bluuebunny/crossref_metadata_2025_split huggingface dataset:
F
Authors: Gabriel Yiannis 
Published: November 2023

Abstract
Referring to a managerial technique, like Business Process Re-engineering or Total Quality Management, as a fad or a fashion is not meant to diminish its significance or to question its effectiveness. It is meant to describe the way that such practices become disseminated and adopted by different organizations, different sec- tors, and different countries. In this, they share many of the features of fashions in clothes, foods, or holiday destinations—a rapid rise in popularity, followed by a rapid decline as they get superseded by later fads. Occasionally a particular technique may get rediscovered or it may assume a safe if unspectacular positioning in the repertoire of management practices.
G
Authors: Gabriel Yiannis 
Published: November 2023

Abstract
Gender refers to the socially constructed notions of what it means to be a man or a woman. It is helpful to distinguish it from sex, as the biologically based categories of men and women. This distinction was made in the 1960s by feminists who sought to separate sex as a biological ‘given’ from gender, seen as a product of social and cultural forces and therefore divorced from bio- logically determinist meanings. This helped to challenge ideas, prevalent at the time, that hierarchical arrangements based on sex categories were somehow inevitable and ‘natural’ (i.e. men are dominant because they are men; women are subservient because they are women). Gender accordingly captures the normative conceptions of attitudes and behaviours that are deemed appropriate for one’s sex category. Despite this distinction, sex as a biological category is still significant for different understandings of gender.
O
Authors: Gabriel Yiannis 
Published: November 2023

Abstract
Oligarchy is the rule of the few over the many. Based on a study of the German Social Democratic Party in the early part of the century, Robert Michels (1876–1936) argued that all organizations are subject to an Iron Law of Oligarchy. Arguing against his mentor, Max Weber, Michels claimed that organizations are not rational instruments for the accomplishment of administrative goals; instead, he saw political systems through which small elites control the masses. ‘It is organization which gives birth to the dominion of the elected over the electors, of the mandated over the mandators, of the delegated over the delegators. Who says organization, says oligarchy.’ Weberian rules and procedures are nothing but an elaborate smoke- screen, behind which a ruthless power game unfolds, a game through which leaders seek to perpetuate themselves in positions of power. To this end, the organization’s survival becomes essential; goals become regularly displaced, values and doctrines are constantly compromised, and organization becomes an end in itself.
Clause structure and verbal forms in Nakh-Daghestanian languages
Authors: Kalinina Elena , Sumbatova Nina 
Published: November 2023

Abstract
The notion of finiteness is one of those theoretical concepts that is widely used but vaguely defined. Traditionally, finiteness has often been understood in terms of morphological categories, i.e. as the ability of a verbal form to be marked for certain morphological categories such as subject agreement in person and number, or tense (e.g. Schwyzer 1939: 639; Heidolph et al. 1981: 498). Generative grammar also accepts that finiteness of a clause correlates, although indirectly, with verbal morphology (e.g Radford 1988: 287–92; Rizzi 1997: 284; Carnie 2002: 149–51, and Kornfilt, Chapter 9 below).
Institutions of governance: can democracies choose them?
Authors: Olsen Johan P 
Published: November 2023

Abstract
Institutional reform has for quite some time been a salient issue on the political agenda of the European Union. The allegation has been that the EU institutions of governance have major weaknesses, that they lack effectiveness and legitimacy, and that comprehensive reform is needed. The claim covers single institutions, as well as the relationships and balance among institutions. Therefore, the basic principles and rules for constituting, distributing, controlling and legitimizing power in the European polity are involved.
Coping with conflict at constitutional moments
Authors: Olsen Johan P 
Published: November 2023

Abstract
The literature on the dynamics through which political order and organized government is constituted and reconstituted in democratic contexts presents a paradox. It is commonplace to argue that democracies require constitutional rules in order to function well and it is assumed that a legitimate and durable order has significant benefits. In particular, constitutional rules and stable institutions provide a framework that makes it easier to regulate and limit conflict and secure civilized co-existence. Democratic constitutions are assumed to balance unity and diversity, power relations, and continuity and change.
The Europeanization of the territorial state?
Authors: Olsen Johan P 
Published: November 2023

Abstract
‘Europeanization’ is understood in this chapter as change in the core domestic institutions of governance as a consequence of the development of European-level institutions, identities and policies.1 Attention will be focused upon how, through what processes, and to what degree European influence is exerted at the domestic level. What kind of adaptation pressure can be observed from the European Union? Is there a collision between principles of organization and governance at the European and the domestic levels? Are domestic impacts so profound that they represent a challenge to territorial states?
A Question of Balance
Authors: Woolf Lord 
Published: November 2023

