bluuebunny/crossref_metadata_2025_split huggingface dataset:
Class Actions and the Scarce Resource of the Law
Authors: Finn Meghan 
Published: January 2024

Abstract
Class action litigation in South Africa is burgeoning as a tool for securing collective relief. South Africa remains marred by gaping inequality, which includes inequality in access to courts through litigation. This chapter discusses the evolution of rules of standing in South African law. It argues that developments in class action procedures advance the state’s distributive justice mandates in two significant ways. First, class actions enable access to courts where litigation is costly and opaque. In this way, class actions make possible a more equitable distribution of legal representation. Second, class actions can be used instrumentally to serve distributive justice goals, in providing a procedural mechanism for the vindication of socio-economic rights. Additionally, class actions do not only serve distributive justice ends: given South Africa’s history of colonial and apartheid injustice, class actions can serve as a mechanism—albeit partial and imperfect—for redressing historic wrongs.
Joint Reflection: The South African and Colombian ‘Peace Agreements’
Authors: MnisiWeeks Sindiso , Rivera-Drago Diana Carolina 
Published: January 2024

Abstract
The joint reflection analyses the commonalities and differences between the consequences of transition to a post-conflict order for the Indigenous groups in Colombia and traditional peoples in South Africa. It also explains how Indigenous movements have contributed to the construction of peace and the advancement of transitional and distributive justice in both countries. Lessons are drawn from the comparison to project what each country could do differently to enhance the tenure security of these Indigenous and traditional people groups that were previously dispossessed of their land and are still waiting for full compensation for the harm they suffered during the conflicts in both countries.
Exploring the Relationship Between Violent Protest and Procedural Injustice in South Africa’s Democratic Transition
Authors: Cachalia Raisa 
Published: January 2024

Abstract
This chapter explores the ‘procedural dimension’ of transitional justice, specifically, the constructive role that procedural values can play in consolidating peace and democracy in South Africa. This theme is developed against the backdrop of high levels of violent protest action in South Africa arising, at least partly, from a feeling of dissatisfaction with the quality of governance in the post-apartheid context. The chapter analyses the role that procedural values can play in dissuading citizens from resorting to violence as the modality for compelling government responsiveness. The chapter engages with two key justifications for valuing procedural standards in public decision-making. The first is the ‘outcomes justification’: officials who exercise their powers fairly, impartially, and in a manner that can be justified are more likely to make good quality decisions. That promotes a culture of respect for government decisions and can assuage societal tensions and inclinations towards violence. The second is the ‘process justification’: a more involved and better informed citizenry is more likely to accept public decisions—even those that are unfavourable—and will, as a result, be less likely to resort to violent self-help in order to be heard. The crux of the argument is that if one of the causes of violence is that citizens feel unheard, then public officials ought to demonstrate their commitment to procedural justice as a means of deterring violent protest action by discontented citizens. In this way, procedural justice can play a key role in advancing the goals of transitional and distributive justice.
Beyond DemocracyMeaningful Public Participation as a New Approach to Public Decision-Making in the Context of Colombia’s Transitional Justice Process
Authors: Echeverri Julián Andrés Pimiento , Milkes Irit 
Published: January 2024

Abstract
Several viewpoints support the idea that transitional justice should serve the dual purposes of promoting and consolidating peace and ensuring the peaceful end of armed conflict. Numerous actors are involved in establishing a stable and long-lasting peace, all of whom interact with one another and participate in its construction. Our primary argument is that, although being a key component of the peace agreement, citizen engagement is nevertheless riddled with paradoxes. The case for emphasising public engagement demonstrates that participation must be meaningful for it to be effective. The primary goal of this chapter is to discuss the concept of ‘meaningful participation’. This is done by proposing elements that, based on the Colombian experience, could contribute to the realisation of meaningful citizen participation as a mechanism for promoting a stable and lasting peace.
Time Limits
Authors: Mansfield Gavin , Banerjee Lydia 
Published: January 2024

