bluuebunny/crossref_metadata_2025 huggingface dataset:
Introduction
Authors: Crawford James
Published: August 2019

This introductory chapter discusses the development of the international law. It begins by tracing the development of the law of nations, now known as (public) international law, which grew out of the tradition of the late medieval ius gentium. Over the course of the twentieth century, international law underwent a profound process of expansion. Developments included, inter alia, the creation of international organizations of universal membership with treaty-making powers, a detailed elaboration of the law of the sea, the establishment of permanent bodies for the settlement of international disputes, the prohibition on the use of force by states, and the emergence of various sub-disciplines or specialist areas of work and study.
Creation and incidence of statehood
Authors: Crawford James
Published: August 2019

The state is the central type of legal person recognized by international law. Yet, since there are other legal persons so recognized, the possession of legal personality is not in itself a sufficient mark of statehood. This chapter discusses the legal criteria of statehood, some issues of statehood, secession and self-determination, and identity and continuity of states.
International organizations
Authors: Crawford James
Published: August 2019

This chapter focuses on the main legal problems arising from interstate organizations. Topics discussed include legal personality, privileges and immunities, performance of acts in the law, interpretation of the constituent instrument, relations of international organizations, law-making through organizations, and legal control of acts of organizations.
The territorial sea and other maritime zones
Authors: Crawford James
Published: August 2019

This chapter discusses international law governing the territorial sea, the contiguous zone, the continental shelf, the exclusive economic zone/fisheries zone, and other zones for special purposes such as defence.
The law of treaties
Authors: Crawford James
Published: August 2019

This chapter discusses the definition and functions of treaties. It deals with the conclusion of treaties; reservations; observance, application, and interpretation of treaties; amendment and modification of treaties; and invalidity, termination, and suspension of treaties.
Succession to rights and duties
Authors: Crawford James
Published: August 2019

The significant number of recent state successions has resulted in an attempted re-engagement with the law of state succession in a different historical and political context, based on the accumulation of state practice over the past two decades. This chapter discusses the forms of territorial change, state succession and municipal legal relations, succession to treaties, succession to responsibility, and membership of international organizations.
Privileges and immunities of foreign states
Authors: Crawford James
Published: August 2019

This chapter begins with a discussion of the evolution of the international law of state immunity. It then reviews the modalities of granting immunity, attachment and seizure in execution, and state immunity and human rights.
The relations of nationality
Authors: Crawford James
Published: August 2019

This chapter discusses the doctrine of the freedom of states in matters of nationality and the general principles on which nationality has traditionally been based. It then considers the effective link principle and the decision in Nottebohm, and reviews the application of rules of international law, concluding with a discussion of the functional approach to nationality.
Nationality of corporations and assets
Authors: Crawford James
Published: August 2019

The assignment of persons (including corporations) and property to states, in particular for the purposes of diplomatic protection, is normally approached through the concept of nationality, yet the problem must be solved in a variety of contexts, including jurisdiction. This chapter reviews international law governing the nationality of corporations, nationality of ships, nationality of aircraft, nationality of space objects, and state property in general.
International human rights
Authors: Crawford James
Published: August 2019

This chapter outlines the emergence of human rights in the sphere of international law and organization, and discusses the sources of human rights standards, non-discrimination and collective rights, the scope of human rights standards, and the regional protection and enforcement of human rights.
Intellectual Property Law
Authors: Karapapa Stavroula , McDonagh Luke
Published: August 2019

Intellectual Property Law aims to provide a comprehensive text on all aspects of this field. The first part looks at the complexities of copyright law, from authorship and first ownership to infringements and defences. It also covers moral and related rights. The second part looks exclusively at passing off. Then the text turns to trade marks. It examines the absolute grounds for refusal and the relative grounds for refusal of registration. It looks in detail at infringement and loss of registration of trade marks, and this part of the book ends with an examination of defences to trade mark infringement. The next part is about patents. After an introduction to patents the text analyses ownership and infringement of patents. The text then moves on to confidential information, in other words, trade secrets. Designs are examined after this. The final few chapters are about the exploitation and enforcement of intellectual property. The text concludes.
3. Hierarchy of norms in international law
Authors: Hernández Gleider
Published: August 2019

