bluuebunny/crossref_metadata_2025_split huggingface dataset:
Governing Spaniards, 1943–73
Authors: Vincent Mary 
Published: November 2023

Abstract
During the 1940s the Franco regime consolidated its military victory. The nature of this victory made it clear that the power of the ‘New State’ rested on violence and death, yet the completeness of that victory paradoxically created the possibility of later consolidating the regime. For the regime’s longevity cannot be explained by repression: wholesale killing had been abandoned by 1943 and the Falange was a junior partner well before the war in Europe was concluded.
Joining Europe, 1973–2002
Authors: Vincent Mary 
Published: November 2023

Abstract
By 1973, the death knell was sounding for Francoist Spain. España, una grande, libre continued to reverberate through the official insignia of the regime, but much of Spain shared the opinion of the traveller in the jungle who swam unharmed through a crocodile-infested river, chanting ‘Spain, One, Great, and Free’—a claim the crocodiles couldn’t possibly swallow.
Industry and the Urban Economy
Authors: Daunton Martin 
Published: November 2023

Abstract
In Hard Times, Charles Dickens presented a graphic picture of a northern industrial town as he imagined it in the early 1850s: It was a town of red brick, or of brick that would have been red if the smoke and ashes had allowed it ... It was a town of machinery and tall chimneys, out of which interminable serpents of smoke trailed themselves for ever and ever, and never got uncoiled. It had a black canal in it, and a river that ran purple with ill-smelling dye, and vast piles of building ... where the piston of the steam-engine worked monotonously up and down, like the head of an elephant in a melancholy state of madness. It contained several large streets all very like one another, and many small streets still more like one another, inhabited by people equally like one another ... to whom every day was the same as yesterday and tomorrow, and every year the counterpart of the last and the next.
Free Trade and Protectionism
Authors: Daunton Martin 
Published: November 2023

Abstract
‘What an extraordinary episode in the economic progress of man that age was which came to an end in August 1914!’, exclaimed Keynes from the very different world of the 1920s: The inhabitant of London could order by telephone, sipping his morning tea in bed, the various products of the whole earth, in such quantity as he might see fit, and reasonably expect their early delivery upon his doorstep; he could at the same moment and by the same means adventure his wealth in the natural resources and new enterprises of any quarter of the world, and share, without exertion or even trouble, in their prospective fruits and advantages. [He] could then proceed abroad to foreign quarters, without knowledge of their religion, language or customs, bearing coined wealth upon his person, and would consider himself greatly aggrieved and much surprised at the least interference.
Capital Exports
Authors: Daunton Martin 
Published: November 2023

Abstract
IN 1930, Keynes was in little doubt that international capital flows were harmful to British welfare: I believe that laissez faire in foreign lending is utterly incompatible with our existing wages policy. For if individuals are entirely free to lend their savings without discrimination in whatever quarter of the world they obtain the greatest reward ... the proportion of the joint product which we award to labour as compared with the proportion which we award to capital cannot be greater here than it is in other parts of the world ... relatively to its efficiency .. .. Either we shall be in a state of chronic disequilibrium ... or we shall have to force down wages in England until capital gets the same proportion of the product as in Germany.
Rebuilding the International Economic Order?
Authors: Daunton Martin 
Published: November 2023

Abstract
All of us have seen the great economic tragedy of our time. We saw the worldwide depression of the 1930s. We saw currency disorders develop and spread ... In their wake, we saw unemployment and wretchedness ... We saw their victims fall prey, in places, to demagogues and dictators. We saw bewilderment and bitterness become the breeders of fascism, and, finally, of war. (Henry Morgenthau, United States Secretary of the Treasury, 1944) These reflections on the collapse of the international economy opened the Bretton Woods conference, where representatives of forty-four countries came together to rebuild the world’s monetary system. The guiding ambition was to prevent a recurrence of ‘beggar my neighbour’ devaluations and a retreat into trade blocs. The Americans wished to reinstate monetary stability and multilateral trade— and their immense economic power at the end of the war allowed them to set the agenda.
Births and Marriages
Authors: Daunton Martin 
Published: November 2023

Abstract
When Malthus published his Essay on Population in 1797, fears of over-population and demographic disaster were causing alarm. By the 1830s, concern had receded: the people had not slumped into complete misery, and agriculture could sustain a much larger population without famine. Nevertheless, trade unionists still saw a solution to low wages in the encouragement of emigration, helping to reduce competition for jobs and increase their bargaining position. The Malthusian League, created in 1877, offered another approach: the encouragement of birth control. These neo-Malthusians insisted that no other solution to poverty was possible or desirable.
Death and Disease
Authors: Daunton Martin 
Published: November 2023

