: Margaret Atwood’s Lady Oracle
Authors: Worthington Kim L
Published: November 2023

After an abortive attempt to escape what she deems the repressive conventions and expectations of her rational everyday existence, the protagonist in Renata Adler’s Pitch Dark resigns herself to determination within them, surmising that the best one can hope for is’under conscious pressure, a surprise within the rules’.1 Kate’s personal dilemma is her entrapment between, on the one hand her desire for the affirmation and’placement’ afforded by her relationship with her lover Jake and, on the other hand, a sense of lost spontaneity and thwarted individuality that characterize their affair, which has become’boring, ... droning, and repetitive’ (6).
‘Crimes of Criticism’: Virginia Woolf and Literary Journalism
Authors: Lee Hermione
Published: November 2023

‘Crimes of criticism’ is a phrase used in an unsigned essay by Virginia Woolf, published in The Times Literary Supplement in 1923 and called ‘How it Strikes a Contemporary’, on the difficulties of contemporary criticism. What guidance is there, the essay asks, for the modern reader? Contemporary criticism is suffering from a loss of authority. There used to be rules which controlled ‘the great republic of readers’, critics of authority like Dryden or Keats, Flaubert or Coleridge. Now it’s an age of fragments and interruptions and telephone calls. There has been a shift in the class structure. We are cut off from our predecessors. Modern work is ‘noted under pressure’, producing irritation as well as pleasure. Contemporary critics can no longer generalize. We have plenty of policemen, but no judges.
‘Silly like us’: Anglo-Irish Accommodations
Authors: McDonald Peter
Published: November 2023

In his late volume of memoirs Recollections: Mainly of ‘Writers And Artists, the English poet and literary impresario Geoffrey Grigson offered his last thoughts on the 1930s generation of poets, and on W. H. Auden’s pre-eminence amongst them, including his own reflections on the vicissitudes of critical success. In Auden’s case, that success was not, evidently, all it might have been:
Killing the Poor An Anglo-Irish Theme?
Authors: Rawson Claude
Published: November 2023

In The Soul of Man Under Socialism, first published in the Fortnightly Review in 1891 some time after he heard Shaw speak in a Fabian debate, Oscar Wilde poured scorn on sentimental do-gooders who ‘try to solve the problem of poverty ...by keeping the poor alive’.1 The phrase has a chilling ring, and may be set beside an utterance by Shaw himself, as late as 1927, in The Intelligent Woman’s Guide to Socialism: ‘I hate the poor and look forward eagerly to their extermination.’2 It is instructive in tum to read these statements beside a characteristic outburst from an earlier Anglo-Irish spokesman, much admired by Shaw, denouncing the easy con science-salving dispensation of charity to the poor, the majority of whom are ‘fitter to be rooted out of the Face of the Earth, than suffered to levy a vast annual Tax upon the City’. This is Swift, in a late tract, A Proposal forGiving Badges to the Beggars in all the Parishes of Dublin (1737), complaining about the cost of maintaining a population of unemployed beggars who have come to the city from country parishes.
Luciano Berio
Authors: Berio Luciano
Published: November 2023

I composed the Sinfonia,which is for eight voices and orchestra, in 1968. The third, central section of this work develops many different musical layers which are partially generated by the Scherzo of Mahler’s Second Symphony. The text, sung and spoken by the eight voices, is taken from Beckett’s The Unnamable,and it generates other verbal layers. It would be too complicated to describe the musical criteria behind the employment-analogous in some respectsof a musical text by Mahler and a literary text by Beckett. They are immensely distant from each other, but at the same time they share an awareness-different though it is-of time past: Mahler developing it and commenting upon it, Beckett stoically pre-empting it and systematically suspending it.
Towards Parole da Beckett
Authors: Manzoni Giacomo
Published: November 2023

