bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Oldest Social Science
Authors: Murphy W T 
Published: November 2023

Abstract
This book looks critically at some of the underlying assumptions which shape our current understanding of the role and purpose of law and society. It focuses on adjudication as a social practice and as a set of governmental techniques. From this vantage point, it explores how the relationship between law, government and society has changed in the course of history in significant ways. At the centre of the argument is the elaboration of the notion of `adjudicative government'. From this perspective it is argued that the relationship between law and society must be conceived in a different way in the era of economics, sociology and statistics. The impact of these disciplines both constitutes `modernity' and unfolds a different role for law. The author argues that the traditional vision of the role of law, rooted in a complex set of hierarchical assumptions, is no longer adequate.
Naval Weapons Systems and the Contemporary Law of War
Authors: Busuttil James J 
Published: November 2023

Abstract
This book provides the first comprehensive critical analysis of the regulation of naval weapons during armed conflict. It examines the experience this century with the use of naval mines, submarines and anti-ship missiles, the three main naval weapons. The sources of international law relevant to an assessment of the law, that is the extant conventions, state practice, military manuals, war crimes prosecutions, and the opinions of publicists, are each extensively examined so that a clear picture of the law emerges. The book examines the impact of agreements drawn up in peacetime on wartime conduct and focuses on the growth of law through customary practice. While stating the law as it is today, it also provides suggestions for the practical development of the law.
Citizenship, Fundamental Rights, and Public Services
Authors: Picard Etienne 
Published: November 2023

Abstract
Although at first sight they might seem unconnected, citizenship, fundamental rights, and public services are actually three closely interdependent concepts which are nowadays merging increasingly into each other. In fact the notion of public service, as it may be interpreted in Europe today and as it has long existed in France, flows fairly directly from a certain conception of fundamental rights. It also derives from a renewed conception of citizenship, which has evolved considerably over the years, albeit more in mental attitudes than in positive law itself. Similarly, the notion of fundamental rights is still a fairly recent one in France: only now is it beginning to receive recognition in legal texts, as also in case law and legal theory.
The Decline of the Legal Services Corporation: ‘It’s ideological, stupid!’
Authors: Kilwein John 
Published: November 2023

Abstract
In the run-up to the 1992 American presidential election between incumbent George Bush and challenger Bill Clinton, Clinton campaign advisor James Carville was asked to explain the surprising success of his boss. After all, the campaign had highlighted Bill Clinton’s past problems with marital infidelity and his avoidance of the draft during the Vietnam War, just one of which would have normally doomed a presidential candidate to defeat. The Bush campaign was baffled that its candidate was not connecting with the electorate, given his leadership during the Gulf War, his stable marriage, his past service in the military, and his conservative position on the moral and ideological issues that had been used in the past to appeal to a generally conservative American electorate.
Can Community Clinics Survive? A Comparative Study of Law Centres in Australia, Ontario and England
Authors: Zemans Frederick H , Thomas Aneurin 
Published: November 2023

Abstract
This Chapter grows out of the authors’ research into contemporary developments in legal aid in Canada and the international environment. It focuses particularly on community clinics and their equivalents in Australia, Ontario and England. All three jurisdictions have adapted the American store-front legal clinic model to the needs and legal cultures of their society.
Studying the Emerging Workforce
Authors: Blanck Peter , Schartz Helen A 
Published: November 2023

Abstract
Although there is great diversity of definitions, causes, conditions, and consequences of discrimination against persons with disabilities in employment and other aspects of daily life, there are fundamental themes that unite countries in their pursuit of policies to improve the social and economic status of persons with disabilities. The premise of this chapter is that comparative research is crucial to identifying individual, organizational, cultural, attitudinal, and legal themes necessary for the effective development of disability employment policies.
Consequences in Judicial Reasoning
Authors: Cane Peter 
Published: November 2023

Abstract
In his book Legal Reasoning and Legal Theory Neil MacCormick argues that in cases where deductive arguments cannot justify judicial decisions, courts do, and may properly, deploy non-deductive arguments, based on the ideas of consistency, coherence, and consequences, in fashioning a rule or principle of law to resolve the case. MacCormick gives various examples of’consequence-based reasoning’. One involves reference to decisions which would have to be given in other cases if a particular ruling were given in the instant case. For instance, the ‘where-will-it-all-end’ argument points out that ifliability is imposed in this case, logic or justice will require that liability be imposed in all sorts of other cases as well. A second example given by MacCormick is the argument used by Marshall CJ in Marbury v. Madison to the effect that not to allow judicial review of statutes would be to ‘subvert the very foundation’ of the Constitution. Thirdly, MacCormick cites the argument that making a particular ruling would lead the court outside the proper bounds of the judicial function.5 Yet another example would be the argument that abandoning a ‘brightline’ rule in favour of a more flexible principle would generate undesirable uncertainty in the law.
On the Relationship Between Corrective and Distributive Justice
Authors: Perry Stephen R 
Published: November 2023

