bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Relation between Criminal and Social Justice
Authors: Bazelon David L. 
Published: June 2019

Crime has become a major focus of public attention in the United States. Not white collar crime like embezzlement or tax fraud, nor crimes of passion, nor even the organized crime of professional gangsters. The public is gripped by newspaper accounts of crimes which endanger the physical safety of the population: robbery, housebreaking, assault, rape, and murder. Preoccupation with crime pervades every level of discussion; indeed, when Senator Goldwater made “crime in the streets” a major issue in his ill-fated campaign for the Presidency in 1964, he touched upon a nerve that is very raw in many Americans. Today, Truman Capote's In Cold Blood, a remarkable account of an apparently senseless robbery and murder, is storming the best-seller lists in our book stores.After my sixteen years on the bench, it seems to me that it is usually not difficult to identify the class from which perpetrators of urban crimes of violence come. Almost all of the persons accused of this category of crime come from the bottom of society's barrel. They are the ignorant, the ill-educated, the unemployed, and often the unemployable. In a society which prides itself on opportunity and wealth, they have been brought up in terrible poverty. Few of them have had the advantage of what we call a moral upbringing. Because they lack education and skills, they are virtually excluded from the advantages of our economic and cultural life. Many of them are subjected to the grinding humiliation of racial discrimination. In the big cities, they no longer share the roots and traditions which may make rural poverty bearable. On every side, society holds out promises which, for them, are never kept; symbols of success which, for them, cannot be obtained.
The Impact of the New States on International Law
Authors: Green L. C. 
Published: June 2019

There has been a growing tendency since the establishment of the United Nations in 1945 to differentiate general international law from the law of international organization. If one were to accept this bifurcation it would be necessary to deal with the impact of new States under two distinct rubrics. For the purpose of this paper it is more convenient to make no such distinction, but to deal with the effects of the creation of more than fifty new States since the end of the Second World War on international legal relations at large.One of the paradoxes of international law is that its binding authority rests to a great extent upon the consent of those it purports to bind. This consensual basis of international law finds expression in the judgment of the World Court in theS. S. Lotus:“The rules of law binding upon States emanate from their own free will as expressed in conventions or by usages generally accepted as expressing principles of law and established in order to regulate the relations between these co-existing independent communities or with a view to the achievement of common aims.”
Israel's Acceptance of the Compulsory Jurisdiction of the International Court of Justice
Authors: Meron Thedor 
Published: June 2019

The object of this paper is to examine the obligations assumed by Israel, by virtue of its acceptance of the compulsory jurisdiction of the International Court of Justice (hereinafter: “the Court”), in accordance with Article 36, paragraph 2, of the Court's Statute, which reads as follows:“The states parties to the present Statute may at any time declare that they recognize as compulsory ipso facto and without special agreement, in relation to any other state accepting the same obligation, the jurisdiction of the Court in all legal disputes concerning:
(a) the interpretation of a treaty;(b) any question of international law;(c) the existence of any fact which, if established, would constitute a breach of an international obligation;(d) the nature or extent of the reparation to be made for the breach of an international obligation.”An attempt will be made to compare Israel's declaration of acceptance of the compulsory jurisdiction with the declarations of other countries, and to analyse the reasons underlying Israel's particular declaration. The paper will not purport to consider the many problems concerned with the Court's compulsory jurisdiction. These problems, and the considerable jurisprudence of the Court dealing with them, are well known to students of international law. Indeed, probably no other aspect of the Court's jurisdiction has been the object of such rich legal literature, some of it quite recent.
Is Age a Matter of Status?
Authors: Shaki A.H. 
Published: June 2019

The theoretical difficulty behind questions arising out of age would appear to be the inherent lack of clarity in defining the legal nature of the concept in general, that is, what “age” is from a legal point of view and how it can be categorized for various juridical purposes.Investigation suggests a distinct traditional tendency both among writers and judges to regard the determination of age, for whatever purpose, as a matter of status, and this despite the fact that “status” itself is not clearly defined or sufficiently described by those who employ the term. Thus, for example, Wolff defines it as “the legal category to which a person belongs owing either to his natural condition…or to his legal condition”, and enumerates age, along with unsoundness of mind, as an example of status arising from a person's natural condition. Likewise, Arminjon features age, along with marriage, celibacy and other well-known instances of status, as a matter concerning “l'état des personnes”, while defining status as “l'ensemble des qualités et des rapports de droit qui constituent la condition juridique d'une personne, qui lui marquent sa place et tracent le rôle qu'elle joue dans la famille et dans a société”.
Jewish Law and Modern Medicine
Authors: Elon Menachem 
Published: June 2019

