bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Supposedly Historical Basis of Theological Understanding
Authors: Pailin David A 
Published: November 2023

Abstract
Throughout his theological writings Maurice Wiles has acknowledged the historical basis of the Christian faith, investigated the history of its development, and sought to identify what can credibly be claimed about ‘acts’ of God in history, while in all three issues he has sought to take fully into account the proper nature of historical understanding and the results of historical criticism. In the first respect he states, for example, that ‘it is a fundamental feature of traditional Christian faith to see in its past history, and in the history of Jesus in particular, the determinative and distinctive element in that faith.... Christianity sees itself as rooted in history in a unique way’ (Wiles 1976a: 99). In a later essay, considering how the Bible is ‘an indispensable resource rather than a binding authority’ for theological reflection, he quotes John Barton’s remark that the Bible is, among other things, ‘the “primary evidence for the events that lie at the source of Christian faith’” (Wiles 1987a: 51-2). His interest in the second matter is manifest in his studies of the sources and factors involved in the ‘making’ and the ‘remaking’ of Christian doctrine (Wiles 1967, 1974) as well as in his later involvement in the debate about the so called ‘myth of God incarnate’ Wiles 1977, 1979) and (at the time of writing) his unfinished study of Arianism (for which Christ Church library provides him with an enviable resource of seventeenth- and eighteenth-century texts).
The Lordship of Christ in the Church and in the Christian Life
Authors: Way David 
Published: November 2023

Abstract
As was seen in Chapter 2, in the pre-I950 period Käsemann concentrated on the ecclesiological themes in Paul’s thought. These themes continue to be important to him in the post-I96o period, alongside the new themes of ‘apocalyptic’ and the centrality of the doctrine of justification. It now remains to be seen how these new themes are carried through in his understanding of Paul’s ecclesiology and ethics.
Financial Advice and Financial Products
Authors: McMeel Gerard , Virgo John 
Published: November 2023

Abstract
Timed so as to coincide with the Financial Services and Markets Act 2000 coming into force, which will markedly affect the regulatory regime, this book looks in detail at the extent to which financial advisors (whether institutional or independent) are liable to those whom they advise (and perhaps to others) for the accuracy and quality of their advice. In the wake of pension and endowment mortgage mis-selling, the Equitable Life case, and the continued concern about the role of commissions paid by the financial institutions to advisers when they sell a particular financial product, this work fills a very notable gap in the market.
Foundations
Authors: McMeel Gerard , Virgo John 
Published: November 2023

Abstract
In modern times some of the most significant purchases by the typical, middle-1.01 income citizen will be financial products. Such an individual may have a large pro portion of his or her wealth tied up in securities, life insurance, collective investment schemes and other contracts for the purpose of saving, investment, pension provision or the acquisition of real property. However, to date legal texts have focused on the supposedly paradigm instances of economic exchange, namely the sale of land and the sale of goods, with a resulting wealth of treatise writing on these time-honoured topics. Historically it may have been the case that the vast majority of a nation’s wealth was invested in tangible assets.
Historical Foundations and the Legacy of Pensions Mis-Selling
Authors: McMeel Gerard , Virgo John 
Published: November 2023

Abstract
From our perspective, on the threshold of the twenty-first century, the history of the law and regulation of the financial services industry in the United Kingdom may be infected by a false sense of inevitability. The story commences with little or no regulation of disparate businesses. Over time a degree of regulation, often self-regulation, of the insurance, banking and investment sectors emerge. At this stage there is a complex body of both primary and secondary legislation relating to the different sectors, together with other diverse species of norms. Numerous regulators occupy the scene. Eventually, the Financial Services and Markets Act 2000 (‘the Act’ or ‘the 2000 Act’) achieves a consolidation of the prior patchwork of regulatory statutes. However, the very idea of a cohesive financial services industry is a recent one. So, too, is the notion of a coherent body of financial services law and regulation.
The Financial Services Industry
Authors: McMeel Gerard , Virgo John 
Published: November 2023

