bluuebunny/crossref_metadata_2025_split huggingface dataset:
Egalitarianism and Assets
Authors: Berman Joshua A. 
Published: January 2009

AbstractClass may be defined as the formation of groups around the extraction, production, transformation, distribution, exchange, and consumption of economic surplus. A program for an egalitarian order, therefore, must address the distribution of capital. In the capitalist world that we inhabit, social relations become embedded in the economic system. Yet, in premodern societies, including the ancient Near East, the dynamic was reversed: the economic order was but a function of the social order in which it was contained. This chapter examines stipulations concerning land tenure, taxation, lending, ownership rights, debt easement, poverty relief, and manumission. To be sure, the various legal corpora found in the Pentateuch concerning nearly all of these issues reveal inner tension and discord. Yet, we may see that in many instances, concepts and institutions whose origins were in statist and feudal orders elsewhere in the ancient Near East are recast in these legal corpora in accordance with a new communal agenda. This chapter maintains that where the greatest reworking has been done we may see that it has been carried out with the aim of ensuring that a broad swath of the citizenry remain landed and economically secure. What emerges is the western tradition's first prescription for an economic order that seeks to minimize extreme advantage and the distinctions of class based on wealth.
Banning Piracy: The State Monopoly on Military Force
Authors: Stiles Kendall 
Published: January 2009

Abstract
Norms on piracy have moved through several distinct cycles of change, involving intense disputes over definitions of piracy and over rules for the high seas. The trigger for the development of antipiracy norms, however, was not a specific disputed event but rather the emergence of naval technologies that allowed states to suppress piracy. This chapter examines three cycles of normative development. In the first cycle, through about 1600, states moved from acceptance of privateering to contesting its legitimacy. The second cycle culminated in the 19th-century prohibition of piracy. A third cycle, embedded within the larger cycle of antipiracy norms, carved out in the nineteenth and twentieth centuries a political exception to the ban on piracy. Finally, the chapter assesses the still unresolved debate regarding universal jurisdiction over pirates.
Slavery: Liberal Norms and Human Rights
Authors: Stiles Kendall 
Published: January 2009

Abstract
This chapter begins with a brief review of slavery through the late-18th century, with an emphasis on the broad consensus over the legitimacy of the institution and its centrality to international economic life. It then explores the origins of the ban on the slave trade and its subsequent implementation. This leads to a discussion of the ban on slavery itself which progressed in tandem but as a result of somewhat different forces. Finally, the chapter considers how the modern struggle against human trafficking is informed by and yet departs from these normative origins.
Genocide
Authors: Stiles Kendall 
Published: January 2009

Abstract
This chapter focuses on the development of international norms prohibiting genocide. Prior to the beginning of the 20th century, genocidal killing occurred with depressing regularity around the world. From Antiquity through the Middle Ages, victors in war considered such massacres a necessary element in suppressing conquered and rebellious peoples. These atrocities rarely elicited anything more than expressions of regret from the international community. Against this context, the international norm prohibiting genocide developed through two cycles of norm change, one triggered by the Armenian genocide of 1915 and a second following the Holocaust. Subsequent cycles clarified the application of the norm.
Humanitarian Intervention
Authors: Wood Heather Jacques , Nuttall Taylor , Stiles Kendall 
Published: January 2009

Abstract
This chapter reviews the normative context (the state of the discourse and international practice regarding humanitarian intervention) circa 1945. It assesses the extent to which the debates surrounding the UN Charter and ancillary post-war human rights treaties established principles relevant to humanitarian intervention. It then turns to the Cold War and the immediate post-Cold War period to chronicle how specific crises triggered the development of humanitarian intervention norms. Finally, the chapter provides a more detailed examination of the debates surrounding intervention in Somalia, Rwanda, and Bosnia, with a brief discussion of the Darfur situation.
The Creative Development of Johann Sebastian Bach Volume 1: 1695-1717
Authors: Jones Richard D. P. 
Published: January 2009

Abstract
This book gives an account of the individual works of one of the greatest composers. This first volume, the first of a two-volume study of the music of J. S. Bach, covers the earlier part of his composing career, 1695-1717. By studying the music chronologically a coherent picture of the composer's creative development emerges, drawing together all the strands of the individual repertoires (e.g., the cantatas, the organ music, the keyboard music). The book is divided into two parts, covering the early works and the mature Weimar compositions, respectively. Each part deals with four categories of composition in turn: large-scale keyboard works; preludes, fantasias, and fugues; organ chorales; and cantatas. Within each category, the discussion is prefaced by a list of the works to be considered, together with details of their original titles, catalogue numbers, and earliest sources. As indicated by the subtitle ‘Music to Delight the Spirit’ borrowed from Bach's own title-pages, the book draws attention to another important aspect of the book: not only is it a study of style and technique but also a work of criticism, an analytical evaluation of Bach's music, and an appreciation of its extraordinary qualities. It also takes account of the remarkable advances in Bach scholarship that have been made over the last fifty years, including the many studies that have appeared relating to various aspects of Bach's early music, such as the varied influences to which he was subjected and the problematic issues of dating and authenticity that arise. In doing so, it attempts to build up a coherent picture of his development as a creative artist, helping us to understand what distinguishes Bach's mature music from his early works and from the music of his predecessors and contemporaries. Hence we learn why it is that his later works are instantly recognizable as ‘Bachian’.
The Neumeister Collection and other organ chorales
Authors: Jones Richard D. P. 
Published: January 2009

