bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Lordship of Christ: The Origins of a Construct (1933–1950)
Authors: Way David 
Published: November 2023

Abstract
Kasemann’s work on Paul in the period up to 1950 comprises his dissertation, written under Bultmann, Leib und Leib Christi/ and a number of essays on themes which are, in the main, ecclesiological: the body or Christ as sacrament and as church, the acclamation of the cosmocrator in the Christ hymn of Phil. 2, apostleship, charisma, and the question of prePauline tradition in Rom. :3 24–6. The dissertation itself covers a wide range of topics in the areas of Pauline anthropology and ecclesiology. While Kasemann does not consciously use the lordship or Christ as a theme to unite these early pieces into a Pauline theology, it will be shown that they all contribute to what will be called the lordship of Christ construct. It is a ‘construct’ because it is made up of elements from a wide variety of exegetical discussions, while at the same time being the theologoumenon which stands at the centre of his interpretation. In later chapters it will be seen that this construct is modified by new insights while retaining most of the themes from this earlier period. This is one of the senses in which the lordship of Christ is the centre of Kasemann’s interpretation of Paul both before and after 1950.
God’s Righteousness and the Justification of the Ungodly
Authors: Way David 
Published: November 2023

Abstract
For Käsemann, standing in the tradition of Luther and Barth, the doctrine of justification is ‘the truth of the Christian faith per se’ (Romer ro5h 11, ET modified; cf. EVB ii. 181 f./168; PP 131/74). For him this doctrine is the centre of the New Testament proclamation (PP 114/64), of Paul’s theology, and of Romans (EVB ii. 181 f./168; Romer86/92, cf. 105/I11; also EVB ii. 22/I4, PP 68/36, 74/40, 84/46, 131/74, 135/76, 141/ 80). On these points Käsemann is in agreement with Bultmann2 and this is also the case with the further point that the doctrine of justification is Paul’s true christology. However, this large area of initial agreement quickly becomes the background to a wide-ranging debate over the interpretation of these themes. The starting-point for considering this part of Kasemann’s work is his understanding of the place of the law in Paul’s theology.
Conclusion
Authors: Way David 
Published: November 2023

Abstract
If K ä semann’s interpretation of Paul’s theology in its entirety is surveyed, the consistency of his views across five decades is remarkable. Thus, while K ä semann changed his understanding of what constituted the ‘centre’ of Paul’s theology after the publication of his dissertation, and of the history-of-religions background to Paul’s theology in the 1950s, perhaps surprisingly these major changes did not fundamentally alter his interpretation. The underlying consistency of his views is due to two characteristics which mark his approach throughout his career: firstly, the approach to Paul’s theology in terms of dialectical tension, particularly the dialectic of gift and power; secondly, the constant search for a unifying interpretation of Paul, an interpretation which seeks to take account of elements which are often seen as mutually exclusive.
Human Rights
Authors: Stanbrook Ivor , Qc Clive Stanbrook 
Published: November 2023

Abstract
As a branch of international law, extradition law is unusual in that it concerns the conduct of individual people as well as that of States, which are traditionally regarded as the principal subjects of international law. The movement for the inter- national assertion and protection of human rights, which has grown rapidly since the Second World War, has accentuated that aspect. Human rights considerations are now so well established, whether by international conventions or by domestic constitutional safeguards, that they need to be taken into account with the applicable extradition law in almost every case. In the United Kingdom the new Labour Government, as part of its campaign ‘Rights Brought Home’, has given further effect in domestic law to provisions of the European Convention of Human Rights.
Jurisdiction
Authors: Stanbrook Ivor , Qc Clive Stanbrook 
Published: November 2023

Abstract
Extradition is available, by agreement, to a requesting State which has jurisdiction to try and punish an offender against its law. A State’s jurisdiction—its capacity under international law to prescribe and enforce its national law over all persons and property and all actions within its territory—is a normal expression of its sovereignty. The right of a State to exercise jurisdiction extra-territorially, outside its frontiers, is not so clearly defined.
Other Common Features
Authors: Stanbrook Ivor , Qc Clive Stanbrook 
Published: November 2023

Abstract
The principle that no one should be in jeopardy more than once in respect of the same offence is a rule of law of ancient origin. It is defined in the 1966 International Covenant on Civil and Political Rights as:
No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country.
Extradition to the Irish Republic
Authors: Stanbrook Ivor , Qc Clive Stanbrook 
Published: November 2023

Abstract
The Irish Republic is, for the purpose of UK extradition law, a special case. It is not treated as a ‘foreign State’; there is no extradition treaty. Extradition arrangements between the two countries are governed by broadly similar domestic legislation which provides for the reciprocal endorsement and execution of each other’s arrest warrants. Exceptionally, the system is entirely judicial. As far as the United Kingdom is concerned, there is no scope for ministerial involvement.
Procedure (Inward Extradition)
Authors: Stanbrook Ivor , Qc Clive Stanbrook 
Published: November 2023

