bluuebunny/crossref_metadata_2025_split huggingface dataset:
Prisons, Prevention, and Privatization
Authors: Windlesham Lord 
Published: November 2023

Abstract
When the Leeds Castle seminar was charting the future in September 1987, the remand population in England and Wales stood at 11,655 untried and unsentenced prisoners, including those held in police cells. Of these 11,227 were male and 428 female, with somewhat more than two-thirds (7,944) aged twenty-one or over, and 3,711 under twenty-one. If bail is refused, the case must come back before the court, normally at intervals of not less than eight days, until it is disposed of by the Magistrates’ court or committed for trial at the Crown Court. To reduce the often lengthy periods spent in custody awaiting trial, time limits were introduced in October 1991 of fifty-six days from first appearance to trial in the Magistrates’ court, and seventy days from first appearance before the magistrates to committal to the Crown Court.
Life Imprisonment: A Sentence Nobody Can Understand?
Authors: Windlesham Lord 
Published: November 2023

Abstract
The mandatory penalty of life imprisonment, denying the trial judge any sentencing discretion when an accused person is found guilty of murder, replaced the mandatory death penalty more than a quarter of a century ago. Overshadowed by the great debate on the morality and expediency of capital punishment, the form of the alternative penalty for the crime of murder was not widely discussed. It was, however, raised in the House of Lords, and the Lord Chief Justice of the day, Lord Parker of Waddington, although previously a supporter of capital punishment, argued against an inflexible penalty of life imprisonment which the sentencing court was bound to impose irrespective of the circumstances leading up to the crime. When the abolition bill was in Committee in the Lords, Parker pressed the point and narrowly carried an amendment giving the trial judge discretion to mark the gravity of the offence and signify the public feeling of revulsion by passing whatever sentence, whether determinate or indeterminate, he believed to be necessary after having taken account of any mitigating or aggravating factors.
Introduction
Authors: Kelly P J 
Published: November 2023

Abstract
The standard criticism of utilitarian theory in the recent literature is that it cannot provide an adequate account of individual rights and entitlements, and therefore fails to accord due respect to persons. This criticism is not new, but has recently been given a significant restatement in the writing of John Rawls. Rawls argues that utilitarian moral theory adopts the model of individual prudential rationality as the framework for rational social choice. Therefore, just as the individual agent can discount various present satisfactions in favour of future well-being, so it is argued the utilitarian legislator or the impartial spectator can discount the interests of some individuals in favour of the interests of others. Against this Rawls argues that individual agents are unique autonomous sources of value which cannot be discounted against one another. Underlying his argument is an intuitive belief in the moral priority of persons and their rights over any conception of social welfare or well-being. Consequently, Rawls argues that utilitarian moral theories cannot make sense of distributive justice because they are concerned with maximizing overall benefits irrespective of how they are distributed.
Subsistence, Abundance, and Equality and the Conditions of Stability
Authors: Kelly P J 
Published: November 2023

Abstract
Al Though security enjoys a primary role within Bentham’s theory of justice, he also acknowledged three other sources of utility which ought to concern the legislator in his construction of a utilitarian principle of right. The last chapter explained the importance of security of expectation within Bentham’s political morality, this chapter, by concentrating on the objects of subsistence, abundance, and equality, will show that Bentham’s conception of security of expectation does not entail only negative rights, that is, rights not to be interfered with in certain crucial respects. It will be argued that subsistence and equality incorporate positive rights or rights to certain specific benefits into Bentham’s distributive principle by connecting these rights with the essential conditions for a stable social order, and thus security of expectation. This is consistent with an interpretation of Bentham’s benefit theory as a version of an interest theory of rights. It will become clear that Bentham’s theory of rights, where the benefits are specified in terms of the protection of the conditions of personal continuity and coherence and interest formation, is closer to contemporary interest¬ based theories than is recognized by most commentators. Given the utilitarian principle underlying Bentham’s principle of justice, there are no a priori reasons why he should be concerned solely with negative rights which protect the individual from interference.
The Security-Providing Principle
Authors: Kelly P J 
Published: November 2023

Abstract
The emphasis placed in the last two chapters on the importance of securing expectations and maintaining social stability as the conditions of maximizing social well-being, appears to give Bentham’s argument a conservative character. However, to see his political morality in this light would be a grave error for he was not simply concerned with social stability as such (though in times of crisis he preferred the stability of the social order however conceived to the threat of anarchy), but rather with the stability of a pattern of expectation which provides a framework of certainty within which each individual can secure his own conception of well-being.
Unfinished Business: Integrating Equity
Authors: Beatson J 
Published: November 2023

