bluuebunny/crossref_metadata_2025_split huggingface dataset:
Foundations of Functionalism
Authors: Loughlin Martin 
Published: November 2023

Abstract
There are certain problems in seeking to identify the intellectual foundations of the functionalist style in public law with a particular political ideology. It is clear that, if normativist style has its roots in conservatism and liberalism, similarly one may say that the functionalist style has a certain affinity with a political theory of socialism. That statement must be qualified, however, if for no other reason than that there is no one theory of socialism to which the main adherents of a functionalist style would subscribe. It may therefore be more accurate to identify the functionalist style with those who adopt a collectivist social ontology. As a result, the foundations of functionalism may best be revealed by examining intellectual orientations rather than, in a strict sense, a political ideology. This is the method which I shall adopt. The three primary intellectual influences on the functionalist style which we shall examine are those of sociological positivism, evolutionary social theory, and pragmatism in philosophy.
The Triumph of Liberal Normativism?
Authors: Loughlin Martin 
Published: November 2023

Abstract
The styles of conservative normativism and functionalism both express extreme scepticism about the ability to fashion a constitutional order on the foundation of individual rights. Conservatives in general reject rights-talk because such language is fundamentalist and thus fails to recognize the conditionality of its claims. They argue that, when the language of rights is intensively utilized, it tends to destroy the intricate heritage of understandings which sustains a society. Oakeshott, for example, argues that abstract principles are incapable of determining actions. Such principles are cribs of practical knowledge and hence are contingent and indeterminate. Socialists have also been sceptical, primarily because of the empiricist and pragmatic strains in British socialist thought. As a result of the empiricist strain, statements of legal principle tend to be viewed as ‘metaphysical nonsense’.
Public Law in the Face of the Future
Authors: Loughlin Martin 
Published: November 2023

Abstract
This book opened with the suggestion that public law is currently in a rather unsatisfactory state. We are now in a position to appreciate why this might be the case. I have tried to show, first, that public law discourse is bifurcated. There are two basic styles of thought in public law, which I have labelled normativism and functionalism. Between adherents of these two styles there is virtually no agreement over the contours and boundaries of the subject. Although writers may use similar concepts-such as sovereignty, liberty, democracy, and law-the meanings which such concepts convey tend to be rather different. This is hardly surprising since these concepts perform different roles within competing models of public law. I have, secondly, endeavoured to demonstrate that the roots of these competing styles are to be found in theories of politics and society. There is no neutral language of public law. We can understand what a writer is saying only if we understand the political tradition within which the writer works.
Beveridge and Bryond the Shift from Insurance to Means-testing
Authors: Harris Neville 
Published: November 2023

Abstract
This chapter covers a crucial period in the evolution of the British social security sys tem, starting with the Beveridge Report (1942), which formed a blueprint for the post-war welfare state and had an influence far beyond the United Kingdom. It examines the key elements of the Beveridge plan, which was based largely around a scheme of insurance-based benefits, and discusses the plan’s implementation. It seeks to explain the influence of Beveridge’s vision of a universal, insurance-based welfare system on the subsequent development of social security, and charts the gradual shift in the complexion of the social security system from being primarily insurance-based to placing an increasing emphasis on means-tested benefits to provide for basic subsistence needs.
Widening Agendas: the Social Security Reviews and Reforms of 1985-8
Authors: Harris Neville 
Published: November 2023

Abstract
The Social Security Act 1986 was an important landmark in the post-war develop ment of social security in Britain. It is true that the reforms did not result in a complete restructuring of the benefits system and its legal framework; indeed, the Government acknowledged that its proposals, published in 1985, were ‘not based on a grand design for a new state system’.Nevertheless, the Act produced highly important changes-the introduction of income support, the social fund and family credit, and a revised housing benefit scheme-all of which are, over a decade on, still key elements of the present social security system. Among other reforms were the scaling down of the state earnings-related pension scheme (SERPS), the abolition of death grant and the restructuring of widow’s pension. Just as significantly, the reforms produced gains for some client groups and losses for others most notably, in the case of the latter, young people, families, and the unemployed. The reforms are also significant for their entrenchment of prevailing New Right principles of reduced state welfare provision, increased self-reliance and greater private provision. The Government postulated that while state provision had an important role to play, ‘it should not discourage self-reliance or stand in the way of individual provision and responsibility’.Social security provision should be based on ‘a partnership between the individual and the state-a system built on .
Social Security, Money Management and Debt
Authors: Rahilly Simon 
Published: November 2023