At the start of the I96os, there was much talk and writing about nuclear fall-out shelters. It was a very American vogue, and it seemed as if building oneself a fall-out shelter had become the distinguishing mark of the most well-to-do classes: it was dernier cri,and a proof that you had done so well in life that you could allow yourself not to fear even atomic war. These were crazy beliefs, of course, a pure and simple industrial and commercial opportunity, which nobody could really take seriously. It was in thinking about this phenomenon that the project of a theatre musical, Atomtod [Atomdeath],came about, with the intention of unmasking and denouncing this absurdity of present-day mankind. The stage was split, from a certain point in the development of the plot, into two sections: the external, which was to suggest an idea of desolation, linked with an encumbering mass of rubbish and rubble from an atomic explosion, as well as extending to piles of odd-shaped masses of a totally defenceless mankind; and some decors representing the interiors of atomic shelters, which we had seen being readied at the start of the performance
A Masque of Revelation: The Tempest as Apocalypse
Authors: Marx Steven
Published: November 2023

The Tempest is generally thought to be the last complete play Shake speare wrote, the final chapter in his book. It certainly is his most mysterious and sublime. Whether or not he intended it as a farewell to his audience, its magician-playwright protagonist prophesies his own death and the dissolution of his world. For those familiar with the Bible, such a strong ‘sense of an ending’ would suggest the ‘Last Things’ of its most mysterious final book, The Revelation of St John the Divine, often called the ‘Apocalypse’.
Ruskin’s Science of the I87os: Science, Education, and the Nation
Authors: O’gorman Francis
Published: November 2023

A portion of Ruskin’s creative energy in the 1870s was engaged in the writing of science. Three books emerged from this: Love’s Meinie (1873–81), which concerns birds, Proserpina (1875–86), which concerns flowers, and Deucalion (1875–83), which is a more recognizably orthodox book about geology. As was Ruskin’s familiar practice, each of these three ‘texts’ was published initially in serial parts, a fact which must be borne in mind when thinking of them as separate volumes. Love’s Meinie began life as part of Ruskin’s 1874 Oxford lectures and Deucalion also includes material from the Oxford lectures for the same year as well as material from London lectures, though Ruskin comes to describe it in chapter 8 (volume i) as ‘an absolutely trustworthy foundation for the geological teaching in St. George’s schools’ (Works 26. 197). Proserpina, the text which has attracted most of those modern critics of Ruskin who have looked at his science, did not begin as lecture material and was conceived more straightforwardly from the start as a serviceable serialized textbook for the St George’s Schools proposed in Fors Clavigera. All three of the texts, however, came eventually to be imagined by Ruskin as fulfilling this role.
Useful Travel: Moore’s Imaginative Forays Abroad
Authors: Stamy Cynthia
Published: November 2023

In 1907, when Marianne Moore’s poems were beginning to appear in Tipyn O’Bob,the undergraduate magazine at Bryn Mawr, a canon of scholarly works in English on the literature and arts of the Far East was already being established. As her writing career developed, this field burgeoned as private collections2 of Chinese and Japanese art became available to a public already given to Chinese curio-collecting. By 1930, published work on Chinese art and history as well as commendable, if not definitive, translations of Chinese poetry were widely available in English.
Habits of Privacy, Habits of Thought
Authors: Stamy Cynthia
Published: November 2023

The Chinese have been idealists, and experimenters in the making of great principles; their history opens a world of lofty aim and achievement, parallel to that of the ancient Mediterranean peoples. We need their best ideals to supplement our own—ideals enshrined in their art, in their literature and in the tragedies of their lives.
Procedure And Jurisdiction In Cases Of Criminal Contempt
Authors: Miller C J
Published: November 2023

The most striking feature of the procedure in cases of criminal contempt is that 3.01 usually the matter is dealt with on summary process and hence without a jury. Indeed, where the contempt is committed in facie curiae (that is, in the face of the court itself) there are often no formalized proceedings as such. The offender is simply dealt with on the spot and fined or committed to prison. To speak generally, the ability to proceed in this manner is part of the inherent jurisdiction of all courts of law, whether superior or inferior, provided only that they are courts of record.
Contempt In Relation To Particular Criminal Proceedings
Authors: Miller C J
Published: November 2023

There is general agreement that the determination of liability in criminal proceedings should be as free as possible from extraneous influences and proceed solely on the basis of evidence and argument adduced in open court. Many different aspects of English law have a part to play in achieving this end. These include the tradition of judicial independence, the rules of natural justice, the ability to challenge a juror, changing the venue of the trial to avoid local prejudice, postponing the trial, isolating the jury or warning it of the need to avoid outside pressures or influences, the ultimate safeguard of staying proceedings or quashing
Open Justice: Publicizing Judicial Proceedings
Authors: Miller C J
Published: November 2023