Abstract
This chapter focuses on the importance of the chorale in Lutheran worship. The chorale was an effective means of congregational participation — an essential feature of Luther's reforms — and its simple texts, strophic, metrical, and vernacular, helped to bring home the Christian message by paraphrasing biblical or liturgical words and reinforcing the theological doctrine derived from the Gospel and expounded in the sermon. The Neumeister chorales, miscellaneous organ chorales, chorale motets, chorale fantasias, and chorale paritas are presented.
Conclusion
Authors: Jones Richard D. P. 
Published: January 2009

Abstract
This chapter presents a synthesis of the discussions in Part I of this book. It argues that certain general characteristics of Bach's early music, notably the preponderance of pattern play and the North-German rhetoric of the stylus phantasticus, distance it considerably from his mature style. And conversely, characteristics that we expect to hear in his later works, such as the continuous motion of short note-values, caused by the expressive elaboration of all parts, have not yet become fully established. However, in several crucial ways the Bach we know so well from the great masterpieces of later years is already to some extent recognizable in the early works.
Introduction
Authors: Jones Richard D. P. 
Published: January 2009

Abstract
This chapter begins with a discussion of Bach's attainment of full maturity as a composer. It argues that the favourable conditions Bach experienced at the Weimar court facilitated the approach and eventual arrival of complete mastery in the handling of a mature style that is recognized instantly as ‘Bachian’. It identifies two important features of Bach's later career are already anticipated in Weimar. First, he was in increasing demand as a teacher: about a dozen students of his are known by name from this period, including Schubart and Vogler, both of whom had moved with him from Mühlhausen. Secondly, the conception of systematic cycles, which plays such a central role in Bach's creative work from the Cöthen period onwards, is already anticipated in Weimar.
Fugue and fantasy II
Authors: Jones Richard D. P. 
Published: January 2009

Abstract
This chapter focuses on Bach's prelude-and-fugue form. At Weimar, the two-movement structure of prelude and fugue, already prominent in Bach's early music, became fully established along the lines of a blueprint: the Prelude and Fugue in G minor, BWV 535a, the most advanced of the early works of this kind. As reflected in the revision of that work, however, the prelude is expanded and consolidated so that it becomes a more equal partner to the following fugue. This development applies specifically to organ music; only sporadic works survive in this dual form for harpsichord, and there is no evidence that the prelude and fugue for manuals only was established in any consistent fashion before The Well-Tempered Clavier. Such is the centrality of the prelude-and-fugue form within Bach's oeuvre that other genres are now assimilated to it: the toccata (BWV 911and 538; later 540), fantasia (BWV 944), and passacaglia (BWV 582).
The Orgelbüchlein and other chorales
Authors: Jones Richard D. P. 
Published: January 2009

Abstract
This chapter focuses on Bach's Orgelbüchlein chorale. It argues that the gulf in style and quality between Bach's early chorales and the Orgelbüchlein is so immense that it is difficult to account for it in terms of a continuous process of development. The distinctive type of chorale setting that Bach developed in the Orgelbüchlein is virtually without precedent among his early works. Six organ chorales are considered which appear to witness Bach in the process of evolving certain key features of the Orgelbüchlein chorale.
Introduction
Authors: MacCormick Neil 
Published: January 2009

Abstract
This introductory chapter begins with a discussion of the institutional theory of law, which aims to develop a better understanding of law than other current legal theories offer, starting from a definition of law: Law is institutional normative order. In explaining the elements of the definition, it is first explains ‘norms’, and then ‘normative order’. Finally, by discussing the institutionalization of normative order, it reaches a grasp of the whole defining phrase ‘institutional normative order’. An overview of the subsequent chapters is presented.
On Normative Order
Authors: MacCormick Neil 
Published: January 2009