Before discussing some problems of the Halachah and modern medicine, I must spend a little time on the halachic view of the nature of the physician's responsibility and the authority he possesses in applying his knowledge and training.The school of Rabbi Ishmael, to whom an important and entire system of exegetical rules for expounding the Torah is attributed, regarded the passage in Exodus xxi, 19, “and shall cause him to be thoroughly healed”, as the source of the physician's authority to practice his healing craft. These words were construed literally, in denial of the fatalism found in various religions and philosophies of those and later times, and which asked: “how can man presume to try to heal and, so to speak, to interfere with divine decree when the hand of Providence strikes?” Rabbi Ishmael's comment is especially significant since he was not merely an outstanding halachic sage but also a physician engaged in the practice of medicine.
The Security Council in the May 1967 Crisis: A Study in Frustration
Authors: Lapidoth Ruth 
Published: June 2019

Members of the United Nations have conferred upon the Security Council “primary responsibility for the maintenance of international peace and security” and have agreed “that in carrying out its duties under this responsibility the Security Council acts on their behalf” (article 24 of the U.N. Charter). The question may be asked whether the Security Council lived up to this responsibility during the May 1967 crisis in the Middle East which preceded the Six Day War. Did the Security Council do everything in its power to avoid the clash, and what were the reasons for its failure to avert the crisis?In order to be able to evaluate the Council's stand, it will be necessary to recall summarily the developments which led up to the hostilities of June 1967, as well as the Security Council's powers under the Charter of the U.N.
Some Aspects of the Concept of Contract
Authors: Tedeschi G. 
Published: June 2019

Until a few decades ago the opinion prevailed in England and in the United States, as also in continental Europe, that a contract is an agreement, although certain additional requirements were necessary to distinguish contract from other classes of agreement (see infra, para. 6). More recently, however, many leading American and English scholars have tended to substitute “promise” (or “aggregate of promises”) for “agreement”.What characterizes the new view is not the mere use of the term “promise”: such use was widespread before and still continues among opponents of this view, and it is hard to deny that an obligatory contract is a promise or an aggregate of promises. The followers of the new view are distinguished by the fact that they prefer to define contract solely in terms of promise and sometimes even go so far as to reject agreement as an element of contract.
The Treatment of Mentally-Sick Offenders: A Comparative Analysis of Israel Law, Part I
Authors: Levy Yuval 
Published: June 2019

Four fundamental and inter-related points must be borne in mind when discussing existing or prospective legislation on the treatment of mentally-sick offenders:First, the basic misconception in regard to the true nature of the issue of criminal insanity; secondly, the long-standing conflict between the legal and medical professions in regard to this issue, and the need to shift the centre of the conflict from the substantive to the procedural levels where considerable progress towards close cooperation has already taken place; thirdly, the inter-relationship of the procedural and substantive levels and the great power which the former is capable of wielding over the latter; and fourthly, the effects of the typical, traditional modes of procedure and trial techniques of individual countries on their existing laws and on future legislative progress.The dual nature of the problem of the mentally-sick offender has been the source of much confusion. The substantive tests of criminal responsibility predicated on the mental condition of the accused at the time of the offence have been confused with the distinct problem of the modes of ascertaining his mental condition before, during or after criminal trial, and the setting up of machinery for disposal or treatment.
Judicial Reasoning
Authors: Perelman Chaim 
Published: June 2019

What we mean precisely by judicial reasoning is the reasoning of the judge as disclosed in the grounds of his judgment. The writings of jurists, the arguments of counsel, the indictment filed by the prosecuting officer—all provide grounds which may effect the judge's decision ; but it is the reasoned judgment alone which provides all the elements required to unfold the characteristic features of judicial reasoning.The operative part of the judgment, the very ruling, is preceded by the grounds which constitute the reasoning on which the ruling is based. Judicial reasoning thus constitutes a model of practical reasoning, aimed at justifying a decision, a choice or a claim, and establishing that they are neither arbitrary nor unjust: the judicial ruling is justified if the conclusion following its reasons conforms to the law.Assimilating judicial reasoning to a syllogism whose conclusion is true because it can be formally proved as deriving from true premises, would deny the very nature of practical reasoning and make it impersonal and devoid of its essential element of adjudication. The specific juridical nature of the judge's reasoning is not the formally correct deduction drawn from premises—in this respect legal deduction bears no distinctive features—but lies in the reasoning which serves to lay down those premises within the frame of an existing legal system.
Israel Law: Components and Trends
Authors: Ginossar S. 
Published: June 2019