This chapter examines the hierarchy of norms and sources in international law. Establishing a hierarchy of norms and sources allows for a community to elevate certain fundamental principles over ordinary norms, and to establish order and clarity in the relations between norms, authoritative institutions, and legal subjects. In the last half-century, a special class of general rules endowed with peremptory legal force has emerged. Known interchangeably as ‘peremptory norms’ or ‘norms of jus cogens’, these are regarded as possessing a higher status to ordinary rules of international law, and would prevail over the latter in cases of conflict. As such, whether an ordinary rule exists in treaty or customary law, or is a general principle, it is null and void if in conflict with a rule of jus cogens. The chapter also studies a related category known as rights, or, more commonly, obligations erga omnes (‘owed to all’).
10. State responsibility
Authors: Hernández Gleider
Published: August 2019

This chapter illustrates the concept of responsibility in international law. Within international law, the term ‘responsibility’ has long been understood to denote how fault or blame is attributable to a legal actor for the breach of an international legal obligation. State responsibility remains the archetypal and thus most developed form of international responsibility. Nevertheless, other international actors apart from States may also bear rights and obligations under international law. The result of such capacity is the potential to bear responsibility for a breach of an international legal obligation. International law also provides for what are termed ‘circumstances precluding wrongfulness’, through which an act which would normally be internationally wrongful is not deemed as such. In such situations, international responsibility is not engaged. These are akin to defences or excuses in municipal legal orders.
13. Enforcement short of force
Authors: Hernández Gleider
Published: August 2019

This chapter focuses on enforcement short of force in international law, particularly studying countermeasures, the primary measures available to States in order to induce compliance of wrongdoers with their international obligations. In the last decades, there has been the codification and attempted development by the ILC, in the Articles on the Responsibility of States for Internationally Wrongful Acts (ARSIWA) of an international regime regulating countermeasures. To characterize an act as a ‘countermeasure’ is to concede its illegality in normal circumstances: by definition, countermeasures are acts which are ‘intrinsically unlawful, but are justified by the alleged initial failing to which they were a response’. Countermeasures may not in any case involve the use of armed force. The chapter also discusses the category of reprisals, the so-called ‘acts of retorsion’, and sanctions.
19. The protection of the environment
Authors: Hernández Gleider
Published: August 2019

This chapter studies the development of international environmental law. A significant proportion of international environmental law obligations is contained in treaties, which often provide for institutional mechanisms or procedural obligations for their implementation. There exists a dense network of treaty obligations relating to environmental protection, and to specific sectors such as climate change, the conservation of endangered species, or the handling of toxic materials. Indeed, though customary international law knows of no general legal obligation to protect and preserve the environment, certain customary rules nevertheless have been found in specific treaties, case law, and occasionally even soft law instruments. The most significant such rule is the principles of prevention, often taking the form of the ‘good neighbour’ principle. States are required to exercise due diligence in preventing their territory from being used in such a way so as to cause significant damage to the environment of another state.
Banking Law and Regulation
Authors: Chiu Iris H-Y , Wilson Joanna
Published: August 2019

Banking Law fully addresses the current landscape of banking law and regulation post the 2008 financial crisis. Coverage is balanced between transactional, regulatory, and private law topics across UK banking law, as well as European and international law. The text aims to cover everything needed for a full understanding. Topics covered include: the banker–customer relationship, payment, regulatory architecture in the UK and the European Union, macroprudential regulation, banking culture, governance, incentives, crisis management and resolution, and combatting financial crime.
18. Public offers of shares
Authors: Roach Lee
Published: August 2019

This chapter studies the sources of securities regulation, the rules relating to offering shares to the public, the various UK stock exchanges, and the process by which securities are listed. There are several types of public offer, including offers for subscription, offers for sale, placings, and rights issues. The London Stock Exchange is the principal UK stock exchange, and its two principal markets are the Main Market and the Alternative Investment Market. The principal domestic rules relating to public offers of shares are found in the Financial Services and Markets Act 2000, the Listing Rules, the Prospectus Rules, and the Disclosure and Transparency Rules. Companies that offer securities to the public or seek to admit securities to a UK regulated market must first publish a prospectus. Meanwhile, listed companies must comply with a range of continuing obligations for as long as their securities remain listed.
21. Corporate rescue
Authors: Roach Lee
Published: August 2019

This chapter examines the rationale behind the rescue culture and the two principal rescue mechanisms: administration and the company voluntary arrangement. The UK has sought to adopt a rescue culture, under which the law offers struggling companies access to several rescue mechanisms. The principal rescue mechanism is administration, under which an administrator is appointed to try and fulfil the purpose of administration. An administrator can be appointed by the court; the holder of a qualifying floating charge; or the company or its directors. A moratorium is imposed once a company enters administration, which prevents certain actions from proceedings. Meanwhile, a company voluntary arrangement is a rescue procedure that allows a company to enter into a binding agreement with its creditors. A company voluntary arrangement begins with a proposal being made, and that proposal must then be approved by the company and creditors.
4. Unfair dismissal—reasons and remedies
Authors: Taylor Stephen , Emir Astra
Published: August 2019