In English law the general rule is that judicial proceedings must be conducted in 10.01 open court and that a fair and accurate report of such proceedings will not give rise to liability in libel, contempt, or under any other heading. The duty to administer justice in open court was established by the decision of the House of Lords in the leading case of Scott v. Scott' where it was held that the High Court had no power at common law to hear a nullity or other matrimonial suit in camera in the interests of public decency.
Further Miscellaneous Categories Of Contempt
Authors: Miller C J
Published: November 2023

A. Obstructing Persons Officially Connected with the Court or its Process(1) Process-servers According to Oswald a contempt of court will be committed where a person so 13.01 acts as to ‘assault, ill-treat, or threaten a process-server engaged in his duty’, and, no doubt, if they victimize such a person for having performed his duties. There is a wealth of old cases illustrating the point, of which the most famous is perhaps.
Civil Contempt Of Court
Authors: Miller C J
Published: November 2023

The general nature of civil contempt of court or, as it is sometimes termed, con- 14.01 tempt in procedure, and the methods available for dealing with it have both been outlined in earlier chapters, as have the main features which distinguish civil contempt of court from criminal contempt of court. In this final chapter it is proposed to consider this aspect of the law of contempt in more detail. Since the law has long treated disobedience of an order requiring payment of a sum of money differently from disobedience of other orders, the chapter as a whole has been divided into two main parts reflecting this division.
Police Policies and Practices
Authors: Morgan Jane , Zedner Lucia
Published: November 2023

Children’s experiences as v1ct1ms are impossible to isolate from everything that happens as a direct consequence of the crime. The effects may be heightened or diminished by the response of those with whom they come into contact in its aftermath-the criminal justice system and the social and welfare agencies. Throughout the 1980s the position of victims in the criminal justice system was the subject of much debate. There was a growing recognition that the legal response could make a significant contribution to the overall impact of the crime on the victim. Helping victims of crime became one of the major platforms of criminal justice policy. In February 1990 the Thatcher government published a Victim’s Charter1 in which it expressed an avowed commitment to recognize the rights of victims and respond to their needs.
Policing: The Experiences of Child Victims
Authors: Morgan Jane , Zedner Lucia
Published: November 2023

Victims or persons acting on their behalf are far more important in bringing crime to the notice of the police than investigation by the police themselves. Cases which involve child victims are no exception to this rule. Of the 212 cases involved in the study sample, only one was discovered by the police themselves. In just 12 per cent (32) of the cases (mostly thefts of cycles) the children said that they reported the incident themselves. Of the rest, the vast majority were reported to the police by the child’s parents, but a handful were reported by other adults-IO by schoolteachers, 1 by a social worker, and 4 by the child’s doctor.
Big Bang and Conflicts of Interest and Duty
Authors: MCVea Harry
Published: November 2023

In the UK, what initially began as a restructuring of the London Stock Exchange became a much wider cause, embracing every sector of the financial community. ‘Big Bang’, as it became known, was characterized by three main factors:1 first, the termination of the single capacity system of trading in favour of a new dual capacity regime; secondly, the movement away from fixed commissions towards a more competitive commission scheme; and lastly, the removal of outside ownership restrictions on member firms of the Stock Exchange Association. These events paved the way for the formation of financial conglomerates and made inevitable concern over the increased potential for conflict abuse. Fears revolved more around the fact that potential conflict situations were being compounded rather than created by conglomerates, and that these conflicts would be increasingly and more easily abused. It was clear, therefore, that a new regulatory framework governing conglomerates would be necessary.
Legislative and Regulatory Approval of Chinese Walls in the USA and the UK
Authors: MCVea Harry
Published: November 2023

Following the SEC’s Merrill Lynch decision, the use of the Chinese Wall in the USA developed largely on a pragmatic basis. The Slade2 and Black cases, while raising many interesting issues, resolved little of the uncertainty concerning the use of the device at common law. This confusion continues to exist despite a growing tendency to specify more clearly when and in what context compartmentalization procedures should be established.
Introduction
Authors: Gibson Sir Peter
Published: November 2023