Abstract
Distributive justice is concerned with the just distribution of material resources, income, other forms of wealth, and perhaps certain other goods within a society. Corrective justice is concerned with the moral duty of repair, meaning the moral duty to pay compensation, that one individual can come to owe another as a result of having harmed him. In this essay, I inquire into the relationship between these two principles. More particularly, I ask whether corrective and distributive justice are independent principles, or whether they are related in either a conceptual or a normative sense. One common view is that corrective justice requires a prior distribution of entitlements upon which to operate, and that its purpose or point is to maintain that distribution; for that reason, it is regarded as both conceptually and normatively ancillary to distributive justice. Another, less common, view holds that corrective and distributive justice operate on quite distinct kinds of entitlement, and hence are conceptually and normatively independent of one another. The position I defend is that corrective justice is a general moral principle that is concerned, not with maintaining a just distribution, but rather with repairing harm. Individuals can be harmed in a number of different ways, and corrective justice accordingly protects a number of different kinds of interest and entitlement. Distributive justice often contributes to the legitimacy of an entitlement that corrective justice protects, and in that sense there is a normative connection between the two. But corrective justice does not protect the entitlement qua distributive share, and its purpose is not to maintain or preserve a distributive scheme as such. Rather it protects a legitimate entitlement because interference with the entitlement harms the entitlement-holder. In that sense, corrective and distributive justice are conceptually independent.
Private Enforcement Of Antitrust Law In The Eu, Uk And Usa
Authors: Jones Clifford A 
Published: November 2023

Abstract
This book provides the first detailed examination of how private individuals and companies can enforce their rights under competition law against other private parties in the EU and UK. It provides a comprehensive analysis of the legal basis for private antitrust enforcement both under EC and the new UK law, and of the available procedures and remedies. The book then goes on to systematically survey all of the key issues of law and practice that arise in private antitrust litigation in the USA, such as locus standi, antitrust injury, methods of proof of damage, types of damage for which compensation is recoverable, and the principles of antitrust damage calculation. In each case, the author draws upon his experience of such litigation as a practitioner in the USA to set out detailed practical conclusions as to how the same issues should be addressed in the EU and UK.
Introduction
Authors: Birnbaum Pierre , Leca Jean 
Published: November 2023

Abstract
A spectre is haunting the West’s intellectuals — the spectre of individualism. Individualism has, indeed, many spectral qualities: indeterminate shape, evocative power, and a myriad of other qualities attributed to it and which allow it to take many forms on a scale which ranges from benevolence to terror according to perceptions of it. Perhaps the most important quality ascribed to it when it appears (or reappears) is its power of annunciation: annunciation of historic changes which have taken place or are in the making, and which will shake the fragile foundations of our knowledge and our existence. Hence its incantatory use by visionaries, who are usually more concerned with invocation than with understanding. Conversely, it is the spectral quality ascribed to individualism which tempts many to refute it without due consideration or to reduce it to a ‘pre-notion’, or else to abandon it altogether to ideologues and (false) prophets.
The Gaffe-Avoiding Animal or A Bundle of Hypotheses
Authors: Gellner Ernest 
Published: November 2023

Abstract
There are a number of notions of rational behaviour. The most important, and also most readily intelligible, is Zweckrationalitat. Conduct is rational if it is optimally effective in attaining a given specified aim. (Alternative reading: if, in the light of the evidence available to an agent, there is good reason to believe it to be so.) Instrumental rationality contains, as an important part or corollary, the requirement for the efficient use of relevant information. He who wills the end must will the means; information relevant to the choice of most effective means is itself a means, perhaps the most important one. Thus Zweckrationalitat required not merely that one should choose the optimal means, but also that one’s beliefs, in the light of which the means are chosen, should themselves be in some sense optimal, given the data at one’s disposal.
Marxism and, Methodological Individualism
Authors: Elster Jon 
Published: November 2023

Abstract
‘God is the productive forces.’ This joke of Paul Lafargue’s expresses well enough a particular Marxist approach that I shall take issue with in the present chapter. Such an approach involves seeking out the motor forces of history, as well as the stabilizing forces of societies. It uses abstractions such as ‘productive forces’, ‘relations of production’, ‘classes’, ‘state’, or ‘ideologies’ without indicating how these are anchored in individual actions, motivations, and beliefs. According to this view, history is the self-realization of Humanity, of Man rather than of men. Capitalist exploitation and domination are the fact of Capital, which takes precedence in the order of explanation over individual capitals.
Community, Individualism, and Culture
Authors: Badie Bertrand 
Published: November 2023

