bluuebunny/crossref_metadata_2025_split huggingface dataset:
Bentham and the Complete Code of Laws
Authors: Lobban Michael 
Published: November 2023

Abstract
The story of how Jeremy Bentham grew disenchanted with the common law, seeing it as unable to provide either the clear rules needed for a modernizing society or the certainty that a legal system required, is now a very familiar one. Bentham’s critique of the common law—that it was ‘dog law’, whereby men were punished for their actions ex post facto, as you would beat a dog, that it existed nowhere but in the vague minds of the judges, and that it was in danger of being inflexible—led him, by the early 1780s, to seek to abandon it, or even a statutory digest of it, and put in its place a Pannomion, a complete and perfect code of laws. In so doing, Bentham had found his life’s work: the creation and completion of such a code.
Bentham’s Classifications and Analyses
Authors: Lobban Michael 
Published: November 2023

Abstract
If we reject Bentham’s substantive efforts at codification, we must address the ‘other’ Bentham, the classifier and analyst. Bentham’s main objections to the common law did not lie in what the judges did at case level, but in the inability of the common lawyers to create a set of terms and concepts to explain and hence to know what they were doing. His aim in writing An Introduction to the Principles of Morals and Legislation was therefore to create a code ‘in terminis’, and his delay in publishing the project resulted from him getting ‘unexpectedly entangled in ... the metaphysical maze’, that led him on to Of Laws in General . These early words should give us a clue to the nature of Bentham’s project: it was not to list offences in a simple penal code, but to create a structure of concepts and terms. An Introduction was perceived by Bentham to be a ‘metaphysical’ work, standing in relation to the substantive law as a treatise of pure mathematics stood to natural philosophy.
The Legal Basis of the Measures in Question
Authors: Ando Nisuke 
Published: November 2023

Abstract
In Chapter we have seen that SCAP directives were ordinarily formulated on the basis of instructions received from the US Government. The US Initial Post-Surrender Policy for Japan is the most representative and comprehensive of all these instructions. However, these instructions were of purely American origin, and, while a consideration of them is certainly necessary for an understanding of US occupation policy, the policy itself was not necessarily the legal basis for the measures deriving from it. Occupation measures were addressed to the Japanese Government and, through the Government, to the Japanese people.
The US Practice in Japan and International Law
Authors: Ando Nisuke 
Published: November 2023

Abstract
It was tentatively concluded in Chapter 4 that the applicability of the Hague Regulations to a post-surrender occupation is determined, for one thing, by the existence or non-existence of political terms of surrender which may constitute an advance commitment on the part of a victor state regarding post-surrender treatment of a vanquished state and its people, and for another, by the form and substance of those terms. When those terms presuppose continuation of the existing government of a vanquished state and eventual withdrawal of occupation forces, then the Hague Regulations should apply. But, when those terms presuppose suppression of the existing government of a vanquished state and annexation thereof, the Hague Regulations are not applicable. It must also be pointed out that those terms may entitle a victorious occupant to powers more extensive than those recognized under the Hague Regulations.
The Quest: Punishment in the Community, 1987–90
Authors: Windlesham Lord 
Published: November 2023

Abstract
The man and the moment came together in the aftermath of the General Election in June 1987. While the interrupted Criminal Justice Bill resumed its progress towards the statute book; while the committees and inquiries listed in the last chapter were busy garnering evidence; the Home Secretary stood back and took stock. Douglas Hurd had already been Home Secretary for nearly two years. Coming to the Home Office from the thankless assignment of Northern Ireland Secretary, his first Cabinet post, he had spent fifteen months’ apprenticeship as a Minister of State at the Home Office between 1983 and 1984. With the uncertainties of the General Election and the formation of the new Government behind him, it was a pensive man who returned to his room in Queen Anne’s Gate on 11 June to study the comprehensive brief drawn up by the Permanent Under-Secretary for incoming ministers after each Election.
Human Rights: Enforcing the Convention
Authors: Windlesham Lord 
Published: November 2023

Abstract
On 25 June 1990 nineteen judges filed into the European Court of Human Rights (the Court) at Strasbourg, taking their seats at a table in the shape of a huge horseshoe. The full Court was meeting in plenary session for a public hearing of the case of three United Kingdom applicants, each of whom had been sentenced to life imprisonment following convictions for serious sexual offences. These were discretionary, and not mandatory life sentences, bringing into question the continued lawfulness of detention after the expiry of the tariff period, determined by the UK authorities according to the procedures described in the previous chapter. Two of the applicants had been re-detained after conditional release on licence, and recalled to custody.
Psychological Hedonism and the Basis of Motivation
Authors: Kelly P J 
Published: November 2023