Employment tribunals must address three questions when faced with an unfair dismissal claim: Is the claimant entitled in law to pursue his/her claim? Was the main reason for the dismissal potentially lawful? Did the employer act reasonably in carrying out the dismissal? This chapter begins by distinguishing between three different types of dismissal claims that are brought to employment tribunals: unfair dismissal, wrongful dismissal and constructive dismissal. It goes on to discuss the first two of the three questions. It describes the four possible outcomes when a claimant wins an unfair dismissal case: reinstatement, re-engagement, compensation and a declaration that a dismissal was unfair. In practice, compensation is by far the most common outcome. The chapter then considers debates on remedies in unfair dismissal cases.
7. Contractual employment rights
Authors: Taylor Stephen , Emir Astra
Published: August 2019

This chapter introduces the basic principles of the law of contract as they apply to contracts of employment. It focuses on three issues in particular. First we look at how contracts are formed in the context of an employment relationship and at the conditions that need to be in place if a contract of employment is to be enforceable in a court. We then go on to discuss how employers can go about lawfully varying the terms of contracts by using flexibility clauses and other approaches. Finally we discuss the need to provide employees with written particulars of their employment soon after they start working in a new job.
13. Disability discrimination
Authors: Taylor Stephen , Emir Astra
Published: August 2019

This chapter deals with disability discrimination law under the Equality Act. It discusses the history and background of disability discrimination law, protected characteristics, prohibited conduct on grounds of disability discrimination, and issues such as who is the comparator. The chapter also covers key debates about how the law operates and how it might be improved in the future, and deals with the economic and social models of disability. Disability can refer to a physical or mental impairment, and the definition of disability includes reference to substantial impairment and day-to-day activities. The Equality Act covers the following in relation to disability: direct discrimination (including associative and perceptive discrimination), indirect discrimination, harassment, victimisation, discrimination arising from disability, duty to make reasonable adjustments, and enquiries about disability and health.
21. Wages and benefits
Authors: Taylor Stephen , Emir Astra
Published: August 2019

This chapter examines the distinct areas of employment law that regulate the payment of wages and benefits. It starts by focusing on the national minimum wage and national living wage legislation, describing how these work in practice and assessing the many debates that still surround the effectiveness and impact of this legislation. It goes on to explain the situations in which employers can and cannot lawfully make deductions from pay packets, the right for all employees to receive an itemised pay statement and the administration of statutory sick pay (SSP). Finally, it briefly discusses the regulation of occupational pension schemes.
31. Preparing and presenting a case
Authors: Taylor Stephen , Emir Astra
Published: August 2019

This chapter provides practical guidance to aid in the preparation and presentation of a case before an employment tribunal. Although it is primarily written from the point of view of the advocate at such a hearing, the material is also relevant to advisors, witnesses and the parties to a case. The text guides the parties to a tribunal case through the whole tribunal procedure from the very beginning. It covers fact management, understanding the law, starting the process—filling in claim and response forms, preparing a schedule of loss, negotiating a settlement, drafting witness statements, disclosure, preparing bundles and advocacy.
3. Private Law
Authors: Fisher Elizabeth , Lange Bettina , Scotford Eloise
Published: August 2019

This chapter provides an overview of different areas of private law and their relationship to environmental law including property law, tort law, contract law, and private law. The chapter begins by showing how the role of private law in addressing environmental problems is due to environmental law being applied law. Sections 3.3, 3.4, 3.5 and 3.6 give an overview of property law, tort law, contract law, and company law and their relationship to environmental law. This analysis shows that private law has a role in framing our understanding of environmental law and environmental problems, while environmental law and environmental problems also shape understandings of private law, and of property law in particular. The final section concludes by discussing the multi-dimensional nature of the interrelationship between private law, environmental problems, and environmental law in more detail.
7. Courts
Authors: Fisher Elizabeth , Lange Bettina , Scotford Eloise
Published: August 2019

Courts play an important role in environmental law. Among other things, they uphold the rule of law and adjudicate on the legal disputes that inevitably arise. This chapter explores the role of courts in environmental law. It outlines why courts are understood to be important in environmental law, what courts are, the different types of courts relevant to UK and EU environmental law, the importance of access to justice, and the actual and potential role of specialist environmental courts. Overall, what is apparent from this chapter is not only that the role of courts is an important one, but that it is also complex.
10. Environmental Law in the Legal Culture of the United Kingdom
Authors: Fisher Elizabeth , Lange Bettina , Scotford Eloise
Published: August 2019

