bluuebunny/crossref_metadata_2025 huggingface dataset:
Professionalism, Officialism: Solicitors and the State
Authors: Anderson J Stuart
Published: October 2023

Within the broad fold of the Liberal party, radicals had long identified a land question, which in true individualist fashion they equated with the issue of ownership. From the 1860s one prescription focused upon the legal institutions of the landed aristocracy—primogeniture, entail, settlement—which should be abolished. For men who believed in the superiority of market forces to solve social problems it was imperative to remove ‘artificial’ impediments to a system of private property based upon individual initiative and responsibility. The onset of agricultural depression in the late 1870s heightened these claims; ‘land in fetters’ was land unable to adapt to straitened circumstances. As a result of the settlement system, it was said, farmers were mere leaseholders, unable and unwilling to invest the fixed capital the land needed. Poor housing conditions for both urban and rural poor could be traced to the same source: settlement prevented sale, reduced land supply, and drove rents up. Alternatively, settlement encouraged the urban lease-hold system, whereby any increased capital value of the land accrued to the landlord, together with any buildings on it at the end of the lease, depriving the house-owner of incentive to improve the property.
1897–1912: The Old Order Resurgent
Authors: Anderson J Stuart
Published: October 2023

For solicitors these were the tensest years. They culminated in a Royal Commission which from 1909 to 1911 investigated the workings of the 1897 Act, reported, and laid the foundation for what ultimately became the property legislation of 1922-5. Before then, for the first decade or so of the new regime, there was a fierce institutional struggle between Registrar and law societies for control of the future of land transfer. Both lost; but that was not foreseen.
Lawyers’ Law: The Conveyancing Bills of 1913/14
Authors: Anderson J Stuart
Published: October 2023

1.1. The choice for Haldane lay between Stephen and Wolsten-holme. Stephen represented a step towards a unified property-law code, a true assimilation. It could be done directly, by spelling out principles as Cyprian Williams would have liked; or indirectly by deeming realty to be personalty, and leaving the general learning of the profession to draw the right conclusions. Sweet and Underhill had inclined towards this sort of step, the Royal Commission had hinted its approval, and it was Williams’ s bill that won what favour there was from law societies in the pessimistic days of 1911. Wolstenholme had never supported systematic assimilation, and Benjamin Cherry continued to oppose it after his mentor’s death in 1908.5 But the law of realty, while remaining separate, could be cut back; successive estates could be abolished. Then settlements would have to be created behind trusts. Successive interests would be assimilated to personalty in that sense, the law of trusts forming a buckle between the two major divisions of property law.
General Problematic
Authors: Ost Michel Van De Kerchove François , Stewart Iain
Published: October 2023

Before looking at the main questions raised by the investigation of law as system, it seems useful to mention some preliminary problems. How can the concept of system interest the study of law? What different epistemological orientations might that investigation follow and, in particular, which orientation will this book adopt? What general perspectives opened up by the investigation of systems explain the choice of the various problems dealt with in this book? On the fringe of general system theory, indeed, may one not see in writers such as Kelsen and Hart true precursors of a theory of legal system?
Introduction
Authors: Waluchow W J
Published: October 2023

Legal theory is in a perplexing state. Traditional boundaries between rival views have been blurred to the point where one wonders just what the issues are and whether the protagonists are more often than not arguing at cross purposes. On the one hand we have apparently dyed-in-the-wool legal positivists like Joseph Raz and Neil MacCormick claiming that it is perfectly consistent with legal positivism to suggest that law, as an important social institution, necessarily has some moral merit.
Inadmissibility Ratione Temporis
Authors: Amerasinghe C F
Published: October 2023

‘Inadmissibility for Other Reasons’, 1.iii.] [See Sect. 3, ‘Inadmissibility for Other Reasons’, 1.iii and iv.]
Administrative Review
Authors: Amerasinghe C F
Published: October 2023

‘Inadmissibility for Other Reasons’, Liv; Sect. 12, ‘Substantive Irregularity’, 1.xi; Sect. 13, ‘Procedural Irregularity’, 1.i, 5.ii; Sect. 16, ‘Classification’, 1.ii, 13.i; Sect. 25, ‘Salary’, 4.iii; Sect. 26, ‘Taxation’, 1.i; Sect. 28, ‘Reorganization’, 2.v.)

