bluuebunny/crossref_metadata_2025 huggingface dataset:
Typological Research on Actancy: The Paris RIVALC Group
Authors: Lazard Gilbert
Published: November 2023

The purpose of the program called RIVALC ('Recherche interlinguistique sur les variations d'actance et leur correlats') is to investigate, in languages as different as possible, actancy variations, that is, variations of the grammatical relations which link the verbal predicate and the main noun phrases (the actants), and to detect the relevant factors which correlate with these variations, the final aim being, if possible, to reach what are presumably universal invariants.
The St Petersburg/Leningrad Typology Group
Authors: Nedjalkov Vladimir p. , Litvinov viktor p.
Published: November 2023

It was in the early 1960s that the Group for the Typological Study of the Structure of Languages began its work at the Institute of Linguistics of the USSR Academy of Sciences. Professor Alexander A. Xolodovic headed the group. The volume on the typology of causative constructions (Xolodovic 1969) was the first major publication of the group, and it may be taken as an open statement of the 'collective method in typology' in the Leningrad sense.
Dynamics of a Contact Continuum
Authors: Mian-Lian Ho , Platt John T
Published: November 2023

Singaporean English is an indigenized variety of the language which has developed chiefly through English-medium education. The authors of this book investigate the various factors influencing the indigenization of the language and its use in the family and the wider community. They present the results of quantitative research based on recordings of spontaneous speech of ethnically Chinese Singaporeans who have received an English-medium education. They also trace the influence on Singaporean English of Chinese, Malay, and Indian language characteristics, and examine certain linguistic features in detail, such as the formation of plurals, the use of the past tense, and the verb be. This study will be invaluable for linguistic researchers; it also has important pedagogical implications for curriculum planners and language teachers.
Women in Control?
Authors: Heidensohn Frances
Published: November 2023

How far have women progressed in the `unfeminine' career of policing? How far do they want to go and how far will their male colleagues, and the public, let them? Women in Control? breaks new ground by discussing the role of women in relation to controlling crime and disorder. Since the early twentieth century, women have struggled to gain influence in policing, but progressed only slowly until the 1970s, when equal opportunities legislation brought integration and some measure of success. Based on a series of interviews with British and US officers, Women in Control? examines their experiences in dealing with crime, vice, and everyday incidents, and with the hostility and harassment of their male colleagues, and highlights both the role of women in law enforcement in two societies and the importance of gender in social control.
Article 19
Authors: Goldrick Dominic Mc
Published: November 2023

Freedom of opinion and expression have been important concerns at the United Nations since its inception.2 In 1948 the UN convened a Conference on Freedom of Expression which prepared, inter alia, a draft Convention on Freedom of Expression.
The Common Law and English Jurisprudence 1760–1850
Authors: Lobban Michael
Published: November 2023

In this book, Michael Lobban argues that a proper understanding of English law and jurisprudence in the period is needed to clarify the nature of common-law practice and the way in which it was envisaged by its practitioners. He questions some commonly-accepted views of the nature of the common law itself and argues that attempts - notably those by Blackstone and Bentham - to expound or to criticize common law in essentially theoretical terms were mistaken. His approach is not a philosophically-based one, but he is concerned with the evolution and spread of judicial ideas which were grounded upon the work of moral and political philosophers, and makes a valuable corrective contribution to our historical understanding of a critically important period in legal history.
The Principle of Utility and the Criterion of Moral Judgement
Authors: Kelly P J
Published: November 2023

In addition to providing the basis of Bentham’s psychological theory, the ‘two sovereign masters’ of pleasure and pain also provide the foundation of his moral theory. Thus he wrote: ‘It is for them alone to point out what we ought to do, as well as to determine what we shall do.’ This chapter is concerned with Bentham’s principle of utility which is built upon the concepts of pleasure and pain.
Synthesis
Authors: Gordley James
Published: November 2023

Asynthesis between Roman law and Aristotelian and Thomistic moral philosophy was finally achieved in the sixteenth and early seventeenth centuries. It was part of a larger intellectual movement: the revival of Thomistic philosophy.’ The movement began in 1503, when a professor at the University of Paris named Pierre Crockaert underwent an intellectual conversion. He rejected the nominalist philosophy of William of Ockham in which he had been educated and turned to that of Thomas Aquinas. He joined the Dominican order to which Thomas himself had belonged. In 1512 he published a commentary on the last part of Thomas’s Summa theologica with the help of his pupil Francisco de Vitoria. Vitoria returned to his native Spain where, as a professor at the University of Salamanca from 1526 until his death in 1546, he founded the so-called Spanish natural law schoo1. He publish. d nothing himself, and his ideas are known only through the handwritten notes of his lectures that have survived. Nevertheless, he trained scores of highly influential pupils. Among them were the jurist Diego de Covarruvias (1512-77) and the theologian Domingo de Soto (1494-1560), the latter a fellow Dominican who had been his pupil in Paris and became his colleague in Salamanca.
The Settlement Of Disputes In International Law
Authors: Collier John , Lowe Vaughan
Published: November 2023