Abstract
This chapter focuses on the time limits of bringing claims, which are mostly handled by the tribunal's jurisdiction. It looks into the consideration of specific statute's wording, early conciliation process, and date of presentation. Failure to comply within the time limit results in the claimant's inability to pursue a claim. If an application is presented late, discretion may be able to extend the time limit under the provision of relevant statutes. The chapter explains that the tribunal considers the extension when the situation applies to unfair dismissal and most other employment protection rights. It also considers specific cases of time limit concerning matters like unfair dismissal and discrimination.
Conciliation and Settlement
Authors: Mansfield Gavin , Banerjee Lydia 
Published: January 2024

Abstract
This chapter covers the conciliation and settlement of disputes. It elaborates on the duty of ACAS to endeavour to promote the settlement of disputes. Since 2013, the protected conversation regime created an opportunity for employers to enter into pre-termination discussions with employees, which then make it impermissible for either party to refer to negotiations amidst tribunal proceedings. The chapter clarifies that if a settlement agreement does not meet the requirements of an ACAS conciliated agreement or a settlement agreement, it will not prevent a claimant from pursuing a claim in the tribunal. It explains that a settlement agreement may be set aside under the grounds of mistake, misrepresentation, illegality, duress, or undue influence.
Judgments, Decisions, and Orders
Authors: Mansfield Gavin , Banerjee Lydia 
Published: January 2024

Abstract
Chapter 11 (Judgments, Decisions, and Orders) discusses the procedural requirements for the judgments, orders, and reasons of an employment tribunal, as well as examining the doctrine of res judicata specifically in the tribunal context. It first discusses the classification of decisions, including the distinction between judgments and case management orders, and the form such decisions should take. It then addresses the question (relevant to many employment appeals) of the requisite content of a tribunal’s written reasons and reviews the latest Court of Appeal authorities on the requirement of Meek-compliance. The chapter concludes with a comprehensive discussion of the difficult concepts of res judicata, cause of action estoppel, issue estoppel and abuse of process, and how they apply in employment tribunal litigation.
Reconsideration of Judgments
Authors: Mansfield Gavin , Banerjee Lydia 
Published: January 2024

Abstract
Chapter 13 (Reconsideration) explains when and how Employment Tribunal decisions can be reconsidered under rule 70 of the Employment Tribunal Rules 2013. It firstly considers which decisions fall within the scope of rule 70. It then examines the grounds for reconsideration and the procedure on an application for reconsideration. Finally, it considers the slip rule.
Special Jurisdictions
Authors: Mansfield Gavin , Banerjee Lydia 
Published: January 2024

Abstract
Chapter 15 (Special Jurisdictions) sets out the special rules governing national security proceedings in the employment tribunal and those governing the tribunal’s limited appellate jurisdiction. The discussion of national security proceedings encompasses ‘closed material’ procedures, witness orders, the role of the special advocate, and the different requirements of written reasons. As to the tribunal’s appellate jurisdiction, the text provides an overview of the special procedural rules relating to appeals from statutory levy assessments, improvement and prohibition notices (under both the Health and Safety at Work etc Act 1974 and the Energy Act 2013), and unlawful act notices (under the Equality Act 2006).
Employment Appeal Tribunal
Authors: Mansfield Gavin , Banerjee Lydia 
Published: January 2024

Abstract
This chapter focuses on the procedures and duties of the employment appeal tribunal (EAT). A party may appeal a tribunal’s decision to the EAT on the grounds that an employment tribunal has wrongly applied a principle of law or had no evidence to support its decision. Even though the EAT will not entertain academic appeals which do not affect the decision, new evidence will be allowed depending on exceptional circumstances. The chapter explains that the EAT has the power to award costs and review its decisions on interim matters in ways similar to the employment tribunal. It mentions how parties unsuccessful with the EAT may appeal to the Court of Appeal with appropriate permissions.
Tribunal Procedure and Appeals in Scotland
Authors: Mansfield Gavin , Banerjee Lydia 
Published: January 2024