A legal historian surveying the work of the English courts in the last few decades will have noted the marked decline in cases to do with formal trusts in family settlements or wills and yet the continued and indeed increasing frequency of cases involving trusts in other forms or other equitable obligations, often in a commercial context, and in particular involving the fiduciary obligations of those in whom trust or confidence is reposed, and the consequences of any breaches of those obligations. The presence of such traditional equity elements in the thinking of those conducting litigation may be one of the several reasons why at least since the mid-1980s the workload of the Chancery Division has been growing at a rate of over 10 per cent per annum compound. But it would be wrong to measure the importance of equity in the modern world by reference to a Division of the English High Court, as it is apparent from the reported cases that throughout the common law world the doctrines of equity continue, as the editors of Snell’s Equity (29th edn., p. v.) put it, to show great vitality.
Fiduciary Law and the Modern Commercial World
Authors: Finn Paul
Published: November 2023

There are five major issues of moment in contemporary fiduciary law. Four are of potential relevance to the concerns of this volume. The first, and seemingly perennial question, is that fundamental one: who is a fiduciary-what is a fiduciary relationship? The second is the manner in which and the extent to which fiduciary principles should be applied to commercial relationships and dealings-an issue which in one direction is calling into question the extent to which fiduciary obligations should be allowed to supplement those bargained for in negotiated commercial contracts,2 and in another, the use that can or should properly be made of fiduciary notions to achieve what is, in effect, a duty of good faith and fair dealing in contract formation, performance, and enforcement. The third, and in some ways the most intractable, is the proper role to be given fiduciary law in regulating the modern, multi-function business enterprise and the large professional partnership: this is the arena in which the issues of client-conflict, of secrecy and disclosure, of the efficacy of ‘Chinese Walls and cones of silence’ and the like, vex and threaten.
Trusts in the Recovery of Misapplied Assets: Tracing, Trusts, and Restitution
Authors: Birks Peter
Published: November 2023

The title of this chapter could include almost the whole of the law of restitution. Hence it is important in the first instance to establish a clear picture of the kind of situation in which we are interested. The key is the word ‘misapplied’, which has both a broad and a narrow sense. It might be taken to include, for example, even mistaken payments. It will be as well to set out one case which is within the broader meaning but of a kind with which we are not immediately concerned.
Gypsies: The Pursuit of a Nomadic Lifestyle
Authors: Poulter Sebastian
Published: November 2023

Records of the presence of gypsies in England date back to at least the beginning of the sixteenth century. Their ancestors had left northern India around five hundred years earlier and had spread out across Europe. The first arrivals here claimed to be Christian pilgrims from Egypt, but had in reality left the Balkans in the wake of Turkish occupation. Initially, perhaps, the prospect of helping indigent Christian pilgrims who were begging for alms may have evoked a sympathetic response from those here who believed their story and were familiar with the idealization of poverty promoted three centuries earlier by Saint Francis of Assisi.
Intergovernmental Co-operation in the Field of Criminal Law
Authors: Harding Christopher , Swart Bert
Published: November 2023

Traditionally criminal law and its enforcement have been a part of the legal system jealously preserved within the area of sovereign competence of states, and moves towards co-operation and the pooling of resources and powers have met with both political and constitutional resistance. As McClean comments: ‘In criminal matters ... the traditional stance of states can only be described as one of non-co-operation ... the general practice ... remains coloured by the position that no country will enforce the penal law of a foreign state. ‘1 This situation has arisen in part from the inevitable relation between the need for state security and the protection of other important national interests and the availability of criminal law as an obvious means of guaranteeing such interests; in part from the culturally specific character of some crime and the nationally specific thrust of much policy formulated to deal with crime problems. In contrast, for instance, to a field such as commercial law, where there have been cogent arguments and strong economic pressure for co-operation and harmonization at the inter national level, the internationalization of criminal law at a general level has remained to a large extent a speculative and utopian programme.2
Family Benefits and Social Policy in Poland
Authors: Laciak Beata
Published: November 2023