For many years it was said that the weakness of international law was the lack of a system for the enforcement of legal obligations. Commentators pointed to the paucity of cases in the International Court and the unwillingness of States to undertake binding obligations to settle their disputes. This position has now changed beyond recognition. The number of international tribunals has increased and many of them, such as ICSID and the International Court of Justice, are busier than at any time in their history. Increasingly, the classical procedures of diplomatic protection are circumvented as corporations and individuals litigate in their own right against States in international tribunals. This book surveys the range of procedures for the settlement of international disputes, whether the disputes arise between States or between States and corporations or individuals. The first part of the book examines non-judicial procedures such as negotiation, mediation, fact-finding, as well as judicial procedures. Among the tribunals covered are ICSID, the UNCC and the Iran-US Claim Tribunal, the WTO disputes panels, ad-hoc inter-State and international commercial arbitral tribunals and the International Court of Justice. In the second part of the book the emerging principles of procedural law applied in these tribunals are discussed. Here the authors go through the entire settlement process from the agreement to submit to a settlement procedure and the constitution of the tribunal, through to the determination of the law applicable to the merits and to the procedure of the tribunal, to the review, and ultimately the recognition and enforcement of tribunal awards.
Masculinity and the British Organization Man since 1945
Authors: Roper Michael
Published: November 2023

The post-war period is often regarded as a time when Britain underwent its managerial revolution, the family firm and the "gentleman amateur" giving way to the large bureaucracy and the trained management expert. Yet the conception of modern management as an objective process could hardly be further from the truth. Drawing on detailed life-history interviews with the post-war generation of "organization men", this study explores the intimacies that operate among men in management. It argues that despite the rise of professional management, relations between managers continue to function in highly subjective ways. The pleasure of technical innovation or of seeing a new product through to the market, the mixture of rivalry and patronage that surrounds management succession, the hard bargaining of industrial relations: at every level, managerial functions involve the dramatization of emotions among men. By challenging the enduring myth of the rational organization man, this book sheds new light on gender segregation in management. It argues that the exclusion of women from senior positions cannot be understood simply as the outcome of unprofessional practices. A focus on the emotional relations between male managers reveals the psychic dimensions of exclusionary behaviour. An "emotional economy" flourishes among men in management, but its workings have been hidden by the myth of the rational organization man.
‘Entertainment for Men’: What It Is and What It Means
Authors: Itzin Catherine
Published: November 2023

In the USA in 1984 the pornography industry grossed $8 billion, said to be more than the music and the movie industry combined. Six of the ten most profitable newsstand monthlies were ‘male entertainment magazines’ and the combined circulation of Playboyand Penthouse was greater than Time and Newsweek. Pornography is an international industry with an estimated worldwide value of several billion pounds. Midwest Content Analysis: Playboy, Penthouse, Hustler In 1985 an organization in the USA called Organizing Against Pornography put together an educational slide show entitled Pornography: A Practice of Inequality. It aimed to inform people about what pornography was available, what it communicated about women: to explain its meaning.
Pornography and Addiction: A Political Issue
Authors: Sweet Corinne
Published: November 2023

Three heterosexual men interviewed on BBC Radio 4’s Woman’s Hour described how early exposure to pornography had influenced their lives.1 They had all first come across it when young (seven, nine and thirteen years). They had found it through friends, home, school or public places and all still felt profoundly affected by it, although now in their thirties. One man said: ‘The important thing is that the pornographic images burn themselves into your brain and they pop up or you can replay them inside your head whenever you want to. These pornographic images are so powerful that they’re always filed away ready for use.’ The most difficult ‘after-effects’ were how the early exposure to pornography had shaped their perception of women and women’s sexuality and, also, how it had impacted on their own developing sexualities and relationships. In youth they had ‘innocently’ imbibed these pornographic messages as the ‘truth’ about women, sex and sexuality. Although in adulthood they each had become ‘conscious’ of how sexism is constructed and perpetuated, all still experienced ‘gut’ responses to women and pornography which they believed came from their early exposure to it: ‘I used to vehemently regret it in my early twenties, because I felt I had missed out on a whole era of innocent exploration ’.
The Effects of Violent Pornography, Nonviolent Dehumanizing Pornography, and Erotica: Some Legal Implications from a Canadian Perspective
Authors: Check James V P
Published: November 2023