Abstract
This chapter explains tribunal procedure and appeals in Scotland. It highlights differences in how the Employment Tribunal Rules of Procedure 2013 (ETR 2013) apply in Scotland, by comparison with England andWales.. The provisions of the Employment Tribunals Act 1996 govern appeals from the employment tribunal to the employment appeal tribunal (EAT), but aspects of the EAT's procedure differ in Scotland, as explained in the EAT Practice Direction or 2013. The chapter discusses aspects of tribunal procedure in Scotland, with reference to such factors such as witness statements, hearings, documents, costs, and enforcement of awards. It clarifies the need to be aware that it is not always safe to assume that the common law of Scotland in matters of contract, tort (delict), and in public law is the same as that of England and Wales.
Court of Appeal
Authors: Mansfield Gavin , Banerjee Lydia 
Published: January 2024

Abstract
Chapter 21 (Court of Appeal) reviews the rules and procedure governing appeals from the Employment Appeal Tribunal to the Court of Appeal. It examines Part 52 of the Civil Procedure Rules (as re-enacted in 2016) and considers the relevant test for permission to appeal in second-tier employment appeals. The essential elements of preparing for, and conducting, an appeal in the Court of Appeal are surveyed. The updated chapter outlines ‘electronic working’ and new features of appellate hearings which have developed since the start of the Covid-19 pandemic (including remote hand-down of judgments). It also addresses what costs may be ordered in appeals from the normally costs-free jurisdiction of the employment tribunal.
Collective Labour Law Institutions—The Central Arbitration Committee and Certification Officer
Authors: Mansfield Gavin , Banerjee Lydia 
Published: January 2024

Abstract
This chapter tackles the collective labour law institution in correlation with the Central Arbitration Committee (CAC) and certification officers. The chapter cites that the CAC determines its procedure without any set or established procedural rules. Moreover, the CAC's jurisdiction primarily revolves around trade union recognition and its main function is to adjudicate applications for statutory recognition and derecognition of trade unions for collective bargaining purposes. Meanwhile, the certification officer is appointed by the Secretary of State for the Department for Business, Energy and Industrial Strategy (BEIS) in consultation with ACAS under the Trade Union and Labour Relations (Consolidation) Act 1992. The chapter mentions how the certification officer often acts based on written evidence.
Status
Authors: Mansfield Gavin , Banerjee Lydia 
Published: January 2024

Abstract
This chapter highlights the significance of status. It explains that ‘status’ primarily refers to the status of an individual seeking protection within the employment tribunal, which is highly likely the individual's contractual status. Different statutory regimes provide rights and entitlements to different groups of individuals, so it is important to determine the status of the individual bringing the claim to ascertain whether the tribunal has jurisdiction. Moreover, status is significant as it dictates the statutory rights and protections to which an individual is entitled whilst working under a contract. The chapter also considers other rights of employees, such as the common law, the duty of mutual trust and confidence, and an employer's tortious duty of care.
Dismissal
Authors: Mansfield Gavin , Banerjee Lydia 
Published: January 2024

Abstract
This chapter covers the employees' rights not to be wrongfully or unfairly dismissed. An employer may legitimately terminate an employee’s employment without notice or money in place of notice if the employee committed gross misconduct or other serious breaches of his contract of employment, such as dishonesty, disobedience, or serious incompetence. However, if an employer terminates an employee’s contract without legitimate reason, the employee is entitled to compensation for his notice period. The chapter considers the court's jurisdiction in wrongful dismissal cases and unfair dismissal cases. It also tackles the general checklist of employers to conduct unfair dismissal of their employees.
Discrimination
Authors: Mansfield Gavin , Banerjee Lydia 
Published: January 2024