45. The Tribunal notes that from the time the Applicant expressed her dissatisfaction with the grading of her position by the JEU, the Respondent took a series of measures aimed at confirming and consolidating the decision to grade the Applicant’s position at level 17. Many of these measures fell short of meeting the requirements of due process and a fair and reasonable procedure.
Prejudice/Discrimination
Authors: Amerasinghe C F
Published: October 2023

The Applicant has complained of certain inherent limitations in the operation of the Committee as well as procedural and substantive flaws in its conduct in this case. The Tribunal has found itself able to review these complaints without entering further into the question of the powers of the Appeals Committee or its relation to the Tribunal. It has concluded that the complaints cannot be sustained ....
Probation
Authors: Amerasinghe C F
Published: October 2023

The record shows that the Respondent did promise to convert the Applicant’s appointment into a permanent one but that the fulfillment of that promise was conditional upon the Applicant’s satisfactory performance. By a letter dated December 22, 1986, the Applicant’s supervisor informed the Personnel Management Department (PMD) of the Applicant’s selection as a Cofinancing officer.
Judgment
Authors: Amerasinghe C F
Published: October 2023

In the light of the Tribunal’s conclusions above this request has become moot. (Kassab, Decision No. 97 [1990], para. 59)
Taking Sides: Partisan Research in the 1984-1985 Miners’ Strike
Authors: Green* Penny
Published: October 2023

The 1984/5 Miners’ Strike was perhaps the most courageously fought, and most fiercely opposed industrial dispute in British history. Not since the 1926 General Strike, when the miners’ leader, A. J. Cook, told strikers: ‘You have been fighting the legions of hell’, had workers been confronted by such a mobilization of state power. In 1984 the men and women of the British coalfields faced a highly co-ordinated, brutal, and massively resourced state assault designed to defeat their struggle to save pit jobs. Paramilitary policing of once-quiet villages, a media campaign unprecedented in its vilification of working-class struggle, and a welfare strategy designed to starve miners back to work—these were the key components in the state’s campaign against the miners.
The Role of Foreign Law
Authors: Fentiman Richard
Published: October 2023

The previous chapter began the work of locating the foreign law problem in its proper context. The present chapter completes the task by identify ing when the problem becomes an issue in practice. This occurs most obvi ously in the process of applying the governing law at trial. Once identified through the choice of law process as being foreign, its content must be established by proof. In some cases this will not be contested, although sat isfactory evidence will be needed if foreign law is to be applied.
Improving Expert Proof
Authors: Fentiman Richard
Published: October 2023

Evidence of foreign law is normally provided by the parties’ experts, orally examined. But, given the delay, difficulty and expense of this process, how might cost-conscious litigants establish foreign law more easily? How might the court’s task be made easier and the determination of foreign law made more efficient and effective? In certain circumstances, as Chapter VIII will show, resort to party experts may be dispensed with altogether, offering litigants the opportunity to avoid completely the delay and expense which such proof entails.
Replacing Party Experts
Authors: Fentiman Richard
Published: October 2023

In the previous chapter we examined such techniques as may augment the process of proving foreign law by party experts. Our present concern is with those techniques which allow such evidence to be dispensed with altogether. Foreign law is normally determined by obtaining expert opin ions. But this is not the only method available. Unexceptionally, other methods may be employed in uncontested cases. Points of foreign law will be taken as settled, for example, and need not be proved, where they are admitted. Previous rulings on foreign law by English courts are binding in the absence of contrary evidence.
Recognition and Enforcement of Judgments
Authors: Lowenfeld Andreas F
Published: October 2023

Should judgments be purely territorial, with no effect outside the rendering state? I did not believe anyone today would take that position, until I learned that, absent a treaty, that is the law in as generally enlightened and internationalist countries as the Netherlands, Norway, and Austria. Clearly, the better view, if not yet the view required by international law, is that at least some judgements from some other states ought to be recognized and enforced, to establish the security of contracts, promote commercial dealings, and generally further the rule of law among states that are interdependent as well as independent.
Law in Environmental Decision-Making
Authors: Jewell Tim , Steele Jenny
Published: October 2023

This collection of essays adopts a distinctive approach to environmental legal issues. The contributors represent a variety of specialisations, ranging from public law to international law and international relations. Some essays are written from within a UK domestic law perspective, but others adopt a broadly comparative, supra-national or international approach. The contributors do not assume that problems and solutions in 'environmental law' should be perceived as wholly distinct from the preoccupations of existing legal specialisms. New and proposed legal responses inevitably build on or employ established legal techniques, rather than starting completely afresh. The contributors do however, regard environmental problems as posing or at least illuminating significant challenges to received patterns of legal thought. In the light of this, the contributors therefore investigate aspects of law's influnce in environmental decision-making, and consider whether legal institutions and forms of thought can respond adequately to the challenge of environmental change.
Regulatory Evolution in Pollution Control
Authors: Robinson David
Published: October 2023

Commentaries on environmental law often refer to the relative novelty of the subject. In the case of pollution control, however, law has been central for a number of decades. The law has achieved some success in controlling gross emissions. However, problems associated with economic and population growth-such as natural resource depletion, declining water quality, cumulative impacts, diffuse source pollution, and the build-up of hazardous wastes-suggest the limitations of law, at least of the prescriptive ‘command-and-control’ type still dominant in the pollution control systems of many industrialized countries.
The Participants in the UK
Authors: Stapledon G P
Published: October 2023