Until about the mid-1970s, the pornography question for the most part centred around the moralistic issue of whether or not the distribution of sexually explicit materials per se would have a tendency to adversely affect the viewer (see e.g. Commission on Obscenity and Pornography, 1970). Moreover, the implicit assumption underlying this ‘negative effects’ hypothesis was that there was something immoral or antisocial about sexuality, and therefore about the public display of sexuality. In the past fifteen years, however, several important changes have taken place in various countries around the world, changes which have had a profound effect on the pornography debate. Perhaps the most important of these is the fact that contemporary researchers currently tend to focus much more on the social content of pornography rather than on the sexual explicitness of these materials. It is the purpose of this chapter to document the profound effect that this change has had on the ‘pornography effects’ debate, with particular reference to Canadian obscenity laws.
A Legal Definition of Pornography
Authors: Itzin Catherine
Published: November 2023

Pornography is an industry which manufactures and markets a very profitable product. The people who make it, sell it, buy it and use it know exactly what pornography is, but the belief has been fostered that it is somehow indefinable and that defining it for purposes of legislation would be difficult or impossible. ‘I can’t define pornography, but I know it when I see it,’ said a US Supreme Court judge. The challenge certainly has been how to formulate a legal definition which includes only pornography. But once removed from the moral realm and placed in the context of structures of power, pornography is not inherently indefinable. The task – of looking and describing what exists – had just not, until recently, been undertaken, arguably because no one wanted it done.
Pornography and Civil Liberties: Freedom, Harm and Human Rights
Authors: Itzin Catherine
Published: November 2023

Some of the fiercest resistance to campaigns against pornography as a women’s issue has come from civil libertarians who express concern about censorship. Free speech is certainly a fundamental human right, and political and sexual censorship is a genuine concern. During ten years of Conservative government in the UK, for example, ‘civil liberties have not just been eroded; they have been deliberately attacked and undermined’. According to Peter Thornton, writing on behalf of the National Council for Civil Liberties: ‘The state has increased its own power at the expense of individual freedom ... the government has taken away basic rights in order to stifle legitimate protest ... has strengthened the power of servants of the state and reduced their accountability ... has created a climate of intolerance with institutional prejudice and discrimination’, and has imposed the greatest ever peacetime controls on broadcasting.
The Role of the Corporate IT Function in the Federal IT Organization
Authors: Hodgkinson Stephen L
Published: November 2023

The organization, or reorganization, of IT activities is a perennial item on the agendas of the CIOs of large companies as they seek to ensure that their IT functions are aligned with an ever-changing business and technology environment. Consider these examples: —The furniture group Silentnight created a new IT organization in 1990. Previously, each of the group’s subsidiaries had an autonomous IT function, with no standardization or co-ordination of effort across the group. Management recognized that this approach failed to realize economies of scale and synergies between subsidiaries that were fundamentally quite similar—and led to much re-invention of the wheel and wasted effort. A central IT management group was created, tasked with formulating group-wide IT policy, standardization of IT purchasing, and the development of common core business systems.
Project Management: Lessons From IT and Non-IT Projects
Authors: Morris Peter W G
Published: November 2023

Information technology projects have a notorious reputation, in many respects justly deserved. Information technology touches us all, increasingly. We are seduced with the benefits that IT will bring but are often disappointed with delays in implementation, with costs which exceed budgets, and with poor operating performance. The record of some large information technology projects has been very bad and the consequences to the businesses which have come to rely on information processing for their operations can be enormously damaging. Why do information technology projects have this poor reputation? Is it that IT projects are inevitably more difficult to manage? Or is it that those working on IT projects are in some primitive state of ignorance of the benefits that project management can bring them? The answer ought not to be the latter. It is often not recognized in fact that information technology was one of the pioneering industries in the development of project management and has remained at the forefront of the discipline throughout the years since its development.
The Project Champion
Authors: Beath Cynthia Mathis
Published: November 2023

The literature on strategic uses of information technology (IT) suggests that a very important, if not the most important, antecedent to a successful implementation of a strategic information system is a ‘champion’ for the new system (Runge 1985; Lockett 1987; Vitale and Ives 1988). We consider IT champions to be managers at fairly high levels of the organization who take on the responsibility for shepherding an IT innovation project through the development process. Champions are more than leaders and they are different from sponsors. Sponsors have the funds and authority to accomplish their goals (Vitale and Ives 1988). Champions, on the other hand, bring about change in their organizations in spite of having less than the requisite authority or resources. They push, they overcome resistance to change, they remove impediments to progress. In the end, they are usually seen as having been necessary to the success of the project, but the methods by which they achieve success sometimes run roughshod over organizational norms.
The Hybrid Manager
Authors: Skyrme David J
Published: November 2023