Abstract
In 1861, Prince Albert died at the age of 42— popularly thought to be a victim of typhoid. Not even the most influential members of British society were immune from an early death caused by pollution and infectious disease. His widow, Queen Victoria, continued to mourn until her own demise in 1901, and death and its rituals were central to Victorian culture. Novels, poems, biographies, and pictures featured countless death scenes, watched over by family members. An elaborate ritual ensued: a vigil and last visit; the draping of windows; the wearing of mourning clothes and jewellery; the use of black-bordered writing paper; a funeral procession, followed by interment and frequent visits to the grave. Only the monarch could go to the elaborate extremes of the Albert memorial, but many of her subjects did their best with stained glass windows and memorial plaques.
From the Poor Law to the Welfare State
Authors: Daunton Martin 
Published: November 2023

Abstract
All societies experience social risks and attempt to resolve them in a variety of ways. Death is a universal experience. Employment varies across the seasons and trade cycle. Work itself poses risks of accident and disease. Child bearing was risky, with high levels of maternal mortality; and infancy was extremely dangerous. Husbands might become widowers with young children; wives could be widowed and left to support the family; children faced growing up in single-parent families or as orphans. Self-employed professionals or traders experienced business failure or illness which could lead to genteel poverty or worse. The risks were myriad and ever present.
Stare Decisis
Authors: Cross Rupert , Harris J W 
Published: November 2023

Abstract
According to the preliminary statement of the English doctrine of precedent in Chapter I, a court is bound to follow any case decided by a court above it, and appellate courts (other than the House of Lords) are bound by their previous decisions. What is meant by saying that a court is ‘bound to follow a case’ or ‘bound by a decision’? In this context, according to orthodox theory, ‘case’ and ‘decision’ mean ratio decidendi. In other contexts they may respectively mean a particular piece of litigation, and the judgment or order of court by which that litigation is determined. ‘Judgment’ is also a word of many meanings. It may signify a court order as when we say that A got judgment for £100, it may signify everything said by a judge with regard to the grounds for making an order (the entirety of his opinion including statements of fact and obiter dicta), or it may be used synonymously with ratio decidendi. The fact that words such as ‘case’, ‘judgment’, or ‘decision’ may all be used to mean the ratio decidendi of a case sometimes leads to the confusion of ratio decidendi with res judicata, i.e. the confusion between the effect of a decision from the point of view of subsequent litigation involving different parties, and its effect on the parties to the dispute. They are generally estopped from raising the same issue at a later date.
Precedent and Judicial Reasoning
Authors: Cross Rupert , Harris J W 
Published: November 2023

Abstract
This chapter begins with a consideration of the extent to which judicial reasoning about law may be properly described as either ‘deductive’ or ‘inductive’. The question is probably less significant than the frequency with which it is raised suggests, but the discussion makes it possible to bring into relief certain features of English case-law which have a bearing on the application of precedent. The rest of the chapter is primarily concerned with reasoning by analogy. A few remarks were made on this topic in Chapter I, and it is now proposed to consider this feature of the English doctrine of precedent in greater detail. The subject is an important one because it is principally by means of such reasoning that the judges have developed a coherent body of law. Having ascertained the ratio decidendi of a previous case, and having, where necessary, interpreted that case in the light of other decisions, they must decide whether to apply it to the facts before them.
The Future
Authors: Cross Rupert , Harris J W 
Published: November 2023

Abstract
Precedent rules are based on the practice of the judges. The basic rules set out on page 6 seem firmly established. In particular, the rule that intermediate appellate courts are generally bound by their own decisions has not been questioned since the decision of the House of Lords in Davis v. Johnson. Nevertheless, the view has been expressed in the Privy Council that opinions of the supreme tribunal on such a question cannot constitute the ratio decidendi of any case and are not therefore strictly binding. One cannot rule out the possibility that, at some future date, a full court of the Court of Appeal will decide to abrogate or modify the rule in Young v. Bristol Aeroplane Co. Ltd. What the reaction of the House of Lords would be to such a move, and what the final upshot, must remain matters of mere conjecture. All one can say is that most commentators believe that such a step would be desirable, but it is judicial practice which counts. However, precedent rules, like other features of judicial practice, are the subject of constant incremental evolution. We have seen how existing exceptions to stare decisis have been recently widened. Future developments may throw light on many of the unsettled questions mentioned in Chapter IV. In particular, it is to be hoped that a definite rule will emerge as to whether the Court of Appeal is bound by decisions of two-judge courts, as to the scope and applicability of the per incuriam exception, and as to whether there is or is not a general exception of obsolescence.
The Welfare State, Social Security, and Social Citizenship Rights
Authors: Harris Neville 
Published: November 2023