Abstract
In this chapter we provide an overview of the sectors and institutions which com-3.01 prise the UK financial services industry. As a starting-point it is necessary to introduce some European law initiatives which underpin the main regulatory rules and which circumscribe the UK’s legislative freedom of action in this area of the economy. It is also desirable to reinforce the distinction between prudential and conduct of business regulation, and to consider the rise of financial conglomerates.
Negligence
Authors: McMeel Gerard , Virgo John 
Published: November 2023

Abstract
In perhaps the majority of cases the source of the duties of a financial adviser will arise from either or both the contractual regime and the statutory regime, including the Conduct of Business Sourcebook component of the FSA Handbook. However, there remain cases where the general principles of negligence have a role to play in establishing that the provider of advice or information is under a common law duty to take reasonable care and skill in respect of that activity. First, there is the question of duties to persons other than the immediate recipient of the information or advice. Secondly, there is the question whether persons other than financial advisers, and in particular, other than authorized persons under the Financial Services and Markets Act 2000 regime, may owe a duty to care at common law.
Financial Promotion
Authors: McMeel Gerard , Virgo John 
Published: November 2023

Abstract
One of the striking innovations of the new regime under the Financial Services and Markets Act 20001 is the introduction of a unified financial promotion regime. This supersedes prior discrete regimes operating respectively in the investment, banking, and general insurance sectors. In fact the Act itself says little about financial promotion. Section 21 imposes the main restrictions on financial promotion. Section 145 empowers the Financial Services Authority (‘FSA’) to make financial promotion rules. In effect the provisions of the Act create two separate financial promotion regimes.
Private Law Remedies
Authors: McMeel Gerard , Virgo John 
Published: November 2023

Abstract
Whether the cause of action relied upon is framed in contract, negligence or 16.01 breach of statutory duty it is well established ‘that, where any injury is to be compensated in damages, in setting the sum of money to be given for reparation you should as nearly as possible get at that sum of money that will put the party who ... has suffered, in the same position as he would have been in if he had not suffered the wrong for which he is now getting his compensation.’
Public Law Remedies
Authors: McMeel Gerard , Virgo John 
Published: November 2023

Abstract
Decisions of the Financial Services Authority (‘FSA’.), the FSCS manager and the Financial Services Ombudsman are amenable to challenge by way of judicial review.1 For a detailed consideration of the law and procedure relating to judicial review other works should be consulted. It is proposed here to do no more than bring out the basic principles relevant to this form of public law remedy as they bear on financial services.
Consumer Compensation: The Financial Services Compensation Scheme
Authors: McMeel Gerard , Virgo John 
Published: November 2023

Abstract
Part XV of the Financial Services and Markets Act 20001 requires the creation of 21.01 a compensation scheme for the financial services industry. The new Financial Services Compensation Scheme (‘FSCS’) is crucial to the statutory regulatory objective of consumer protection. The topic of ‘consumer compensation’ bears a potentially misleading name. As used by the Financial Services Authority (‘FSA’or ‘the Authority’) it does not extend to all claims for monetary redress following a grievance.
Injunctions and Restitution Orders
Authors: McMeel Gerard , Virgo John 
Published: November 2023

Abstract
Part XXV of the Act contains the powers able to be exercised by the FSA to apply for injunctions1 and restitution orders. In relation to injunctions, the [High] Court may on the application of the Authority or the Secretary of State make three types of order: an order restraining threatened contravention’s of ‘relevant requirements’, an order directing remedial action and an order restraining disposals of assets. The powers are exercisable in relation to ‘any person’. The threshold criteria for the making of the individual orders differs but in each case the power is connected to actual or threatened contraventions of ‘relevant requirements’. These are defined2 as ‘a requirement (i) which is imposed by or under this Act, (ii) which is imposed by or under any other Act and whose contravention constitutes an offence to which the Authority has power to prosecute under this Act’.
Financial Services and the Professions: Professional Firms
Authors: McMeel Gerard , Virgo John 
Published: November 2023