The challenges facing organizations in the l 990s require the skills of a special kind of manager—the hybrid manager. A hybrid manager is someone who blends the skills of information management and business management. Although the need for such people has been recognized for several years, the topic has only recently come into vogue. This is due to the growing evidence that hybrid managers can make a significant contribution to an organization’s success. This chapter starts with background on the concept of hybrid managers and why they are needed. Their contribution in different areas of information management activity is then described. This is followed by a discussion of the competences that they require and how they can be developed. Finally, a framework is offered which puts hybrids in their wider organizational context and helps identify factors for performance improvement.
The Myth of Discretion
Authors: Baumgartner M P
Published: November 2023

In the traditional view, legal officials who exercise discretion in the performance of their duties act ‘according to the dictates of their own judgment and conscience, uncontrolled by the judgment and conscience of others’ (H. C. Black 1968: 553). As individuals, they consider the unique features of the cases they handle and choose responses that reflect the special circumstances they encounter as well as their distinctive characters and inclinations. The result is a flexible justice in which outcomes are tailored case by case, but also one in which a significant measure of unpredictability prevails. In following their own sense of what is best in each instance, officials often treat technically similar cases in dissimilar ways.
Supergrasses
Authors: Greer Steven
Published: November 2023

In the first half of the 1980s a succession of high profile and deeply controversial trials took place in Northern Ireland on the evidence of `supergrasses' from loyalist and republican paramilitary organisations prepared to betray large numbers of their former alleged confederates in return for immunity from prosecution or lenient sentences and new identities outside Northern Ireland. This, the first thoroughly-researched book-length study of this process, not only carefully documents the central trials - some of which were larger than any other criminal proceedings in the UK or Ireland - but also opens a rare window on the highly secret world of the terrorist groups concerned. The origins of the supergrass system are traced through the complex web of intelligence gathering and counter-terrorist policy in Northern Ireland, and the broader criminal justice and criminological issues are fully explored. The author also compares and contrasts the failure of the supergrass experiment in Northern Ireland with its much more successful counterparts in England, the United States, Italy and Germany, and considers why France and Spain chose not to go down the supergrass path. The publication of this book could hardly be more timely. Northern Ireland is once again at the top of the political agenda in the United Kingdom and Ireland, and the recent ceasefires have ensured that the Troubles are the focus of renewed international attention. The need for strong due process rights in the criminal justice system as part of an overall settlement of the Ulster conflict is firmly underlined, and the study adds further support to the case for more effective mechanisms of public accountability over policing and intelligence-gathering in liberal democracies generally.
Suing Judges: A Study of Judicial Immunity
Authors: Olowofoyeku Abimbola A
Published: November 2023

Judicial errors, deliberate or otherwise, often cause damage to litigants. Sometimes the damage suffered by the litigant is irreversible. In England and many other common law countries the injured person will normally have no redress because of the privilege of immunity from suit enjoyed by judges. This result also normally follows when the complaint is against the actions of someone acting in a quasi-judicial capacity. The situation then raises a number of questions, including questions about civil rights, the redress of wrongs, and the whole foundation of judicial independence. As more people resort to the courts and other judicial tribunals for the resolution of their disputes the question of the proper approach to injurious judicial errors becomes more important, especially since every participant in judicial proceedings is a potential victim. This book presents an in-depth study of the substantive, procedural and theoretical issues that arise when a judge is to be sued. The material is drawn mainly from English and American Federal case law. The study however also incorporates some Canadian, Australian and New Zealand case law.
The Rights of Peoples (In Particular Indigenous Peoples)
Authors: Falk Richard
Published: November 2023

One of the earliest tensions in classical international law is between the territorial sovereignty of governments and the status of individuals and groups as beneficiaries of human rights. As the emphasis on natural law rights was superseded by the mid-nineteenth century by a stress upon the consent of governments, the tension tended to be resolved in favour of the State. To some extent, the growth of an international human rights law in recent decades has challenged this deference to governmental supremacy. Since World War II there has been a steady growth of legal standards applicable to governmental conduct toward its own permanent residents, whether citizens or not, and a clamour by human rights organizations and by an array of international organs for their implementation.
The Kenyan Bill of Rights: Theory and Practice
Authors: Ghai Yash
Published: November 2023