Abstract
This chapter argues the importance of understanding the idea of normative — the idea is of our having ways to differentiate right from wrong in what we do, of having common or overlapping conceptions of what one ought to do in various recurring situations. Human beings are norm-users, whose interactions with each other depend on mutually recognizable patterns that can be articulated in terms of right versus wrong conduct, or of what one ought to do in a certain setting. Understanding this use of norms precedes understanding any possibility of deliberately creating relevant norms that are to become patterns for behaviour. However, deliberate creation of norms also occurs. Norm-usage can acquire a more formal character, indeed, can become ‘institutionalized’. To understand this is to understand the transition into institutional normative order, and thus law.
On Institutional Order
Authors: MacCormick Neil 
Published: January 2009

Abstract
This chapter begins with a discussion of queuing as a matter of purely informal normative order grounded in the social conventions of ordinary everyday life. It distinguishes between informal or conventional norms on the one hand, and on the other hand the explicit or implicit rules that may be introduced and established, or developed and recognized, by persons holding some position of authority. It then discusses institutional agencies and their role in the institutionalization of order.
A Problem: Rules or Habits?
Authors: MacCormick Neil 
Published: January 2009

Abstract
This chapter explores the issue of the potential ‘gap’ between law as enacted and law as acted out. It identifies two kinds of gap. First, judges and lawyers and other court officials are likely to have their own routines and habits and ways of carrying out their official or professional work. The formal rules will come to be modified and overlaid with other considerations and habits in the overall folk-ways of working legal life in any real setting. The second sense of the ‘gap’ is the ‘efficacy gap’. It is very much an open question how much of the official law is any part of the working consciousness of laypersons. It is also questionable to what extent their sense of what is right and proper depends on, and how far it diverges from, what the official law enjoins either in the sense of abstract texts or in the mediated form filtered through professional and official practice.
Legal Positions and Relations: Rights and Obligations
Authors: MacCormick Neil 
Published: January 2009

Abstract
This chapter begins by analyzing ‘obligations’ in the sense of ‘legal ties’ or ‘vincula iuris’, that is, in the sense involved in discussions of the ‘law of obligations’. It then considers rights in relation to duties, with a view to showing when rights exist and how they correlate with duties, in particular whether or not some element of choice about or control over another person's fulfilment of a duty is necessarily involved. Finally, more complex rights of the kind involved, for example, in human rights instruments are explained in a preliminary way.
Political Yardstick Competition and Corporate Governance in the European Union
Authors: Salmon Pierre 
Published: January 2009

AbstractThe question whether regulatory competition in the area of company law could take place in the European Union (EU) in a way similar to that in the United States (the Delaware phenomenon) ignores the importance of voters and tends to view competition among governments as if it was exclusively based on the mobility of firms across jurisdictions. But intergovernmental competition can also take the form of yardstick, or relative performance, competition. This chapter begins by spelling out some characteristics of the mechanism. The second part stresses some aspects of the path followed by European integration. The third and fourth parts are devoted to corporate governance and law making in the EU context. Yardstick competition between the EU and other parts of the world is likely to start a dynamic process that could lead to the centralization of a large part of company lawmaking at the EU level and the emergence of a distinctive legal environment for firms doing business in Europe.
A Legal Options Approach to EC Company Law
Authors: Hertig Gerard , McCahery Joseph A. 
Published: January 2009

AbstractIn recent years, legal options have gained acceptance in the European Union. Legal options refer to the ex ante and ex post choices that are created by law. Not surprisingly, legislators have tended to introduce choice for Member States or private parties when they have found it difficult to make headway with resolving a conflict. This chapter contends that allowing firms the choice of different legal rules would be beneficial and would respond to industry demands for low-cost regulatory choices. It shows that bringing options to the forefront of company law reform can reduce costs for small and medium-sized firms, and provide clear benefits to companies that differ in their ownership and control structure from most large public corporations. Switching to a company law regime with different sorts of options can have a good effect on stakeholders as well. As a regulatory strategy, it advocates a step-by-step change, beginning with the adoption of a limited number of opt-in provisions.
How Can Corporate Governance Codes Be Implemented?
Authors: Wymeersch Eddy 
Published: January 2009

Abstract
In most European States, corporate governance rules are laid down in self regulatory instruments, drawn up by different types of specialists or practitioners (academic, stock exchanges, business associations). Legislators have most of the time refrained from intervening in this matter. However, a great variety of factual situations exist: in some States, the corporate governance code is a mere recommendation, without any enforcement mechanism; in others the code is part of the listing conditions. This chapter reviews the different enforcement instruments, going from market-led enforcement, enforcement by civil law instruments, or by name and shame techniques. Most systems are based on the ‘comply and explain’ technique, which is also recommended by the European Corporate Governance Forum. In some States, the securities commission has recently been charged with an unclear mandate for supervising compliance.
The European Securities Industry. Further Evidence on the Roadmap to Integration
Authors: Alemanni Barbara , Lusignani Giuseppe , Onado Marco 
Published: January 2009