Abstract
Forty years ago, in his important Rosenthal Lectures,1 Professor Dawson showed that the prevention of unjust enrichment as a distinct and independent principle tends to be recognized late in the development of any legal system, after provision has been made for the primary institutions through which society is organized. It has to struggle for a place in the legal firmament because, as a latecomer, ‘it cuts across other principles already expressed in doctrines and reinforced by rules’.2
What is a Medical Decision?*
Authors: Kennedy Ian 
Published: November 2023

Abstract
It is a distinct honour and privilege to deliver this year’s Astor Lecture, an institution created to honour the memory of Viscount Astor and his benefaction to the School. I was kindly warned by the Dean that my audience would range from eminent doctors to beginning medical students to interested non-medical observers. I have tried to respond to this warning by choosing a topic on which we all have our views. If I can reciprocate and issue a warning myself, it is to remind you that I am a lawyer. You need to be warned of this, not only so that those of you who have previously fallen foul of lawyers may reach for your hypertension tablets or switch off your hearing-aids, but also because, since I am an outsider, I may say things which are rarely heard in the hurly-burly of medical life.
A Husband, a Wife, and an Abortion*
Authors: Kennedy Ian 
Published: November 2023

Abstract
It is rare that a completely novel issue falls for determination by the High Court. Patonv. Trustees of BPAS I was just such an occasion. It fell to Sir George Baker P., sitting as an additional judge of the Queen’s Bench Division in Liverpool. A husband petitioned the court to enjoin the British Pregnancy Advisory Service and his wife from terminating her pregnancy by abortion. The wife was pregnant by her husband, but wished to have an abortion despite his opposition. Counsel for the husband conceded the novelty of the claim. At the end of counsel’s submission, Sir George Baker P. held that the ‘claim for an injunction is completely misconceived and must be dismissed’. In his short judgment, he brushes aside the legal arguments made on the husband’s behalf. Indeed, it is a classic English common-law judgment, long on common sense and respect for the realities of life and short on the various tempting nice points of law.
The Doctor, the Pill, and the 15-year-old Girl*
Authors: Kennedy Ian 
Published: November 2023

Abstract
In this article I shall investigate the ethical and legal implications of prescribing oral contraceptives to young girls. This is a matter both of topical interest and of great concern. It is part of a wider debate about the relationship between parents and their children, particularly in their dealings with others. I have chosen to examine it here, however, because, in addition to its intrinsic importance, it is an issue which demonstrates how law and moral philosophy may intersect and interact with medicine.I hardly need to say that this is an issue on which people have strongly held views. My aim here is to present a scheme for understanding and analysing the problems involved, and to explore ways of arriving at answers. Since the answers must be ones we can live with, this will also mean, of course, that I shall have to explore the implications of some of the answers that others advocate.
The Moral Status of the Embryo*
Authors: Kennedy Ian 
Published: November 2023

Abstract
You cannot put genies back into bottles. You can, however, try to make sure that the genies do not go around granting any old wish. You can give the genies some rules.In vitrofertilization, as a method of dealing with infertility, is probably here to stay. But we can still, just about, ask whether the possibilities created by IVF should become practice. I say ‘just about’ because theory is becoming reality with great rapidity, and reality has the habit of becoming practice. ‘The thrust of scientific curiosity in laboratories seems to be outpacing Society’s ability to ask questions’ is how the Timesleader of 24 May 1984 put it.
R.v. Arthur, Re B,and the Severely Disabled N·ew-born Baby*
Authors: Kennedy Ian 
Published: November 2023

Abstract
Legal cases involving medical-ethical issues are few and far between. There has suddenly been a flurry of court cases, however. This is an unusual development. It may reflect the lack of clarity felt by many about what conduct is ethically and legally justified, and the need for guidance. It may also reflect the increased visibility of medical-ethical problems: the more people become aware of the existence and complexity of such problems, the less they can be resolved by private arrangement. R.v. Arthur,decided in November 1981, was concerned with the treatment of a new-born baby with Down’s syndrome, as was Re B.I shall also mention at the end R.v. Reed,3a case concerned not with new-born babies but with the controversy over euthanasia.
Further Thoughts on Liability for Non-observance of the Provisions of the Human Tissue Act 1961*
Authors: Kennedy Ian 
Published: November 2023

Abstract
The law regulating the removal of tissue from human corpses for the purposes, inter alia,of transplantation is found in the Human Tissue Act 1961. This statute has attracted, particularly since the mid-1960s, regular critical comment and demands for its reform. The principal focus of attack has been on the provisions of section 1(2), wherein it is provided that:The person lawfully in possession of the body of a deceased person may authorise the removal of any part from the body for use for the said purposes [therapeutic purposes or for purposes of medical education or research, s. 1(1)] if, having made such reasonable enquiry as may be practicable, he has no reason to believe (a) that the deceased had expressed an objection to his body being so dealt with after his death, and had not withdrawn it; or (b) that the surviving spouse or any surviving relative of the deceased objects to the body being so dealt with.
The Check-out: A Humane Death?
Authors: Kennedy Ian 
Published: November 2023