I propose to examine the provisions of the Bill of Rights in the Kenyan Constitution and to assess its impact on policy and practice of the Government and other public authorities. The aim is to see how far the Bill has been instrumental in securing the rights and freedoms guaranteed under it. My conclusion is that the Bill has had almost no impact on the constitutional, legal and administrative systems. I then offer an explanation for the ineffectiveness of the Bill in terms of the specifics of the Bill as well as the political economy of the Kenyan state. I conclude by examining, through this review of the Kenyan experience, the role of formal legal and constitutional provisions in securing fundamental rights and freedoms in post-colonial African states.
Wills, Inheritance, And Families
Authors: Finch Janet , Hayes Lynn , Mason Jennifer , Masson Judith , Wallis Lorraine
Published: November 2023

The Issue of how assets are distributed after death is of increasing significance for larger numbers of people. In this original and path-breaking study, the authors examine the principle means through which people plan to dispose of their assets after death: by the use of wills. By offering an empirical study of 800 English wills, the book identifies significant patterns of bequeathing among a cross-section of the population, and not just among those sections of society who enjoy substantial wealth. This leads us to focus upon what wills tell us about the family and kin relationships, and upon how people transmit their assets across generations: to their families and to institutions and organizations.
Can Prisons Be Legitimate?
Authors: Sparks* Richard
Published: November 2023

This paper seeks to follow some of the twists and turns of recent penal discourse, especially those official rhetorics which support the marketization of the system as a principal means of addressing its problems. I contend that there is a deeply vexed, but generally unarticulated, problem that haunts most discussions of prisons, prison disorders, and other aspects of penal politics, whether these spring from ‘official’ or ‘radical’ perspectives. This is what has long been known to sociologists and political theorists as the problem of legitimacy. It is a problem whose practical, theoretical, and normative dimensions need to be much more carefully and patiently examined than is currently usual in penal debates. I want to suggest that in pausing to consider the problem of legitimacy directly, rather than obliquely and implicitly as is more often done, we may be able to organize and attain a critical point of purchase upon a number of otherwise confusing and apparently discrete recent developments.
The Philosophy and Politics of Punishment and Sentencing
Authors: Bottoms Anthony
Published: November 2023

The preliminary information brochure for the Colston International Sentencing Symposium set out very succinctly some key features of the context in which the Symposium was held: All of the factors listed in this quotation have been influential, to a greater or lesser extent, in most Western countries at some point during the last three decades. However, as the various national case-studies prepared for the Colston Symposium very well illustrate, the details of the response, in terms of sentencing policy, have been quite varied.
Privacy
Authors: Michael James
Published: November 2023

Although ‘privacy’ may be a value common to most societies (making allowances for the very different kinds of activity and information it is attached to), its recognition as an enforceable right in various legal systems has been relatively recent. The French Declaration of the Rights of Man and the Bill of Rights in the Constitution of the United States both have fairly specific declarations of the right to freedom of expression, but no equivalent general statement of the right to privacy. In cultural terms, privacy has been defined as the desire of individuals for solitude, intimacy, anonymity, and reserve. As a description of private-law rights (not necessarily limited to the United States) the formulation by Dean Prosser of privacy into four torts of intrusion, presenting an individual in a ‘false light’, disclosure of embarrassing private facts, and appropriation of a name or likeness is useful. An important distinction must be made between such private-law rights of privacy between persons (and against, although not on behalf of legal persons, on the sometimes controversial assumption that privacy is a right of human personality and not one enjoyed by legal persons such as companies), and fundamental rights of privacy against the state.
The Rights of Minorities
Authors: Thornberry Patrick
Published: November 2023

Minority rights in international law have re-emerged as a category right in the context of a broadly universalist scheme of rights for all human beings. The immediate post-war antipathy to minority rights, generated in part by the experience of the League of Nations, led to the omission of specific minority rights from the UN Charter and the Universal Declaration of Human Rights. The UN General Assembly considered nevertheless that the Organization ‘cannot remain indifferent to the fate of minorities’ which suggested that the case for a category of minority rights had not fallen out of consideration. The Commission on Human Rights established a Sub-Commission on Prevention of Discrimination and Protection of Minorities at its first session.
In Restraint of Tort
Authors: Stapleton Jane
Published: November 2023

One approach to the task implied by the daunting title of this seminar is to try to prophesy in which areas tort liability will contract or atrophy and in which areas it may develop substantially. Another strategy, and the one which commends itself to me, is to examine some of the analytical processes by which liability issues are now handled with a view to suggesting how they may be improved so that real concerns already imbedded in the law may be made manifest and outcomes may be made less anomalous than at present. An attempt is also made to tease out some of these concerns although a full exposition of them must be left to another time.
Rights of Custody
Authors: Beaumont Paul R , Mceleavy Peter E
Published: November 2023

