bluuebunny/crossref_metadata_2025_split huggingface dataset:
Comparing Legal Aid Spending: The Promise and Perils of a Jurisdiction-Centred Approach to (International) Legal Aid Research*
Authors: Tata Cyrus 
Published: November 2023

Abstract
Public expenditure has become the key battleground where legal aid policy is contested (see e.g. Goriely, 1997b; Moorhead, 1998). Research examining current and projected costs of policy (both within and between jurisdictions) inevitably commands attention in government circles. Although the promise of comparing costs within and between jurisdictions seems immense, care needs to be taken in interpreting what the comparisons actually mean; and it is imperative that attention is paid to issues underlying comparative methodology. This Chapter reflects on some of the key issues in comparing criminal legal aid expenditure. It arises from a research study which compared criminal legal aid expenditure in three European jurisdictions. This paper first describes the origins, background and objectives of the study before reporting some of the main findings. The Chapter proceeds to examine key issues in comparative research of this nature. It uses the inter-jurisdictional study and its findings as a means of discussing the methodological issues underlying ‘comparative’ research.
Quality Legal Services: The Dog That Did Not Bark
Authors: Paterson Alan , Sherr Avrom 
Published: November 2023

Abstract
One of the most striking developments in the international arena of legal services in the past decade relates to the quality of work done by legal aid lawyers and how this has become a topic of central concern. It is a curious phenomenon, not simply because the concern for quality has been such a latecomer to the legal services arena, nor again because its global manifestation has varied so widely between jurisdictions with similarly developed legal aid programmes, but also because for much of the time the enthusiasm for the quality pursuit has come from without the profession.
Minors ‘ Privacy The Courts And Limits On Freedom of Expression
Authors: Cram* Ian 
Published: November 2023

Abstract
This article takes as its subject the conflict between free-speech claims advanced by the media and claims to privacy advanced on behalf of minors who find themselves coming under the glare of media atten-tion. It will be argued that, at important times, the courts have failed to probe the validity of free-speech justifications offered by the media with the result that weak free-speech claims involving conduct which has been extremely intrusive of children ‘s privacy interests have prevailed. It would be wrong however to characterize English law as wholly unwilling to recognize the validity of children ‘s privacy interests. Sometimes the law does recognize the overriding nature of a child/young person ‘s privacy claim. The first part of this article examines some current privacy protection for minors, including those found in the law relating to reporting restrictions in youth court and adult court proceedings. Also considered are codes of practice regulating the conduct of broadcasters and journalists which offer in the main forms of extra-legal protection from intrusive conduct by members of the media. At the level of international law, the UN Convention on the Rights of the Child which was ratified by the UK Government in 1991 has placed additional obligations on signatory states to uphold the privacy rights of children. The second part concerns itself with judicial attitudes towards minors ‘ privacy as revealed in some recent rulings.
Preparing For The Information Society: Lessons from Canada
Authors: Hitchens* L P 
Published: November 2023

Abstract
Writing of plans for the information society, Melody has commented that national governments and international organizations have been producing policy statements and reports of a visionary but often un realistic nature. Certainly the European Community could fit this description. In its commitment to the information society, it fore sees the outcome as producing enhanced competitiveness, increased employment opportunities, and improved living conditions.2 As Rasaiah and Newell have written: the ‘information society ‘ has become a convenient peg on which ‘... a host of European initiatives which will affect the press and broadcasters ‘ can be hung.3 Canada too might be added to Melody ‘s list. It has recently engaged in a lengthy policy-making process into the implementation of the information society (or information highway, the term adopted in Canada) for Canada. In the resulting documentation and policy statements, Canada also refers to the promise of the information society in grand and optimistic terms.
Basic Obligations
Authors: Penner J E 
Published: November 2023

