bluuebunny/crossref_metadata_2025_split huggingface dataset:
Autonomy and the Rule of Law*
Authors: Sedley Mr Justice 
Published: October 2023

Abstract
We are by now well past the era when law could be perceived and taught as a self-sufficient and self-referential et of rules, elucidated where necessary by textual scrutiny and judicial precedent and applied to facts ascertained by a judge with an aquiline eye, sharpened to the point of infallibility by years of experience at the Bar, for falsehood and prevarication, or by a jury of English yeomen with much the same virtues. Such an account of autonomy required a range of unspoken assumptions, most of them lying beyond my present topic, about the nature not only of law but of adjudication. I mention them in order to draw the contrast with what I want to consider: the need for a society which acknowledges the rule of law to have an independent legal system, and the need in a democracy for such a legal system to be responsive to social concerns without being driven by them.
Introduction and Overview
Authors: Jackson John H , Sykes Alan O 
Published: October 2023

Abstract
The treaty creating the World Trade Organization is perhaps the most important development in international economic law since the Bretton Woods Agreement. The broad scope of the WTO Agreements, from trade in goods to trade in services to intellectual property to investment, along with the newly created Dispute Settlement System to administer them, has the potential to transform international economic relations in many ways. But the extent of this transformation will rest chiefly on the faithful implementation of new international legal obligations in the domestic law of each member country, and on the ability of WTO members to pursue further fruitful negotiations on a range of issues. This book is the culmination of a two-year project to examine this task of negotiating the Uruguay Round Agreements and implementing these historic accords in national Jaw.
The Operative Closure of the Legal System
Authors: Luhmann Niklas 
Published: October 2023

Abstract
The topic of this chapter proceeds under the heading of the ‘positivity’ of law in legal theory and its ancillary literature. Since Bentham’s polemics on the absurd theories of reason in the common law and since the philosophical polemics on the impractical attempts to build the principles of law on the basis of transcendental theories (Feuerbach, Hugo), modem law has described itself as positive law. The remaining disputed question is: whether law in the way in which it is valid needs a further reason or ‘legitimacy’. The status of such a further reason as it relates to law internally is unclear. Of course, one can talk about a political and moral assessment of valid law. However, a legal system that acknowledges another law that does not need to be grounded in positive law, alongside positive law, provides a reason for resistance to positive law. Understandably, most refrain from such a proposition-with the exception of some extreme theories.
Five Puzzles in von Hirsch’s Theory of Punishment
Authors: Bottoms Anthony 
Published: October 2023

Abstract
Andrew von Hirsch’s approach to sentencing theory, developed and refined in his three distinguished books Doing Justice (1976), Past or Future Crimes (1986) and Censure and Sanctions (1993), has been immensely influential, both in the academy and-directly or indirectly-in sentencing reforms in several legal jurisdictions. I am glad to count myself among the many who have found this body of theory both exciting and largely persuasive.
Barristers, Politics, and the Failure of Civil Society in Old Regime France
Authors: Bell (Johns Hopkins University) David A 
Published: October 2023

Abstract
I resolved to write only on matters of the sort that belonged particularly to the philosophe or literary jurist; to lift these cases, as much as I could, to their true dignity, and when they bore on a possible reform of the laws, to examine the law itself along with the case, and to amass the materials for improved legislation … In point of fact, I was hardly a barrister except in name. Pierre-Louis de Lacretelle, Un Barreau Extérieur á la fin du XVIIIe siécle (1823).
Builders of Liberal Society: French Lawyers and Politics
Authors: Karpik Lucien 
Published: October 2023

Abstract
The sociology of lawyers, which has long been built on Anglo-Saxon reality, or rather on a particular representation of this reality, has conceived the profession as a community whose organization and privileges revolved around service relations or as an economic agent seeking to control the market while remaining aloof from politics. The last ten years, however, have seen the active rehabilitation of the political orientation. From this perspective, French lawyers occupy a crucial position. Over the long term—from the beginning of the eighteenth to the mid-twentieth century—their relationship with politics has been so fundamental that the professional actor and the political actor have become one, in other words the relationship has become so close-knit that the ‘profession’ has come to designate both a craft and a political movement.
Lawyers and Political Liberalism in Eighteenth- and Nineteenth-Century England
Authors: Pue W Wesley 
Published: October 2023