Abstract
At the beginning of An Introduction to the Principles of Morals and Legislation I Bentham describes how mankind is placed ‘under the governance of two sovereigns masters, pain and pleasure.’ In this famous passage he indicates that his philosophy is premissed on his psychological theory. This psychological theory explains the conditions within which the legislator has to work in order to secure the maximum of social well-being. By providing an account of the way individuals act, the legislator is able to determine the encouragements and punishments needed to bring those actions into conformity with the requirements of duty. Bentham’s reliance on law as the primary means of ordering social interaction already suggests that there is no necessary conformity between the dictates of duty and ordinary human motivations. Therefore, if the legislator has to co-ordinate individual purposive action with the requirements of justice he needs to understand the sources of human motivation. Bentham’s psychological theory plays a crucial role in his thought, by explaining the causes of action, and by instructing the legislator how he is to constrain particular types of action.
Duress, Restitution, and Contract Renegotiation
Authors: Beatson J 
Published: November 2023

Abstract
The development of the modern doctrine of economic duress has occurred since 1976 and has been rapid. Until then duress, in the contractual context, was taken to be confined to actual or threatened violence to the person of the contracting party: duress of the person.1 As a consequence the doctrine was generally thought to be unsuitable for controlling other forms of coercion by a party to a contract that are more likely to be encountered in the modern world2 and little attention was paid to it in the contract textbooks.
Unrequested Payment of Another’s Debt*
Authors: Beatson J 
Published: November 2023

Abstract
The proposition which is fundamental to this essay is that the problems which arise in the law of restitution when one person pays another’s debt cannot be solved in the absence of a stable analysis of the effects of such a payment on the relationship between the creditor and the debtor. In Owen v. Tate, 1 the Court of Appeal, deciding that a voluntary surety had no right to restitution from the principal debtor, omitted to supply that analysis.2 Our aim is to show that the omission can be supplied, largely from nineteenth-century cases, and, ultimately, to suggest that the decision in Owen v. Tate then becomes open to question.
Involving the Law
Authors: Teff Harvey 
Published: November 2023

Abstract
A few years ago, in a much-publicized case, the House of Lords authorized the sterilization of a mentally retarded 17-year-old girl. Condemning the judgment, a leading academic physician declared that ‘the law is becoming an insatiable cormorant in matters of medicine’. Though the specific issue was emotive, such a forthright general charge of legal overreach is unsustainable. The view that the courts are meddlesome intruders in medical affairs may be popular among doctors, but it is very much at odds with judicial attitudes towards the medical profession and with the principles which govern the legal liability of its members.
Resilient Paternalism
Authors: Teff Harvey 
Published: November 2023

Abstract
In his classic study, The Silent World of Doctor and Patient, Katz declared that ‘if a conspiracy of silence exists, it takes place in the consulting room, right in front of the patient’. In Sidaway, the plaintiff referred to her neurosurgeon as a man of ‘very, very few words’. The trial judge found him to be ‘a reserved, slightly autocratic man of “the old school” ‘. Non-disclosure and deference have been among the hallmarks of the paternalistic tradition which has dominated orthodox medical practice over a period of some 2,500 years. It is only in the last thirty years or so that paternalism’s credentials as the appropriate model for medical relationships and as the best guarantor of patient welfare have been seriously challenged. There have, of course, always been other traditions and alternative images, complementary systems of medicine, and individual physicians averse to the dominant model. Equally, for many centuries the vast bulk of the population had little or no alternative to reliance on self-diagnosis, home remedies, and family support; while bitter experience made people sceptical about orthodox medicine’s curative powers. But paternalism has always been prominent in Western medicine, and remarkably resilient considering the strong countervailing social and cultural changes which have shaped modern society.
The Tort System In General Perspective
Authors: Fleming John G 
Published: November 2023

Abstract
In America tort liability is big business. More than 800,000 tort claims are filed each year and between 15,000 and 20,000 are tried, almost all before juries. Multimillion-dollar awards, once headline-makers, have become commonplace. The first million-dollar award, a combination of compensatory and punitive damages, was rendered in 1962 in a defamationaction;2 nowadays there are more than 250 a year, many of them in products liability and medical malpractice suits. Mass accidents and mass product disasters have repeatedly driven settlements into hundreds of millions of dollars, even billions, besides necessitating new procedures for administering such mass litigation. In 1985 compensation to tort plaintiffs as the result of legal proceedings alone amounted to $20-5 bn, One estimate put the total cost of the US tort system at$68 bn.
The jury
Authors: Fleming John G 
Published: November 2023

Abstract
Jury trial is the hallmark of the American tort system. Unknown to the civil law, it has all but disappeared from other common law jurisdictions except in a few remnants of the old Commonwealth. In the United States, however, the civil jury has retained its august position, entrenched both by the federal and by most state constitutions. It is uniquely associated with tort litigation, both because it functions almost exclusively in tort cases and because the right to jury trial is rarely waived. Its prevalence is indicated by the following statistics: California, with a population of 25m. recorded approximately 100,000 tort claims in 1984-5; almost 70,000 dispositions, 1,660 of which were contested.
The Resurrection of Rights in Poland
Authors: Kurczewski Jacek 
Published: November 2023

