bluuebunny/crossref_metadata_2025_split huggingface dataset:
Politics and Law
Authors: Luhmann Niklas 
Published: October 2023

Abstract
Systems theorists generally assume that a distinction must be made between the legal system and the political system. These systems are seen as different sub-systems of society. This is especially true if we embrace the concept of autopoiesis and insist upon the autonomy and historical individuality of all social systems. However, most other social theorists reject this viewpoint because of the close and obvious relationship between politics and law.
A theory of the autopoietic, operatively closed legal system envisages that this system is able to draw a distinction between itself and other functioning systems. Hence if any external observer of the system wants to observe and describe it appropriately, he will eventually confront this distinction, which is produced in the system itself. Even if this is plausible on the whole, it creates a problem regarding the relationship between politics and law. A long tradition, going back to early modem times, makes us inclined to see only a unified politico-legal system.
Crime: in Proportion and in Perspective
Authors: Gardner* John 
Published: October 2023

Abstract
What is the criminal law for? Most explanations nowadays focus exclusively on the activities of criminal offenders. The criminal law exists to deter or incapacitate potential criminal offenders, say, or to give actual criminal offenders their just deserts. In all this we seem to have lost sight of the origins of the criminal law as a response to the activities of uictims, together with their families, associates and supporters. The blood feud, the vendetta, the duel, the revenge, the lynching: for the elimination of these modes of retaliation, more than anything else, the criminal law as we know it today came into existence.
Crime Seriousness and the Offender-Victim Relationship in Sentencing
Authors: Wasik Martin 
Published: October 2023

Abstract
The questions ‘why punish?’ and ‘how much?’ are located within political and social theories for which the relationship between the State and the criminal offender is the defining concern. We ask in what circumstances the imposition of punishment on the offender by the State can be justified at all and, where it can, what limitations should be placed upon the form and duration of that punishment.
Sentencing Young Offenders
Authors: Zedner* Lucia 
Published: October 2023

Abstract
Desert theory has conferred significant benefits upon young offenders sentenced by the criminal courts. It has introduced a host of due process rights into the sentencing process, curtailed the range of factors considered in deciding the sentence, and placed strict limits upon the length and nature of the sentence imposed. In so doing it has reasserted the rights of young people to enjoy levels of certainty, consistency, and parsimony in sentencing which were often denied them in the past.
Police Powers: Law in the Books and Elsewhere
Authors: Dixon David 
Published: October 2023

Abstract
This Chapter is concerned with the nature of police powers in England and Australia. The focus is not on specific powers (although some are discussed as examples) but rather on ‘police powers’ as a concept. Issues discussed include the origins and development of police powers, the relationship between powers and duties, the role of powers in policing practices, the legal concept of police powers, and the utility of changing police powers in response to concerns about crime and disorder. The argument running through what follows is that police powers cannot usefully be considered in legalistic isolation. What a power means is usually defined (at least in part) by how it is used. In this sense, police powers and policing practices can not be clearly distinguished.
Environmental Protection and Human Rights: Conceptual Aspects
Authors: Merrills J G 
Published: October 2023

Abstract
To speak of a right to a healthy environment as a collective right, or to say that as part of their basic human rights individuals have certain entitlements in relation to the environment, is to use the language of rights to further particular objectives which the speaker thinks are important. In this respect discussion of ‘environmental rights’ is no different from the contemporary debate over abortion, self-determination, euthanasia, the rights of indigenous peoples and many other issues in which rights are asserted, challenged, and argued about by the proponents of different points of view. As these examples show, rights talk is both pervasive and exciting.
Life, The Universe and Everything: A Critique of Anthropocentric Rights
Authors: Redgwell Catherine 
Published: October 2023

Abstract
In Chapter 3 we saw that one critique of a human rights approach to environmental protection is its anthropocentricity; that a human right to a clean, healthy, or decent environment ignores the rights of animals and nature. There are two distinctive strands to such criticisms, broadly identified as deep ecology or environmentalism, and animal rights.4 Within each strand different motivations and philosophies are at work, ranging from a religious reverence for the preservation of all life to a more generalized repugnance towards anthropocentric justifications for environmental conservation. It is the purpose of this chapter to examine critiques of a human rights approach to environmental protection as ‘anthropocentric’ from the animal rights and environmentalist perspectives.
Doorkeepers to Many Rooms
Authors: Parker Christine 
Published: October 2023

Abstract
The ominous statement which begins Kafka’s famous parable of the futility of modern law-’Before the law stands a doorkeeper’ (Kafka 1992: 285)-sums up much of our knowledge of access to legal justice.’ His villainous doorkeeper with ‘big sharp nose and long, thin, black Tartar beard’ (Kafka 1992: 285) fits well the gloomy picture of the legal profession painted by much contemporary socio-legal scholarship and by many advocates for the reform of the profession’s (self-) regulation.
The Ethics of Justice
Authors: Parker Christine 
Published: October 2023