For over forty years, broadly conceived social policy was an important element in the Communist system. In Poland, social achievements such as free health services and education or security of employment were often stressed by politicians in their pronouncements. From the end of World War II the range of different social benefits steadily grew. Even though many of these benefits existed in name only and had no practical consequences, the people learned to treat some as obvious entitlements, and to expect the state to provide such benefits. Free access to a variety of goods is guaranteed to citizens by the Constitution of l 952, Chapter 8, Articles 68- 78. The actual implementation of those guarantees left much to be desired, and free access to the benefits was not a reality in many cases; yet they became embedded in social consciousness.
Contrasts in Tolerance
Authors: Downes David
Published: November 2023

David Downes' fascinating comparative analysis takes us a great deal nearer to an understanding of the roots and strength of reductionism in the Netherlands...... powerful and scholarly enquiry New Statesman and Society "Contrasts in Tolerance is expertly crafted and beautifully written. Professor Downes pinpoints the crucial theoretical issues regarding sentencing, imprisonment, and decarceration and uses original and rich data that addresses these issues in the Netherlands and in England. In persuasively demonstrating real effects of specific penal policies. Professor Downes is able to address real possibilites for specific penal change. Contrasts in Tolerance is ambitious, creative, and a model in comparative empirical scholarship. As such it will prove to be a significant and lasting contribution to several fields, including Criminology, Social Policy, Political Science, and Sociology" Richard V Ericson, University of Toronto.
Drugs: The Limits of Tolerance?
Authors: Downes David
Published: November 2023

IN recent years, The Netherlands in general and Amsterdam in particular have tended to be viewed as victims of their own tolerance in the sphere of illicit drug consumption. The image usually propagated is of a blinkered liberalism belatedly struggling to cope with the results of its own permissiveness. Thus a Sunday Times correspondent, Brian Moynahan, could write in 1984 that ‘Amsterdam has a long tradition of free-thinking and of tolerating most things, except law and order ... But the city’s tolerance has been worn thin by crime, drug abuse and militant squatters ... ‘ His report focused on the attempts of the mayor of Amsterdam to combine a crackdown on drug-traffickers with a plan to distribute free heroin to hard-core addicts (a plan subsequently altered by the refusal of the government to agree to the second aspect). Similarly, a BBC-TV programme in the Out of Court series dealt with the Dutch experience of drug abuse and drug-related crime as instances of an ineffectual switch from tolerance to repressiveness.
Mutant Enterprise: Kenny’s Story
Authors: Hobbs Dick
Published: November 2023

Kenny lives in a nice street, and as far as he knows, his neighbours ar’! nice people. He bought his bungalow fifteen years ago before the motorway came, linking a semi-comatose retirement village to the pin-striped portals of the City. The ensuing commuter hell pushed up house prices, but not before Kenny had purchased the small parcel of land that backed on to his garden. When the family saloons start to edge their way out of the close to join the morning’s traffic jam, Kenny is waking up his children and preparing breakfast. Kenny has four children, a 28-year-old from his first marriage, and two boys and a girl aged 5, 7, and 9, who attend local schools. His wife works in an estate agent’s office about ten miles away, and after she has left the house in her neat 2-year-old hatchback, it is up to Kenny to perform the school run. The double garage is the most recent of numerous extensions to the bungalow which have transformed the original 1950s structure into a suburban fortress. A new kitchen diner overlooks the pond where koi carp drift, and a Georgian-style games-room was built on to the side of the house when one of Kenny’s offspring began to show an interest in table tennis. A large rectangular extension juts threateningly from the roof, the sills of the picture windows guarded by soft toys. After dropping the kids off in a four-wheel-drive Jeep and exchanging pleasantries at the school gate, Kenny goes to work.
Some Aspects Of The Corporate Governance Debate
Authors: Prentice D D
Published: November 2023

The purpose of this paper is to provide an overview of the corporate governance debate. This debate at its broadest level involves the issue of the relationship between the stakeholders in a company and those who manage its affairs (the board of directors).1 As regards the role of the board,2 the major concerns have related to the establishing of mechanisms of accountability to ensure: (i) honesty and integrity on the part of the board; (ii) that directors do not pursue their own economic self-interest at the expense of the interests of others who have a stake in the company; and (iii) that there are in place effective structures for monitoring and evaluating the stewardship of directors. The role and responsibilities of the stakeholders in a company, and the protection to be accorded to their interests, has also been the subject of debate.
Executory Contracts and Proposals Under the Bankruptcy and Insolvency Act (Canada): A Comparative Analysis with the Companies’ Creditors Arrangement Act (Canada)
Authors: Hayes* Ellen L
Published: November 2023