This chapter is an overview of the legal cultures within the UK as they relate to environmental law. The focus here is on England, but the scope of analysis is across the UK and includes discussion of the devolved regions. The purpose of the chapter is to give the reader not only a general overview of the main features of these cultures but also to highlight much of its complexity. In particular, the uniqueness of much of UK environmental law means that one must be wary of transplanting ideas and assumptions about environmental law from other jurisdictions. The chapter thus begins with a basic discussion of legal culture.
11. European Union Environmental Law
Authors: Fisher Elizabeth , Lange Bettina , Scotford Eloise
Published: August 2019

Much of the substance of UK environmental law has been derived from EU environmental law. This chapter is an introduction to some of the major themes in EU environmental law. The first section outlines aspects of EU legal culture and considers different approaches to defining EU environmental law. The following sections examine four major themes of EU environmental law. The first theme is competence, which concerns the nature of the EU’s authority to act in relation to environmental matters. The second theme is implementation and enforcement. The third theme is the ability of Member States to take unilateral environmental protection action. Finally, the last theme is the legitimacy and accountability of EU governance.
15. Water Pollution
Authors: Fisher Elizabeth , Lange Bettina , Scotford Eloise
Published: August 2019

This chapter critically examines English, as well as selected European Union, laws that regulate the interlinked environmental challenges of protecting the quality and quantity of water courses. It deals with legal rules seeking to prevent and limit the pollution of rivers and other inland surface waters, such as lakes, as well as coastal areas and groundwater. One of the key challenges for water pollution law is to evolve into a more holistic, coherent, and integrated pollution control regime. In discussing this challenge, the chapter refers to and critiques recent interesting attempts to develop environmental policy discourses of bioregionalism and ecofederalism, that is, attempts to map regulatory space onto ‘natural’ spaces.
17. Air Quality Law
Authors: Fisher Elizabeth , Lange Bettina , Scotford Eloise
Published: August 2019

This chapter examines legal regimes relating to air quality, considering developments at the international, EU, UK and local levels. International and EU law is particularly important in this regulatory sphere since air pollution is a transboundary issue. There is also increasing public concern about air quality, which is reflected in high profile public interest litigation being brought against the UK government to ensure lawful levels of air quality are being met, or at least properly planned for. There are also implementation and coordination problems that make compliance with air quality law a considerable challenge. Regulating air quality ultimately requires coordinating the actions and efforts of actors in many industries, sectors, and geographical areas. At present, not all of those actors are within the scope of UK air quality law.
21. Nature Conservation
Authors: Fisher Elizabeth , Lange Bettina , Scotford Eloise
Published: August 2019

This chapter focuses on nature conservation law. This area of law includes a diverse range of legal regimes which are concerned with protecting the natural environment and includes laws that protect individual species and laws that protection particular areas. Nature conversation regimes exist at the national, EU and international level. The reasons for protection can vary as can by the types of law included in these regimes.
Poole's Textbook on Contract Law
Authors: Merkin QC Robert , Saintier Séverine
Published: August 2019

Course-focused and comprehensive, the series provides an accessible overview of the key areas on the law curriculum. This book has been guiding students through contract law for many years. It places the law of contract clearly within its wider context, including the growing distinction between commercial and consumer contracting, before proceeding to provide detailed yet accessible treatment of all the key areas encountered when studying contract law. Part 1 considers formation, looking in detail at agreement, certainty and agreement mistakes, the enforceability of promises and the intention to be legally bound. Part 2 looks at content, interpretation, exemption clauses and unfair terms, performance, and breach. Part 3 considers the enforcement of contractual obligations including remedies, detailed treatment of damages for breach of contract, privity and third party rights, and discharge by frustration. Part 4 looks at methods of policing the making of a contract, such as non-agreement mistakes which render the contract void, misrepresentation, duress, undue influence, unconscionable bargains, and illegality. The book also includes references to relevant EU consumer legislation and introduces students to the various attempts (international and European) to produce a harmonized set of contract principles.
Mason and McCall Smith's Law and Medical Ethics
Authors: Laurie Graeme , Harmon Shawn , Dove Edward
Published: August 2019