Abstract
While the community sees the legal profession’s problems in terms of specific complaints of overcharging, low-quality service, and the distortion of justice for the highest bidder, the most serious potential pathology of the legal profession is its failure to comprehend its role in a broader access to justice agenda. The primary significance of the legal profession for access to justice lies not in how well or badly they perform the technical task of providing legal services to a range of citizens, but in the culture or ideology of justice lawyers carry and support. It may be so narrow that it colonizes and corrupts non-legal forms of justice, denying the breadth of processes by which citizens may gain access to justice.
Competing Images of the Legal Profession: Competing Regulatory Strategies
Authors: Parker Christine 
Published: October 2023

Abstract
Policy arguments for reform to the regulation and organization of the legal profession often take place within the framework of two basic paradigms. Traditionalists prefer the ideal type of an independent, self-regulating profession, while reformers lean towards a model of forcible deregulation to meet requirements for a competitive market. Normative policy arguments reflect the underlying and inchoate theories of the empirical nature of the profession their proponents hold. Corresponding theories can also be found in the scholarly literature on the professions: sociological functionalism portrays lawyers as a learned, independent community of specialists who must be trusted to govern themselves (Goode 1957, Parsons 1954a), while the market control approach sees the profession as an inherently self-serving monopoly protected by ideology and a lack of accountability, which should be distrusted (Abel 1988b, 1989a, Larson 1977).
Re-Emergence of an Old Challenge for the International Community
Authors: Fidler David P 
Published: October 2023

Abstract
Scientists and public health experts identify emerging and re-emerging infectious diseases as great public health threats facing humanity at the approach of the new millennium. Emerging and re-emerging infectious diseases are defined as ‘diseases of infectious origin whose incidence in humans has increased within the past two decades or threatens to increase in the near future’. This definition includes not only diseases never previously identified but also diseases that many believed had been conquered. A United States government inter-agency working group identified twenty nine new infectious diseases and twenty re-emerging diseases since 1973. The phenomena of emerging and re-emerging infectious diseases have raised awareness about infectious disease threats after decades of complacency.
Interests in Securities
Authors: Benjamin Joanna 
Published: October 2023

Abstract
This book provides a uniquely clear and accessible analysis of the legal aspects of the international markets in securities (such as shares and bonds). It considers the legal implications of the computerisation and globalisation of these markets, and in particular the impact of the use of custodians, depositaries and other intermediaries by investors and collateral takers holding interests in securities. In the light of this analysis, the book goes on to consider a range of both traditional and innovative services and products in the international securities markets. These include a range of collateralisation techniques (including secured lending, repurchase agreements, securities lending and derivatives collateral) custody, settlement and repackaged securities (including managed funds and collateralised bond obligations). The position under both domestic and private international law is considered. The book is written in plain language so as to be accessible to the relative newcomer to the field, and to market professionals as well as lawyers. However, it is also sufficiently detailed to provide a valuable source of reference and analysis for experienced practitioners engaged in managing legal risk in cross-border securities collateral and investment. Given the global nature of the securities markets, it will be of international relevance and appeal.
Conclusion
Authors: George Stephen 
Published: October 2023

Abstract
In 1973 Britain joined a Community that had already been in existence, in different forms, for over twenty years. The original member states had developed rules and ways of working together during that period. The rules were not all favourable towards the new member: for example, both the domination of the budget by the CAP and the system devised for funding the budget disadvantaged Britain. So far as the methods of working together were concerned, the British simply had a lot to learn, and that was bound to take time. Both of these factors contributed to gaining Britain a reputation for being an awkward partner. Attempts by successive British Governments to find ways of removing the financial disadvantages of the budgetary arrangements led to a situation in which they were arguing against the representatives of the other member states, most of whom were net beneficiaries of the budget; and a certain clumsiness in pursuing their aims added to the impression of awkwardness, even though it was to some extent simply a consequence of the need to learn how the EC worked.
The Routine Fare: Knowsley North
Authors: Norris Pippa 
Published: October 2023

Abstract
On the basis of the campaigns outlined so far we have identified two basic categories of by-elections. On the one hand there are the dramatic contests with unexpected winners and losers, the famous by-elections typified most clearly by Glasgow Hillhead, Hamilton, Lincoln, Bermondsey, and Orpington. These are the classic by-elections remembered long after the event, which can have a significant impact on the national political scene. On the other hand there are the more routine by-elections exemplified by Tyne Bridge, Glasgow Queens Park, and by Southwark and Peckham during Mrs Thatcher’s second term, generating minimal attention and predictable results. The solid Labour seat of Knowsley North in November 1986 exemplifies these low-key campaigns while a few months later Greenwich clearly falls into the volatile category. We will therefore compare these campaigns as detailed case-studies, using the available survey evidence to analyse the conditions producing these different outcomes.
The Political Earthquakes: Greenwich
Authors: Norris Pippa 
Published: October 2023