On 30 November 1992 a series of amendments to Canada’s federal Bankruptcy Act1 came into force. These amendments constitute the most significant changes to Canadian bankruptcy and insolvency law in over forty years. Some of the most important changes to the Act, which is now called the Bankruptcy and Insolvency Act2 (BIA), are the new provisions for commercial reorganization found in Part III of the BIA. The new legislation has attempted to address the most serious shortcomings of the reorganization provisions of the old Bankruptcy Act and aims to encourage the restructuring of insolvent businesses as opposed to their liquidation. Under the old Bankruptcy Act, secured creditors were outside the scope of the reorganization provisions and hence not affected by the automatic stay of proceedings or the debtor company’s proposal.
Canadian Bankruptcy Law: A Secured Creditor’s Heaven
Authors: Cuming R C C
Published: November 2023

Conceptually, bankruptcy law is law for unsecured creditors and insolvent debtors. However, Canadian bankruptcy law has always been very solicitous of the interests of secured creditors. An historical explanation for the ‘handsoff’ approach of Canadian bankruptcy law where security interests are involved can be found in the fact that early Canadian bankruptcy law was largely a copy of tum of the century English bankruptcy law. The English law was drafted at a time when secured financing was relatively uncommon and there was no need to look to bankruptcy law as an important mechanism for protecting unsecured creditors from secret charges held by secured parties or from preferential transfers that did not fall within the conceptual structure of the Statute of Fraudulent Conveyances, 1571.
The Canadian Private Receivership
Authors: Buckley* F H
Published: November 2023

More than anything, this conference celebrates the abandonment of privatized reorganizations in Canada, England, and Australia, and their replacement with mandatory rules not dissimilar from those of chapter 11 of the US Bankruptcy Code. This Comment argues that such changes are value decreasing. In particular, the Canadian private receivership, a remedy of free contracting and of property rights, must be thought superior to the mandatory reorganization provisions of the 1992 Bankruptcy and Insolvency Act (BIA).
Must Boards Go Overboard? An Economic Analysis of the Effects of Burgeoning Statutory Liability on the Role of Directors in Corporate Governance
Authors: Daniels Ronald J
Published: November 2023

On 21 July 1992 six outside directors on the board of Westar Mining Ltd. resigned abruptly from the company’s board of directors.1 Westar was a troubled mining company operating in British Columbia. In 1991 the company had lost $62.2 million, mainly as the result of a poorly per forming export coalmine. While resigning from the board, the directors assured the public that there had been no wrongdoing by the company. Rather, the reason for their departure was related to concern over personal liability for wages and other benefits that might be owed to more than 1,900 of the company’s employees under provincial employment standards legislation should the company become insolvent. Despite the fact that their departure might not absolve them from liability for other duties, and would greatly complicate the company’s bid for survival, the size of the personal liabilities they faced more than $20 million left the directors little choice.
Corporate Governance and Transaction Costs
Authors: Kay Neil
Published: November 2023

The role of transaction costs in determining the nature and behaviour of different forms of economic organization has emerged as a major issue in recent years in economics and law. Coase’s early insights (1937) were developed by Williamson, whose work may be represented by three texts, Markets and Hierarchies (1975, henceforth M & H), The Economic Institutions of Capitalism (1985, henceforth EIC), and Economic Organization (1986, henceforth EO).
The Constitution of the Excluded—Indians and Others
Authors: Fitzpatrick Peter
Published: November 2023

The origin of the supreme power, for all practical purposes, is not discoverable by the people who are subject to it. In other words, the subject ought not to indulge in speculations about its origin with a view to acting upon them, as if its right to be obeyed were open to doubt (ius controversum). . .. Whether in fact an actual contract originally preceded their submission to the state's authority (pactum subiectionis civilis), whether the power came first and the law only appeared after it, or whether they ought to have followed this order-these are completely futile arguments for a people which is already subject to civil law, and they constitute a menace to the state.
The Criminalization of Racist Violence?
Authors: Loveland Ian
Published: November 2023