This and the following two chapters look at the history and current level of institutional monitoring of the management of UK quoted companies. The most obvious and important matters to be addressed are the various issues with which the institutions have been concerned, and the manner in which the institutions have gone about their monitoring. Those two matters are dealt with in Chapters 4 and 5, respectively. However, before attention is shifted to those substantive topics, this chapter addresses two subsidiary issues. First, who are the significant institutional players in the UK corporate-governance arena? Are they the pension schemes, insurance companies, unit trusts, and investment trusts (i.e. the bodies which own beneficially about 60% of UK equities)? Alternatively, are they the fund managers (i.e. the outside firms and in-house subsidiaries which provide investment-management services to the pension schemes, insurers, unit trusts, and investment trusts)? Secondly, institutional monitoring sometimes occurs through collective-action vehicles-mostly the institutions ‘ trade associations. The second main aim of this chapter is therefore to provide a brief description of the institutions ‘ collective-action bodies.
Equity’s Identification Rules
Authors: Hayton David
Published: October 2023

This chapter is concerned with Equity’s restitutionary proprietary remedy for vindicating existing property rights against the traceable product of property (subject to a trust or other fiduciary relationship), whether by way of the imposition of a constructive trust or an equitable lien (commonly referred to as a charge). It concentrates upon the equitable rules where new assets have been acquired in place of the original trust property. Such rules endeavour to identify the value of the original property in new assets so as to ascertain the value surviving in the defendant’s hands. The plaintiff has to prove that his claim has a ‘proprietary base’ and that there are ‘transactional’ links between the original property and the new assets enabling the value of his property to be matched with the new assets. Only such proprietary links will justify the proprietary remedy affording the plaintiff priority over the defendant’s unsecured creditors in the event of the defendant’s insolvency, the unsecured creditors (but not the plaintiff) having accepted the risk of such insolvency.
Intellectual property and private International law
Authors: Fawcett James J , Torremans Paul
Published: October 2023

The protection and commercial exploitation of intellectual property rights such as patents, trade marks, designs and copyright are seldom confined to one country and the introduction of a foreign element inevitably raises potential problems of private international law, ranging from establishing which court has jurisdiction and which is the applicable law to securing the recognition and enforcement of foreign judgments. For example, will a foreign defendant be subject to the jurisdiction of the English courts if he induces his English distributor to infringe a patent in England? What law will apply to a trade mark licensing agreement made between a German company and a French company where the parties have not expressly chosen whose law governs their contract? And are an author's rights determined by the same law as that governing the issue of the transferability of copyright? Although such issues are becoming increasingly important, a dearth of literature exists on the subject. Fawcett and Torremans remedy that neglect and provide a systematic and comprehensive analysis of the topic that will be welcomed by practitioners and scholars alike. From the authors' preface This book is concerned with the application of the rules of private international law to intellectual property cases. Private international lawyers have largely ignored this topic, and it has been left to intellectual property lawyers to discuss this. This is a pity. It is a topic which raises unique questions for the private international lawyer which deserve an answer, and at the same time tells us much about the rules of private international law that are being applied. The aim of the book is to fill this gap in the literature. The emphasis in the book is on private international law rather than on intellectual property law. Nonetheless, it is hoped that intellectual property lawyers will find much to interest them here Most of the book is taken up with a discussion of the relevant rules of private international law and their application in the context of intellectual property law. A major theme of the book is the extent to which there are special rules of private international law for this area and whether there should be such rules. Alternative private international law solutions will be considered by looking at the law in other jurisdictions and, where appropriate, proposals will be put forward for a better solution This book is part of the Oxford Monographs in Private International Law series, the aim of which is to publish work of high quality and originality in a number of important areas of private international law. The series is intended for both scholarly and practitioner readers.
Creation and Validity of Intellectual Property Rights: Jurisdiction
Authors: Fawcett James J , Torremans Paul
Published: October 2023

The creation of certain intellectual property rights requires the successful completion of a registration procedure, whilst the creation of other intellectual property rights does not. Once a right is supposedly created, the issue of its validity arises. Were all the criteria met or should the right never have been granted? The creation issue is also closely linked to the scope of the intellectual property right, because the content of the right is determined by the outcome of the creation process.
Infringement: The Applicable Law
Authors: Fawcett James J , Torremans Paul
Published: October 2023