Abstract
The technical accomplishments of modern medicine mean that doctors can often save the life of someone who in previous ages would have died. Consequently, the doctor may appear to play the role of God, the giver and taker of life.In ‘The Check-out’, lawyer Ian Kennedy investigates the moral and legal problems created by a group of doctors striving to use the ultimate in medical technology to keep a man alive. Finally, the patient himself asked that the doctors kill him: they did so-through a drugs overdose.
Switching Off Life-support Machines: The Legal Implications*
Authors: Kennedy Ian 
Published: November 2023

Abstract
In this paper I am concerned with whether the termination of the use of artificial ‘life-support’ machinery on which a person is being maintained (particularly a ventilator) ever involves a violation of the criminal law amounting to homicide. I shall discuss three situations in which the issue is typically presented: the much publicized, widely known case of the unconscious, dying patient connected to a ventilator; the case of the chronically dependent, conscious patient whose condition is stable-for example, a polio victim; and the temporarily dependent, emergency patient.
Reasonable Care
Authors: Teff Harvey 
Published: November 2023

Abstract
Though more and more medical disputes are reaching the courts, English law still essentially allows doctors to set their own standards. Criticism of this stance, as of medical paternalism itself, centres on the denials of patients' rights. But the interest that patients have in their well-being should not be expressed exclusively through the assertion of rights. Unqualified self-determination and the moves towards contractualism in the restructured NHS may be detrimental to patient welfare. A collaborative approach to medical care can offer distinctive therapeutic advantages as well as due respect for patient autonomy. Increasingly, patients wish to be involved in decisions about their treatment. In the key legal area of liability for negligence it would be consistent with legal principle, and with developments in other jurisdictions, to accord less weight to customary practice and more to patients' reasonable expectations. This book offers a sustained treatment of these issues, primarily as they arise in the hospital setting, but looking too at a range of therapies in different contexts. As such it provides a unique analysis of the central areas of medical law written in a fashion that will be appealing to anyone with an interest in medicine, health care and the law.
Providing Reasonable Care
Authors: Teff Harvey 
Published: November 2023

Abstract
The healing relationship in which doctors and patients are ideally involved has to take account of what doctors can in practice deliver, given the internal constraints and external pressures to which they are subject. If one thing is clear about medical treatment, it is that we would prefer to receive it from doctors than from bioethicists, health economists, or lawyers. The effectiveness of any proposed change in the way medical relationships are conceived, whether legally mandated or promulgated by official bodies within the profession, is heavily dependent on the co-operation of individual practitioners. This is far more likely to be forthcoming if they are genuinely persuaded that proposals can be justified in therapeutic terms. One does not have to be as protective of doctors as Lord Denning was to recognize that the quality of medical care will suffer if those engaged in the highly practical activity of providing it have no faith in what they are doing; if they are required to modify tried and tested routines in ways which they think of as unhelpful to patients and, perhaps, as constituting an implicit challenge to their professionalism and the core values of their calling.
Conclusion
Authors: Gordley James 
Published: November 2023

Abstract
Twice, philosophy has transformed the work of jurists. In the sixteenth century, the late scholastics reorganized Roman law around concepts taken from Aristotle and Thomas Aquinas. Contract law acquired a systematic doctrinal organization for the first time. In the seventeenth century, the founders of modern critical philosophy called into question the concepts on which the late scholastics had built. For a long time, jurists preserved their doctrines while distancing themselves from the Aristotelian and Thomistic philosophy that had inspired them. Eventually they reworked these doctrines by eliminating the concepts of which modem philosophers had disapproved. The results were the will theories of contract.
Japan
Authors: Muntarbhorn Vitit 
Published: November 2023

Abstract
Japan consists of four major and many smaller islands in North¬ East Asia. This country of over 125 million people is densely overcrowded in terms of space, but its economic development is well known, despite shortage of land and natural resources. The image of Japan as projected to the general public is one of dynamism and Western orientation. This has not always been so. Historically, Japan was closed to the outside world until the middle of the nineteenth century. It was in 1853 that US warships arrived in Japan during the Tokugawa period to demand that Japan open its doors to the West.
Appraisal
Authors: Muntarbhorn Vitit 
Published: November 2023