Racist violence appears to be a growing problem in modern Britain. The Qaddus Ali case is perhaps the best known, but by no means only example of an already significant and apparently intensifying social malaise. The assault on Qaddus Ali has added extra urgency to an ongoing debate about the desirability of making racist violence a distinct criminal offence, to which we should attach penalties over and above those imposed for similar actions undertaken for non-racist motives.
The Report of the Royal Commission: A view from Scotland
Authors: Gordon Sheriff G H
Published: November 2023

As someone who was a member of the Thomson Committee on Scottish Criminal Procedure, I should like to start by expressing my admiration for the speed with which the Report of the Royal Commission was prepared, as well as for the comprehensive detail of its content, and the amount of research material which was available to its authors. I note, too, that the Report (like Thomson) accepts that systems of criminal procedure are born, not made, so to speak, and that every system is the product of its own distinctive history and culture, which makes attempted transplantation liable to failure. I accept, too, the implications of the comment that the Royal Commission has not found, either in Scotland or elsewhere, ‘a set of practices which has so clearly succeeded in resolving the problems which arise in any system of criminal justice that it furnishes the obvious model which all the others should therefore adopt’. I have not come here to convert you all to the Criminal Procedure (Scotland) Acts, but merely to offer some comments from the point of view of an alien from another country, albeit one whose system is not all that unlike your own.
The Right to Silence in Cases of Serious Fraud
Authors: Smith A T H
Published: November 2023

F and when the proposals in clauses 34 to 37 of the Criminal Justice and Public Order Bill 1994 become law, the so called right to silence will be diminished—its critics say seriously undermined. But the proposals are as nothing to what has already happened in the context of what might loosely be called ‘serious fraud’, where the legislature and the judiciary have, in combination, made a striking series of assaults on the principle, with the result that the right (and the allied privilege against self-incrimination) have been diminished to vanishing point. The extent and desirability of these developments is the subject of this paper. How far they can survive challenge in the European Court of Human Rights in the light of the articulation of a right to silence in Funke v. France® (where it has been held that Article 6(1) of the European Convention on Fundamental Human Rights and Freedoms implies the right to silence as part of the right to a fair trial, and that French Customs and Excise law requiring the production of self-incriminating documents was in breach of the European Convention) is also a subject of contemporary concern, and it is the second topic addressed in this paper.
Self-incrimination and the European Convention on Human Rights
Authors: Warbrick Colin
Published: November 2023

A major consideration of Tony Smith’s paper for the All Souls meeting was the compatibility of the various statutory forms of investigation of company affairs and the use of testimony and documents obtained in the course of them in criminal trials with the international human rights obligations of the United Kingdom. My commentary on his paper took the form of a more detailed investigation of the provisions and case-law to which he had drawn attention. This paper is an expanded version of those comments. I am very conscious of my limited knowledge, particularly of the company laws involved, in addressing these matters. As will become apparent, I think that much may turn on the details of individual cases which reach the institutions of the European Convention on Human Rights in Strasbourg. While the position may be somewhat different with respect to the International Covenant on Civil and Political Rights, in general, it might be said, generalisations will not take us very far but generalisations are all that I can offer about what I will call the ‘investigatory powers’.
Exploitative Contracts
Authors: Bigwood Rick
Published: November 2023

Judges and scholars routinely use concepts such as ‘ exploitation’ in a justificatory way. In the field of contract law, a finding of exploitation may excuse a party from the normal consequences of his or her manifested contractual assent. However, the meaning of exploitation is usually assumed for this purpose, rather than elaborated. In fact, exploitation is a highly contested concept. Exploitative Contracts examines the ‘ essentially contestable’ criteria of interpersonal exploitation claims. It puts forward a conception of exploitation: ‘ legal contractual exploitation’ , a form of wrongdoing that arises in connection with the formation of contracts. This notion is shown to underpin traditional heads of relief in contract law, including unconscionable dealing, undue influence, unilateral mistake in equity, and ‘ lawful act’ duress. Importantly, this notion of legal contractual exploitation conforms to the intellectual and institutional forms of order presupposed by the classic liberal conception of the contract. The wrongfulness of an act of exploitation must reside in some characteristic of the processes of contract formation rather than in some quality of the impugned contract itself. The doctrines of unconscionable dealing, duress, and undue influence are examined in detail in the light of what they each reveal about the ‘ process’ conception of legal contractual exploitation. In turn, the volume explains how an understanding of these contract law doctrines can be enhanced by a proper conception of exploitation.
Legal Contractual Exploitation
Authors: Bigwood Rick
Published: November 2023