Abstract
Daniel Duman concluded his intriguing study of the English and Colonial Bars in the nineteenth century with the observation that despite rapid increases in admissions to the four Inns of Court between 1835 and 1885 ‘severe overcrowding at the English bar’ was avoided by the fortuitous ‘emergence of new employment opportunities in the public service and in the law itself’. Opportunities relating to ‘directing the economy and society’, legal advice, colonial service, and business helped to stave off the ‘threat of unemployment’. According to Duman this, in tum, had a significant political consequence in that the rosy career prospects for lawyers helped to produce relative political stability in nineteenth-century England.
Theories of Law in Policing
Authors: Dixon David 
Published: October 2023

Abstract
In literature and debates on policing, it is possible to distinguish three significant conceptions of the relationship between policing and legal rules: legalistic-bureaucratic; culturalist; and structural. This Chapter provides a critical analysis of them. They are not formal conceptual models: works to which reference is made seldom fit neatly within these categorizations, and the examples are not intended to provide an exhaustive taxonomy. Rather, the intention is to draw attention to a variety of emphases in policing studies. This Chapter will outline these conceptions, paying particular attention to a variety of structural accounts. The concluding chapter will return to these themes in an attempt to synthesize and develop elements of them.
Policing by Law and Policing by Consent
Authors: Dixon David 
Published: October 2023

Abstract
As suggested in Chapter 2, the adoption of techniques of legal regulation has become increasingly common in attempts to change and control policing in a number of jurisdictions (including Australia, Canada, the United States, New Zealand, Scotland, England and Wales). The general aim is the extension (or formalization), clarification, and specification of police powers and of suspects’ rights. My concern here is with a major issue which the strategy of legal regulation has not yet adequately faced-the problem of consent. Police officers may be able to achieve their objectives (e.g., to interrogate or to search) not by using a legal power, but by securing the ‘consent’ of the suspect or other subject of their attention.
The Legal (Non)Regulation of Custodial Interrogation in New South Wales
Authors: Dixon David 
Published: October 2023

Abstract
This Chapter deals with the ways in which New South Wales police have conducted criminal investigation ithout legislative authority to detain suspects between arrest and charge. Research for it began as a study, by observation and interviews, of policing in NSW. However, the principal focus is not on the police: the need soon became clear to locate policing in the legal environment provided by the courts and the legislature. As will be seen, New South Wales provides a strong case for McBarnet’s argument that attention should be shifted from those who administer the law to those who make it (1976: 199; see Ch. 1, above).
Questions in Legal Interpretation
Authors: Bix Brian 
Published: October 2023

Abstract
Philosophers in a variety of fields have recently put forward theories in which practice has a significant role within the analysis. Most of these theories, to a greater or lesser extent, are inspired by Wittgenstein’s later writings. The tum to practice-based theories has occurred, if unevenly, in jurisprudence as well. The first part of this paper considers some of H. L. A. Hart’s early work, aspects of which may be better understood if seen as an early attempt at a practice-based approach to law. In passing, possible connections and parallels between that work and Wittgenstein’s writings will be considered. The second part of the paper analyses questions about legislative intention and Ronald Dworkin’s interpretative theory from the point of view of a practice-based approach.
The ratio decidendi of the Case of the Prodigal Son
Authors: Twining* William 
Published: October 2023

Abstract
Legal scholars and law students are not the only people who should be grateful to Brian Simpson. He has made important contributions to legal history, legal theory, and the study of the common law. He has also been one of the few academic lawyers of his generation to convey to a wider audience the message that the study of law can and should be part of the humanities and of general intellectual culture. Contextual studies of leading cases are Simpson’s special genre, as we have seen in the other chapters of this book. These demonstrate how our subject can not only illuminate many things other than law, but can be fascinating and enjoy able as well.
The Enforcement of Directives in National Law
Authors: Ward Angela 
Published: October 2023

Abstract
Contemporaneously with the evolution of rules pertaining to national remedies and procedural rules, related developments in a neighbouring field further intensified the ve1tical reach of Community law into the legal systems of the Member States. Since the mid-1980s, some novel methods have been designed by the Cou1t of Justice to secure the proper application of Directives within domestic legal systems, in accordance with the principles laid down in A1ticles IO and 249 of the EC Treaty.
Freedom of Speech and Representative Government
Authors: Zines Leslie 
Published: October 2023

Abstract
In recent decades similar issues of freedom of speech, expression or communication have come before the courts of several countries. The issues have arisen in the context of applying the provisions of constitutions or international conventions and common law principles. The courts include those of the United States, Britain, Canada, Germany, India, Australia, New Zealand and the European Court of Human Rights. In all these cases the courts have accepted that special regard should be had to freedom of communication on matters pertaining to politics and government which, in the words of the European Court of Human Rights, ‘is at the very core of the concept of a democratic society’.1 I shall be referring to only some of these jurisdictions.
Freedom of Expression in the EU Legal Order and in EU Relations with Third Countries
Authors: Qc Derrick Wyatt 
Published: October 2023