Abstract
One of the classic distinctions in sociology is that between community and association, between community feeling and individual rationality. It can be found in various forms in analyses of social change which identify community with tradition, and association with modernity. The distinction also informs comparative analyses such as those which compare individualist Western societies with African or Middle Eastern societies that are presented as archetypes of the community model. As with most cliches, there is some truth in this view, and the classifications on which it is based deserve, no doubt, a place in sociohistorical and comparative analyses, now in a process of reappraisal. There are several difficulties related to Ferdinand Tonnies’ initial theoretical construct. In comparative sociology, his theoretical framework poses certain problems of method.
Labour’s Grass Roots
Authors: Seyd Patrick , Whiteley Paul 
Published: November 2023

Abstract
Who belongs to the Labour Party and why? What are their opinions about politics and society, or about the `new model' party of Neil Kinnock? After the electoral debacle of 1983 the Labour leadership embarked on a strategy of modernization in order to win back some of their lost support. The leadership has consistently tried to empower the party members at the expense of the trade unions and the party activists. But this strategy has been a `leap in the dark', since the leadership has had no idea what views party members hold on matters of policy or internal organization. This book publishes the results of the first comprehensive study of party members, examining who they are, why they joined the Labour Party, and discussing their views on activism, the party, and society as a whole. Journalistic accounts of party membership abound with images of unrepresentative extremists and eccentrics. This book replaces journalistic hunches with accurate information on a significant group of actors in the British political process.
Constituent Diplomacy in Federal Polities and the Nation-state: Conflict and Co-operation
Authors: Kincaid John 
Published: November 2023

Abstract
The growing number of international activities undertaken by the constituent governments (e.g. states, provinces, cantons, Länder, republics, municipalities, port authorities) of nation-states, especially federated nations, has raised concerns about the future of the nation-state. The most common concern is that ‘diplomatic’ activity by constituent governments will endanger national unity and international stability. As a recent analysis of economic development policies of US states concluded:
Belgium
Authors: Lejeune Yves 
Published: November 2023

Abstract
Since 1 970 the Kingdom of Belgium has comprised three communities: the French community, encompassing the French-speaking people of Wallonia and Brussels (3.9 million people); the Flemish community, including the Belgian people from Flanders and Brussels who speak Dutch (5.9 million people); and the small German-speaking community, which includes the approximately 66,400 German-speaking Belgians living in the eastern cantons. The Belgian state is also divided into two large regions: the Walloon region, with an area of 16,844 square kilometres, including the area of the German-speaking community (854 square kilometres); and the Flemish region (13,512 square kilometres). All these collectivities are in principle endowed with exclusive powers. There is, furthermore, the region of Brussels-Capital, with nineteen communes (162 square kilometres), and a particular status.
Justice As Impartiality
Authors: Barry Brian 
Published: November 2023

Abstract
Almost every country today contains adherents of different religions and different secular conceptions of the good life. Is there any alternative to a power struggle among them, leading most probably to either civil war or repression? In this important new work of political philosophy, Brian Barry argues that justice as impartiality offers a solution. The follow-up to his prize-winning book Theories of Justice, it offers a contemporary restatement of the Enlightenment idea that certain basic principles can validly claim the allegiance of every reasonable human being.
Justice as impartiality
Authors: Barry Brian 
Published: November 2023

Abstract
If justice as reciprocity is no more than a fragment of a more comprehensive theory of justice, then it behoves us to identify this theory of justice. The present chapter will be devoted to the task of setting out the theory, which I shall call justice as impartiality. This shares with justice as reciprocity its answer to the first question: it says that the motive for complying with the demands of just rules is the desire to behave fairly. But it departs from the criterion for just rules that justice as reciprocity retains from justice as mutual advantage. In place of mutual advantage, it proposes a criterion that is intended to articulate more directly with the motive of behaving fairly. The basic idea here is that just rules are those that can be freely endorsed by people on a footing of equality.
Germany: Challenges to the Old Policy Style
Authors: Esser Josef 
Published: November 2023

Abstract
The Federal Republic’s economic and social system faces immense economic, social, and political demands. These may be encapsulated in phrases like ‘third technological revolution’, globalization of production, and internationalization of markets (triadization versus Europeanization), as well as the integration of East German into West German capitalism. What I want to do here is to analyse the reaction of the German economy to these challenges and to ask if there are dramatic changes of the relationship between the private economy and the state.
Britain: The Spectator State
Authors: Grant Wyn 
Published: November 2023

Abstract
Of the countries studied in this book, Britain is the one in which the transition from the old conception of a ‘national champion’ to that of the international firm has gone furthest. In part, this reflects the fact that rather than developing grands projets, or seeking to influence the structures and strategies of powerful industrial actors, government involvement with national champions in Britain came in the form of lame ducks which brought with them new political problems rather than opening up economic opportunities.
Austria: Has the Federation Become Obsolete?
Authors: Rack Reinhard 
Published: November 2023