When a person complains of exploitation by another, we know, or think we know, exactly the nature of the complaint. The mere mention of the word ‘ exploitation’ in relation to a fellow ‘ person’ (as opposed to a mere ‘ thing’ ) excites a visceral sense of moral wrongdoing innate to our common humanity. Yet only when we press the notion do we discover that, unlike ‘ pornography’ we may not truly know exploitation when we (think we) see it.
Exploitation of Special Advantage: Unconscionable Dealing
Authors: Bigwood Rick
Published: November 2023

One of the routine functions of the common law, it has been said, is to ‘ mediate between the possessors of power and those affected by its exercise’ .2 Yet lawyers and law-making institutions are constrained to accept that there are limits to the protection that society can extend to its members against exploitation. The two most obvious protective strategies currently implemented by modern liberal democracies toward the reduction or elimination of interpersonal exploitation are ‘ interference’ and ‘ redistribution’ .3 ‘ Interference’ involves making it more difficult for power-holders to use their power to exploit the vulnerable.
Exploitation of Deferential Trust:Relational Undue Influence
Authors: Bigwood Rick
Published: November 2023

One contracting party (D) may exercise power over the other contracting party (P) in various ways so as to alter P’ s behaviour-here her contractual assent— in a direction intended by D, where P would otherwise not assent for that reason.
Introduction
Authors: Brown Schuyler
Published: November 2023

Spoken language is the principal . means of communication between contemporaries. Written language makes possible our communication with the past. Among all the literary monuments from the past, some have achieved, at least within a particular culture, a normative status which makes them ‘classics’. Of these classics, there are a few which have become the text in terms of which a culture seeks to understand itself and its continuing experience in history. For the ancient Greeks, Homer’s Iliad and Odyssey held a unique position of pre-eminence. The devotion of the Jews to every letter of the Torah, that is, the Pentateuch or first five books of the Hebrew Bible, led to their being known as ‘the people of the book’. The Bible, including the Old and New Testaments, has influenced Western civilization more than any other literary composition or collection. Within the English-speaking world, the influence of the Authorized Version is even greater than that of our greatest playwright, William Shakespeare.
Lord and Spirit
Authors: Brown Schuyler
Published: November 2023

1 Cor. 15: 3 is our earliest evidence for the fact that soon after Jesus’ death his disciples began to preach him as the Christ, a title which comes from the translation into Greek of the Hebrew term ‘Messiah’. Through this proclamation they bore witness to their belief that Jesus had been vindicated by God. The Messiah title, which was identical in meaning with the charge affixed to Jesus’ cross (‘the king of the Jews’ (Mark 15: 26 par.)), was perceived to be rightfully his, not in the sense that he had been a political pretender, as the Romans may have feared (cf. Mark 15: 2 par.), but in the sense that he was Israel’s redeemer king, who would save God’s people from their sins (cf. Matt. 1: 21).
Animal Welfare Law in Britain
Authors: Radford Mike , Broom Donald M
Published: November 2023

This is the most detailed and authoritative treatment of the current state of animal welfare law in Britain to date. It provides a full analysis of the substantive law, considers its objectives, application and effectiveness, the background to the current debate and the arguments for and against further reform. It includes full coverage of key topics such as the law relating to agricultural production, transportation, scientific procedures, entertainment, domestic pets, wildlife, hunting and enforcement.
The Source of the Autonomy
Authors: Nygh Peter
Published: November 2023

Before we can discuss the limits on the exercise of the autonomy of the parties, we must enquire into the source of that autonomy. There are two basic choices: the will of the parties is constituent by itself and does not depend for its validity on any particular municipal system of law, or it is given force and effect only by reference to the conflicts rules of a particular municipal system of law. In the latter case, the further question arises as to which system of law.