This textbook has provided a framework for exploring medical law and ethics for more than 35 years. It provides extensive examination of the interrelationship between ethical medical practice and the law. The authors offer their own opinions on current debates and controversies, and encourage readers to formulate their own views and arguments. Medical law is significantly shaped by the courts, and this book provides extensive coverage of recent judicial decisions as well as statutory developments. This eleventh edition continues to take a comparative approach, as in the case of assisted suicide, and also on the growing influence of international instruments and collaborations, as demonstrated in the field of health research. Despite the prospect of Brexit, the book continues to offer a dedicated and in-depth chapter on the influence of EU law on the field. The book is essential reading for any serious medical law student or practitioner, as well as being of interest to all those involved in the delivery and regulation of modern health care. New or updated material includes: a new chapter bringing together the range of ethico-legal issues affecting children, including minors and consent, data protection and research with children; detailed discussion of the high-profile court decisions involving Charlie Gard and Alfie Evans regarding medically futile treatment of infants; consideration of the Supreme Court ruling in Darnley v Croydon Health Services and the implications for A&E departments and their duty of care to patients; discussion of updated GMC guidance on Confidentiality (2017); fully updated discussion of the case law and changes in regulation of international surrogacy; and consideration throughout of the of the General Data Protection Regulation, which came in May 2018.
International Law
Authors: Henriksen Anders
Published: August 2019

International Law provides comprehensive and concise coverage of the central issues in public international law. The text takes a critical perspective on various aspects of international law, introducing the controversies and areas of debate without assuming prior knowledge of the topics discussed. Supporting learning features, including central issues boxes, chapter summaries, recommended reading and discussion questions, highlight the essential points. Topics covered include the history of international law, legal sources, the law of treaties, legal personality, jurisdiction and state immunity. The text also looks at the international law of the sea, human rights law, international environmental law, international economic law, the peaceful settlement of disputes, the use of force, the laws of armed conflict and international criminal law.
6. Assembling the contract
Authors: Arvind TT
Published: August 2019

This chapter considers how the courts determine what the terms of the contract are, both where the contract is in writing and where it is oral. It first examines unwritten contracts, focusing on oral negotiations and how the courts identify which statements, out of everything the parties said and did, were intended to have contractual force. It then discusses three categories of statements made by the parties: statements that are ‘mere puff’, statements that are factual ‘representations’, and statements that are intended to be contractual terms. It also describes written documents, and more specifically what impact the existence of a written contract has on other terms which a party argues were agreed, but which were not written down in the contract. The chapter concludes by looking at incorporation and the criteria the law sets for holding that external terms were validly incorporated into a contract.
12. The limits of hard bargaining
Authors: Arvind TT
Published: August 2019

This chapter examines how English law sets limits to hard bargaining through the application of the doctrines of duress and undue influence. It first considers the problem of coercion in contractual transactions and how the doctrine of duress deals with coercion through the use of threats. It then discusses three key elements of duress: the impact of the pressure on the person who was subject to it, the need to prove illegitimacy, and the pressure must induce the decision to contract. It also describes remedies for duress and proceeds with an analysis of the scope and nature of undue influence, the elements of actual undue influence, presumed undue influence, remedies for undue influence, and specific issues that arise in relation to undue influence where third parties are involved. The chapter concludes with an overview of the regulation of aggressive practices.
14. Protecting the public interest
Authors: Arvind TT
Published: August 2019

This chapter examines how English law deals with contracts against the public interest under the doctrine of illegality. The doctrine of illegality reflects a broader principle that applies across private law, that legal actions cannot be founded on illegal acts. In contract law, its implication is that contracts contrary to law or public policy are void. The chapter first considers the problem of illegal behaviour in contracting before discussing the rule-based approach to illegality and its limits. It then reviews the Supreme Court decision in Patel v Mirza and how it gave rise to the ‘range of factors’ approach to illegality. It also looks at criteria that make a contract illegal, including cases where the illegality consisted of criminal and civil wrongs. The chapter concludes with an overview of other types of illegality, such as the ‘injurious to good government’ ground and restraint of trade.
2. Introduction to the tort of negligence
Authors: Horsey Kirsty , Rackley Erika
Published: August 2019

The chapter begins by mapping and explaining the historical development of the tort of negligence, and some of the key themes underpinning the tort, before placing the discussion in the context of the modern law of negligence. The chapter then outlines the essential ingredients of a claim in negligence—a duty of care, a breach of that duty and the damage caused by that breach—before going on to explore these in practice through a close examination of the first instance judgment in X & Y v London Borough of Hounslow [2008].
3. Duty of care: basic principles
Authors: Horsey Kirsty , Rackley Erika
Published: August 2019