Abstract
Successive governments have sought to contain spending on social security and maintain the poor-law principle of lesser eligibility-which is closely related to the current Government’s policy agenda of ‘welfare to work’. The imperative has been to ensure that benefit claimants remain at the lowest end of the range of incomes. Social security not only serves to relieve poverty, it also perpetuates it with low rates of benefit compared with other incomes (sec Chapter 2). The promotion of self reliance means that there will be strict limits on the provision of any extra assistance to help with particular financial difficulties.
Privacy in Cyberspace: Personal Information, Free Speech, and the Internet
Authors: Wacks Raymond 
Published: November 2023

Abstract
Reports of the fragility of ‘privacy’ have been sounded for at least a century. Most recently, advances in computer technology have been decried as the nemesis of whatever vestiges of ‘privacy’ still survive. At the same time, the ‘information superhighway’ is hailed as a Utopia waiting to be born. When cliches contend, it is unwise to expect sound resolutions to the problems they embody, but between these two exaggerated claims, something resembling the truth probably resides. In respect of the future of ‘privacy’ at least, there can be little doubt that the questions are changing before our eyes. And if, in the flat-footed domain of atoms, we have achieved only limited success in protecting individuals against the ravages of surveillance and sensationalism, how much better the prospects in our binary universe?I have long argued (to little effect)1 that the dominant analysis of the question of ‘privacy’ is, at least in its legal incarnation, misconceived and, perhaps, even counter-productive. My point of departure has been the simple-minded observation that however worthy the values that coalesce around the amorphous concept of ‘privacy’, they are too sweeping, too varied, to inhabit (at least comfortably) that overworked notion. Or, to be more accurate, it has seemed to me that at the heart of our concern to protect‘privacy’ lies a desire, probably a need, to prevent information about our being known to others without our consent.
Some Comparative Reflections on the Right of Privacy of Public Figures in Public Places
Authors: Markesinis Basil S , Nolte Nico 
Published: November 2023

Abstract
English judges are becoming more comparatively minded than they might be willing to admit; and current developments suggest that this trend is bound to increase, not decrease, with the passage of time. For instance, the gradual divergence of common law jurisdictions on such important matters as liability for pure economic loss1 will increase the pressure on our judiciary to reconsider their views on this perennial problem and, more importantly, towards the principle of incrementalism which they imported from Australia with such enthusiasm. 2 A change of attitude here will put tort law into forward gear, something which the judges of the 1980s have feared but which seemed to have left their predecessors in the 1970s relatively undaunted. Commonwealth Jaw will not be the only source of inspiration.
The Flight to the Fiduciary Haven
Authors: Hoyano* Laura 
Published: November 2023

Abstract
A lawyer strolling along the boundaries of tort and contract may be startled to discover that the walls have been breached in many places by an intruder: the fiduciary phenomenon.This essay will explore part of the territory the fiduciary concept recently has invaded, considering its impact on the common law of obligations. As a starting point, I will examine recent initiatives by several Justices of the Supreme Court of Canada to colonies territory previously unclaimed for the fiduciary realm. Some of this terrain had already been staked out by tort and contract, whilst other areas had not previously been occupied by non-statutory sources of law at all.1The fervor with which some Canadian jurists have embraced the fiduciary principle has bemused their Commonwealth colleagues.
The Identification of Fiduciaries
Authors: Glover John 
Published: November 2023

Abstract
It is not easy to predict where and when the next fiduciary relationship will be found. Across the common law world, there is an absence of agreed criteria for how the ‘fiduciary’ word should be used. Much has now been writ ten about this. At a high level of generality one might say that fiduciaries are to be found in trusting relationships. They can be identified by a fidelity that they agreed to, undertook, or are taken to have assumed. Beyond that there is no consensus. What a ‘trusting relationship’ is, and what ‘taken to have assumed’ may include, are matters which have virtually defied explanation. Assuming that a ‘fiduciary relationship’ is a substantial, not instrumental or fictitious category, a new approach to these matters is proposed here.Fiduciaries of the familiar sort are sometimes said to be within ‘accepted categories’ of fiduciary relationship. Partners, agents and principals, employers and employees, companies and directors, and solicitors and clients comprise a traditional list.2 One might add to this number guardians and wards, trustees and beneficiaries, receivers in bankruptcy and creditors, liquidators and contributories, and a few more. Calling these relationships ‘accepted’ means no more than that courts habitually invest them with a fiduciary consequence. Fiduciary characterization is not presumed.
Case-Studies
Authors: Susskind Richard 
Published: November 2023

Abstract
I turn now to intensely practical matters, by devoting this chapter and the next one to exploring IT and the law in action together. Here I return to the important distinction introduced in Section 2.1, that between automating, informating, and innovating. Throughout the book I have given examples of each of these functions. Now, I go further by presenting more detailed case-studies of the practical applications of each. All but one of the case-studies are based on firsthand, personal experience of the systems in question. I have selected those which have left the most lasting impressions on me, either because they so clearly demonstrate the power of some applications or because they clarify the central claims and arguments of this book. Automating emerges clearly as a tool for streamlining legal processes; informating is seen to create opportunities to exploit the by-products of automation; while innovating results in the re-engineering of legal service generally or of legal processes in particular.
Critical Success Factors
Authors: Susskind Richard 
Published: November 2023