Abstract
The law, and therefore legal practice, is shaped by the way that lawyers categorise the world. As with understanding and employing any system of thought, to understand law requires understanding the basic categorical dis tinctions which organise it. Being able to ‘think like a lawyer’ is, in part, being able to characterise situations of social conflict as legal problems in the right way, as a ‘tort’ problem, for instance, or as a problem raising ‘property’ or ‘contractual’ issues. It is therefore to adopt a particular perspective which divides cases of social conflict into a limited number of well-known kinds. This conceptual apparatus also determines in large part the teaching of law. The subject matter of law is traditionally carved up for study along the lines of the recognised substantive branches of law, such as contract law, and these subjects are generally taught as quasi-independent realms of the legal system.
Social Policy Toward Intellectual Disabilities in the Nineteenth and Twentieth Centuries
Authors: Braddock David L , Parish Susan L 
Published: November 2023

Abstract
The purpose of this chapter is to describe the rise over the past two centuries of the asylum model of care for people with intellectual disabilities and the substantial replacement of that model with contemporary family, community, and rights-based models of support. Although the emphasis in this chapter is primarily on developments in North America and Europe, we will also review the recent and widespread adoption of international disability rights initiatives by the United Nations and numerous countries throughout the world. This chapter is based on a more comprehensive history of disability by the present authors, which focused on social policy toward disability generally from antiquity to the enactment of the Americans with Disabilities Act.
The Shaping Of Charity Law
Authors: Luxton Peter , Hill Judith 
Published: November 2023

Abstract
Good works that would today fall within the popular meaning of charity are 1.01 recorded in many societies in the past. Some acts of charity —particularly those which are spontaneous and direct —are manifestations of the better side of human nature and are no doubt as old as mankind itself With such acts the law need not concern itself; indeed, such acts of benevolence may take place even before any form of society, let alone any recognizable legal system, has evolved. No legal machinery is needed to enable a donor, moved perhaps by compassion, to put alms into the hand of the beggar; no law has to be passed in order that a Good Samaritan may come to the aid of the injured traveller lying by the roadside. Such gifts or acts are by their nature transient and in themselves complete: they give rise to no continuing rights or obligations:
Disclaimer Of Property And Ex GratiaPayments
Authors: Luxton Peter , Hill Judith 
Published: November 2023

Abstract
A charity cannot as a general rule apply its property other than for its wholly and 18.01 exclusively charitable objects. A charity is permitted to apply its funds in ways which are not themselves charitable if this is ancillary to the attainment of its charitable objects; and the court or the Charity Commissioners may authorize the charity to make payments which are expedient in the interests of the charity.1 A charity might be justified in making a voluntary payment which is reasonably incidental to the carrying on of its charitable purposes: it may, for instance, be good business for a charity to give a member of its staff on retirement a pension in excess of that to which heor she is contractually entitled. Where the charity trustees are unsure as to whether a proposed payment may lawfully be made within the terms of the charity’s governing instrument, they may apply in writing to the Charity Commissioners for their opinion or advice.
Towards a Systems-Based Approach: Voluntarism, Legislation, or Incentives?
Authors: Gunningham Neil , Johnstone Richard 
Published: November 2023

Abstract
Accepting that a systems-based approach to health and safety improvement is desirable, then how might it best be achieved? In broad terms, policy makers wishing to encourage such an approach are faced with three options: leave it to the market (i.e. rely on the enlightened self interest of enterprises in voluntarily implementing management systems); require by law that all or some enterprises implement SMSs (or at least make it optional for them to do so); or provide incentives (including subsidies) to enterprises to implement SMSs but with no element of compulsion. Each of these options will now be examined.
‘Philosophical Foundations of the Common Law’: Social not Metaphysical
Authors: Lacey Nicola 
Published: November 2023