Interest in the legal system of Israel is enhanced by the circumstances in which the new State came into being.The circumstances of place are peculiar, in that the territory of Israel is situated at the cross-roads of two continents and at the very focus of movements of upheaval by which they are both so deeply stirred.No less unusual are the circumstances of time. The proclamation of independence, for all its novelty, was not in the nature of a birth certificate, but rather of an official record of resurrection witnessed after a hiatus of close on two thousand years. No other people, so it seems, better demonstrates the adage that a nation's history is reflected in its institutions. Driven into exile and scattered to every corner of the earth for so many generations, it is now retrieving its identity in a supreme effort of reunion in its never-forgotten home-land. In the meantime, the fund of experience accumulated during the great dispersion has left its mark on the individuality of every immigrant, so that in many respects the mental attitude of the population is as variegated as the rainbow.
The Goring Ox in Near Eastern Laws
Authors: Yaron Reuven 
Published: June 2019

I have chosen this particular topic for discussion not so much because of its intrinsic interest, but rather because of the opportunity it gives us to see ancient Near Eastern sources in their interrelationship. Let me commence with some words of introduction concerning the sources which will be considered. These are altogether four: the Laws of Eshnunna (LE), the Code of Hammurabi (CH), the biblical Book of the Covenant, and finally the Talmud. Between them they extend over some 2,000 years or more; nevertheless, it is my submission that not only may they be compared with profit, but even that there are some actual links which connect them.The city of Eshnunna is situated to the East of the Tigris, on the bank of its tributary, the Diyala. The kingdom occupied an important strategic position between Assyria (in the North), Babylon (in the West), Isin and Larsa (in the South), and Elam (in the East). Much of its history is as yet uncertain, and it is not my intention, nor am I competent, to trace the fluctuating fortunes of the kingdom, the victories and defeats of its rulers. Eshnunna finally fell victim to the expansionist policies pursued with success by Hammurabi of Babylon, during the fourth decade of his reign.
Par in Parem non Habet Imperium
Authors: Dinstein Yoram 
Published: June 2019

Lawyers in general, and international lawyers in particular, seem to suffer from what may be termed “the Latin formula syndrome”. In almost every branch of international law, one is faced with well-known epigrams of sententiousness drawn from the cornucopian source of ancient Latin phraseology. These venerable maxims, a legacy of the immense influence that Roman and Ecclesiastical law wielded on the fathers of modern international law, are in many respects very useful. In a few choice words, they epitomize fundamental ideas that may otherwise require verbose explanations, and they serve as a beacon for those groping their way in the legal dark. Unfortunately, however, laconic adages in general tend to be over-simplified, and, what is worse, as a result of constant and mechanical repetition, they are apt to lose their contact with reality and become petrified. If the law of nations is to be not merely “the law of notions”, but also the law of motion and animation, the epitaphs reflecting its major precepts must be reexamined every so often, else the mortmain of once flourishing but now barren concepts will keep it in a strangle-hold.One of the more important of the Latin maxims that abound in international law is the general principle par in parem non habet imperium. This principle is commonly regarded as the starting-point for any venture into the field of State immunities, and it has even been said that“There is no principle of international law more fundamental or more universally accepted than this”.
On Tort Liability for “Wrongful Life”
Authors: Tedeschi G. 
Published: June 2019

During the short period since the middle of the present century the courts of more than one country have been called upon to deal with unprecedented claims: actions against a parent in respect of his liability for the plaintiff's birth under handicap, whether physical (congenital disease) or social (illegitimacy). Proceedings have also been taken against the State of New York, to hold it liable for an institution for which it was responsible, a Manhattan hospital, which failed to prevent a rape from which the birth resulted.Together with our juridical interest in the solution of the problem—and perhaps even preceding it—we are curious to understand why it has not arisen before and now suddenly emerges simultaneously in a number of countries without apparently any mutual influence or awareness.
Res Judicata and Identity of Actions Law and Rationale
Authors: Harnon Eliahu 
Published: June 2019

The broad meaning of the term res judicata covers all of the various possible binding effects of a judgment on subsequent litigation.It may be assumed that the need for finality of judgment is recognized by many, if not by all, systems of law. The present study, however, is directed to the examination of the rationale behind the doctrine of res judicata and the meaning of the identity of actions, as reflected in Anglo-American and Israeli law.Res judicata is evidently not one of the easy problems in jurisprudence as many have noted in the past. As to England and Israel in particular, one can hardly say it has been adequately explored.It should be pointed out that the discussion is focused on judgments in personan, as distinguished from judgments in rem or quasi in rem; it does not deal with criminal cases, nor with decisions of administrative tribunals.All three legal systems recognize two facets of res judicata. In spite of variations in terminology, these basic principles are usually held and understood identically.
An International Lawyer Looks at Comparative Law
Authors: Green L. C. 
Published: June 2019