Abstract
The process by which freedom of expression has entered the legal order of the European Union1 and emerged as a value protected by the Union in its relations with third countries has been gradual, and explanation of the process as well as the result seems appropriate. The first stage in the process was the recognition by the Court of Justice of the European Communities of general principles of law binding upon the Community institutions in the performance of their tasks under the Treaties. A further stage was recognition that those general principles included human rights, as evidenced in particular by the European Court of Human Rights. The Court’s case law held that such principles were binding upon not only the Community institutions in the performance of their tasks under the Treaties, but also upon the Member States, when the latter implemented their Treaty obligations, and when they sought to rely upon express or implied derogations from the free movement provisions of the EC Treaty. Once an even indirect and evidentiary role for the European Convention on Human Rights was established, it was inevitable that freedom of expression would find its place in the legal order of the Community system, since Article 10 of the European Convention guaranteed freedom of expression.
Linkage Between Access to Information and judicial Review
Authors: Lewis Clive 
Published: October 2023

Abstract
This paper considers the extent to which the substantive principles of public law and more particularly the process of and procedure of judicial review encourages or requires openness and transparency on the part of decision-makers. Openness can involve two separate issues: namely, the giving of reasons for why a particular decision has been reached and also the disclosure of documents or other primary material used in a decision-making process. A number of theoretical and practical justifications have been advanced for the giving of reasons, including improving the quality of decision-making and the rights of the individual concerned. These reasons have been well canvassed in the literature.1 From the point of a court engaged in judicial review, however, the most pressing justification is the need to know why a particular decision has been taken. Absent some indication of the reasoning under lying a decision, the courts will, in practice, have difficulty in identifying whether or not the decision is flawed by some reviewable error.
Integrating Justice
Authors: Parker Christine 
Published: October 2023

Abstract
Weaving together the four waves of reform that access to justice researchers and policy-makers have developed over the last thirty years achieves modest improvements in access to justice. The first wave focuses on helping people enforce their traditional legal rights adequately in the courts. Its strategy is to provide more state-employed lawyers in an attempt to expand the scope of formal legal services. The second wave is concerned with using social movement politics to change the law, court procedures, and ultimately society so that this access becomes more meaningful. It advocates the employment of more lawyers by institutions of civil society to reform formal legal institutions.
Sources of International Law and the Control of Infectious Diseases
Authors: Fidler David P 
Published: October 2023

Abstract
The diplomatic efforts to control infectious diseases create a rich set of material to use in considering international law and infectious disease control. This chapter deepens the understanding of how international law has developed in this area over the course of approximately 150 years. The sources of international law provide the framework for this analysis because this chapter focuses on how infectious disease control has been reflected in the international legal tools available to States and international organizations.
Introduction to securities, interests in securities, the Securities markets and settlement*
Authors: Benjamin Joanna 
Published: October 2023

Abstract
The central idea in this book is that interests in securities are legally distinct from securities. Securities are a type of transferable financial asset. The meaning of the term ‘securities ‘has varied over time. Originally the term was used to denote security interests(such as mortgages and charges) supporting the payment of a debt or otherobligation. In the early modern period, companies and government agencies began to raise capital from the public by issuing transferable debt obligations; there payment of these debt obligations was secured on the assets of the issuer.
International and UK Securities Settlement1
Authors: Benjamin Joanna 
Published: October 2023

Abstract
Settlement is the process whereby (interests in) securities are delivered from per- son to person, usually against payment, in order to fulfil contractual delivery obligations such as those arising under contracts of sale and collateral arrangements. Chapter 1 provided a brief overview of settlement, and considered the different types of electronic arrangements that have been developed in order to facilitate settlement. It argued that where the interests of participants in settlement systems are intermediated and commingled in the course of electronic settlement, such arrangements alter the nature of the asset of the participant. This asset consists, not of securities held directly from the issuer, but rather of unallocated and indirect interests constituting intangible assets, which the author has called interests in securities. Chapter 2 considered the legal nature of interests in securities. Chapter 13 will argue that they confer property rights as against the intermediaries through whom they are asserted.
British Pressure Groups and the European Community
Authors: Philip Alan Butt 
Published: October 2023