In this chapter, the law applicable to infringement will be examined. But first, something needs to be said about how questions as to the applicable law arise.Such questions arise when the facts of the case involve a relevant foreign element and the substantive law of each country is different. There is a relevant foreign element where one or both of the parties reside abroad or the infringement occurred abroad. There may be an infringement in more than one country. For example, unauthorised copies of a book may be put on sale in all countries of the European Union.
Recognition and Enforcement of Foreign Judgments Relating to Intellectual Property
Authors: Fawcett James J , Torremans Paul
Published: October 2023

requirement that the judgment is a final one. As far as intellectual property cases are concerned, an injunction can come within Article 25, as can an interim order.As long as recognition and enforcement is sought in relation to a judgment that has been given by a court or a tribunal in a Contracting State, the Convention applies irrespective of the basis on which that court or tribunal took jurisdiction. It is by no means necessary that the court or the tribunal took jurisdiction on the basis of a jurisdictional rule that is contained in the Brussels Convention. It could have taken jurisdiction on the basis of a traditional national rule.
Broadcasting
Authors: Barendt Eric , Lustgarten Laurence , Norrie Kenneth , Stephenson Hugh
Published: October 2023

Obviously there are important legal and practical differences between the positions of newspapers and the broadcasting media. As far as the law is concerned, it must be remembered that the latter are relatively tightly regulated, in that, first, alicence must be granted before a commercial broadcaster, whether of radio or television, is free to operate; secondly, broadcasting legislation1 imposes a number of detailed programme requirements; and thirdly (at the time of writing), the Broadcasting Complaints Commission controls, among other matters, the fairness of programmes. Equally, the BBC operates under a Charter and an Agreement, which impose broadly similar programme standards to those governing private channels and stations; further, it is also subject to the control of the Broadcasting Complaints Commission (BCC) in the same way as private radio and television. Broad casters therefore operate in a culture of control and regulation, far removed from that found in the press, whether national or regional.
Dangerousness and Citizenship
Authors: Duff* R A
Published: October 2023

My focus in this chapter is on persistent, serious, violent offenders, who are fully responsible for their crimes (I assume, but will not argue now, that this class is not empty). ‘Persistent’ offenders are not merely repeat offenders who break the law more than once (or who repeat the same kind of offence): they are those whose repeated crimes cannot, given the character and contexts of their commission, be seen merely as a succession of discrete aberrations in otherwise law-abiding lives; they rather display a pattern of offending, which persists despite regular convictions and punishments.
Desert, Proportionality and the Seriousness of Drug Offences
Authors: Husak Douglas n.
Published: October 2023

Andrew von Hirsch’s central contribution to legal philosophy has been his sustained defense of a desert model of punishment and sentencing. In this chapter I endeavor to apply desert theory and the principle of proportionality to assess the seriousness of drug offences. In section 1, I briefly place the issue of the seriousness of drug offences in the larger context of the ongoing debate about drug policy.
Determinacy, Objectivity, and Authority
Authors: Coleman Jules L , Leiter Brian
Published: October 2023

Since the 1970s analytic jurisprudence has been under attack from what has come to be known as the Critical Legal Studies (‘CLS’) movement. CLS has been joined in this attack by proponents of Feminist Jurisprudence, and, most recently, by proponents of Critical Race Theory. When the battle lines are drawn in this way, the importance of the distinctions between the Natural Law and Positivist traditions are easily missed. Whatever distinguishes Hart from Dworkin, and both from Lon Fuller, matters very little from this point of view, as compared to what (theoretically at least) unites them, and that, according to its critics, is a commitment to the ideals of ‘legal liberalism’.
All or Nothing at All? The Intentions of Authorities and the Authority of Intentions
Authors: Alexander Larry
Published: October 2023

The scene is the town council meeting in Our Town. The proposal on the floor is-yes, you’ve heard this one before-an ordinance that reads: ‘No vehicles are allowed in the park.’ The members of the town council-Alice, Barbara, Charles, David, and Edith-are casting their votes. Alice votes aye. She has been concerned about the safety of pedestrians, especially children, which she believes is jeopardized by the large number of cars, trucks, and motorcycles that now travel through the park.
Three Very Remarkable Nineteenth-Century Lawyers: Lyndhurst, Denman, and Campbell
Authors: Jones* Gareth
Published: October 2023

Brian Simpson has done much to illuminate nineteenth-century legal history. This essay is offered as a modest tribute to a distinguished scholar and a close friend. Its subjects are three lawyers, all born in the late eighteenth-century but who lived well into Victoria’s reign: John Singleton Copley Junior, Lord Lyndhurst (1772-63); Thomas Denman, Lord Denman (1779-1854); and John Campbell, Lord Campbell (1779-1861).
Individual Rights to Environmental Protection in India
Authors: Anderson Michael R
Published: October 2023

Probably more than any other jurisdiction on Earth, the Republic of India has fostered an extensive and innovative jurisprudence on environmental rights. Fifteen years after the onset of public interest litigation, it is now common for lawyers representing environmental claims to tum in the first instance to the terminology of rights rather than the more traditional rules of tort and crime. Not only has the Supreme Court ruled that every individual has a fundamental right to the ‘enjoyment of pollution free water and air’, but it has been willing to resolve complex matters of environmental management according to this test, and has fashioned a series of innovative procedural remedies to accompany the new substantive right. Moreover, in a country where the most serious costs of environmental damage fall upon impoverished and illiterate groups with limited access to the courts, the new environmental right is championed as a legal gateway to speedy and inexpensive legal remedy.
Pedro Juan Cubillo V. Commonwealth Of Australia: Right Result, Wrong Method
Authors: Reece Helen
Published: October 2023