Abstract
In retrospect, the three countries studied in Part Two provide key examples of the reception of refugee law at the national level, in particular the impact of the refugee instruments themselves. The lack of implementing legislation in both China and the Philippines raises questions concerning the effectiveness of these instruments at the local level. Are these countries committed to abiding by these instruments or are they merely paying lip service to them? In the case of Japan, which has implementing legislation, the juxtaposition of immigration law and refugee law embodied in its Immigration Control and Refugee Recognition Act seems anomalous, in that they cater for two different categories of people. The former deals with aliens who are protected by their country of origin, while the latter relates to aliens who are not protected by their country of origin. Yet, there is a thin line between the two laws: a person classified as a refugee falls under the protection offered by refugee law; otherwise the applicant may well fall under immigration law, with all the consequences of immigration restrictions, including deportation to the country of origin or elsewhere.
The American Tort Process
Authors: Fleming John G 
Published: November 2023

Abstract
The American tort system is a unique system in that it possesses many characteristics about which very little is known in the UK, or in Europe. Professor Fleming, a world-famous legal scholar who specializes in tort, has had the opportunity of observing at first-hand the operation of the tort system in many jurisdictions throughout the world. He brings that experience to bear in a penetrating account of the singular way in which the American tort system has evolved and works today.
Legal Costs
Authors: Fleming John G 
Published: November 2023

Abstract
The basic rule prevailing in most countries outside the United States is that the losing litigant must pay not only his own legal costs but also those of the winner, and that such costs include the winner’s attorney’s fee as well as court fees. In Europe this rule can be traced back to Roman origins in the later Empire, but is shared also by English law, where its origins are more obscure. In detail the rules vary considerably from one country to another, on such aspects as grants of discretion, exceptions on grounds of fraud, vexation, delay, or other misconduct, or on grounds of poverty. In some countries fees are officially regulated, in others like England they are freely negotiated between lawyer and client, subject however to taxation by a court official in claims for reimbursement from the losing party.
The Oxford Encyclopaedia of European Community Law
Authors: Toth A G 
Published: November 2023

Abstract
This is the third of three self-contained volumes, making up the Oxford Encyclopaedia of EC Law, a major reference work on the law of the European Community/Union. The first of its kind in any language, it provides an authoritative guide to the interpretation of Community law. The first volume covered Institutional Law, and the second the Law of the Internal Market. This final volume focuses on competition law and policy, with separate entries devoted to competition law in specific business sectors, and other significant areas of competition law, such as exclusive agreements, merger control, state aid, and vertical agreements. A new edition of the volume of the Encyclopaedia covering Institutional Law (first published 1991) will be produced once the fate of the European Constitution has been decided. The entries are arranged alphabetically, and each entry begins with a short definition of a term or concept, followed by a longer and more detailed explanation. The definitions and explanations are based on the Treaties and the legal acts of the institutions (secondary legislation), as interpreted in the extensive case-law of the European Court of Justice and the Court of First Instance, to which full references are made in the text. The book is thoroughly cross-referenced, and each entry is followed by a reading list to facilitate further research. The volume thus contains a comprehensive and detailed coverage of its subject, reflecting the authoritative interpretation of Community law by the Community Courts. There is a full list of entries at the beginning of the volume guiding the reader to the relevant term or concept, making the book easily accessible. There are comprehensive tables of cases, Treaties, international agreements and secondary legislation, plus an Index to the entire volume. Prepared by a team of experts in the field of EC/EU law and competition law and policy, the volume will serve both as a reliable tool for practitioners looking for an authoritative and up-to-date explanation of a subject supported by an extensive citation of cases, and as a starting-point for advanced students or academics wishing to carry out further research in this area of the law.
D
Authors: Toth A G 
Published: November 2023

Abstract
One of three forms of co-operation between undertakings (the other two being: agreements and concerted practices) which are prohibited under Art. 81(1) EC insofar as they may affect trade between Member States and have as their object or effect the prevention, restriction or distortion of competition within the common market. The reason for the inclusion of associations in the prohibition laid down in Art. 81(1) is that undertakings can enter into anti-competitive arrangements not only directly (i.e. by means of agreements and concerted practices) but also through the involvement of their associations. A decision or any other measure taken by an association can easily be used as a substitute for an agreement or a concerted practice between its members for the purpose of co-ordinating their market conduct. If such a decision or measure were not prohibited, undertakings could escape the application of Art. 81(1) altogether (see the opinion of A.-G. Reischl in Cases 209/78 etc. Van Landewyck v. Commission [1980] ECR 3125 at p. 3311 (‘FEDETAB’ cases); see also 24th Comp. Rep. (1994), p. 100). For the above reasons, both the concept of ‘association of undertakings’ and that of ‘decision’ have been broadly interpreted by the Commission and the Community Courts, in the same way as the concepts of ‘agreement’ and ‘concerted practice’ have been broadly interpreted.