Abstract
Analysis of social security law is often concerned with the detail of individual entitlement in specific circumstances and with the mechanisms for challenging decisions. Continuing legal analysis of this nature is indeed essential given the high level of complexity and, at times, obscurity, which characterises the present law, and which is in part the result of its frequent and often piecemeal amendment. There is, moreover, a need for a practical focus, as social security law impacts so directly on the lives of those in need of welfare benefits. I however, when exploring an area of the law such as this where legislation is an instrument of government social policy, a degree of abstraction is necessary in order to understand the nature of the rules under consideration and to appreciate their overall effects.
Social Security Prior to Beveridge
Authors: Harris Neville 
Published: November 2023

Abstract
This is the first of three chapters tracing the historical development of the social security system. It is important for anyone attempting to make sense of the present social security system and its elaborate legislative and institutional framework to understand the evolution of the major areas of social security provision and be familiar with the key landmarks-primarily the major policy initiatives and pieces of legislation-along the way. In analyzing these developments it is particularly necessary to take account of the political context in which they have taken place, particularly (as in Chapters 4 and 5) the Labour Party’s social democratic welfare state programmes of the immediate post-war period and the emergence and domination of the ‘New Right’ Conservative ideology which embraced the rationalisation of welfare in the 1980s and much of the 1990s.
Social Security and Housing
Authors: Raiiilly Simon 
Published: November 2023

Abstract
It has long been government housing policy to ensure that everyone has a decent home at a price that they can afford.To this end, government expenditure has included subsidies to providers to help keep their costs down, and to consumers through tax relief (which has only been available to owners) and housing assistance paid within social security. The tremendous variation in housing costs between and within regions has meant that it has always been difficult to devise a national social security scheme that is both affordable to the nation and which also ensures that housing is affordable to individual households. The present arrangements include means-tested housing benefit to assist with rent charges (currently paid to some 4.5 million people), and means-tested council tax benefit for assistance with council tax (of which there are over 5 million recipients/ Both are administered by local authorities (though the financial and legal framework is determined by central government). By contrast, assistance with mortgage costs is via the means-tested benefits income support and JSA, which are administered by the Benefits Agency. This chapter examines the legal provisions for all three types of housing assistance, in the light of cur rent policy issues and concerns.
The Character of Unit Trust Relationships
Authors: Sin Kam Fan 
Published: November 2023

Abstract
The foregoing chapter has argued that the trust cannot, but the contract can, explain the tripartite relationships found in the unit trust; that the unit trust has its genesis in the contract; and that the trust is simply part of the contract creating the unit trust. The conclusions that follow must be that the parties’ rights and liabilities fall primarily within the domain of contract law and that, insofar as a trust relationship has been created by the unit trust contract between particular parties, trust law also operates.
Introduction
Authors: Sanders Anselm Kamperman 
Published: November 2023

Abstract
This book focuses on competition law concerning issues of intellectual prop erty and related intangibles. The subject matter discussed in the book comprises formally recognized forms of property, such as copyright, patent, and trade mark, but it predominantly focuses on all related forms of, commonly termed, quasi-property rights and interests or badges of trade. The term ‘badge of trade’ is therefore applied to all the subject material that does not enjoy formal recognition as an intangible of intellectual property.
Applying the General Principle in Particular Circumstances
Authors: Sanders Anselm Kamperman 
Published: November 2023

Abstract
In the previous Chapter we saw the legal basis of unfair competition law in all its guises. We identified the problems associated with pre-emption and described the rationale behind a general provision against unfair competition. In this Chapter the diverging attitudes towards and views on the justification for decisions in cases of unfair competition will be discussed. The steps that are taken in a judicial process to go from a general norm to the specific implementation of a general rule on a particular set of facts will be covered. Property theories and policy considerations are at the heart of the establishment of a legal rule in unfair competition cases. The questions asked in this Chapter are whether these criteria are sufficiently objective to legitimize a decision, how this decision-making process works, and whether there are sufficient grounds to move beyond the universal norm that leads to tortious liability for the creation of confusion or avoidable confusion in the market-place.
Shaping a New Action of Malign Competition
Authors: Sanders Anselm Kamperman 
Published: November 2023