From 1957 to 1958, Pedro Juan Cubillo was a private in the Australian army, engaged in constructing and dismantling atomic explosion test sites and equipment. in 1982, he was diagnosed as having renal-cell carcinoma. About ten years later, he brought proceedings against the Commonwealth of Australia, claiming that his cancer had been caused by ionizing radiation, to which he had been exposed as a result of his employer’s negligence.
What Lawyers Need To Know About Science
Authors: Wolpert Lewis
Published: October 2023

Science is the best way to understand the way the world works. It has had enormous success in explaining physical, chemical, and biological processes, and even the behavioural sciences, though there remain great areas of ignorance. in biology too there are lacunas and uncertainties. Even in the so-called harder sciences like physics and chemistry, while there is much greater certainty that the ideas are correct, there remains in some areas some little room for a little doubt. in part this success is because science is a social process in which there is constant critical evaluation.
Judicial Review and the Rights of Private Parties in EC Law
Authors: Ward Angela
Published: October 2023

Judicial Review and the Rights of Private Parties in EC Law provides a detailed exposition of the rights of private parties when they seek to either enforce or challenge laws emanating from the European Community legal order. The book is the first of its kind in that it compares the efficacy of avenues of legal redress that are available in these two types of litigation. It explains that there is a substantial disjuncture in standards of judicial review-it is significantly more difficult for private parties to obtain an effective remedy when contesting the legality of EC measures, than it is to obtain an adequate judicial sanction when Member State laws fail to comply with lawful EC rules. This revelation in turn funnels into the debate on the legal structure of the European Union and its legitimacy, and more particularly the role of the European Court of Justice in crafting a federal constitutional design. The book concludes with some suggestions for amendment to the EC Treaty which may alleviate some of the tasks presently born by the by the Court of First Instance and the Court of Justice, and assist in justifying the divergence inherent in judicial review as it presently stands. The book will be invaluable to legal practitioners, academics, and students of EC law. It thoroughly and lucidly canvasses the mechanisms available to private parties to activate EC law in order to further the interests, while placing these rules within a ‘constitutional’ context.
Information as a Human Right
Authors: Sedley Stephen
Published: October 2023

We are accustomed to finding that we have been lied to. To insure ourselves against such deceptions we repeat the mantra that we don’t believe everything we read in the newspapers. There have been, and must still be, parts of the world where the reputation of the press is such that people don’t believe anything they read in their newspapers: I recall that in Czechoslovakia in the 1960s nobody believed that United States aircraft were dropping cluster-bombs and napalm on Vietnam because the official newspaper, piquantly named Pravda (Truth), reported daily that they were. Because our experience in the United Kingdom is less uniformly bad, we tend to give initial credence to what we are told. Yet repeated revelations over recent years that people in whom the public pur its trust have been lying not only to the media but to Parliament and the courts have shaken our confidence in our own scepticism.
International Trade Law and Infectious Diseases
Authors: Fidler David P
Published: October 2023

From the beginning of international efforts on infectious disease control, international trade has been at the heart of microbialpolitik. The relationship between trade and infectious diseases is, in fact, much older than the mid-nineteenth century, as illustrated by the channels that trading routes created for the spread of infectious diseases in ancient and medieval times. This ancient relationship between trade and infectious diseases is today receiving new emphasis as the globalization of the trade in food products provides pathogenic microbes with new opportunities to spread. Trade is recognized as a major contributing factor to the emergence and re-emergence of infectious diseases in the late twentieth century.
International Human Rights Law and Infectious Diseases
Authors: Fidler David P
Published: October 2023

Pathogenic microbes have historically caused governments to treat infected individuals, and people suspected of infection, very badly. The human rights aspects of infectious disease control have, however, only surfaced prominently in the last fifteen years because of HIV/AIDS. This chapter analyses the three themes that infectious diseases have generated in international human rights law: (1) the limitations placed on the enjoyment of human rights by public health measures; (2) the development of the human ‘right to health’; and (3) the human rights concerns raised in the HIV/AIDS pandemic.
Central Government
Authors: Edwards Geoffrey
Published: October 2023

As the chapters in this volume suggest, one of the primary concerns of successive British Governments has been the issue of national sovereignty. Certainly, as those chapters show, there have been loud lamentations over loss of sovereignty, particularly parliamentary sovereignty. It might therefore have been expected that the impact of Community membership on central government was profound, that structures and processes were being changed and modified in order to meet the ‘incoming tide’ of legislation from Brussels. Somewhat surprisingly perhaps few non-political circles have discussed the issue.
By-Elections, 1983-1987
Authors: Norris Pippa
Published: October 2023