Abstract
In The Concept of Law, H.L.A. Hart claimed to provide a theory of law based on two distinct methodologies: analytical jurisprudence and descriptive sociology. Yet little more than a decade later, Tony Honore, in his contribution to the Second Series of the Oxford Essays in jurisprudence, was able to portray the jurisprudential scene as a contest between positivists and natural lawyers, with sociologists of law merely watching from the sidelines. In Honore’s ironic observation, legal theory was a game the rules of which the sociologists had never managed to learn. This conception of the sociology of law as engaged in a fundamentally different – external rather than internal – form of legal theory now commands a wide consensus among legal theorists. Just as Honore’s sociologists watch the game from the spectators’ gallery, Dworkin’s social scientists observe law’s empire from beyond its frontiers. What is more controversial is the implication of such metaphors-and a claim which might be thought to be implicit in Hans Kelsen’s assertion that the sociology of law inevitably presupposes normative jurisprudence – that analytical legal philosophy enjoys a certain intellectual priority. In the image of the sports stadium it is, after all, the spectators who have an interest in watching the players: while the players may enjoy the applause or wince at the jeers of the spectators, they do not need to pay close attention to them. In Dworkin’s imperial vision, it seems not unduly tendentious to suggest that sociologists of law are implicitly represented as inhabitants of underdeveloped colonies.
Towards a Theory of Contract
Authors: Smith Stephen A 
Published: November 2023

Abstract
A complete theory of contract law should answer two questions. The first is an analytic question about the nature of contractual obligation. What sorts of events give rise to a contractual obligation and what is the content of the obligations thus created? In particular, how are those events and obligations similar or dissimilar to the events and obligations that are the focus of tort law, unjust enrichment law, or equity? Where, in other words, should contract be situated on the map of private law? The second question is a normative or justificatory question: how, if at all, can contract law be justified? What is the moral basis, if any, for enforcing contractual obligations? Do rights, utility, or something else-or nothing else-underpin contract law? The analytic and normative questions are related. The justification for contractual obligation turns in part on what sort of a thing a contractual obligation is. And-though the point is more complex and controversial-our understanding of the nature of contractual obligations is determined in part by our views on what sorts of obligations are, or at least might conceivably be, legitimately enforced.
Objectivity, Subjectivity, and Incomplete Agreements
Authors: Endicott Timothy A O 
Published: November 2023

Abstract
What is a court’s role in adjudicating contract disputes? I will approach that question in two sections that deal with objectivity and incompleteness in agreements. I will assume that the central purpose of the law of contract is to enable people to enter into certain sorts of legally binding agreements. That assumption leads to the puzzles which I will address. It might seem that the court’s role in resolving a contract dispute is just to hold the parties to the resolution that they intended. The court should ask, ‘what outcome to a dispute like this did the parties intend?’ Where the parties had no intention, or had different intentions, the court’s task is either to find that there is no contract (if the issue is fundamental) or to imagine some counterfactual intention (if the issue is subsidiary to a set of shared intentions that is substantially complete).
The History Of The Equitable Doctrine Of Marshalling Of Securities
Authors: Ali Paul A U 
Published: November 2023

Abstract
The purpose of this chapter is to provide the foundations for the discussion, later in this text, of the competing juridical views as to how marshalling should preserve the priority-rankingof junior creditors, and the conditions and limitations which presently govern the application of marshalling. In contrast to the other cases discussed in the body of this chapter, Titley v Davies ‘1 was not concerned with the marshalling rights of a junior creditor. It was, instead, concerned with the ability of a junior creditor, having taken an assignment of the senior security, to ‘consolidate ‘ the senior and junior securities.12 On the debtor tendering payment of the senior debt, the doctrine of consolidation permitted the junior creditor to refuse to release the asset that was encumbered by only the senior security; instead the junior creditor was entitled to decline redemption of the senior security until the debts secured by both the senior and junior securities had been discharged.
Marshalling Of Securities And The Common Debtor Rule
Authors: Ali Paul A U 
Published: November 2023