This chapter begins by tracing the development of the duty of care starting with the case of Donoghue v Stevenson [1932]. It goes on to consider the various general tests developed and used by the courts in order to establish when a duty of care is owed. Finally, the chapter discusses the ‘incremental and by analogy’ and so-called Caparo three-stage ‘test’ established by the House of Lords in Caparo Industries v Dickman [1990] and recently reconsidered by the UK Supreme Court in Robinson v Chief Constable of West Yorkshire Police [2018].
11. Occupiers’ liability
Authors: Horsey Kirsty , Rackley Erika
Published: August 2019

This chapter discusses occupiers’ liability, which deals with the risks posed, and harms caused, by dangerous places and buildings. In such cases, the occupier of the premises may be liable where a person who comes onto their land is injured in or by unsafe premises if the occupier has not taken reasonable care to ensure that those entering are safe. The general principles of negligence have been incorporated into, and modified by, statute in the form of the Occupiers’ Liability Acts 1957 and 1984. Although the Acts define the circumstances in which a duty of care will be owed (and tell us something as to its extent, as well as matters relating to its discharge and limitation), questions of breach and causation still need to be established by reference to the ordinary principles of negligence.
Smith, Hogan, & Ormerod's Essentials of Criminal Law
Authors: Child John , Ormerod QC David
Published: August 2019

This book focuses on substantive criminal law, that is, how offences such as theft and murder are defined. This introductory chapter sets in context criminal offences and defences, first by considering the basis upon which certain conduct is criminalised and other conduct is not. It then outlines the reasons why people commit crimes, which types of people commit them, and whether certain groups are over-represented in criminal statistics. It also discusses the role of evidence in assessing how well criminal offences can be proved in practice; the punishments for committing crimes; the difference between criminal and civil law; the process and procedure to obtain a criminal conviction; sources of the substantive criminal law; the internal structure of offences and defences; principles of the substantive criminal law and the subjects to which it applies; legal reform; and the application of the current law.
5. Capacity and incapacitating conditions
Authors: Allen Michael J. , Edwards Ian
Published: August 2019

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. A person should only be held criminally liable where he has the capacity to understand his actions, and to recognise the consequences which may flow from them, and, having understood them, where he has the capacity to control them. The criminal law recognises the requirement of rational capacity by excepting persons who lack rational capacity from liability in certain circumstances. This chapter examines the issues of the age of criminal responsibility, insanity and the M’Naghten Rules (including analysis of the meaning of a ‘disease of the mind’ and the cognitive tests for determining whether someone is legally insane), automatism, and intoxication (with analysis of the distinction between offences of specific intent and basic intent). A revised and updated Law in Context feature explores the treatment of mentally disordered defendants and offenders in the criminal justice system.
6. General defences
Authors: Allen Michael J. , Edwards Ian
Published: August 2019

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter discusses general defences of duress, necessity, and private defence and prevention of crime. Duress relates to the situation where a person commits an offence to avoid the greater evil of death or serious injury to himself or another threatened by a third party. Necessity relates to the situation where a person commits an offence to avoid the greater evil to himself or another, which would ensue from objective dangers arising from the circumstances in which he or that other are placed. An accused charged with a violent offence may seek to plead that he acted as he did to protect himself, or his property, or others from attack; or to prevent crime; or to effect a lawful arrest.
9. Homicide
Authors: Allen Michael J. , Edwards Ian
Published: August 2019

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter discusses offences of homicide: murder and manslaughter. Murder is unlawful homicide committed with ‘malice aforethought’ for which the penalty is life imprisonment. Manslaughter generally covers all unlawful homicides which are not murder. The punishment for this offence is in the discretion of the court. Manslaughter may be divided into voluntary and involuntary. Voluntary manslaughter arises where the accused has committed murder but circumstances of excuse or justification, either diminished responsibility or loss of self-control, are present reducing his culpability. The chapter analyses the scope of these defences, situating them in the context of the abolition in 2009 of the provocation defence. Involuntary manslaughter is an unlawful killing where the accused lacked malice aforethought but otherwise had a state of mind which the law treats as culpable. Unlawful act manslaughter covers situations where a person has unlawfully killed as a result of committing a separate unlawful act, such as a punch. Gross negligence manslaughter covers situations where a person has unlawfully killed as a result of a gross breach of a duty of care owed to the victim. The Law in Context feature examines the sentencing for homicide offences in light of new guidelines from the Sentencing Council.
11. Sexual offences
Authors: Allen Michael J. , Edwards Ian
Published: August 2019

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter discusses the main sexual offences including rape, assault by penetration, sexual assault, causing a person to engage in sexual activity without consent, offences against children, familial sex offences, offences against persons with a mental disorder, and preparatory offences. The chapter situates the offence of rape in particular in the context of broader discussions about consent and trial by jury. Two Law in Context features examine the prevalence of ‘rape myths’ that may affect how jurors decide whether a man has committed rape and the procedural issues that affect the success of rape prosecutions.
12. Offences under the Theft Acts 1968 and 1978: Theft and related offences
Authors: Allen Michael J. , Edwards Ian
Published: August 2019