In by-elections during Mrs Thatcher’s second administration the pattern of greater electoral volatility continued, with about a third of all seats changing hands. Early in the Parliament the elevation of William Whitelaw to the Lords created a by-election in Penrith and the Border. In the immediate aftermath of the general election Penrith proved one of the quieter contests in terms of media attention, attracting minimal press coverage and no published opinion polls. With a comfortable majority of 15,000 in the June general election the Conservatives expected no problems in the by-election just seven weeks later. Penrith should have been natural Tory territory; one of the largest constituencies in Britain, stretching from the Scottish borders to the Pennines and Lakes, heavily dependent on agriculture and tourism.
Discovering the Folk and their Music
Authors: Stokes Martin
Published: October 2023

Folk music in Turkey is considered by its proponents and practitioners to play a specific role in creating a culturally unified and cohesive nation-state. Its practice and performance transforms the individual, transmitting the ideology with which the music is bound up, instilling values of sociality, team-work, competition, and self presentation. It also provides a model of logical, systematic, and rational thinking, a notion which lies at the centre of the Atatiirkian philosophy of the secular regeneration of Turkey. It is a music which is both performed and performative, acting upon the individual and social body. In this it is diametrically opposed to arabesk, which is considered by its detractors to be incapable of doing anything.
Electoral Pacts in Britain since 1886
Authors: Bogdanor Vernon
Published: October 2023

One of David Butler’s greatest gifts is his ability to open up new areas of study for scholarly investigation. He is, of course, the founding father of British psephology, and the study of electoral behaviour in Britain owes an enormous amount to his pioneering work with Donald Stokes, Political Change in Britain, first published in 1969. Yet, precisely because he is so closely identified with psephology, his contribution in other areas has been inadequately recognized. It is, however, David Butler who has opened up the study of Coalitions in British Politics (1978), of Referendums (1979), and of the history of the British electoral system.
Judicial Discretion in the House of Lords
Authors: Robertson David
Published: October 2023

There have been few studies of the Law Lords, and no study of them by a political scientist for more than ten years. This book concentrates on the arguments the Law Lords use in justifying their decisions, and is concerned as much with the legal methodology as with the substance of their decisions. Very close attention is paid to the different approaches and styles of judicial argument, but the book is not restricted to this traditional analytic approach. One chapter applies the statistical techniques Americans call 'jurimetrics' and have successfully used on the US Supreme Court. The main theme is that the Law Lords enjoy and fully utilise far more discretion in their judgements than is normally admitted, and that much depends on exactly which judges happen to hear a case. the second part of the book shows the impact this extreme discretion has had in shaping both public law and areas of civil law.
Conclusion-Legal Argument and Politics
Authors: Robertson David
Published: October 2023

Yet, despite Auden’s tautology, and continuing his poem,’... lawabiding scholars write: law is neither wrong nor right ... Law is the clothes men wear, Anytime, anywhere’, his stanza captures very well the frustration of anyone trying, from outside the profession, to grasp what legal argument is actually about. The frustration comes in equal part because lawyers often seem to accept something like that tautology, but simultaneously to accept Griffiths’ view of English legal development, and not to mind. The debate about the nature of law is, of course, a standard concern of legal philosophy. In the last couple of decades the professional legal philosophers’ debate has largely centred round the Hart

v. Dworkin contrast between law as a system of rules, and law as a collection of principles, with excursions into the idea of law as an autopoietic system.
Power Over Education
Authors: Brand Jack
Published: October 2023

Education in Britain provides an example of an issue which moves between the centre of the stage and a position where there is little interest in it. The debate over comprehensive secondary education was extremely important in the 1960s. Mrs Thatcher’s victory in 1979 was the signal for constant discussion and for a great deal of legislation. Education was thus never entirely neglected as a topic for political debate, but there were times when it took a minor place for back-benchers, as for the whole country.
Estates of Society within the Tribal Peace
Authors: Dresch Paul
Published: October 2023

There are few geographical spaces between tribes. But within tribes there are frequent moral spaces where the logic of opposition is drastically modified, and it is these we shall look at next. In particular, two broad estates of non-tribesmen are recognized as having rights and obligations within tribal territory. The first such estate are the ‘weak’ people (4u’afa’, pl. of cja’if), whom the tribesmen consider beneath them; they either carry no weapons at all or traditionally wore their daggers obliquely to the left, where the tribesmen and shaykhs wear their daggers upright at the centre of the belt.
Social Life
Authors: Alexander Claire E
Published: October 2023