Abstract
The integration of the European securities market is one of the most important and ambitious steps of the making of a unified financial system. This chapter shows why the issue of costs and competition between different trading and post-trading systems is the key point of future integration. In particular, the analysis starts with the roadmap set by the European Commission and the evolution of the regulatory approach towards the integration of the trading and post-trading sectors. It then reviews the results of the research on the main issues related to the integration of securities markets and comments on the present situation. In addition, some original measures of the explicit costs of trading for all main European exchanges are presented, adopting a bottom-up approach, which allows a comparison of the prices paid by different investors for different sizes of trades. The debate on fragmentation of different European post-trading systems is also briefly reviewed. The chapter concludes with some policy implications.
The Eclipse of Contract Law in the Investment Firm-Client-Relationship: The Impact of the MiFID on the Law of Contract from a German Perspective
Authors: Mülbert Peter O. 
Published: January 2009

Abstract
Articles 19 to 24 of the Markets in Financial Instruments Directive (MiFID) establish a new regulatory framework for the legal relationship between an investment firm and its clients. At first glance, the regulatory framework and the contractual framework are completely independent of each other. In particular, Article 19 (7) only recognizes that investment services are provided on a contractual basis by requiring an investment firm to establish a documentary record regarding the contractual terms, but does not mandate any specific contents of such a contract. However, a more detailed analysis shows the MiFID framework to have a profound impact on the structure and contents of the respective contractual relationships. In this respect, Article 20 dealing with the provision of services received through the medium of another investment firm, and Articles 31 and 32 providing for maximum harmonization of the conduct of business rules, are of particular importance.
Structuring Securities Regulation in the European Union: Lessons from the U.S. Experience
Authors: Langevoort Donald C. 
Published: January 2009

Abstract
Politics aside, the question of whether the EU should create an SEC is about the trade-offs between scale and accountability. This chapter considers that trade-off in the US context, with specific attention the SEC's apparent role as a ‘global’ securities regulator on matters relating to issuer disclosure. The principal claim is that in making enforcement decisions, there will likely be a ‘home bias’ toward domestic enforcement actions that makes extraterritorial actions less likely, thus reducing the incentives to comply. To the extent that this is typical of regulatory behaviour, then there may be lessons for Europeans considering the question of institutional design. More broadly, the chapter also considers some of the institutional features that make SEC enforcement policy what it is, which may or may not be exportable (or which policy makers in Europe may not want to import) to the European context.
Derivative Actions and Corporate Governance
Authors: Reisberg Arad 
Published: January 2009

Abstract
This book provides the first comprehensive law scholarship to focus solely on the subject of derivative actions, which is an important aspect of the current ever-expanding debate in the UK, and in other jurisdictions, about corporate governance. In particular it: (1) provides the first detailed and clear overview, commentary and theoretically informed explanation of the law governing derivative actions by revealing underlying principles, making it an essential resource for corporate law academics, law makers and practitioners; (2) uses these principles to suggest how the law should develop in the future; (3) provides the first, most comprehensive and detailed assessment of the new regime governing derivative actions under the new Companies Act 2006 including a commentary on all the new provisions of the Act on the subject; and (4) includes a comparative perspective to derivative actions in foreign jurisdictions focusing in particular on recent developments so as to compare and explain how the law might develop. The book attempts a fundamental rethink of the content of the derivative action and its objectives. Intertwining these objectives into a cohesive model of derivative actions, the book conceptualizes the derivative action mechanism and argues that action should be taken at three parallel levels: (1) conceptual (i.e., adoption of a new framework in the guise of the ‘Functional and Focused Model’ as set out in the book); (2) strategic (i.e., employment of appropriate incentives and fee rules which advance the premises behind the Model); and (3) maintaining doctrinal consistency (i.e., clarification of the interaction between the derivative action and other remedies available to shareholders.
The Way to Reform and a New Statutory Derivative Action: Much Ado About Nothing?
Authors: Reisberg Arad 
Published: January 2009

Abstract
This chapter analyses the reforms of the derivative action in the UK. It begins by highlighting the deficiencies in the common law, the approach to reform, and the guiding principles for resolving the problems identified. Section 4.3 analyses the new statutory derivative action introduced by the Companies Act 2006. It provides a summary of the reform package while discussing the scope of the new derivative action and the procedural framework for the application for leave. Section 4.4 assesses critically the recent reforms, looking in particular at major possible obstacles, drawing on recent experience in foreign jurisdictions in which the derivative action has been put on a statutory footing. This analysis is meant to bring the reader forward to see the impact (in cost/benefit terms) of reforms in what proved to be a rather contentious area of reform.