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter discusses offences under the Theft Acts of 1968 and 1978. It covers each element of the offence of theft (dishonest appropriation of property belonging to another with the intention permanently to deprive), abstracting electricity, robbery, and offences involving temporary deprivation. It discusses the meaning of ‘dishonesty’, including the Supreme Court’s decision in Ivey v Genting Casinos UK Ltd (2018), which held that the two-part Ghosh test for dishonesty no longer applies. The Law in Context feature analyses critically the criminalisation of ‘freeganism’.
13. Fraud
Authors: Allen Michael J. , Edwards Ian
Published: August 2019

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter examines the offence of fraud, covering offences under the Theft Acts and offences under the Fraud Act (FA) 2006. The FA 2006 repealed various sections of the TA 1968 and TA 1978, replacing a number of individual offences based on deception with the offence of fraud which may be committed in three ways: fraud by false representation, fraud by failing to disclose information, and fraud by abuse of position. It also creates the offence of dishonestly obtaining services to replace the offence of obtaining services by deception under s. 1 of the TA 1978. These offences are designed to overcome problems in the old law and to simplify the law.
Contract Law Directions
Authors: Taylor Richard , Taylor Damian
Published: August 2019

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers at undergraduate level through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. Contract Law Directions is a comprehensive guide, now in its fifth edition, to all aspects of contract law. It is structured in four parts. Part One looks at the creation of obligations. It considers agreement, intention to create legal regulations, and consideration and estoppel. Part Two is about contents and borders and looks at positive terms, exemption clauses, and misrepresentation. Part Three examines defects in terms of mistake, duress, undue influence, and unconscionable bargains. The final part explains finishing and enforcing obligations. It analyses frustration, damages, specific remedies, and privity and the interests of third parties.
Spotlight on Transition in Patients With Inflammatory Bowel Disease: A Systematic Review
Authors: Erős Adrienn , Soós Alexandra , Hegyi Péter , Szakács Zsolt , Erőss Bálint , Párniczky Andrea , Mezősi Emese , Rumbus Zoltán , Sarlós Patricia
Published: August 2019

Background

Transition of adolescents from pediatric to adult care is of great importance in the management of inflammatory bowel disease (IBD). Our aim was to review and summarize the currently applied interventions and outcomes related to transition practices in IBD.

Methods

A systematic review was performed in accordance with the PRISMA Statement. We searched PubMed, EMBASE, CENTRAL, and Web of Science databases up to February 15, 2019. Controlled studies evaluating adolescents and young adults with IBD participating in structured transition interventions or patient educational programs and single-arm (before-after) studies were included. Several individual, health care, and social outcomes were assessed. The PROSPERO registration number is CRD42019118520.

Results

A total of 23 articles were eligible for qualitative synthesis. Eleven studies compared an intervention to a control group, whilst 12 studies were uncontrolled before-after studies. The age of the participants varied from 11 to 25 years. The most common structured transition interventions were joint visits and patient education programs. IBD nurses were operating as nominated transition coordinators in the transition process. Quality of life, patient satisfaction, self-efficacy, disease-specific knowledge, adherence rate, and nonattendance rate at outpatient clinic were identified as main health care transition outcomes besides disease-related outcomes. Despite the various study designs and methodological limitations, outcomes improved with the application of structured transition interventions in eleven of the studies.

Conclusion

These results facilitate the design of randomized controlled trials along better standards in transitional care in IBD.
Two Bhaktas, One District: Revisioning Hagiography and Imagery in Telugu South India
Authors: Kamath Harshita Mruthinti
Published: August 2019

The hagiography of the bhakti poet is often times far more elaborate than their compositions and can even determine the interpretation of their poetic productions (Pechilis 2011). The hagiography can exceed the spaces of written or orally composed poetry to shape the visual imagery of the bhakti poet-saint. This article examines two such instances of constructed hagiography and visual imagery in Telugu-speaking southern India, namely those of Siddhendra and Kṣetrayya. Situated within a few kilometres of each other in what is now known as the Krishna district of Andhra Pradesh, Siddhendra and Kṣetrayya are imagined as paradigmatic bhakti poet-saints whose compositions are integral to Telugu arts and performance. The similarity in hagiography and visual imagery across these two figures is a direct byproduct of twentieth-century Telugu proponents who made concerted efforts to position Telugu arts within a pan-Indian modernist framework of bhakti. Telugu scholars and performers invoke bhakti discourses and imagery to frame both Siddhendra and Kṣetrayya as Telugu bhakti poet-saints. In doing so, Telugu proponents imbue their arts with religious weight, while also positing the Brahmin-dominated areas of the Krishna district as the heart of Telugu performance culture.
Energy Pricing Policies and the International Trade Regime
Authors: Moerenhout Tom S H
Published: August 2019