Abstract
A variety of professional firms offer investment advice and conduct investment business, which attracted an authorization requirement under the Financial Services Act 1986 and will similarly invoke the provisions of the Financial Services and Markets Act.1 We speak here principally of accountants, solicitors and actuaries. Under the 1986 Act, approximately 7,000 such professional firms were authorized for the conduct of investment business by virtue of membership of a self-regulating organization.2 The balance of the authorized professional firms relied upon membership of a recognized professional body.3 In deciding how such firms should be regulated under the Financial Services and Markets Act 2000 (‘FSMA’ or ‘the Act’) the Financial Services Authority (‘FSA’ or ‘the Authority’) recognized that many professional firms become involved in regulated activity otherwise than as part of mainstream investment business.
On the content of directives
Authors: Prechal Sacha 
Published: November 2023

Abstract
By stating that directives are binding as to the result to be achieved, Article 249(3) may suggest that they lay down in fairly general terms certain objectives which are to be accomplished. In particular the German version of the Treaty, which employs the term ‘Ziel ’ (objective),has given rise to considerable speculation as to its meaning and its implications for the content of a directive. For instance, it was suggested that a directive should restrict itself to a description of the essential elements of the measures proposed. However, today it is understood that the result to be achieved is determined by the content of the directive at issue. Similarly, as pointed out above, it is generally accepted that directives may go into detail.
Commercial Fraud
Authors: Ulph Janet , Tugendhat Sir Michael , Glister James 
Published: November 2023

Abstract
Theft, deception, bribery, rogue trading and money laundering present massive and apparently insuperable problems for governments worldwide. On a national and international scale, these types of activities may have social, economic and political repercussions. This new book is primarily concerned with the impact of these activities upon private individuals. The text analyses the position of the victim, the fraudster, recipients of property and accessories. The focus is upon the civil law aspects of fraud and the increasing significance of money laundering legislation and the law of human rights. The main theme of this book is an examination of the extent to which fraudulent activity triggers special rules which are exceptions to the general principles of civil law. There is the further question of the extent to which theft and fraud affect transactions which are interlinked. Policy issues are weighed in the balance, such as the protection of property rights against the need to ensure the free circulation of goods and the security of good faith purchase, and the demand for certainty in the law against the need to deter fraud.
Receipt Based Liability Of Third Parties
Authors: Ulph Janet , Tugendhat Sir Michael , Glister James 
Published: November 2023

Abstract
This chapter concentrates upon liability where the defendant has received property belonging to another and has treated it as his own. The question of liability of accessories who have assisted in a fraud but who have not received any property beneficially is considered in the following chapter. The primary focus of this chapter is upon the personal liability of a defendant who receives property which belongs to another either at law or in equity.
Overview
Authors: Moore Michal S 
Published: November 2023

Abstract
In this overview I shall do three things by way of introducing the essays that follow: I shall summarize each of the essays, then give the response of those criticized, and then give my rejoinders to such responses. The first part of the volume is on legal positivism, and the first two chapters of that part are on the central figure of that movement in this century, H. LA. Hart. The first essay, Chapter 2, is largely biographical and expository, summarizing Hart’s professional life and his major works. This was written as an introduction to a reprinted, American edition of The Concept of Law and thus was not intended to be a critique of Hart’s work Nonetheless, two critical remarks are ventured, the first having to do with Hart’s ordinary language-based rejection of more metaphysical approaches to jurisprudence, and the second having to do with Hart’s steadfast refusal to acknowledge that officials within a regime must at least believe that the master rule for that regime (what Hart called a ‘rule of recognition’) was just for there to be a legal regime in place. Upon publication of the essay, Hart wrote to thank me for what he regarded as the ‘careful and insightful presentation of my views’ as well as to express, with characteristic modesty, ‘doubts as to whether I deserve all that praise’.1
Introduction to The Concept of Law
Authors: Moore Michal S 
Published: November 2023