Abstract
If Knowsley North can be seen as typical of the routine contests, Greenwich can be taken as a case-study for the volatile by-elections such as Bermondsey, Ryedale or Orpington. From the announcement of the by-election, following the death on 24 December 1986 of the Labour MP Guy Barnett, Greenwich had all the hallmarks of a high-profile contest. First the timing of the by-election guaranteed maximum publicity. From the autumn of 1986 intense speculation about when the Prime Minister would go to the country heightened interest in any indicators of party strength.
Electoral Volatility and Partisan Dealignment
Authors: Norris Pippa 
Published: October 2023

Abstract
In the second part of the book we need to move beyond particular constituency results to develop theories which can account for systematic trends. In this chapter we will start by considering explanations of electoral volatility based on theories of partisan alignment, dealignment, and realignment, to understand why by-elections have been transformed from the quiescent two-party politics of the fifties to the more unpredictable multi-party contests of the eighties.
In the classic account of voting provided by Butler and Stokes three major sources of electoral change were identified: long-term trends involving the physical replacement of the electorate, partisan re alignment where voters transfer their traditional party loyalties and lastly the short-term response of the electorate to the immediate issues and events of politics (Butler and Stokes 1974: 6).
The Comparative Context: Australia and Canada
Authors: Norris Pippa 
Published: October 2023

Abstract
By-Elections are used world-wide to fill legislative seats which fall vacant between regular elections. Sixty-four countries, with diverse political systems, use by-elections for all Parliamentary vacancies; they range from China to Poland, to New Zealand, Malta, South Africa, and Iran. Another thirty use by-elections to fill vacancies in the lower chamber, either commonly or in special circumstances such as the absence of any substitute candidates; these include Canada, Australia, the United Kingdom, and the United States. Only thirty-five countries employ substitute lists or legislative appointments rather than by-elections; these include Israel, Norway, Italy, and the Netherlands.
Aligned Neutrality
Authors: Holbraad Carsten 
Published: October 2023

Abstract
A power, it has been said, gains maturity through defeat.1 Only the bitter experience of adversity in external relations can teach a power to set limits to its expansion and educate it into being a good neighbour. If maturity in international politics consists in voluntary limitation of territorial objectives, the series of defeats and losses suffered by Denmark in the seventeenth and particularly the nineteenth centuries certainly rendered it mature. But Denmark went far beyond checking the expansionist tendencies that had marked its international conduct in earlier times. Over the centuries, it took leave of one means after another of conducting foreign policy and, apart from two wars by its southern border in the mid nineteenth century, adopted an increasingly passive role in Euro pean politics. While becoming ever more preoccupied with inter national trade, international law, international morality, and international society, it nearly turned its back on international politics.
Scandinavia
Authors: Esaiasson Peter 
Published: October 2023

Abstract
Whatever horrors World War II brought to the Scandinavian countries it did civilize electioneering. As things returned to normal after the war the democratic parties agreed upon certain practical rules of the game. In Sweden the common belief in democracy was manifested in unanimous decisions to cut down on the distribution of printed pamphlets, to begin the putting up of posters at a fixed day five weeks before the election, and to grant every party equal rations of petrol. Similar agreements were made in Denmark and Norway. Only in Finland was the situation different. The country’s dramatic history, its special relations with the Soviet Union and its strong Communist Party, made a climate of basic trust between the main political actors a virtual impossibility .1
Japan
Authors: Curtis Gerald l. 
Published: October 2023

Abstract
Japan’s experience with political parties and elections goes back over a century. The first parliamentary election was held in 1890, for an electorate restricted to male property owners-just 1 per cent of a total population of forty million, or one in twenty-five adult men. The suffrage gradually expanded over the next three decades, and in 1925 Japan adopted universal manhood suffrage. In the decade which followed, parties became increasingly important and electoral competition grew in intensity. Even though military involvement in politics brought about the demise of the party system in the late 1930s, Japan did not discard elections entirely even during World War II. An election was held in 1942 in which several politicians ran as independents against the government-sponsored Imperial Rule Assistance Association. A number of the successful independents in that wartime election went on to play important roles in post-war politics.
Electoral Politics
Authors: Kavanagh Dennis 
Published: October 2023