Energy subsidy and pricing reform is widely heralded as a necessity to transition to sustainable development and keep global warming below 2°C. Energy pricing policies and subsidies are also at the heart of the energy–trade–climate nexus, but progress has been slow within the international trade regime. This is unlike other international organizations or networks, where progress has been more substantial. This article investigates the lack of legitimacy to regulate or coordinate pricing reform and links it to fundamentally divergent interests between fuel producers and importers. The article discusses the regulatory and coordinative potential of the World Trade Organization and preferential trade agreements. It finds that at the World Trade Organization, the Subsidies and Countervailing Measures, the Anti-Dumping Agreement, case law, Ricardian theory, and negotiation history all preempt the consideration of most pricing policies as subsidies. As a result, subsidy notification within the World Trade Organization is low and while other options for improving transparency via the Committee on Trade and Environment and Trade Policy Review Mechanism have been suggested, not much has actually happened because producers protect their comparative advantage. Therefore, support for fuel pricing reform remains on a general level via Ministerial Statements or through general provisions in preferential trade agreements that reconfirm the G-20 and Asia Pacific Economic Cooperation commitments to fuel subsidy reform. The only real advancement has been made within bilateral trade negotiations where heavyweights such as the European Union can push trading partners to abandon dual pricing policies.
The Chevalier’s Secret: Emma Hardinge Britten and the Dawn of American Occultism
Authors: Thompson Robert C
Published: August 2019

In 1876, prominent spiritualist medium and writer Emma Hardinge Britten published two books written by the Chevalier Louis de B., arguably a pseudonym she used to disguise her own opinions about the nature of the soul and the power of the occult will. As American spiritualism fell into disrepute—dogged by cases of fraudulent mediums and a culture of excess—occultism, typified at the time by Helena Petrovna Blavatsky, rose up to replace it. Britten saw the potential that Blavatsky’s views on the development of the conscious will, the existence of a spirit hierarchy, and training with skilled adepts could have for spiritualism’s much less structured approach to supernaturalism, but she worried over occultism’s dismissive attitude toward a unified concept of the soul. Blavatsky tended to fracture the self into several parts in her writing, dismissed the prospect of human spirit communication, and challenged the notion that all human souls were immortal. I argue that Britten created the Chevalier in order to challenge spiritualist orthodoxy while maintaining her identification as a medium who believed sincerely in the spiritualist concept of the soul. I discuss three major areas in which Britten sought to negotiate a space between spiritualism and occultism: the consequences of mediumistic passivity, the existence of non-human spirits, and the predominance of a secret Indian brotherhood at the head of an occult hierarchy.
The detection of Coccidioides from ambient air in Phoenix, Arizona: Evidence of uneven distribution and seasonality
Authors: Gade Lalitha , McCotter Orion Z , Bowers Jolene R , Waddell Victor , Brady Shane , Carvajal Joseph A , Sunenshine Rebecca , Komatsu Kenneth K , Engelthaler David M , Chiller Tom , Litvintseva Anastasia P
Published: August 2019

Coccidioidomycosis is a debilitating fungal disease caused by inhalation of arthroconidia. We developed a novel approach for detection of airborne Coccidioides and used it to investigate the distribution of arthroconidia across the Phoenix, Arizona, metropolitan area. Air filters were collected daily from 21 stationary air-sampling units across the area: the first set collected before, during and after a large dust storm on August 25, 2015, and the second over the 45-day period September 25–November 8, 2016. Analysis of DNA extracted from the filters demonstrated that the day of the dust storm was not associated with increase of Coccidioides in air samples, although evidence of the low-level polymerase chain reaction (PCR) inhibition was observed in DNA extracted from samples collected on the day of the dust storm. Testing over 45 days identified uneven geographic distribution suggesting Coccidioides hot spots. In 2016, highest daily concentration of arthroconidia was observed between September 25–October 20, and only sporadic low levels were detected after that. These results provide evidence of seasonality and uneven spatial distribution of Coccidioides in the air. Our results demonstrate that routine air monitoring for arthroconidia is possible and provides an important tool for Coccidioides surveillance, which can address important questions about environmental exposure and human infection.