Abstract
How can we give ourselves the best chance of success in realizing the vision of this book and in introducing systems of the sort just described in the case-studies of the previous chapter? This chapter deals with the fundamental steps which I believe must be taken. An overview of the topics addressed is presented in Figure 7.1. In light of my own consulting and management experience, and countless insights from other specialists as well, I deal with the all-important trinity of strategy, planning, and management. I follow this with my ‘Triple A’ Formula, which stipulates that success can be achieved only if proposed applications are available technically, acceptable financially, and achievable culturally. Finally, I map out education and training requirements for lawyers, taking account of the entire spectrum from school education through to the edification of the most experienced legal practitioners.
The Regulation of Financial Services: Lessons from the UK for 1992
Authors: Mayer Colin 
Published: November 2023

Abstract
The 1986 Financial Service Act (FSA) introduced for the first time a comprehensive system of regulating financial services in the UK. With it came a plethora of rules relating to the activities of investment businesses that distinguishes financial services from most other sectors of the British economy. One justification that may be sought for the regulation of this, but not other sectors of the economy, is that investors are at greater risk than consumers of other products. In fact, according to Franks and Mayer (1989), the losses that clients of investment management firms have suffered on account of financial failure appear to be small, probably well below those in other industries, such as the building industry where entry and exit of firms is commonplace. Why then has an extensive system of regulation been imposed on investment managers but not builders?
Law and Regulation: Current Issues and Future Directions
Authors: Mceldowney John 
Published: November 2023

Abstract
Privatization of the major nationalized industries has created a number of new regulatory agencies and a fresh legal framework to oversee the development of the newly formed Company Act companies post¬privatization. A wide range of statutory powers, contracts, licences, and conditions provide the main legal mechanisms which govern the relationship between regulator, the company, and the consumer. Largely discretionary, but also of great importance to the future of each industry is the role of the relevant Secretary of State and the complex legal powers which are devoted to the relationship between the regulator and the Secretary of State. Future directions for the newly privatized industries may be determined by the political policies which the Secretary of State may pursue and this may prove more controversial than at first appreciated during the early privatization debate.
Taxation
Authors: Bell Clive 
Published: November 2023

Abstract
Even the so-called “minimalist” state, whose only function is to defend the realm against foreign foes and maintain internal order and property rights, needs revenue, though in relatively modest measure. The “developmental” state, in contrast, has requirements for funds of wholly different order. For in addition to ensuring law and order, it is supposed to provide the people with education, health, and at least some form of collective insurance against natural disasters.
Tax Reform
Authors: Bell Clive 
Published: November 2023

Abstract
An important implicit assumption in much of the literature on optimum taxation is that the government can proceed to design tax structures without paying heed to those already in existence. It is rarely the case, however, that governments enjoy the advantage of starting anew with a clean slate. For the system of taxation reflects a society”s political, social, and administrative history, as well as the constellation of influences and interests that vie with one another in the present. Some would argue, there fore, that the value of the results in that literature may lie more in their influence on how we think about the issues of taxation rather than in their provision of an apparatus to calculate optima.
An Introduction to Social Cost-Benefit Analysis
Authors: Bell Clive 
Published: November 2023

Abstract
Planning of the all-encompassing sort that found expression in the formulation-albeit to a far lesser extent in the execution-of five-year plans has fallen into dis favour. It remains the case, however, that governments continue to spend a very substantial fraction of GNP, and it can hardly be otherwise in the future if they are to discharge their functions.
Shadow Prices
Authors: Bell Clive 
Published: November 2023

Abstract
Having prepared the ground with an intuitive account in Chapter 8, we now embark on the task of deriving shadow prices in a rigorous way. The main emphasis here is on capturing the general equilibrium effects that ensue from changes in public production and consumption, and on the relationship between shadow prices and economic policy, though some aspects of income distribution will also be treated as an integral part of the analysis.
Time: The Social Discount Rate
Authors: Bell Clive 
Published: November 2023

Abstract
The approach adopted in Chapter 9 is quite general, but in the interests of keeping matters comparatively simple, it was developed in detail in a static setting. A project”s life usually stretches over many years, however, so that two problems must be dealt with. First, some way must be found to aggregate costs and benefits arising at different points in time. We noted in Chapter 8 that the private firm should do this by discounting future costs and returns at an appropriate rate, which may vary from period to period.
Land Reform and Tenancy
Authors: Bell Clive 
Published: November 2023