Abstract
A junior creditor cannot marshall the security held by a senior creditor, simply because its security ranks behind, and is narrower than, the senior security. Should the senior creditor enforce its security to the detriment of the junior creditor, the junior creditor will as a general rule only be entitled to marshall the senior creditor if the requirements of the ‘common debtor rule ‘ have been satisfied.
Exceptions To The Common Debtor Rule
Authors: Ali Paul A U 
Published: November 2023

Abstract
This chapter is concerned with the sole situation in which it is recognised that English law will not insist upon strict compliance with the requirements of the common debtor rule, viz. where the assets subject to the senior security are separately owned by the debtor and a surety of the senior debt.1 This is the ‘surety exception ‘ to the common debtor rule.
Marshalling Of Securities And The Requirement Of Proprietary Securities
Authors: Ali Paul A U 
Published: November 2023

Abstract
This chapter is concerned with the nature of interests that are required for a marshalling claim and that may be the subject of such a claim. Two cases, in particular, are relevant to a determination of these issues. The first, Webb v Smith, is said to establish the requirement that, in order for marshalling to be available, both the senior and junior creditors must hold securities which confer upon them proprietary interests in the common debtor ‘s assets.
Marshalling Of Securities And Third Parties
Authors: Ali Paul A U 
Published: November 2023

Abstract
As a general rule, under English law, a junior creditor ‘s right to marshall the senior security is capable of being enforced not only against the debtor1 but also againsi: the majority of third parties claiming under the debtor. The junior creditor ‘s marshalling rights will prevail over secured creditors who rank behind the junior creditor* 2 and all unsecured creditors.3 Those rights will also prevail over the trustee in bankruptcy, receiver or liquidator of the debtor4 and the debtor ‘s real and personal representatives.5
Covenants Against Marshalling And Other Contractual Constraints
Authors: Ali Paul A U 
Published: November 2023

Abstract
The terms on which a senior creditor provides finance to a debtor are likely to include, as a ‘boilerplate ‘ clause, a covenant that purports to oust the right of other creditors to marshall the senior security. Such covenants are, however, based on a misconception as to how marshalling operates under English law.
Regulation And Deregulation
Authors: McCrudden Christopher 
Published: November 2023

Abstract
The chapters of this book are revised versions of papers presented at the Oxford Law Colloquium, held at St John ‘s College, Oxford in March 1998. The theme of the conference was regulation and deregulation. The Colloquium, organised by the Faculty of Law of the University of Oxford and the Norton Rose MS Group, was intended to be a meeting place for academics and practitioners (both legal and policy) interested in regulation, and we were fortunate that so many of those taking part were distinguished in the area of regulation. Some of the rich discussion which these papers generated is reflected in the revised papers and in the introductory chapter.
The 1998 Colloquium was the last one which Professor Roy Goode attended as the Norton Rose Professor of English Law. He was instrumental in the establishment of these colloquia, and this seems an appropriate occasion on which to mark his retirement from the Chair but not, we hope, from academic life, to which he has so singularly contributed. His scholarship, teaching, guidance, inspiration and plain good sense would be sorely missed if he were to retire in any but a purely formal sense.
The New Lease
Authors: Haley Michael 
Published: November 2023

Abstract
The most significant aspect of Part II of the Landlord and Tenant Act 1954 is, 9.01 arguably, that which deals with the new lease and the form it will adopt. It is on renewal that the delicate balance between interventionism and the free market is attempted. Nevertheless, the primary purpose of the Act is to encourage agree-ment between the landlord and the tenant as to the grant and the terms of the new lease. This agreement may be comprehensive or might be limited to terms, with- out acknowledgment of the tenant’s right to a new lease.1 The statutory rights afforded to the tenant are, thereby, designed to ensure that the parties negotiate upon a more equal footing.
Individual Action, Collective Action and Workers’ Strategy
Authors: Birnbaum Pierre 
Published: November 2023