Abstract
Abstract This paper provides an introduction to the English legal system, explaining that a distinction, albeit blurred, between public and private law is now an essential feature at the heart of the English administrative law system. It gives an historical account of the procedure for judicial review, being primarily concerned with enforcing public duties on behalf of the public as a whole, vindicating the interests of the individual as part of the process of ensuring public bodies do not act unlawfully and do perform their public duties. It discusses the safeguards in judicial review procedure and notes that courts should use their powers to remedy injustice rather than unnecessarily intervening where there is no injustice. This involves a fundamental change from the traditional approach of English law, which in the past used to equate the rights and duties of public bodies with those of private individuals. It is the base upon which future legal developments have occurred.
Magna Carta: A Precedent for Recent Constitutional Change
Authors: Woolf Lord 
Published: November 2023

Abstract
Abstract This paper provides an historical account of the fundamental principles of the rule of law. Reference is made to the chapters at the heart of the Magna Carta of 1215 as containing many of the core features of societies that today adhere to the rule of law. Magna Carta principles are placed within a contemporary setting through a discussion of the UK ‘s new constitutional arrangements that include the abolition of the old Office of Lord Chancellor and provision for a new Supreme Court. It explains that increased recognition of the rule of law is apparent from its impact upon the global economy and strident argument which has occurred over the recent flood of asylum seekers, the invasion over Iraq, and dispute over the legal status of detainees.
Judicial Independence Not Judicial Isolation
Authors: Woolf Lord 
Published: November 2023

Abstract
Abstract This paper argues that the judiciary should be both independent and involved. It should not be isolated. In any jurisdiction the existence of a judiciary which is both individually and institutionally independent is critical to the rule of law. Recent constitutional upheavals are fundamentally altering the relationship between the judiciary and the other arms of government. This paper expresses concern that while some of the changes will, as is intended, increase the protection of independence for the judiciary, others will undermine the checks and balances which have contributed to that independence. Increasing the separation of the judiciary from the other arms of government risks isolation which can itself damage the administration of justice.
Current Challenges in Judging
Authors: Woolf Lord 
Published: November 2023

Abstract
Abstract Just as the common law has evolved to meet the changing requirements of society, so should the role of the common law judge. Unless the judicial role evolves in this way, the judiciary will be unable to fulfil the expectations of the public whom they serve. Whether it does so will depend on the calibre, commitment, organisation and training of the judiciary. It will also depend upon the executive and legislature providing the judiciary with the support they require. This paper discusses the new contemporary role of the judge—ranging from balancing the rights of individuals and the state, to assisting the judiciary of other jurisdictions, to providing knowledge about the legal system to schoolchildren. The challenge is to preserve the best in our system as it has evolved over the centuries while at the same time making the changes necessary to ensure the judiciary are capable of meeting contemporary challenges.
Medics, Lawyers and the Courts— A Defence of the Access to Justice Recommendations
Authors: Woolf Lord 
Published: November 2023

Abstract
Abstract Commenting on the relationship between the medical profession and the courts, this paper discusses the recommendations in the Access to Justice Final Report and criticisms that were made of some of them, notably by Professor Michael Zander QC. It focuses upon the recommendations that were made for the improvement of handling medical negligence cases, as an example of the recommendations for the improvement of litigation generally. Professor Zander ‘s opposition to the recommendations is described as ‘misleading ‘ and ‘inaccurate ‘, based on an unwillingness to accept that the civil justice system has serious faults—faults that most commentators have accepted exist.
Are the Courts Excessively Deferential to the Medical Profession?
Authors: Woolf Lord 
Published: November 2023

Abstract
Abstract This paper discusses how the relationship between the courts and the medical profession has changed in recent times. It suggests that the courts traditionally treated the medical profession with excessive deference, but that the position has changed and for the better. It explains why the courts were previously over deferential and relates the changes to the growth of judicial review, increasing litigation, increasing awareness of patients ‘ rights, and well-publicised medical profession scandals. It concludes with a discussion of the Access to Justice reforms and how improved civil justice procedures have increased the ability of the courts to resolve medical issues justly.
The Rule of Law and Harmony in China
Authors: Woolf Lord 
Published: November 2023

Abstract
Abstract This paper provides an account of the ‘Icebreakers’ visit to China, from which a lecture is included in this book [see Chapter 25]. It discusses the development of China’s legal system in recent times and China’s genuine ambition to adhere to the rule of law and human rights, vital for a country that seeks to meet its obligations as a member of the World Trade Organisation and achieve its economic ambitions. While China still has some way to go to meet the requirements of the rule of law, it is making progress; there is now an acceptance of the need to produce clear accessible laws to improve enforcement of laws and to train more lawyers and judges. It concludes by emphasising the importance of spreading the standards of the common law to China, drawing upon the role that Hong Kong’s legal system has played to China’s overall success, and promoting China’s relationship with the UK.
Freedom Of Expression And Privacy: An Introduction
Authors: Nicol Andrew , Millar Gavin , Sharland Andrew 
Published: November 2023