Abstract
Membership of the European Community has not only led to significant constitutional and organizational changes for British government, it als’l introduced a major new area of work for non¬ governmental bodies representing British interests. This brought about big organizational changes for many UK pressure groups and caused them to rethink their lobbying strategies to include a European dimension. This process of integration into Community decision-making attracted only limited attention in the early years of British membership, although it has in fact been continuing slowly from the 1970s onwards. Such changes did not all occur in the immediate aftermath of UK accession. 1
Causes and Functions of By-Elections
Authors: Norris Pippa 
Published: October 2023

Abstract
The primary purpose of Parliamentary by-elections is to replace members in constituencies which fall vacant between general elections, but these contests can serve a range of other functions with an impact on Parliament, political parties, and election campaigns. By-elections can have significant consequences for the recruitment of new blood to the House. There have been almost 400 contests since the war and during some Parliaments there has been as much as a 10 per cent turnover of members through by-elections. By elections have allowed parties to bring back leading front-benchers defeated in the previous general election, such as Harold Macmillan in 1945, Anthony Barber in 1965, and Shirley Williams in 1981. This route into Parliament has become more significant in recent years given the increased safeness of incumbent MPs (Curtice and Steed 1986).
BY-Elections, 1966-1979
Authors: Norris Pippa 
Published: October 2023

Abstract
From the start of Harold Wilson’s second term of office the government started losing by-election seats in rapid succession. The years of this administration proved a watershed in British by-election his tory: out of 37 contests the government was defeated in almost half. The Labour government, returned to office in April 1966 with a comfortable majority of 97, ran into serious trouble within four months. In early 1966 the government faced increasing economic problems with speculation against sterling, the mounting balance of payment deficit, and the seamen’s union on strike. To tackle the economic problems the government introduced a series of unpopular measures: the wages freeze in July 1966 to bring down inflationary pressures, the devaluation of the pound in November 1967, and reductions in public expenditure on defence, education and health.
Future Neutrality?
Authors: Holbraad Carsten 
Published: October 2023

Abstract
WHILE the 1980s, as we have seen, brought an accentuation of the neutralist tendencies in Danish foreign policy, the 1990s have opened with a fresh commitment to solidarity and co-operation in both alliance and Community policy. In regard to NATO, the change of course had already started in the later part of 1988. When the Radical Liberals, after the election in May of that year, joined the right-of-centre coalition government, the centre-left parliamentary majority on security issues disappeared. That put an end to the long series of parliamentary resolutions which for half a dozen years had constrained the minority ornament to follow the so-called footnote policy at NATO meetings. Later in the year, the four old political parties managed to restore the broad agreement on security policy on which Danish alliance policy had rested in the previous decades. The Social Democrats joined the government in passing a defence agreement for the 1989–91 period as well as a resolution setting up an ad hoc defence commission to report on the long-term goals and needs of the Danish armed forces. When that commission reported, in January of 1990, only the Socialist People’s party dissented. The report rested on the assumption of continued Danish membership of NATO and acknowledged the importance of the solidarity of the alliance, particularly in a period of significant arms reduction negotiations.1 The current commitment to NATO may also be detected in the results of public opinion surveys, which in the summer of 1990 still showed an overwhelming majority in favour of membership, and less than 20 per cent against.
‘Rule, System, and Technique’: Reconstructing Turkish Folk Music
Authors: Stokes Martin 
Published: October 2023

Abstract
Many folk musicians claim that the value of their music lies in the fact that it is free from abstract and arbitrary rules. For Gokalp, ‘Turkish music consists of melodies, unfettered by rule, system, and technique (kaidesiz, usulsuz, fensiz), of sincere songs which express the heart of the Turk’.1 At the same time, rules, systems, and techniques are not only implicitly recognized, but explicitly taught. A way of talking about music as though it were systematic has been created under the social and historical circumstances described in the last chapter. The relationship of this language to what it purports to describe is complex, but provides an important key to the arabesk debate.
Northern Ireland, 1921-1929: A Failed Consociational Experiment
Authors: O’Leary Cornelius 
Published: October 2023

Abstract
In the second decade of this century the British Liberal government was faced with an apparently intractable problem in Ireland-the fact that the Unionist majority in the province of Ulster seemed determined to carry opposition to the modest measure of Home Rule Parliament demanded by the overwhelming majority of the rest of Ireland to the point of civil war; so it searched desperately for what would nowadays be called a consociational formula. Various devices to conciliate the minority were considered-a qualified veto on legislation and additional members nominated by the government-but the device most widely supported was the Hare method of proportional representation, the single transferable vote (STV). This was canvassed by an influential pressure group, the Proportional Representation Society, first in submissions to the Royal Commission on Electoral Systems (1910) and then specifically in relation to the all-Ireland legislature envisaged in the Home Rule Bills of 1910, 19u, and 1912.