Abstract
Part II of this work was devoted to the law applicable to extradition from the United Kingdom of persons convicted or accused of crime in, and sought by, other countries. Part III deals with the reverse position: the law applicable where it is the United Kingdom which seeks to bring to justice a person who, having committed a crime within UK jurisdiction has evaded arrest by fleeing overseas or having been convicted here of such a crime, is unlawfully at large elsewhere.
The Basic Principles
Authors: Laing Judith M 
Published: November 2023

Abstract
This book is concerned with the treatment of mentally disordered offenders in the criminal justice system. In particular, it investigates the diversion of mentally disordered offenders from the criminal justice system and into the health and social services. So the first step is to identify precisely who mentally disordered offenders are and how they should be treated. This chapter will also consider what is meant by diversion in this context and how it fits in with treatment and with the criminal justice system as a whole, and the many difficulties which surround the treatment of mentally disordered offenders will be identified. The problems are particularly acute given that the mentally disordered offender falls within the realm of two differing disciplines-the legal and medical professions-both of which have contrasting and often conflicting views and approaches towards treatment. This has a grave effect upon diversion, as its successful implementation is dependent upon the close and successful collaboration and co-operation of those disciplines and professionals involved in dealing with and caring for such people. The impact of these difficulties upon the trend to divert mentally disordered offenders from the criminal justice system will be considered.
The Historical Context
Authors: Laing Judith M 
Published: November 2023

Abstract
This chapter will briefly outline the reports, reforms, and major developments that have taken place throughout the latter half of the twentieth century and that influence the present-day provisions and approaches towards mentally disordered offenders. Many of these developments have heightened the plight of such an offender, and so this chapter also strives to underline that the current emphasis upon diversion and therapeutic care has its origins firmly rooted in the past. It has been customary for decades to protect the mentally ill from punitive sanctions and the normal operation of the criminal law by affording them the care and treatment they deserve. The legislative and policy developments that have facilitated and perpetuated these humane principles will be briefly considered. In this respect it will be more pertinent to consider the major reports and the philosophies which underpin them, rather than a detailed consideration of the legislative provisions themselves. Emphasis will be placed upon the emergence and dominance of the medical profession and psychiatry which has taken place in the latter half of the past century, which strongly influences the treatment of the mentally ill today. And a brief look into the history of the mental health service is also necessary, as it enables a better understanding of the nature of the system into which mentally disordered offenders are diverted.
Diversion under the Mental Health Act 1983 and Related Provisions
Authors: Laing Judith M 
Published: November 2023

Abstract
This chapter will consider the various ways with which a mentally disordered offender comes into contact with the criminal justice system and the legal powers that are in existence at its various stages to divert him/her into therapeutic care. These are principally contained in the Mental Health Act 1983 and a few related provisions1 and the operation and implementation of these powers throughout the 1980s will be outlined. Consideration will also be given here to the relevant legal powers under under the Crime (Sentences) Act 1997. The Act was introduced subsequently to the introduction of an explicit diversion policy in 1990; however, it does introduce a new disposal power-the hospital direction-in relation to some mentally disordered offenders, and it is therefore significant as it facilitates access to hospital care. It will be shown that the 1983 Act ‘embodies the principle of treatment of mentally disordered offenders instead of punishment ‘ ,2 and so the intention was to ensure that those in need of care and treatment should receive it from the health and social services. However, as the 1980s progressed, it became clear that the powers were not being effectively nor adequately implemented-too few mentally disordered offenders were being routed to psychiatric care and too many were finding their way into prison. This prompted the 1979-97 Conservative Government to take action by introducing an explicit diversion policy at the beginning of the 1990s. The problems that exist with these provisions will there fore be fully explored, thereby allowing consideration in succeeding chapters of whether the introduction of this formal diversion policy and assessment and diversion schemes, particularly in West Yorkshire, has provided a solution to the deficiencies and succeeded in ensuring access to therapeutic care, where, in the past, these powers have sadly failed.
The Development of Diversion Policy for Mentally Disordered Offenders
Authors: Laing Judith M 
Published: November 2023