ONE Friday night in November, I accompanied some of the boys on another of their regular ‘boys’ nights out’ in the West End. Having been refused entry to two of their regular winebars, we were walking to a third when we stopped outside an off-licence waiting for Frank, who was looking at video games in a shop, to catch up. We had been standing for less than a minute when the shop-owner ran to the shop door, locked it, and pulled down the metal grille. The incident passed without comment and seemed not to be regarded as an unusual-or, indeed, bizarre-occurrence by any of the boys. Such reactions, reflected also in the common refusal of entry to venues, appeared to be an accepted part of the night’s events. This was despite the fact that all the boys were smartly dressed, neither drunk nor particularly rowdy, and were frequent patrons of the West End bars and clubs. The boys themselves shrugged and claimed that the reactions were not so much racially directed as against the size of the group: although why a group of five black men should constitute such a problem remained unclear and unconsidered.
Black Masculinity I
Authors: Alexander Claire E
Published: October 2023

ABOUT six months into my fieldwork, Dion and Satish split up. This event was not unusual nor unexpected; indeed, the couple had already separated twice since my arrival in July 1990. In each case the reason was the same: Satish’s continual infidelity with the numerous women he met while out with his friends. Satish had moved in temporarily with Clive and his parents, waiting for Dion to calm down and allow him to return to their house and two children. One Saturday morning, Dion asked me to drive her to Clive’s house, so she could give Satish ‘a present’. When we arrived, she handed Satish the ‘gift’-which turned out to be a pair of his dirty socks and a used condom-telling him that, since he preferred being with his friends, he could stay with them permanently. Moreover, if he could have other lovers, so could she-indeed, she already had.
The Integration of Labour? British Trade Union Attitudes to European Integration
Authors: Rosamond Ben
Published: October 2023

Trade unions have always been important players in British debates about European integration. There are two reasons why this should not be surprising. First the economic emphasis of the integration project has consistently held implications for the largely industrial domain populated by unions. The Treaty of Rome and its successors promised a large scale reordering of economic activity with consequent effects for employment. industrial relations, labour law, social policy, and other areas within the immediate reach of legitimate union concern.
British Business: Managing Complexity
Authors: Greenwood Justin , Stancich Lara
Published: October 2023

There is scarcely any doubt that British business, like its counterparts on the Continent, is positive about Europe. It cannot afford not to be. The single market remains at the core of •project Europe’. with over 370 million customers forming the largest home market in the world total direct investment in the EU as a base for external capital to participate in the single market. In the first two decades of British membership the proportion of British exports to the rest of the EU has risen from around one-third to one-half. Investment by UK firms in Europe more than quadrupled from 1986 to 1993, while the UK’s stock of inward investment tripled in the same period (CBI 1995a). Two decades of membership have intertwined the British economy with that of the rest of Europe, while UK firms have, through alliances.
Public Health and Public Hygiene: The Urban Environment in the Late Nineteenth and Early Twentieth Centuries
Authors: Woods Robert
Published: October 2023

Both Gustave von Aschenbach and Dr Bernard Rieux would have known exactly what was meant by public hygiene, and how its breakdown might have disastrous consequences for public health, consequences that were initially disguised by administrative inaction, even duplicity. But in the late twentieth century it is all too easy to take for granted that those conditions which cost Aschenbach his life and the lives of many of Rieux’s friends have been banished once and for all. We now assume that our piped water supply is not contaminated; that sewage is effectively removed from our homes and treated; that food and drink are not adulterated; that streets are paved, lighted, and cleaned. While some people in some places at some times are not able to make these assumptions, for most of us in the industrialized countries at least these elements of environmental quality are guaranteed. The same could not be said of any period before the First World War. Indeed, it would seem that, for many, the rise of great cities during the eighteenth and nineteenth centuries meant deteriorating public hygiene. The securing of public health through public hygiene represents a long and complicated story in which many individuals, organizations, and institutions pllayed prominent roles. Not only is it difficult to see who is responsible for what, but the entire contribution of public hygiene, in relation to other advances, is still open to question.
Macroeconomic Adjustment in Developing Countries
Authors: Corden W Max
Published: October 2023

Beginning with A Critique of Welfare Economics, the famous book that first established his reputation, Ian Little has shown a striking ability to assess ideas on important subjects critically with a high degree of sophistication combined with common sense, and to integrate and present these in a way that makes them accessible to students and the economics profession at large. This is certainly true of his monumental Economic Development.
Trade Policy and Development
Authors: Meier G M
Published: October 2023

The‘neo-classical resurgence’ in development economics, about which Ian Little has written so incisively (Little, 1982), has had its greatest influence as a guide to policies affecting international trade, agriculture, and project appraisal. This chapter concentrates on trade policy. In considering the effects of trade policy on a country’s development, we shall proceed from a summary of the ‘old export pessimism’ and experience with import- substitution policies (Section 1), to assessment of measures for export promotion (Section 2), and the superior performance of outward- orientated economies (Section 3), and finally to a critique of the ‘new export pessimism’ (Section 4). Our modest objective is to synthesize and sum up the essential features of mainstream thought on this subject.
Mirrleesian Optimal Non-linear Income Tax Model
Authors: Tuomala Matti
Published: October 2023