Abstract
This book is aimed at practitioners in the media law field, but it is hoped that it will be of interest to students of media law and human rights law. It is not intended to be a definitive text on media law; for this see Geoffrey Robertson QC and Andrew Nicol QC, Media Law. Neither is it intended to be a comparative academic work; if this is what is required, see Professor Eric Barendt’s work entitled Freedom of Speech.
Defamation
Authors: Nicol Andrew , Millar Gavin , Sharland Andrew 
Published: November 2023

Abstract
In England a claimant raises a defamation claim by showing publication of a defamatory statement referring to him or her. In broad terms the statement is defamatory if it damages the claimant’s reputation. Specifically, the question is whether it has a meaning ‘lowering the Plaintiff in the estimation of right- thinking members of society generally’, or ‘exposing him to hatred ridicule or contempt’ or causing him to be ‘shunned or avoided’. It is presumed that such a statement is false. In libel (written defamation) damage to reputation is presumed. So some damages will always be recovered.
Experiential Learning without Work Experience Reflecting on Studying as ‘Practical Activity’
Authors: Räsänen Keijo , Korpiaho Kirsi 
Published: November 2023

Abstract
When business school students do not have previous experience in professional work, which is the case in many European master’s programmes, the users of experiential methods meet a serious problem (cf. Reynolds and Vince 2004). What is the ‘experience’ that is supposed to be reflected on and learnt from? One answer to this question is that the students’ lives are full of experiences, including the experiences of studying in the business school.
Police Reform
Authors: Savage Stephen P 
Published: November 2023

Abstract
This book focuses on the very topical subject of police reform in the UK. Currently, the police service is undergoing a time of significant change and reform as a result of the ‘modernisation’ agenda. Planned force re-structuring, the performance culture, recruitment and training issues are just a few elements of this extensive reform process. There is therefore a need for a text which looks at this current agenda for reform against its historical backdrop and debates the long term future of this process. The book spans three decades and is structured thematically around the main driving forces for reform, looking at the policy process and its related contexts. Key topics covered include system failure (when things go wrong), public order policing, international influences, economic issues and value for money, internal influences and political issues. The book adresses a complex and ever-shifting subject in an accessible manner.
Policing as a Performing Art? ‘Value for Money’ and Police Reform
Authors: Savage Stephen P 
Published: November 2023

Abstract
In Chapter 1 the ways in which police ‘mindsets’ or paradigms can change was discussed, in that context in relation to the emergence in the 1980s of the ethos of ‘community-oriented policing’ and the repositioning of the police which that change in mindset entailed. What also began to appear in the 1980s, and very much accelerated into the 1990s, was a mindset change of a somewhat different dimension, involving ways in which the police organization should be managed.
The Politics of Policing and the Politics of Police Reform: Too Hot to Handle or Too Hot to Leave Alone?
Authors: Savage Stephen P 
Published: November 2023

Abstract
At various points in previous chapters a caveat was made regarding the relative influence of the differing drivers for police reform considered so far. That caveat concerns the extent to which any drivers for change and reform in policing are constrained in terms of influence by the politics of policing. Whilst each of the drivers of police reform discussed earlier has its own particular forms of influence over police reform agendas, each in turn must pass what we might call the political test—that the political climate needs to be one which is receptive to the messages coming through. This is not just a matter of the preparedness of decision-makers to accept this or that particular policy, although that is of course important.
Inequality and Poverty in Global Perspective
Authors: Vita Álvaro de 
Published: November 2023

Abstract
Only a few well-known figures suffice to illustrate how significantly different life chances in the world are. About 1.2 billion people live on less than $1 per day and about 2.8 billion people live on less than $2 per day (UNDP 2000: 9). The wealth of the richest 200 individuals in the world reached $1.135 trillion in 1999, in contrast to $146 billion in combined incomes of the 582 million people living in the least developed countries (LDCs) in the same year (UNDP 2000: 82). Only 25 million people in the United States, the top decile of the income distribution in the country, have a combined income greater than that of the poorest 43% of the world’s population (about 2 billion people) (UNDP 2000: 19).
The Duties Imposed by the Human Right to Basic Necessities
Authors: Ashford Elizabeth 
Published: November 2023

Abstract
There is a compelling case for the claim that there is a human right to basic necessities, given the devastating impact the lack of them has on persons’ interests and the threat it poses to their lives. Moreover, there has been widespread international acknowledgment of such a right. A right to basic necessities is a claim right, and it therefore entails corresponding duties. This means that genuinely acknowledging this right requires specifying and enforcing those duties. However, there has been very little agreement about what they are and who has responsibility for fulfilling them.
Principles of European Law Sales (PEL S)
Authors: Hondius Professor Dr. Ewoud , Heutger Dr. Viola , Jeloschek Dr. Christoph , Sivesand Dr. Hanna , Wiewiorowska Aneta 
Published: November 2023