Abstract
Previous chapters have shown that mentally disordered offenders merit special care and treatment and should therefore, wherever possible, receive it from the health and social services. Diversion policy aims to secure adequate and appropriate medical care for mentally disordered offenders by diverting them out of the criminal justice system. This chapter documents the introduction and development of diversion policy in this country describing its general implementation nationally. The problems and practicalities which have been encountered will also be highlighted as they will be relevant to the consideration of the implementation of diversion policy specifically in West Yorkshire in Ch. 5. It has already been identified in the preceding chapter how the Mental Health Act 1983 principally provided the courts with a range of flexible therapeutic powers of disposal. So mechanisms already existed within the legislation to divert the mentally disordered out of the criminal justice system and away from traditional penal disposals. But, as the 1980s progressed, it became evident that diversion was not being achieved in many cases as the powers were not being used to their full potential. This failing had been observed by several prominent bodies and committees who expressed their concerns that far too many mentally disordered offenders were being remanded and sentenced to periods of imprisonment when what they really needed was care, supervision, and treatment.
Diversion in West Yorkshire: A Process Study
Authors: Laing Judith M 
Published: November 2023

Abstract
Against the background of developments outlined in the previous chapter, the nettle of diversion was grasped in the West Yorkshire area, and there are six varying court-based projects operating within the five petty sessional divisions in the region. Taken as a whole, this represents comprehensive court diversion arrangements in West Yorkshire, and is clearly in line with official policy in terms of seeking to improve inter-agency working and increasing the opportunities for access to appropriate therapeutic care for mentally disordered offenders. This chapter, which is based upon empirical research conducted in West Yorkshire, outlines the process of development of each of these diversion schemes, from the early stages of their conception to their implementation and subsequent operation. This is not a simple process, and is often thwarted by financial constraints, inadequate service provision, and, particularly, the difficulties in achieving inter-agency co-operation. In this respect, the process of diversion schemes will be considered and those in operation will be assessed in relation to the extent to which they have succeeded in overcoming these obstacles. Not only will the specific local initiatives be considered, but also the region-wide developments which have been taking place in the wake of Circular 66/90 and the Reed Committee report. A brief note on the research methodology is outlined below, followed by an empirical account of the process of the diversion schemes.
Conclusion
Authors: Laing Judith M 
Published: November 2023

Abstract
In a recent study of the mental health of the nation, it was estimated that 1 adult in every 7 suffers from depression, anxiety, or some other form of mental disorder. This suggests that approximately 6 million people in Britain have some kind of mental health problem, which requires care, treatment, or support.2 Even more alarming is the fact that the latest Department of Health Statistics reveal that 1 adult in 4 will suffer from some form of mental illness at some stage in his or her life. These figures clearly indicate the extent of the problem. Of course, not all these people are necessarily mentally disordered offenders, but there is a real danger for a few that if their conditions are left untreated and they do not receive the help they need, they may deteriorate and that could lead to tragicconse quences for the individuals themselves, as Ben Silcock ‘s parents would claim, or, in Jayne Zito ‘s eyes, for their victims. It is therefore crucial that steps are taken to minimize this danger and ensure that appropriate treatment and support is provided. The main aim of this book has been to examine the process of diversion of mentally disordered offenders from the criminal justice system, which is one step that has been taken to seek to solve the problem and provide some of these people with the help that they need and to which they are entitled.
The Regulatory Framework
Authors: McMeel Gerard , Virgo John 
Published: November 2023

Abstract
The decision to create a single consolidated financial services regulator was a swift 4.01 response to the scandals of the 1990s by the new Labour administration which took office in May 1997. In a statement to the House of Commons on 20 May 1997 the new Chancellor of the Exchequer, Gordon Brown, announced that he was taking away from the Bank of England its traditional role of banking supervisor. A radical overhaul of financial regulation was announced.
Financial Products
Authors: McMeel Gerard , Virgo John 
Published: November 2023

Abstract
This chapter introduces the main types of financial services offered, and in particular the main types of financial products retailed in the United Kingdom. The list of products is indicative and non-exhaustive. In any event, such a list could never aspire to be complete given the dynamic nature of the market and constantly changing regulatory and taxation environment. New products emerge all the time. Older products are marginalized or disappear completely. The late 1990s saw the Individual Saving Account (‘ISA’) replace previous tax-free savings and investment vehicles. The new decade saw the launch of the Stakeholder Pension in April 2001, which now co-exists with personal pension plans and related products. Each new service or product poses regulatory concerns. Some new products may raise worries about the potential for misselling.
The Law of Contract
Authors: McMeel Gerard , Virgo John 
Published: November 2023

Abstract
The private law facility for consensual exchanges, which we term the law of con-8.01 tract, is crucial to the realm of financial services. Financial advice may be proffered pursuant to a contractual arrangement. All financial products owe their existence to an underlying contractual regime. We do not propose to consider contract law generally in so far as it may concern the provision of financial services. Instead it is proposed to survey some important topics which are crucial to financial advice and financial products. First, we consider the circumstances in which a court will decide that financial advice has been proffered under the terms of an applicable contract. In particular, we address the question of whether the doctrine of consideration is satisfied where the adviser is not directly paid by the recipient. Secondly, we advert to some incorporation and implication issues of particular concern in the financial services context.
Implementation of directives
Authors: Prechal Sacha 
Published: November 2023