Abstract
This book deals with the social, political, and normative changes of the last decades in Poland, and aims to synthesize the empirical evidence of the normative aspect, as reflected in attitudes and action, with a theoretical interpretation of this historic process. Was the Polish experience unique, or was it merely a manifestation of common problems affecting all societies in the last quarter of the twentieth century? The place of the Polish experience in the recent history of Communist Europe, the rise of Solidarity and the development of a re-structured society are extensively and absorbingly examined.
B
Authors: Toth A G 
Published: November 2023

Abstract
Block Exemption Commission or Council Regulation exempting certain categories of agreements, arrangements or conduct from an EC Treaty prohibition which would otherwise apply to them. Block exemptions were originally, and are still most commonly, used to provide exemption from the prohibition on restrictive agreements and arrangements contained in Art. 81 of the EC Treaty, but have more recently been used to exempt certain categories of State aid from the prohibition in Art. 87 of the EC Treaty. Block exemptions were originally a means of efficiently disposing of large numbers of cases that raise no real competition issues, but nevertheless would legally be required to be notified to, and examined individually by, the Commission. They avoided the need for the Commission to deal with such cases, while providing certainty to the parties concerned regarding the legality of their agreement or conduct. This is still their function in the context of State aid.
G
Authors: Toth A G 
Published: November 2023

Abstract
Written statement issued by the Commission providing informal guidance to individual undertakings on novel or unresolved questions concerning the interpretation and application of Arts. 81 and 82 EC (see Notice on informal guidance relating to novel questions concerning Articles 81 and 82 of the EC Treaty that arise in individual cases (guidance letters), point 5, OJ 2004 C101/78). The main text of Council Reg. 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ 2003 L1/1) does not mention guidance letters amongst the acts which the Commission can adopt. However, recital (38) in the preamble states that the Regulation is without prejudice to the ability of the Commission to issue informal guidance, in the interests of legal certainty, where cases give rise to genuine uncertainty because they present novel or unresolved questions for the application of the Community competition rules. Since this ability should not interfere with the primary objective of the Regulation, which is to ensure the effective enforcement of the competition rules, the Commission will only provide guidance to undertakings insofar as this is compatible with its enforcement priorities (point 7 of the above Notice). The new enforcement system introduced by Reg. 1/2003 is based on the idea that it is for the undertakings themselves to assess the compatibility of their agreements and practices with the Community competition rules. For this purpose, they can rely for guidance on a variety of sources, such as the case-law of the Community Courts, the block exemption Regulations and individual decisions of the Commission, its various Notices and Guidelines, etc.
J
Authors: Toth A G 
Published: November 2023

Abstract
The creation of a jointly participated undertaking or any subsequent change of control thereover falls within the scope of the Merger Regulation in the event that it qualifies as a full-function joint venture. This will be the case when the joint venture performs on a lasting basis all the functions of an autonomous economic entity (Art. 3(4) of Council Reg. 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation), OJ 2004 L24/1. See also Comm. Notice on the concept of full-function joint ventures, OJ 1998 C66/1—’Notice on joint ventures’). The current notion of full-function joint ventures was introduced by Council Reg. 1310/97 of 30 June 1997 (OJ 1997 L180/1, corrigendum in OJ 1998 L40/ 17) and the Notice on joint ventures, which led to a major change in the previous Commission’s practice in relation to joint ventures. Indeed, prior to this amendment, the former Merger Regulation (Council Reg. 4064/89 of 21 December 1989 on the control of concentrations between undertakings, OJ 1989 L395/1, corrected version in OJ 1990 L257/13) established a distinction between concentrative and co-operative joint ventures in order to determine those which would be subject to the merger control rules.
Indigenous Peoples: A Relevant Concept?
Authors: Ian Brownlie Q C , Brookfield F M 
Published: November 2023

Abstract
In the second lecture the various models based upon the concept of group rights were examined, including those of self-determination and the protection of minorities. The topic of indigenous peoples was reserved for this, the third lecture. The Maori are by any criterion within the description of indigenous peoples. Moreover, the term ‘indigenous’ more or less proposes a criterion of antecedence. Thus the concept of indigenous peoples has a prominent place on the agenda.
Methods of Credit Control
Authors: Wheeler Sally 
Published: November 2023