Abstract
In March of 1984 a number of well-known legal philosophers met in Jerusalem. The purpose of the meeting was to honour Herbert Hart in the way most fitting to his own status as the world’s pre-eminent legal philosopher: to present papers pursuing the questions he had made central to legal philosophy.2 At the end of the conference, in the encomium to Hart personally, we unanimously agreed that Hart had made the field of legal philosophy what it is today, a challenging, interesting, politically relevant field in which to work.2 In that sense Hart had made a personal gift to each legal philosopher working today.
Authority, Law, and Razian Reasons
Authors: Moore Michal S 
Published: November 2023

Abstract
No chapter could summarize, let alone do justice to, the work of Joseph Raz taken as a whole. The corpus of Raz’s work is simply too diverse in its subject matters, too rich in its insight, and too finely wrought in its detailed analyses for a comprehensive survey. Instead, I shall focus on one pre-supposition central to Raz’s celebrated theories of authority and of law.1 This presupposition has to do with the nature of practical rationality, and more specifically, with the kinds of reasons for action that authoritative legal norms give to rational actors. Raz presupposes that morality gives us ‘exclusionary reasons’ for acting under an authoritative norm. ‘Exclusionary reasons’ are second-order in that they give us reasons to discount other reasons in assessing an action’s rightness.
Aims, objectives, and principles of the common agricultural policy
Authors: Usher J A 
Published: November 2023

Abstract
Article 33 of the EC Treaty sets out five express objectives of the common agricultural policy and three further matters of which account should be taken. The five express objectives are: to increase agricultural productivity by promoting technical progress and by ensuring the rational development of agricultural production and the optimum utilization of the factors of production, in particular labour; to ensure a fair standard of living for the agricultural community, in particular by increasing the individual earnings of persons engaged in agriculture; to stabilize markets; to ensure the availability of supplies; and to ensure that supplies reach consumers at reasonable prices.
Fisheries
Authors: Usher J A 
Published: November 2023

Abstract
By its very nature, fisheries legislation gives rise to problems not encountered in land-based agriculture, requiring not only the organization of a market in goods but also the conservation of natural resources and the resolution of questions of territorial competence and of external relations. Hence the Community’s common fisheries policy can only be regarded as having been completed on the adoption of EC Council Regulation 170/83 establishing a Community system for the conservation and management of fishery resources.
Common organizations of the market: legal consequences
Authors: Usher J A 
Published: November 2023

Abstract
The situations where common organizations themselves confer powers on national authorities or require action on the part of national authorities will be considered in the context of the administration of the common agricultural policy. Greater legal problems have, however, been raised in determining the extent to which national authorities retain the power to act in their own right in relation to products governed by common organizations. Here, two different approaches may be detected in the case law of the Court of Justice. On one view, the existence of a common organization precludes unilateral national legislation within its scope. On the other view, unilateral national legislation may be permitted provided it is not incompatible with the rules of the common organization. The development of these views may be illustrated in relation to certain specific aspects of common organizations.
Claims for Contribution and Reimbursement in an International Context
Authors: Takahashi Koji 
Published: November 2023