Abstract
By making the distinction between that which is imperative, i.e. the result to be achieved, and that which is left to the discretion of the Member States, i.e. the choice of form and methods, Article 249(3) indicates what is within the competence of the Community and what remains within the competence of the Member States. It also follows from this Article that the choice is limited to the kind of measures to be taken; their content is entirely determined by the directive at issue. Thus the discretion as far as form and methods are concerned does not mean that Member States necessarily have a margin in terms of policy making.
The role of national courts
Authors: Prechal Sacha 
Published: November 2023

Abstract
The very purpose of directives is their implementation in national law. As a rule, therefore, their provisions should apply within the national legal order in their ‘converted’ form, i.e. as provisions of national law. Whenever the question of effects of directives is addressed, this should be the point of departure. This normal state of affairs was described by the Court of Justice in very clear terms in Becker, where it held that wherever a directive is correctly implemented, its effects extend to individuals through the medium of the implementing measures adopted by the Member State concerned.
inadequate implementation of directives
Authors: Prechal Sacha 
Published: November 2023

Abstract
Non-implementation or incorrect implementation of a directive amounts to a breach of Community law. In so far as this or any other breach of Community law causes loss and damage to individuals, they should be able to bring an action for damages against the Member State concerned in national courts. Yet, State liability in relation to directives has an extra dimension. First, exactly for reasons of being an instrument which in principle needs implementation, the risk that something ‘goes wrong’ is certainly not negligible. Second, the denial of horizontal direct effect of directives poses additional problems to their enforcement and to the judicial protection which liability may palliate to a certain extent.
Regulating Conduct
Authors: Ulph Janet , Tugendhat Sir Michael , Glister James 
Published: November 2023

Abstract
This chapter focuses upon the liability of dishonest directors and other employees and agents; other types of fraud are considered in Chapters 6, 7, and 8. A common fraud is one where a director or senior employee steals from his company because of either personal greed or domestic difficulties, such as a high mortgage coupled with job insecurity. Theft of company property includes not only siphoning of money from company accounts but also the gathering of information relating to client databases, suppliers and profit margins. If an action is brought against a director or other agent or employee, it is a matter of looking at the circumstances to determine whether the particular ingredients of a cause of action in the civil law can be satisfied.
Legal Principles Revisited
Authors: Moore Michal S 
Published: November 2023

Abstract
In a recent article1 Larry Alexander and Ken Kress have returned us to a perennial question of jurisprudence, which is the role of principles in legal reasoning. They rightly remind us, and nicely detail, how Ronald Dworkin’s treatment of principles is foundational of modern treatments of the topic. Dworkin’s persuasiveness here is due to the fact that he recapitulated in his own idiom a position familiar to all lawyers, familiar because of their practice2 and because of earlier descriptions of that practice by such staples of American jurisprudence as Cardozo, Warren and Brandeis, Levi, Wechsler, Langdell, Cohen, Bingham, and Fuller.3
Metaphysics, Epistemology, and Legal Theory
Authors: Moore Michal S 
Published: November 2023

Abstract
In this chapter I shall continue my discussion of Ronald Dworkin’s theory of adjudication.1 More specifically, I discuss two theses that can fairly be attributed to Dworkin. The first is what I shall call the ‘conventionalist thesis’. The conventionalist thesis holds that the truth of a proposition lies in its fit with those explicit or implicit agreements in belief or attitude that one may call conventions. The second thesis is what I shall call the ‘right-answer thesis’, which holds that (on Dworkin’s theory of how judges ought to reason) there will always be a right answer to disputed cases at law, no matter how ‘hard’ the case or ‘undemonstrable’ the conclusion.
Law as a Functional Kind
Authors: Moore Michal S 
Published: November 2023

Abstract
Natural law has for a long time had a bad press. It is supposed to be the sort of spooky stuff that Bentham derided when he hooted at natural rights as not being just simple nonsense, but ‘nonsense on stilts’.1 Oliver Wendell Holmes’s own brand of ethical scepticism and legal positivism led him to characterize the natural law as a ‘brooding omnipresence in the sky’,2 sort of like the northern lights apparently, but without the lights. The prevalence of such views has for some time made it the case that ‘to be found guilty of adherence to natural law theories is a kind of social disgrace’.3
Interpreting Interpretation
Authors: Moore Michal S 
Published: November 2023

Abstract
There is a simple life cycle for metaphors: they are born of fresh insight about an unnoticed similarity, wither with overuse, and die by becoming so familiar that they are treated as established senses of words. Intellectual fashions are like metaphors in this respect. Although they may begin life fresh and full of promise, they eventually become the tired counters in a patter that prevents insight rather than conveys it.