Abstract
Elections are universal methods of political choice and decision-making. This book has commissioned essays on key topics of voting behaviour, election rules, the media, election pacts, and the consequences of elections. The essays are by distinguished authors drawn from both sides of the Atlantic, including Donald Stokes, Austin Ranney, Richard Rose, Anthony King, and Dennis Kavanagh. They form a tribute to the famous student of elections, David Butler.
Valence Politics
Authors: Stokes Donald 
Published: October 2023

Abstract
Communication between leaders and led is a central, problematic element of political democracy. The importance of this element at the dawn of the democratic idea is shown by the inclusion of rhetoric among the liberal arts preparing the citizen for the civic role. But democracy took root in little places, like Athens or Thebes, where direct discussion was possible. Its extension through representative institutions to the colossal states of the modern world makes still more problematic the communication of alternative leaders with those they would represent. The rise of political parties has always been seen as partly a means of easing this problem, and the study of parties and electoral systems has been partly a study of communication between the leaders who compete for public support and the public that, by giving support, clothes these leaders in legitimate authority.
Liberalism and Public Justification
Authors: Macedo Stephen 
Published: October 2023

Abstract
What does liberalism stand for? What does it mean to be a citizen of a liberal, constitutionalist regime? How can we live up to the demands that such a regime imposes on us? To answer these questions requires an effort in critical, moral, self-interpretation: what do we stand for at our best? What in our practices and ways are we proud of?
Part of the answer to these questions, and perhaps the part that springs most quickly into our minds, is that as citizens of liberal, constitutional regimes, we enjoy certain rights, we are free to choose along a fairly wide spectrum, and the security of our persons and property is protected. We receive, in other words, certain political goods at reasonable (or at least acceptable) cost: paying our taxes, obeying the law, voting now and then. The benefits of private citizenship are not to be sneezed at: they place certain basic human goods (security, prosperity, and freedom) within the grasp of nearly all, and that is nothing less than a fantastic human achievement.
Housing in Parliament
Authors: Brand Jack 
Published: October 2023

Abstract
Housing in Britain is a party political issue. Duclaud Williams points out that most of the housing questions which are battled over in Parliament are decided by civil servants in France. Housing attracted the attention of the reforming British governments of the nineteenth century in their attempts to remove the slums, and several incidents have reinforced this political character. The plan to build ‘Homes for Heroes’ haunted post-1918 administrations, but, more than anything else, the salience of housing is the result of British class politics. The stand taken by the parties on housing depended upon whether or not they were most concerned with the representation of the working class. British housing policy largely means housing policy for the less well off. As in the case of education and agriculture, we shall here be concerned with housing in England and Wales. The housing situation in Scotland is not identical with that south of the Border and is, in any case, looked after by the Scottish Office.
The Archetypal Actions Of Ritual
Authors: Humphrey Caroline , Laidlaw James 
Published: October 2023

Abstract
Religious rituals can provoke a deeply ambigious reaction in those who practise them. What happens in religious traditions when the nature of the ritual is questioned, but the practice of performing rituals is not itself abandoned? This book draws on the authors' observations of such reactions among Jains in western India, and asks why they can tell us about ritual as a universal mode of human action. Most anthropologists have assumed that ritual is a special kind of happening, which requires a special kind of interpretation. The authors argue that 'ritual' is a quality which can in principle apply to any kind of action. The question they try to answer is: what is distinctive about actions which are ritualized? They reject the common view that ritual carries intrinsic meaning, and explore the apparent paradox that ritualization, which makes action in an important sense non-intentional, is itself the result of an intentional act - the adoption by the actor of what the authors call the 'ritual commitment'.
The Disconnection of Purpose and Form
Authors: Humphrey Caroline , Laidlaw James 
Published: October 2023

Abstract
One learns many ritual acts in puja, as physical movements, by being shown what to do and copying it. But unlike learning some other physical operations (those which require skill, like playing the piano, cooking, sewing, or driving a car) the notion of excellence or expertise cannot be applied unmodified to the performance of ritualized action; for ritualization itself tends to undermine the link between the purposes for which an action is performed and the form the action takes. In performing an act in ritualized form, as a ritual act, you perform it as you do, and not some other way, just because it is so prescribed, and not because it makes sense to you to do so, or because you have reasons for doing so. You have reasons only for ‘enacting the ritual’, and whatever those purposes may be, the way to ‘get it right’ as a physical act remains the same. Nevertheless, the relation between purposes and ritualized action is not altogether straightforward.
Stances of the Self
Authors: Humphrey Caroline , Laidlaw James 
Published: October 2023

Abstract
In ritual action, while people perform archetypal acts which are socially prescribed, they do not thereby leave aside the selves which are their everyday or ‘real’ selves. Indeed, ritual action seems to require some kind of awareness or situating of the self in relation to the act. This is true, at least in the Indian context, even of automatically efficacious ritual of the Vedic type.