Abstract
This book systematically examines claims for contribution and reimbursement in an international context. As such claims are often made in third party proceedings, particularly detailed analyses are given to the conflict-of-laws dimensions of third party procedure. The issues considered include: * Which courts have jurisdiction over a contribution claim? * What choice-of-law rules apply where contribution is sought under the English Civil Liability (Contribution) Act 1978 or by way of subrogation? * What procedural requirements and jurisdictional requirements have to be satisfied to bring a contribution claim in third party proceedings? * Can a contribution claim be brought in third party proceedings if there is an arbitration agreement or a foreign jurisdiction agreement between the defendant and the third party? * Is it possible to obtain an antisuit injunction to restrain foreign proceedings corresponding to the domestic proceedings which form part of third party procedure? * Where the party to two adjacent contracts in a chain transaction has an expectation that his liability under one contract will be covered back-to-back by his right of reimbursement under the other contract, to what extent is it possible to argue that the reimbursement claim is governed by the same law as the governing law of the original claim so as to ensure the correspondence of liability and the right of reimbursement? In addressing these issues, the lawyers must be able to unravel the complexity of the situation from which the claim for contribution or reimbursement arises - the complexity created by the involvement of at least three parties (the original claimant, the contribution claimant and the respondent to the contribution claim) and exacerbated by the international elements which may embrace multiple jurisdictions and legal systems. This book provides a valuable guide to this complex area for practitioners advising clients who wish to bring, or are being threatened with, a claim for contribution or reimbursement in an international context. Its scholarly approach will also stimulate academic interest.
Jurisdictional Issues Pertaining to Claims for Contribution
Authors: Takahashi Koji 
Published: November 2023

Abstract
This chapter will consider jurisdictional issues pertaining to contribution claims on various legal bases. The jurisdictional grounds in the Brussels and Lugano Conventions, those of the traditional jurisdictional rules and the special rules on jurisdiction in the CMR2 and the CIM3 concerning a contribution claim between carriers will be examined in turn.
The conclusive effect against the defendant to a contribution action of the decisions made in the foreign original action
Authors: Takahashi Koji 
Published: November 2023

Abstract
As seen in Chapter 4, if a contribution claim has to be tried independently of the original claim, there is a risk that issues such as the existence and quantum of the contribution claimant’s liability to the original claimant will be determined inconsistently in the trial of the two claims, which may obstruct recovery on the contribution claim. One way of avoiding an independent trial is to give the decisions made in the action for the original claim conclusive effect against the defendant to a subsequent contribution action.
The Frankish Kingdoms and the Carolingians, 600–1000
Authors: Morris Colin 
Published: November 2023

Abstract
Early in the seventh century, Byzantine Jerusalem came to an end. Its death began with the Persian conquest of the eastern provinces of the Christian Empire. Jerusalem itself was besieged, and fell about 5 May 614. The immediate impact upon the city was devastating: contemporaries recorded large numbers of casualties in the massacre, and many inhabitants were taken away as captives. The wood of the cross was captured and removed to Persia. Strategios’ Fall of Jerusalem makes it clear that much damage was done to the churches there, including the church of the Holy Sepulchre, and contemporaries blamed the Jews for encouraging the Persians in their work of destruction.
Towards the First Crusade
Authors: Morris Colin 
Published: November 2023

Abstract
At the end of September 1009, Caliph al-Hakim of Egypt ordered the destruction of the church of the Holy Sepulchre. It is said that he was aggrieved by the scale of the Easter pilgrimage to Jerusalem, which was caused specially by the annual miracle of the holy fire within the Sepulchre. The measures against the church were part of a more general campaign against Christian places of worship in Palestine and Egypt, which involved a great deal of other damage: Adhemar of Chabannes recorded that the church of St George at Lydda ‘with many other churches of the saints’ had been attacked, and the ‘basilica of the Lord’s Sepulchre destroyed down to the ground’.
Failure and Endeavour, 1187–1291
Authors: Morris Colin 
Published: November 2023

Abstract
The later twelfth century was the period when the struggle between two visions of Jerusalem, the Muslim and the Christian, came to be fully defined. Within Islam, as within Christianity, there had been periods of indifference to the fate of the city, but the career of Saladin, his recovery of Jerusalem, and his defence of it against the Third Crusade was supremely the time when it was identified, on both sides, as the Holy City. For Christians, this had become a favoured description: for Muslims, al-Quds, the holy, was used (and still is used) as its proper name.