If one starts from the premiss that wrongfully removed or retained children should ordinarily be returned to the place of their habitual residence, one must first determine how to qualify what constitutes a wrongful removal or retention. This is set out in Article 3, which states that a removal or retention will be considered wrongful where it is in breach of actually exercised custody rights:The drafters and subsequently judicial and administrative authorities have sought to avoid potential lacunae by seeking to give a wide interpretation to custody rights.1 However, ‘success’ is not merely limited to ensuring that all children subject to a unilateral removal or retention fall within the terms of the Hague Convention. Rather, in any abduction case there are competing claims: those of the abductor, the left-behind custodian, the child, and potentially the claims of other individuals involved in the upbringing of the child.
The Necessity of a Unitary Law of Tracing
Authors: Birks Peter
Published: November 2023

In an important recent judgment, Millett LJ urged that nothing be done to exacerbate the continuing duality of our tracing rules. Although there was in his view ‘no merit in having distinct and differing tracing rules at law and in equity’, he thought that it was probably inevitable that some differences would persist. The best we could hope for, therefore, was that the differences be kept to an absolute minimum. This essay suggests, more optimistically, that we must recognize that there is only one tracing regime and that this can be done without much difficulty and without legislative intervention.
Social and Economic Rights
Authors: Villiers Bertus De
Published: November 2023

The inclusion and protection of social and economic rights in a Bill of Rights is one of the main issues in dispute not only in South Africa but also in a range of other countries. In the South African debate there has been growing consensus since the early 1990s that a justiciable Bill of Rights should be included in a new Constitution. It has, however, not been that easy to reach agreement on the contents of such a Bill of Rights. It is especially with regard to social and economic rights that major differences have arisen between the various parties. The contents of the Bill of Rights with regard to social and economic rights as put forward by these parties depended on their respective philosophical approaches to the role of the state in a future dispensation. Those parties that advocated limited state powers were largely opposed to the inclusion of wide-ranging social and economic rights, while those in favour of extensive state powers supported the inclusion of such rights in the Constitution.
The Constitution After Scott
Authors: Tomkins Adam
Published: November 2023

This book provides a thorough and authoritative account of the constitutional implications of the Scott report. It is the only book-length treatment of this pivotal Report. The Scott report was established by John Major in 1992 to look into British government policy during the 1980s with regard to trade (including the arms trade) with Iraq and to establish whether the Government had lied to Parliament about its policy. Scott also investigated a number of high-profile and controversial criminal prosecutions which the government brought against several companies that were accused of illegally exporting "defence equipment" to Iraq. All of these cases failed. This book does more than merely relate the Scott story. It offers a full analysis of what the report means for the future of constitutional government, and constitutional reform, in Britain. Issues of lying to Parliament and ministerial responsibility; of the regulation and control of the civil service; and of open government and freedom of information are all reappraised in the light of Scott's discoveries. Central questions of secret intelligence and troublesome "public interest immunity certificates" are also considered. Unusually for a political scandal, Scott was not an exclusively national affair affecting only one country. There was a little-known equivalent to the Scott inquiry in the USA, and the lessons of the US experience are also discussed here - for the first time in Britain.
Rescuing Business
Authors: Carruthers Bruce G , Halliday Terence C
Published: November 2023

Corporate bankruptcy is a defining characteristic of the market economy. It encapsulates the fundamental conflicts between capital and labour, owners and managers, debtors and creditors, the state and the market. Yet, with one or two notable exceptions, the political and social dynamics of bankruptcy law and practice have been overlooked by serious socio-legal scholars. This book remedies that neglect. Adopting an approach that compares English and American law, the authors identify the underlying political forces that established corporate bankruptcy law on both sides of the Atlantic. The book demonstrates how, by a recursive loop of professional self-interest, corporate insovency regulation is the creation of the lawyers who interpret and administer it. This book will be welcomed as an important sociological study and advances our understanding of how substantive law results from conflicts among the professionals who help to create it.
Policing as Social Discipline
Authors: Choongh Satnam
Published: November 2023

This book challenges the traditional idea that policing is the first stage in a criminal justice process, in which the police use their powers of criminal investigation to feed cases into the legal process for authoritative legal resolution. The author argues that the political space allowed to the police on the streets and in the police station allows them to pursue a different agenda of social discipline, targeted at certain sections of the community. This alternative perspective provides new sociological insights into the use of police powers in modern society. The book examines the fairness of police processes by using empirical data to analyse the impact that such powers have on the lives of those who regularly become the objects of police attention.
Duty of Care Factors: a Selection from the Judicial Menus
Authors: Stapleton Jane
Published: November 2023