Abstract
This chapter tackles the extent of the prohibition on discrimination in employment situations and quasi-employment situations. The Equality Act 2010 (EqA 2010) codifies the anti-discrimination legislation into one statute in an effort to harmonize discrimination law and strengthen the law supporting equality progress. Thus, employers and their principals are generally liable for the discriminatory acts of their employees and agents. The chapter covers how courts and tribunals acknowledge the difficulty of obtaining evidence of discrimination, referencing the usage of statutory questionnaire procedures. It then considers the limitations of EqA 2010 while referencing how respondents to discrimination claims have a limitation defence such as time limits.
Equal Pay: Law and Procedure
Authors: Mansfield Gavin , Banerjee Lydia 
Published: January 2024

Abstract
This chapter introduces the law of equal pay. The Equality Act 2010 (EqA 2010) prohibits discrimination concerning terms and conditions of employment between men and women. Moreover, The EqA is underpinned by European law found in both the Treaty of Rome and several European Directives. The chapter explains that an equal pay claim will not be successful if the employer can point to a material factor (MF) between the complainant and the comparator which explains the pay differential. Some EqA 2010 provisions are designed to eliminate the gender pay gap by prohibiting secrecy in pay practices and by requiring companies to undergo gender pay audits.
Whistle-blowing
Authors: Mansfield Gavin , Banerjee Lydia 
Published: January 2024

Abstract
This chapter considers the statutory protection for whistle-blowers. It elaborates on the provisions of the Public Interest Disclosure Act 1998 and the Employment Rights Act 1996 (ERA 1996) for the protection of employees and workers who have made protected disclosures. Despite the changes, the effectiveness of the legal protection for whistle-blowers remained under review by the government. Dismissal of an employee is automatically unfair if the reason (or principal reason) for dismissal is that the employee made a protected disclosure. The chapter also mentions the unlawfulness to subject an employee or worker to detriment on the ground they made a protected disclosure.
Remedies for Unfair Dismissal
Authors: Mansfield Gavin , Banerjee Lydia 
Published: January 2024

Abstract
This chapter explores several remedies for unfair dismissal. It notes how an award of unfair dismissal compensation is composed of a basic award and a compensatory award. Meanwhile, an additional award of between twenty-six and fifty-two weeks’ pay will be awarded following an employer's failure to comply with an order for reinstatement or re-engagement. The chapter clarifies the calculation of the basic award and compensatory award, citing how compensation for injured feelings may not be recovered as part of the compensatory award. It then notes how the assessment of future loss involves a consideration of both old job facts and new job facts.
Remedies in Discrimination Cases
Authors: Mansfield Gavin , Banerjee Lydia 
Published: January 2024

Abstract
This chapter considers the remedies in discrimination cases. Compensation can be recovered under the Equality Act 2010 (EqA 2010) where a claimant successfully brings a claim against a respondent in respect of protected characteristics such as age and disability. The chapter then elaborates on the compensation addressing direct discrimination, victimization, non-financial loss, indirect discrimination, and compensation for part-time workers and fixed-term employees. The amount of compensation is assessed similarly to any other claim in tort or in reparation for breach of statutory duty. Moreover, the award may include compensation for injury to feelings and injury to health. The chapter explains that aggravated damages may be awarded where the discriminator has acted in a high-handed, malicious, insulting, or oppressive manner.
The Social Ontology of Money
Authors: Hindriks Frank 
Published: January 2024

Abstract
Is money an object? Although paper money is naturally regarded as a material or concrete object, this characterization does not hold for electronic money. John Searle maintains that institutional statuses, such as those of money and property, are imposed on concrete objects. But he regards electronic money as an exception. He claims that, as it is realized by computer systems, the status of money is not imposed on anything. But this somewhat mysterious claim leaves us in the dark about its ontological standing. This chapter critically discusses four alternatives to the view that money is always a concrete object. It might be an abstract object. But it could also be a property of an agent. Two further possibilities are (1) it is a concrete object in some cases and an abstract object in other cases, or (2) it is a concrete object in some cases and a property of an agent in other cases. To shed light on the plausibility of these views, the nature and functions of institutions more generally are discussed.
Truth in Financial Accounting
Authors: Cowton Christopher J. 
Published: January 2024