There are two commodities in this model, a composite consumption good, x, and labour service, y, for example, the time spent at work. All individuals have the same preference ordering, which is represented by a cardinal utility function u(x,y). The market buys efficiency labour, not labour time itself, and individuals although they are identical in preferences vary in their productivity ability to supply labour. Every individual possesses a specific ability (=marginal productivity) n. Ability is distributed in the population according to the density function f(n).
Concluding Remarks
Authors: Tuomala Matti
Published: October 2023

Optimal tax theory and the computation of optimal tax rates have continued to be the subject of great interest to economists. Research strategy in this field has been such that the basic Mirrleesian model has been expanded to examine how optimal tax rates and the shape of tax schedules are affected by new considerations. We have tried to follow the same strategy in this book. We have provided a com prehensive survey of optimal income tax literature. Moreover, we have expanded the basic model in a number of directions.
How Large a Public Sector?
Authors: Beckerman* Wilfred
Published: October 2023

There are two good reasons why the desirable size of the public sector is a subject of constant, acute controversy. First, public expenditures—which by no means capture the full impact of the State on the economy—are a large proportion of national product, and the corresponding tax burden affects almost everybody in the community. This applies to every advanced country. As Table 3. I shows, the average share of public expenditures in gross domestic product (GDP) in the (then) ten member countries of the European Community, in 1984, was almost exactly 50 per cent. The British share, at 44.3 per cent, was lower than that of any of the other countries except Greece.
1900-1914: The World we have Lost
Authors: Tomlinson Jim
Published: October 2023

At the turn of the twentieth century public policy on the economy was bounded by three institutions, ‘the three pillars of the anti-collectivist temple’ (Checkland 1983, p. 174)—the gold standard, free trade, and low and balanced budgets. In the period before the First World War these three came under varying degrees of challenge and strain, but, with qualification, they remained the crucial framework for events up to 1914. This chapter must therefore begin with an account of these three pillars of the late Victorian economy.
1931—1939: The Rise of Economic Management?
Authors: Tomlinson Jim
Published: October 2023

In the 1930s all three pillars of the Victorian economic policy regime—the gold standard, free trade, low and balanced budgets—came under enormous pressure. Gold and free trade succumbed, but the status of the budget remained ambiguous. Expenditure was initially cut and then rose rapidly by peacetime standards, but budget balance, with its implications for fiscal policy, survived largely intact. At the same time, government moved falteringly into greater regulation of major sectors of the economy, notably coal, iron and steel, and agriculture. Undoubtedly the British economy in the 1930s became more managed—but the scope, coherence, and significance of that management remain highly controversial, as indeed does much of the economic history of the 1930s.
Introduction
Authors: Lesourne Jacques
Published: October 2023

To the reader curious about the contents of this book, I propose a twofold answer. It is a book with a dual purpose. In the context of economic theory, it strives to bring out a paradigm capable of enlarging the set of interpretable facts, thanks to more pertinent models of interaction among the agents. It is, moreover, not a completed work but a work in the making. Its main objective is to stimulate research which might with time lead to a veritable reconstruction of micro-economic theory. This theory has, during the last half-century, progressed tremendously, thanks to the paradigm of neo-classical equilibrium. But it continues, by the very hypotheses of its models, to eliminate essential questions from the scope of reflection.
Fertility and Household Labour in Tanzania
Authors: Lockwood Matthew
Published: October 2023

This book is a study of human, social, and economic reproduction in Rufiji, a district of coastal Tanzania. It contains two parts, each of which addresses a particular question. In the first half I ask how fertility in Rufiji changed over the twentieth century, and what social and economic transformations were involved. In the second half, attention shifts to one village, Mng’aru, and I examine the influence of household demography on the work patterns of men and women.
Interpretations of Change
Authors: Lockwood Matthew
Published: October 2023

From the 1950s we have evidence of rising fertility in Rufiji, and more generally in the Coast. This was a moderate rise, from a low base, leaving total fertility rates in the 1980s still below those in other parts of Tanzania. Much of this rise is attributable to falls in primary and secondary sterility.
Final Effects on Output: A Simple Macromodel
Authors: Albala-Bertrand J M
Published: October 2023

Theoretically, post-disaster response seeks to compensate society for loss. In reality, however, this response seems primarily concerned not with physical restitution but with the functional compensation of society (see Chapter 1, Sect. 5.). In other words, the revealed aim of response does not appear primarily to be the restitution of capital stocks but the restoration of functioning flows and aggregate performance levels. As opposed to physical compensation, this process is called ̔counterbalance̓.