Abstract
This Chapter explores the possibility of shaping a novel action based on the existing principle of unjust enrichment. Because the principle of unjust enrichment will feature extensively in the latter part of the book and because the recognition of the principle has been fraught with difficulty in the common law systems, the Roman antecedents of the action based on it, its development and theoretical justification will be covered first. Then the development of the doctrine in English law will be described. From section 3 onward the place of the doctrine of unjust enrichment in unfair competi tion law is discussed. The practice of justification by means of property theories of protection in unfair competition cases beyond the recognized categories of tortious liability is finally abandoned and the possibility for a novel approach emerges.
Cognizance in Malign Competition
Authors: Sanders Anselm Kamperman 
Published: November 2023

Abstract
With the doctrine of unjust enrichment as a feasible alternative for tortious liability, the action for malign competition hinges on the level of cognizance the defendant posesses, so that a truly innocent market participant is not faced with unexpected claims. For this purpose a detailed proposal for a general tort of malcompetitive copying will be described in order to show the weaknesses that prevail in a system in which the application of the doc trine of unjust enrichment is modified to protect market participants against unexpected claims. To this end proprietary claims by means of tags are relied on to shift the basis of liability from unjust enrichment back to tort.
Cognizance in Intellectual Property Law
Authors: Sanders Anselm Kamperman 
Published: November 2023

Abstract
In this Chapter English copyright cases that involve the use of constructive knowledge criteria are discussed. The reason is that English law involving the constructive trust is marred by the need to establish fraud. This Chapter serves to demonstrate that principles of constructive knowledge are applied in intellectual property law without the need to establish fraud. As such it strengthens the case for the use of constructive knowledge criteria without fraud. It also serves to bridge the gap that otherwise exists between trust law and intellectual property law.
Constructive Fiduciaries?
Authors: Smith Lionel 
Published: November 2023

Abstract
Fiduciaries breach their trust with unfortunate regularity. When this hap pens, equity provides a range of legal responses. Moreover, recourse may be available not only against the fiduciary himself, but against those who assisted him. On the other hand, losses are often incurred, through mistake or fraud, without the presence of any fiduciary relationship. The interesting thing is that the litigation arising out of such acts is often framed in terms of fiduciary law. The goals of this Chapter are (i) to examine why this happens; (ii) to assess the continued usefulness of this kind of reasoning; and (iii) to explore whether the law is capable of effectively assisting the victims of fraud and mistake without resort to the fictional discovery of fiduciary relationships.As a starting point, take the typical facts of Bank Tejaratv. Hong Kong and Shanghai Banking Corp. (CI) Ltd.2 The plaintiff was the Iranian state bank. One of its customers, an Iranian company called Acier, had in the past imported steel into .Iran. Acier approached Tejarat to set up a letter of credit for the purchase by Acier of 4,600 tonnes of steel sheets. The letter of credit was opened by Tejarat in the amount of DM 5m, Tejarat taking 35 per cent of this amount up front from Acier. The letter was in favour of CAK (Import/Export) Ltd (‘CAK’), a Jersey company. A few weeks later, CAK sent to Tejarat’s London branch the shipping documents to show that the steel was on the way to Iran. Tejarat then authorised payment on the letter of credit, which was made to CAK via a German bank. Of course, the shipping documents were forged.
A Law Unto Itself
Authors: Susskind Richard 
Published: November 2023

Abstract
The law is at the heart of our personal and social lives, it is the lifeblood of the commercial world and it is central also to our national security. Without law, life in modern Western countries would be unimaginable. It is the most important and pervasive social and political institution in all democracies of today and is the linchpin for all political movements, whether supporting the social engineering of the left or enabling the invisible economic hand of the right. It establishes in all aspects of our lives what we are required to do, what we are prohibited from doing and what we are permitted to do. It guides our conduct and also sets a moral and societal standard against which we can judge the behaviour and activities of others.
The Reregulation of British Broadcasting
Authors: Cave Martin , Williamson Peter 
Published: November 2023

Abstract
Almost everywhere broadcasting is a highly regulated industry. Despite the growth of international, satellite-based broadcasting firms, in most countries the bulk of decisions determining the system of television and radio broadcasting are made by government. Control over the structure of broadcasting is usually exercised by the national government, although the implementation of regulatory functions, such as allocation of broadcasting licences, is often undertaken by an independent regulatory agency. Either the public sector provides broadcasting services directly, or it regulates the number, type, and conduct of companies in the industry. There is, however, no universal model for the structure, regulation, and operation of broadcasting. The degree to which television and radio broadcasting is centralized/ decentralized, commercial/ noncommercial, and regulated/unregulated differs among countries, the outcomes being a product of the historical, ideological, and political forces in each national setting.