Abstract
The Study Group on a European Civil Code has taken upon itself the task of drafting common European principles for the most important aspects of the law of obligations and for certain parts of the law of property in movables which are especially relevant for the functioning of the common market. Like the Commission on European Contract Law's Principles of European Contract Law, the results of the research conducted by the Study Group on a European Civil Code seek to advance the process of Europeanisation of private law. Among other topics the series tackles sales and service contracts, distribution contracts and security rights, renting contracts and loan agreements, negotiorum gestio, delicts and unjustified enrichment law, transfer of property, and trust law. The principles furnish each of the national jurisdictions a grid reference. They can be agreed upon by the parties within the framework of the rules of private international law. They may provide a stimulus to both the national and European legislator for moulding private law. Beyond this, they aim to further discussion about the creation of a European Civil Code, or a Common Frame of Reference in the area of patrimonial law, by submitting a concrete model. The Principles of European Law are published in co-operation with Bruylant (Belgium), Sellier (Germany) and Staempfli Publishers Ltd. (Switzerland).
Consumer Goods Guarantees
Authors: Hondius Professor Dr. Ewoud , Heutger Dr. Viola , Jeloschek Dr. Christoph , Sivesand Dr. Hanna , Wiewiorowska Aneta 
Published: November 2023

Abstract
Article 6:101 provides the definition of a ‘consumer goods guarantee’. The first paragraph indicates who is designated as the offeror and the recipient of the guarantee. The second paragraph lists different variants, or basic examples, of consumer goods guarantees by describing what a consumer goods guarantee may actually contain. The application of the rules contained in Chapter 6 is limited to consumer sales, as they were specifically designed to answer the needs of consumer sales. The main reason for this policy choice lies in the specific function that the guarantee plays in consumer sales transactions, which is distinct from the function assumed in other categories of sales. Under commercial sales a guarantee by the producer is often coupled with a reduction of the buyer’s rights against the seller. Consumer sales, on the other hand, are to a large extent governed by rules of a mandatory character, and the guarantee cannot influence (in a negative way) the rights of the buyer. At the same time, guarantees, used as marketing tools aiming at tying the consumer to a particular brand, may very often mislead the consumer as to his actual rights. It may lead to a situation where, instead of improving the position of the consumer, a guarantee actually impairs it.
Obligations of the lessee
Authors: Lilleholt Kåre , Victorin† Anders , Fötschl Andreas , Konow Berte-Elen R , Meidell Andreas , Tørum Amund Bjøranger 
Published: November 2023

Abstract
Article 5:101: Obligation to pay rent The lessee must pay the rent that is fixed by or determinable from the terms agreed by the parties or from II. – 9:103. The rent accrues from the start of the lease period. Comments Reference to the contract and default rules The contract Normally, the parties have agreed on the rent to be paid. The rent may be agreed as an amount for the entire lease period. More often though the rent is agreed as an amount per interval of time (rent per hour, day, month, etc.). In some cases the amount to be paid is not spelt out in the contract, but can be determined via a reference to price lists etc. In particular for long term leases, there may be rent regulation clauses of various kinds, for example a clause allowing one or each of the parties a right to claim adjustments to rent based on an index. Default rule Occasionally, the rent cannot be determined from the contract, even if it is agreed that a rent is to be paid. In such cases the rent must be determined by the rules in II. – 9:104 (Determination of price). If the rent cannot be determined from agreed terms, from any other applicable rule of law or from pertinent usages and practices, “the price payable is the price normally charged in comparable circumstances at the time of the conclusion of the contract or, if no such price is available, a reasonable price”. Often there will be no sharp distinction between the agreement and the pertinent usages and practices established by the parties, or between common usages and practices and the rent normally charged (“market price”). If the rent cannot be determined from such criteria, the lessee must pay a rent that is reasonable. According to the Definitions, what is “reasonable” is to “be objectively ascertained, having regard to the nature and purpose of what is being done, to the circumstances of the case and to any relevant usages and practices”. Hence there is a certain overlap between reasonableness and the guidance that can be garnered from usages and practices.
Introduction
Authors: De Cat CéCile 
Published: November 2023

Abstract
In spite of decades of research on French, certain aspects of spoken French are still, surprisingly, poorly understood. Dislocations fall into this category. Their pervasive use is one of the distinctive traits of spoken French. In these constructions, an XP appears in the left- or the right-periphery of the sentence and is usually resumed by an element inside it. In (1.1a), for instance, the left-dislocated DP is coindexed with an object clitic. In (1.1b), there is a right-dislocated DP coindexed with a subject clitic and a second right-dislocated element (a PP) coindexed with the ‘possessor’ in the first dislocated element.1