One of the many great qualities of John Fleming’s masterpiece, The Law of Torts, is its ability to unmask the apparently formulaic reasoning of judges and reveal the real concerns motivating judgment in this notoriously open-textured field, once aptly described as law’s most patent experiment in ‘applied morality’.
Rylands v Fletcher, Negligence, and Strict Liability
Authors: Schwartz Gary T
Published: November 2023

For twenty-eight years John Fleming and I were colleagues within the University of California. He, however, was at the University’s Berkeley campus, 500 miles north of the Los Angeles campus where I teach. Despite this distance, over the years the support I received from John was very important to me, and very gratifying. (John, about a generation ahead of me, was already a scholar of international renown when I began at UCLA.) John’s death in September 1997 has impoverished the University, just as it has impoverished the academy of tort scholars worldwide.
The Smoking War and the Role of Tort law
Authors: Sugarman Stephen D
Published: November 2023

In the forty years between the first edition of Fleming on Torts and the completion of the ninth edition, products liability law has come of age. In country after country, the number of product liability cases has grown enormously. The quantity of academic writing about product liability has exploded. The law now provides compensation for injuries in ways that would have astounded torts scholars in the 1950s. Doctrinally, ‘strict liability’ for product injuries is said to have taken over centre stage, at least in the United States.
The Oldest Social Science
Authors: Murphy W T
Published: November 2023

This book looks critically at some of the underlying assumptions which shape our current understanding of the role and purpose of law and society. It focuses on adjudication as a social practice and as a set of governmental techniques. From this vantage point, it explores how the relationship between law, government and society has changed in the course of history in significant ways. At the centre of the argument is the elaboration of the notion of `adjudicative government'. From this perspective it is argued that the relationship between law and society must be conceived in a different way in the era of economics, sociology and statistics. The impact of these disciplines both constitutes `modernity' and unfolds a different role for law. The author argues that the traditional vision of the role of law, rooted in a complex set of hierarchical assumptions, is no longer adequate.
Naval Weapons Systems and the Contemporary Law of War
Authors: Busuttil James J
Published: November 2023

This book provides the first comprehensive critical analysis of the regulation of naval weapons during armed conflict. It examines the experience this century with the use of naval mines, submarines and anti-ship missiles, the three main naval weapons. The sources of international law relevant to an assessment of the law, that is the extant conventions, state practice, military manuals, war crimes prosecutions, and the opinions of publicists, are each extensively examined so that a clear picture of the law emerges. The book examines the impact of agreements drawn up in peacetime on wartime conduct and focuses on the growth of law through customary practice. While stating the law as it is today, it also provides suggestions for the practical development of the law.
Citizenship, Fundamental Rights, and Public Services
Authors: Picard Etienne
Published: November 2023

Although at first sight they might seem unconnected, citizenship, fundamental rights, and public services are actually three closely interdependent concepts which are nowadays merging increasingly into each other. In fact the notion of public service, as it may be interpreted in Europe today and as it has long existed in France, flows fairly directly from a certain conception of fundamental rights. It also derives from a renewed conception of citizenship, which has evolved considerably over the years, albeit more in mental attitudes than in positive law itself. Similarly, the notion of fundamental rights is still a fairly recent one in France: only now is it beginning to receive recognition in legal texts, as also in case law and legal theory.
Justice and Reform: A Quarter Century Later
Authors: Johnson Earl
Published: November 2023

In 1973, a quarter century ago, I completed a history of the early years of America’s first government programme supplying lawyers to poor people in civil cases, Justice and Reform: The Formative Years of the OEO Legal Services Program.
The Decline of the Legal Services Corporation: ‘It’s ideological, stupid!’
Authors: Kilwein John
Published: November 2023

In the run-up to the 1992 American presidential election between incumbent George Bush and challenger Bill Clinton, Clinton campaign advisor James Carville was asked to explain the surprising success of his boss. After all, the campaign had highlighted Bill Clinton’s past problems with marital infidelity and his avoidance of the draft during the Vietnam War, just one of which would have normally doomed a presidential candidate to defeat. The Bush campaign was baffled that its candidate was not connecting with the electorate, given his leadership during the Gulf War, his stable marriage, his past service in the military, and his conservative position on the moral and ideological issues that had been used in the past to appeal to a generally conservative American electorate.
Can Community Clinics Survive? A Comparative Study of Law Centres in Australia, Ontario and England
Authors: Zemans Frederick H , Thomas Aneurin
Published: November 2023

This Chapter grows out of the authors’ research into contemporary developments in legal aid in Canada and the international environment. It focuses particularly on community clinics and their equivalents in Australia, Ontario and England. All three jurisdictions have adapted the American store-front legal clinic model to the needs and legal cultures of their society.
Studying the Emerging Workforce
Authors: Blanck Peter , Schartz Helen A
Published: November 2023