Abstract
In the middle of the twentieth century, the great majority of less developed countries (LDCs) were agrarian economies by any reasonable definition of the term, with agriculture accounting for 40-70 per cent of gross national product and 50-80 per cent of total employment. Something of a structural shift has taken place since then-in those that have grown fairly rapidly, as a matter of course.
Expected Stock Returns and Volatility
Authors: French Kenneth R , Schwert, G William , Stambaugh Robert F 
Published: November 2023

Abstract
This paper examines the relation between stock returns and stock market volatility. We find evidence that the expected market-risk premium (the expected return on a stock portfolio minus the Treasury-bill yield) is positively related to the predictable volatility of stock returns. There is also evidence that unexpected stock market returns are negatively related to the unexpected change in the volatility of stock returns. This negative relation provides indirect evidence of a positive relation between expected risk premiums and volatility. Many studies document cross-sectional relations between risk and expected returns on common stocks. These studies generally measure a stock’s risk as the covariance between its return and one or more variables. For example, the expected return on a stock is found to be related to covariances between its return and (i) the return on a market portfolio (Black, Jensen, and Scholes (1972), Fama and MacBeth (1973)), (ii) factors extracted from a multivariate time-series of returns (Roll and Ross (1980)), (iii) macro economic variables, such as industrial production and changes in interest rates (Chen, Roll, and Ross (1986)), and (iv) aggregate consumption (Breeden, Gibbons, and Litzenberger (1986)).
Non Contractual Relation in Business: A Preliminary Study
Authors: Macaulay Stewart 
Published: November 2023

Abstract
What good is contract law? who uses it? when and how? Complete answers would require an investigation of almost every type of transaction between individuals and organizations. In this report, research has been confined to exchanges between businesses, and primarily to manufacturers. Further more, this report will be limited to a presentation of the findings concerning when contract is and is not used and to a tentative explanation of these findings.
This research is only the first phase in a scientific study. The primary research technique involved interviewing 68 businessmen and lawyers representing 43 companies and six law firms. The interviews ranged from a 30- minute brush-off where not all questions could be asked of a busy and uninterested sales manager to a six-hour discussion with the general counsel of a large corporation.
Introduction
Authors: Macho-Stadler Ines , Perez-Castrillo J David , Watt Richard 
Published: November 2023

Abstract
The economics of information is centred on a fundamental aspect of contractual relationships: the effect on the contractual format when one party has, or will have, an informational advantage over the other. Aside from this characteristic, the only interesting cases are when the participants have opposing objectives. In all our models, one of the participants, the principal, has all the bargaining power.
Signalling
Authors: Macho-Stadler Ines , Perez-Castrillo J David , Watt Richard 
Published: November 2023

Abstract
In many contractual relationships, one of the parties has more information than the other as to some relevant variables. When it is beneficial to do so, the informed party will try to signal the information to the other partyvia some action or decision. In this chapter we study, on the one hand, the possibility that the participants signal their characteristic through actions previous to the contractual relationship. On the other hand,we study the value of the very contract as a means of indirect transmission of in formation when the principal has information that she would like the agent to know.
Asset Stock Accumulation and Sustainability of Competitive Advantage
Authors: Dierickx Ingemar , Cool Karel 
Published: November 2023

Abstract
Recently, a number of scholars have expressed the concern that much of the strategy literature focuses too narrowly on privileged product market positions as a basis for competitive advantage and above-normal returns (e.g., Gabel 1984; Wernerfelt 1984; Barney 1986). The fact that resource bundles need to be deployed to achieve or protect such privileged product market positions is often overlooked.
Correspondents ‘ Images of Martin Luther King, Jr: An Interpretive Theory of Movement Leadership
Authors: Lilley Stephen J , Platt Gerald M 
Published: November 2023

Abstract
This is a study of the images imparted to Martin Luther King, Jr., during the period 1956 to 1961. These portrayals of King are derived from correspondence sent from people who were more and less active in the movement. Although we focus upon the images these people accorded Dr King, this is also a theoretical essay. We will use correspondents ‘ perspectives to illustrate how participants construct their conceptions of leadership.
What causes borderline personality disorder?
Authors: Krawitz Roy , Jackson Wendy 
Published: November 2023

Abstract
Most international experts are in agreement that biological and psychological factors can contribute to the development of the condition and that there is often interplay between these biological and psychological factors. Socio-cultural factors may interact with biological and psychological protective and risk factors, increasing or decreasing the likelihood of BPD developing. The pathway to developing the disorder will be unique for you, with different predisposing or protecting factors from biological, psychological, and socio-cultural sources. Whatever the causes in your unique situation, treatment effectiveness requires both you and your treating clinician/s being very active in your treatment.