The legal practitioner may well be excused if his approach to comparative law resembles somewhat that of the defence lawyer putting forward the “rolled-up” plea in an action for defamation. Having questioned the very existence of comparative law, he cannot be blamed for covering his retreat by asserting that even if it does exist, it has, for him and his clients at least, no obvious value or significance. Should he refer to the writings of some of the leading acknowledged authorities in the field, he may find that his doubts, far from being lessened, are confirmed and strengthened. What must he feel, for example, when informed by Sir Frederick Pollock, participating in the first International Congress of Comparative Law at Paris in 1900, that “le droit comparé n'est pas une science propre, mais qu'il n'est que l'introduction de la méthode comparée dans le droit.” Should he prefer a more modern exposition, he may refer to Gutteridge writing some fifty years later. The methodological, as distinct from the juridical, character of the subject will appear to be confirmed. “‘Comparative Law’ denotes a method of study and research and not a distinct branch or department of the law. If by ‘law’ we mean a body of rules, it is obvious that there can be no such thing as ‘comparative’ law…[that is to say] any independent rules for the regulation of human relationships or transaction. …[C]omparative law is merely a convenient label attached to a particular method of study and research.”The international lawyer, too, who adopts some such definition of his field as “that system of laws and regulations which those who operate on the international scene recognize as being necessary for their orderly conduct”, is likely to adopt a similar view, for he is unable to find any system of rules and regulations to which he can apply the term comparative law.
The Principles of Equity as a Source of World Law
Authors: Newman Ralph A. 
Published: June 2019

Pindar said that law is king. Gény called law the primordial necessity of order in social life. It is impossible to conceive of a time since men first organized in tribes when law was not a vital force in cementing society together within social groups; yet in the relations of national States with each other we continue to rely on force instead of mutual understanding to establish international order. Those who ignore history, Santayana has said, must pay the penalty of repeating it. Today we are approaching with terrifying speed the point at which the weapons we have created and upon which we rely for world peace threaten to destroy their creators. The force of destiny compels us to seek within ourselves, as did the Prophets of Israel, the source of world peace. What I wish to propose is the utilization of the fundamental principles of law which are common to most nations to establish a closer international understanding as a step toward world peace; and more specifically the employment of the principles of equity as a corpus aequitatis to constitute the basis of a world legal order.The idea of a universal law has appeared many times in history. In the seventeenth book of the Iliad Homer speaks of law as related to a larger whole. The Greek Stoics found the basis of universality in the laws of nature as interpreted by reason, a law which Cicero was later to describe as “lex sempiterna et immutabilis.” Kant conceived of a Weltbürgerrecht, a cosmopolitan law, as an essential goal of human progress. Early in the eighteenth century Giambattista Vico, whom Croce has called the germ of the nineteenth century, proposed to unite law, politics, economics and philosophy in “una gran citta del monde”. There have been moments in history when the idea of a law which would unite nations found practical expression. The ius gentium, that part of the local law of Rome which was basically in accord with the private law of other nations, contributed, perhaps as much as the arms of Roman legions, to the Pax Romana which prevailed for centuries in much of the civilized world. The Pandectenrechtswissenschaft, the law of the Pandects modified by infusion of Germanic law, prevailed for nearly three hundred years among a group of national and semi-autonomous States stretching across central Europe. But the Pax Romana crumbled before the barbarian invasions of the third century of the Christian era, and after the end of the seventeenth century the law of the Pandects split into many separate systems. A contemporary example of law uniting nations is the experience of four Scandinavian countries, of five different ethnic stocks, joined in a unified legal system based largely on indigenous customary law.
The Classification of Crimes in Respect of Continuity
Authors: Feller S. Z. 
Published: June 2019

Any scientific discipline worthy of the name is successful in eliciting the essential nature of the area with which it is concerned and in identifying its basic categories and determining the rules applicable to the inter-relationship of these categories. On these conditions alone can scientific inquiry fulfil its major, perhaps only, task of solving the practical problems that arise in the particular area of study. In every science, therefore, a central place is assigned to an examination of its specific categories.Jurisprudence establishes general juridical categories that prevail in every branch of law. Yet each branch of law, including the criminal law, has laid down and delimited its own particular categories and continues to do so. From time to time social phenomena appear which do not lend themselves to the classificatory grouping of the current jurisprudential theory. In such cases, the scholar must extract the basic constituents of these phenomena, trace their specific consequences, determine their special nature and dovetail them into the classificatory system of the relevant branch of the law. From this process also derives the practical interest of the scholar in facilitating the smooth articulation of the actual phenomena with the previously prescribed categories and relating to them the legal effects specific to the category under which they fall to be grouped.