Although there is great diversity of definitions, causes, conditions, and consequences of discrimination against persons with disabilities in employment and other aspects of daily life, there are fundamental themes that unite countries in their pursuit of policies to improve the social and economic status of persons with disabilities. The premise of this chapter is that comparative research is crucial to identifying individual, organizational, cultural, attitudinal, and legal themes necessary for the effective development of disability employment policies.
Consequences in Judicial Reasoning
Authors: Cane Peter
Published: November 2023

In his book Legal Reasoning and Legal Theory Neil MacCormick argues that in cases where deductive arguments cannot justify judicial decisions, courts do, and may properly, deploy non-deductive arguments, based on the ideas of consistency, coherence, and consequences, in fashioning a rule or principle of law to resolve the case. MacCormick gives various examples of’consequence-based reasoning’. One involves reference to decisions which would have to be given in other cases if a particular ruling were given in the instant case. For instance, the ‘where-will-it-all-end’ argument points out that ifliability is imposed in this case, logic or justice will require that liability be imposed in all sorts of other cases as well. A second example given by MacCormick is the argument used by Marshall CJ in Marbury v. Madison to the effect that not to allow judicial review of statutes would be to ‘subvert the very foundation’ of the Constitution. Thirdly, MacCormick cites the argument that making a particular ruling would lead the court outside the proper bounds of the judicial function.5 Yet another example would be the argument that abandoning a ‘brightline’ rule in favour of a more flexible principle would generate undesirable uncertainty in the law.
On the Relationship Between Corrective and Distributive Justice
Authors: Perry Stephen R
Published: November 2023

Distributive justice is concerned with the just distribution of material resources, income, other forms of wealth, and perhaps certain other goods within a society. Corrective justice is concerned with the moral duty of repair, meaning the moral duty to pay compensation, that one individual can come to owe another as a result of having harmed him. In this essay, I inquire into the relationship between these two principles. More particularly, I ask whether corrective and distributive justice are independent principles, or whether they are related in either a conceptual or a normative sense. One common view is that corrective justice requires a prior distribution of entitlements upon which to operate, and that its purpose or point is to maintain that distribution; for that reason, it is regarded as both conceptually and normatively ancillary to distributive justice. Another, less common, view holds that corrective and distributive justice operate on quite distinct kinds of entitlement, and hence are conceptually and normatively independent of one another. The position I defend is that corrective justice is a general moral principle that is concerned, not with maintaining a just distribution, but rather with repairing harm. Individuals can be harmed in a number of different ways, and corrective justice accordingly protects a number of different kinds of interest and entitlement. Distributive justice often contributes to the legitimacy of an entitlement that corrective justice protects, and in that sense there is a normative connection between the two. But corrective justice does not protect the entitlement qua distributive share, and its purpose is not to maintain or preserve a distributive scheme as such. Rather it protects a legitimate entitlement because interference with the entitlement harms the entitlement-holder. In that sense, corrective and distributive justice are conceptually independent.
Private Enforcement Of Antitrust Law In The Eu, Uk And Usa
Authors: Jones Clifford A
Published: November 2023

This book provides the first detailed examination of how private individuals and companies can enforce their rights under competition law against other private parties in the EU and UK. It provides a comprehensive analysis of the legal basis for private antitrust enforcement both under EC and the new UK law, and of the available procedures and remedies. The book then goes on to systematically survey all of the key issues of law and practice that arise in private antitrust litigation in the USA, such as locus standi, antitrust injury, methods of proof of damage, types of damage for which compensation is recoverable, and the principles of antitrust damage calculation. In each case, the author draws upon his experience of such litigation as a practitioner in the USA to set out detailed practical conclusions as to how the same issues should be addressed in the EU and UK.
Introduction
Authors: Birnbaum Pierre , Leca Jean
Published: November 2023

A spectre is haunting the West’s intellectuals — the spectre of individualism. Individualism has, indeed, many spectral qualities: indeterminate shape, evocative power, and a myriad of other qualities attributed to it and which allow it to take many forms on a scale which ranges from benevolence to terror according to perceptions of it. Perhaps the most important quality ascribed to it when it appears (or reappears) is its power of annunciation: annunciation of historic changes which have taken place or are in the making, and which will shake the fragile foundations of our knowledge and our existence. Hence its incantatory use by visionaries, who are usually more concerned with invocation than with understanding. Conversely, it is the spectral quality ascribed to individualism which tempts many to refute it without due consideration or to reduce it to a ‘pre-notion’, or else to abandon it altogether to ideologues and (false) prophets.