Abstract
Paradoxically, Lenin and Olson, proceeding from diametrically opposed theoretical positions, reach the same conclusion concerning the working class’s disinclination to commit itself to a movement of collective mobilization. This identical finding is explained in opposing ways. For Lenin, it is the dominant ideology in the service of the bourgeoisie which encourages workers to prefer automatically the raising of their standard of living, and which, by alienating them, deflects them from any true consciousness. This situation thus necessitates the creation (in capitalist countries too) of a party of professional revolutionaries who ‘from the outside’ will detonate this collective mobilization of the working class, which otherwise would be extremely improbable.
Outer Eastern Polynesia
Authors: Gell Alfred 
Published: November 2023

Abstract
In view of the fame and relatively full documentation of Maori moko, it might be expected that the ensuing account of tattooing in New Zealand would be long and complicated. But I shall be relatively brief, for a number of reasons. First of all, Maori moko has already been the subject of two monographs (Robley 1896; Simmons 1986) not to mention a number of shorter but still informative articles, especially notable being those by Roth (1901), Simmons (1983), and Gathercole (1988). Unfortunately, the legacy of fine drawings, paintings, and prints showing tattooed Maori chieftains, is not matched by an equally rich array of documents giving insight into the meaning of Maori body art. It seems that this art was only loosely articulated to the major institutions of Maori politics and religion, at least, this is the impression one derives from an initial reading of the better-known sources. But scattered here and there in the literature, there are hints which suggest that Maori moko was rather more than a particularly striking form of personal adornment. Whereas in Samoa, the Marquesas, or even the Society Islands, it is relatively easy to establish the presence of political and cosmological elements in tattoo art—as I hope the preceding chapters have sufficiently demonstrated—the Maori material affords few such easy insights into deeper meanings.
Impartiality
Authors: Barry Brian 
Published: November 2023

Abstract
My choice of an epigraph drawn from Karl Popper’s The Open Society and Its Enemies 1 is not a casual one. Looking back later at the writing of that book, which was completed in 1943 (though only published later), Popper wrote: ‘My own voice began to sound to me as if it came from the distant past—like the voice of one of the hopeful social reformers of the eighteenth or even the seventeenth century.’ Those words were written in 1950, and Popper added that his mood of depression had by then passed. Fifty years later, I find the state of mind that Popper recalled having been in during 1943 only too familiar.
In Daur Landscapes
Authors: Humphrey Caroline , Onon Urgunge 
Published: November 2023

Abstract
Urgunge’s fleeting observations about the world around his childhood village of Bokorchien never built up into a coherent picture. This chapter reveals several different kinds of discontinuity in his accounts and those of other Daurs. I briefly discuss this point here. Towards the end of the chapter I describe how the various disengaged domains of nature were, however, linked by one particular discourse, that of ‘power’ or ‘mastery’.
Space and Time Beyond the Village
Authors: Humphrey Caroline , Onon Urgunge 
Published: November 2023

Abstract
One often meets in the literature the idea that the peoples of North Asia think in terms of a tripartite cosmos, consisting of an upper world (the sky), a middle world (the earth), and an underworld. However, listening to Urgunge and other Daurs talking I found they mentioned this structure only in a particular context, as destinations for souls after death and, less often, as sources for souls yet to be born. Such talk might go along the lines that souls of good people go to the sky and bad souls go to the underworld, and then of course there was our own visible world. So that makes three.
Male and Female Traditions in Ritual
Authors: Humphrey Caroline , Onon Urgunge 
Published: November 2023

Abstract
The traveller’s tale shows how even a deliberately prosaic representation of reality has its subtleties and its point of view. Its facticity is not transparent but constructed. Ritualization introduces other kinds of construction that can intensify the particular interpretations of reality of social groups and individuals. Just as ‘reading a book’ evokes a different visualization of the places and characters from ‘seeing a film’, the particular compositions of rituals make possible their own otherworldly and enchanted ways of putting ideas together. But although ‘shamanism’ does not exist anywhere without ritualization, we should beware of thinking that rituals are all there are to it. It is interesting to think about which parts of religious life are not ritualized and why this should be so.