Abstract
Popular discourse about financial accounting suggests that accounting numbers, such as profit, are veridical insofar as they describe or reflect some portion of the world and misleadingly wrong or inaccurate insofar as they fail to do so. This chapter explains, through a review of key features of accounting practice, why a simple correspondence view is incorrect. Nevertheless, resonances with three broad approaches to truth can be found in aspects of accounting practice and thought. Without committing to any particular form of alethic pluralism, the chapter identifies points of connection between accounting and correspondence, coherentist and pragmatist accounts of truth. Therefore, although common sense notions of correspondence to the world might be naïvely in error, there is at least some reason to resist the idea that “anything goes” with respect to the truth of financial accounting numbers.
Financial Economics: What Kind of Science Is It?
Authors: Heilmann Conrad , Szymanowska Marta , Vergara-Fernández Melissa 
Published: January 2024

Abstract
The chapter provides a roadmap for how philosophers of science can engage more with financial economics. It argues that financial economics is best characterized by its use of models and its performative nature. This is demonstrated by focusing on the Capital Asset Pricing Model (CAPM), the centre-stage model of asset pricing that enjoys enduring popularity in academic research and industry practice. Assessing the epistemic performance of financial economics, the chapter argues that the model-based and performative character of financial economics is: (1) visible in the history of its emergence and its current scientific practice; (2) central to the kind of insights it aims to generate; and (3) key to understand what kind of ethical values are at play. The questions emerging from these issues are fertile ground for further research in the emerging field of the philosophy of science of financial economics.
Credit and Distributive Justice
Authors: Meyer Marco 
Published: January 2024

Abstract
The author argues that the credit system may improve distributive justice, but only indirectly, via job creation and government spending. The reason for this is that cheap credit on commercial terms is only available to people in the upper half of the wealth distribution. By contrast, the forms of credit available more widely are too expensive to make taking out credit a realistic option to escape poverty for most. However, credit can improve distributive justice indirectly, if entrepreneurs and corporations borrow for purposes that create jobs, or states spend borrowed funds on programs that address poverty or inequality. For these reasons, the author suggests that improving access to credit is less important from the perspective of distributive justice than how the credit system interacts with the tax system and labor laws.
Freedom and Financial Market Reform
Authors: Preiss Joshua 
Published: January 2024

Abstract
The argument in this chapter is a simple one, but with major implications for freedom and markets and the ends of financial market reform. Drawing upon both political philosophy and economic history, it argues that economic freedom depends on the accountability of institutions that structure individual market choices. Failure to recognize this fact gives license to concentrations of political and economic power and exacerbates principal–agent problems, creating firms that are often too big to fail, and an industry whose regulation is often too complex to enforce. These trends virtually guarantee the outsourcing of one of the central tasks of government in a free society: the creation and maintenance of institutions that structure markets. Freedom-minded financial market reform should be directed at a simpler and more narrow banking and regulatory system that counters the ways in which complexity, instability, power and information asymmetries, and regulatory capture make people less free.
Conclusion
Authors: Slowik Michael 
Published: January 2024

Abstract
The Conclusion considers Rouben Mamoulian’s shifting legacy after he stopped directing films and examines the magnitude of Mamoulian’s contributions to the history of American film style. By attending closely to Mamoulian’s theories, films, archival materials, and the filmmaking contexts within which he worked, we can see that Mamoulian’s methods are often best understood not in terms of “firsts,” but rather as prescient and rigorous explorations of film’s potential as an art form. Mamoulian directed a diverse array of films, but they were driven by a coherent and consistent effort at defining cinema as a medium-specific piece of artistry.