Abstract
CHAPTER 2 examined the formal law behind reservation of title clauses, which was necessary to set in context the empirical analysis of the law action which was to follow. It is also necessary to set reservation of title clauses in their practical context in terms of their use and popularity among manufacturers. Chapter I referred briefly to the fact that some suppliers of goods did not use reservation of title clauses. A number of reasons can be put forward for this non-use and are examined below.
Chapter 2 showed how a supplier might create a floating charge while actually intending to reserve legal title to his goods. His attempt to retain title is considered ineffective if a floating charge arises through the operation of the common law.
Construction of a Claim
Authors: Wheeler Sally 
Published: November 2023

Abstract
This chapter will look at the construction of a reservation of title claim. There are several key stages involved in the bringing of a claim. Each stage operates as a claims filter: for each potential claimant who progresses from one stage to the next there are others that do not. The stages involved in bringing a claim are not always made into claims filters by the claims defenders, the insolvency practitioners. The conversion from merely stages involved in bringing a claim into stages which filter out claims can occur because of practical problems, such as those that will be found in relation to notification, discussed below. They can also be the result of a conflict between the stages and the forward looking perspectives of the supplier.
Conclusions
Authors: Wheeler Sally 
Published: November 2023

Abstract
This book has been a socio-legal analysis of reservation of title claims. It has attempted to explain why only 15 per cent of claimants enjoy recovery and how these findings are relevant to our understanding of wider areas, namely perceptions of law, legal negotiations, and the interrelationship of law and business practice.
Law has been shown to be an uncertain body of rules. It seems accurate to view it as a raw material which is moulded and worked upon by the legal profession to serve their clients interests: ‘Law is, in its nature, multifaceted, contradictory and manipulable and it is the legal profession’s role to take maximum advantage of the contradictions, to manipulate the law in the interests of its clients.’ The importance of the link between Chapter 2 (the analysis of the formal law) and Chapters 4-6 ( the analysis of legal negotiation and the role of the legal profession) is that it illustrates how little discussion there is of the formal law in legal negotiation.
The Borough
Authors: Robins David 
Published: November 2023

Abstract
The Borough—motto ‘Stand Together’ —has one of the highest proportions of people from ethnic minorities in the United Kingdom and the European Community. It was formed in the 1960s, following the 1963 Local Government Act which merged many old boroughs. In the poor south of the Borough over half the population is black or Asian, and unemployment during the 1980s was well above the national average. Much of South Borough consists of a ribbon of austere, remote-looking multi-high-rise estates, which a local punk poet once dubbed Satellite City, because ‘they might as well be on another planet.’ Unemployment on these estates has been estimated to have been about twice as high as in surrounding areas. Social geographers have pointed out the paradox that these estates are all within reasonable travelling distance of other, more prosperous, areas of the city where there are low rates of unemployment and lots of job vacancies. ‘The paradox exists of high rates of unemployment and of vacant jobs side by side,’ but ‘the jobs are skilled ones needing education and training which the unemployed conspicuously lack’ (Hall I 98 I: 45).
The People’s Council
Authors: Robins David 
Published: November 2023

Abstract
AL THOUGH the area contains a high concentration of people of African-Caribbean descent, South Borough remained calm during most of 1981. ‘There weren’t nothing happening round there,’ Andy Mason recalled. ‘Everybody just going to jail, or coming out of jail as usual.’ In the wake of the riots, Lincoln Fredericks and the Group of youths from the Satellite formed themselves into the PC, the People’s Council. Lincoln announced: ‘We want to try and get people to do more constructive things with their lives.’ Robert Walsh, Community Development Officer (and later Assistant to the Borough Chief Executive), was appointed by the Council to advise the Group.
Postscript
Authors: Robins David 
Published: November 2023

Abstract
There were angry scenes in the Council chamber as the decision to close The Center and place it under new management was taken. Some called it racist and predicted riot and mayhem. Others were less sure. By now the project had cost over £10 million. ‘What difference had it made to the area? What difference could any project ever make?’, they asked. Meanwhile, without the help of any community initiative, a new set of heroes and other role models emerges for the next generation.
Images of Children in the Media: ‘Soft Kiddie Porn’
Authors: Elliott Michele 
Published: November 2023

Abstract
An article entitled ‘My Image of Fashion’, published in the Sunday Times magazine on 14 October 1984, featured the Japanese photographer Eiko Ishioka. One oflshioka’s specialities is posing children in what she called ‘erotic, high-fashion fantasy’. The text accompanying Ishioka’s photographs described one of her advertisements as a confrontation with an ‘ageless child – boy or girl – gazing with knowing, sexy eyes’. The cover depicted two little girls about nine years old with bare nipples highlighted. Apparently, the kind of advertising images fostered by Ishioka are effective. In the time that she worked for a major Tokyo store, her adverts were partly responsible for the annual turnover rising from £31 million to £576 million. Youth and sex combined in advertising are money-spinners. When sixteen-year-olds become too old, the only option left is younger and younger models.