Abstract
Article 2 Section 1 of the Austrian federal Constitution states: ‘Austria is a federal state’. A closer look at the Austrian federal Constitution shows that this statement is, at best, a half-truth. Austria is a federal state, but a weak one. Or, to be more precise, a country where the nine states comprising the Republic are not very strong and the federation is almost all-powerful. In Austria, for instance, there is no real power-sharing between the federation (the Bund) and the states (the Länder). Articles 10 to 15, which is where the division of competences between the federation and the states is laid down, very quickly reveal that the federation has received the lion’s share. Practically all that is worth having belongs to the federation. Not only external affairs, money, and the army, but also all civil and criminal law, all police powers, all matters pertaining to trade and industry, almost all traffic competences, mining, forestry, labour legislation, public health, most of education and science, and practically all taxation matters belong to the federation.
The Relative Contributions of Biological and Behavioural Factors in Determining Natural Fertility: A Demographer’s Perspective
Authors: Bongaarts John 
Published: November 2023

Abstract
Although natural fertility has become a fundamental concept in demographic analysis, its definition is still frequently misunderstood. Some of this confusion stems from the fairly widespread but mistaken notion that natural fertility is solely or largely determined by biological factors. While biological factors are indeed crucial determinants of natural fertility, a number of behaviours are also very important (Leridon, 1977). Louis Henry (1972) identified the key role of breastfeeding and post-partum abstinence in lengthening birth intervals and reducing the rate of reproduction. And, of course, the frequency of intercourse affects natural fertility. If one considers overall natural fertility as measured by the total fertility rate, then age at marriage, marital disruption, and remarriage also become non-biological determinants. Behaviour clearly matters, and this paper will examine its role by discussing the relative contributions of biological and behavioural factors affecting natural fertility. More specifically, it will apply a simple reproductive model to quantify the relative effects of biological and behavioural determinants of levels and differentials in natural fertility.
Post-Partum Sexual Abstinence in Tropical Africa
Authors: Walle Etienne Van De , Walle Francine Van De 
Published: November 2023

Abstract
Post-partum taboos on sexual intercourse have been encountered in many countries throughout history. They were once advocated by medical authorities in Europe. The Greek and Roman doctors of antiquity were opposed to sexual relations during nursing, and their opinions were quoted until the nineteenth century. Galen (1951 edn.: 29) thought that the milk of the nursing mother would be spoiled because of the admixture of sperm in the mother’s blood. Soranos and Hippocrates believed that coitus and passionate behaviour provided the stimulus that reactivated menstruation. Prior to the eighteenth century, there was no medical knowledge of the biological effect of breastfeeding on amenorrhoea. Sexual abstinence, not the action of breastfeeding, was thought to delay the return of the menses. This interpretation was still widely held in Europe in the eighteenth century (see, for example, Roussel, 1813, a medical textbook with multiple editions).
Incomplete Data in Event History Analysis
Authors: Little Roderick J A 
Published: November 2023

Abstract
Longitudinal studies are an increasingly popular method of data collection in a wide range of disciplines, including medicine, public health, sociology, economics, and demography. Many of these studies produce data in the form of event histories (Tuma and Hannan 1978), where individuals are followed over a period of time and dates of events are recorded; for example, births or marital changes in a demographic survey, progression of disease in a clinical trial, changes of employment status in an income survey, or pollution episodes in an environmental study. It is now widely recognized that the analysis of data in this form requires the methodology of survival analysis (see e.g. Kalbfleisch and Prentice 1980), and extensions of that methodology to handle recurring events. This chapter discusses problems arising from incomplete data in the analysis of event histories.
Majority Rule, Social Welfare Functions, and Game Forms
Authors: Maskin Eric s. 
Published: November 2023

Abstract
In his classic article, ‘A Possibility Theorem on Majority Decisions’ (Sen 1966), Amartya Sen showed that, in seeking domains of preferences on which the method of majority rule is transitive, one can, in effect, reduce the search to the case of three alternatives and three individuals. More specifically, he identified a condition—value restriction —that is defined for triples of alternatives, and demonstrated that, provided the number of individuals is odd, majority rule is transitive regardless of how individuals’ preferences are drawn from the domain ℛ, if and only if ℛ satisfies value restriction for each triple (hence the reduction to three alternatives). Moreover, value restriction is the necessary and sufficient condition regardless of the number of individuals, and so we have transitivity with n individuals (n odd) for domain ℛ if and only if we have transitivity with three individuals for domain ℛ (hence the reduction to three individuals).