bluuebunny/crossref_metadata_2025_split huggingface dataset:
Combination: 1721-1799
Authors: Orth John V 
Published: November 2023

Abstract
‘Combination’ first entered the statute book in 1721 as the legal name for labour organizations. Earlier statutes had labelled their precursors ‘conspiracies’2 or ‘confederacies’.’ All the names were bad. Conspiracy, perhaps the worst of all, was predominantly used to describe the common-law crime that was coming to be recognized when a group agreed to injure an individual, but combination was bad enough. As Dr Johnson noted in his famous Dictionary at mid-century, it was ‘generally used in an ill sense’. Soon thereafter, Burke pointed the contrast: ‘When bad men combine, the good must associate.’ Later on, some workmen tried to redeem the word: ‘By combination we shall succeed’, proudly proclaimed the Amalgamated Society of ]ourneymen Cloggers.6 But it came too late: the semantic struggle was already lost. Although the word was to shed its ill sense late in the period covered by this book,7 combination was in the mean time too freighted with negative connotations and was finally dropped. A better future called for a new name. The United Society of Brushmakers recognized the need: ‘United to protect, not combined to injure.’
Combination: 1799-1824
Authors: Orth John V 
Published: November 2023

Abstract
In 1799, near the end of the eighteenth century, parliament ventured its first general proposition concerning labour law, the notorious Combination Act. As recounted in an earlier chapter, this statute, like the particular acts since 1721, had begun with a dispute in a particular trade at a particular place, in this case among the millwrights in London. Dissatisfied with the delay and expense of the common law, as well as with the opportunities it offered for evasion, the master millwrights had petitioned parliament for tailor-made legislation ‘for the better preventing of unlawful combinations of workmen employed in the millwright business, and for regulating the wages of such workmen’.
Combination: 1824-1859
Authors: Orth John V 
Published: November 2023

Abstract
The barbarous combination laws are part of popular history. Yet if every schoolboy knows of them, he also knows they fell in 1825. Of course, like so much schoolboy knowledge, this is less than half the truth. The 1799 Combination Act had been repealed by the 1800 Combination Act; the latter was, along with all the other eighteenth-century acts, repealed in 1824. Thereafter, the 1800 Act and all the earlier statutes were without effect. But the 1824 Act was itself repealed in 1825 by an act that then re-repealed the 1800 Combination Act as well as all the others. The reason for this double repeal lay in an old rule of English law; as Blackstone put it: ‘If a statute, that repeals another, is itself repealed afterwards, the first statute is thereby revived, without any formal words for that purpose.’ It is, therefore, correct to say that the combination laws, whether barbarous or not, fell in 1824-5. By which is meant that after 1824 and for all future time they were without effect but that the ultimate authority for that fall, what gave it its final effect, was the 1825 Act.
After 1871: Employers and Workmen
Authors: Orth John V 
Published: November 2023

Abstract
Legislation in the 1870s, amended and supplemented in 1906, closed the era opened by the first tailors’ combination act (1721). Through the eighteenth century wages were still, in legal theory, set by the justices of the peace. In fact, wage regulation largely petered out, although (as Adam Smith observed) parliament made occasional efforts to restore it in particular trades and places. Negotiation between masters and men was perforce increasingly resorted to. In various trades, scattered throughout England, workmen combined to increase their bargaining power, but parliament outlawed combination in regulated trades, and the judges entertained prosecutions of the fledgling unions for conspiracy. At the end of the eighteenth century England’s rulers abandoned this ad hoc policy in favour of a general proposition. Negotiation, which had developed in default of regulation, was embraced, but it was to be every man for himself. All employment contracts were made criminal and void by the Combination Act (1800) except those ‘between any master and his journeyman or manufacturer, for or on account of the work or service of such journeyman or manufacturer with whom such contract may be made’. Negotiation, as it turned out, was here to stay, but the ban on combination eroded during the next seventy-five years. In 1824-5 parliament repealed the combination laws and permitted common action in pursuit of common claims for wages and hours, and in 1859 what Karl Marx called ‘certain beautiful fragments of the old statute’ were rearranged.
Conclusion
Authors: Orth John V 
Published: November 2023

Abstract
Trade unions were not created by law; they originated in the felt needs of workmen in industrial society. Unlike business associations, trade unions existed before law took any notice of them (or even knew what to call them). Indeed, the first statutes concerning labour organizations, the combination acts, were criminal laws, aimed at their suppression. The legal problems of capital and labour were in consequence quite distinct, almost opposite in fact. Labour wore down the opposition to trade unions, eventually winning a place for them, while capital sought, not recognition of a right to organize (that was conceded without question), but more efficient means thereto. Registering their victory in literal terms, trade unions were finally offered registered status, not incorporation.
Criminal and Civil Contempt of Court
Authors: Miller C J 
Published: November 2023

Abstract
The general characteristics of criminal and civil contempt of court have been noted in the previous chapter. Here it is proposed to consider the nature of the distinction between these two forms of contempt in more detail and to examine the practical consequences which flow from it. It may be said at the outset that these are far less important than was once the case although the distinction retains a residual importance. As Lord Scarman explained in Home Office v. Harman-'.
The Sub Judice Rule: Mens Rea and The Scope Of Responsibility
Authors: Miller C J 
Published: November 2023

Abstract
Since contempt of court is a criminal offence general principles would require 9.01 that persons should not be held liable simply on the ground that they had done something which interfered with the administration of justice in a particular case. Rather, it should be necessary to prove that in so interfering they had acted with mens rea, that is, with intent or recklessness as to all the elements of the offence. The term ‘recklessness’ is used in this context to denote the state of mind of a person who consciously runs an unjustified risk of bringing about the proscribed consequences.
Children as Victims of Other Crime: The Evidence
Authors: Morgan Jane , Zedner Lucia 
Published: November 2023

Abstract
In the literature on crime, children and young people are far more likely to be viewed as offenders than victims. It is well known that juvenile offenders contribute significantly to the total volume of recorded crime, but only in the 1990s is it being recognized that young people, especially those of school age, figure disproportionately as victims. Children are prey to the whole range of crimes from petty theft to serious assault. Not only are children direct victims of most crimes; they may also be witnesses to crimes committed against their households, parents, or siblings, and have to live with the consequences of such offences. Over a third of the 400,000 households which experience burglary each year include children. Domestic violence and other serious personal assaults, including rape and even homicide, all too often take place in the presence of children or in circumstances of which the children are aware.1 In some cases children may be affected by other crimes which have occurred within their neighbourhood-an extreme example of which was the trauma suffered by many children in the wake of the massacre at Hungerford in 1987.
The Social and Welfare Agencies: Provision and Response
Authors: Morgan Jane , Zedner Lucia 
Published: November 2023

Abstract
There are a considerable number of agencies outside the criminal justice system which can provide help for victims of crime. They range from organizations which provide specific assistance-the emotional advice, practical help, and information provided by Victim Support Schemes, helplines, and Rape Crisis organizations-to the shelter provided by women’s refuges. In addition, community-based professionals, such as doctors, psychiatrists, and social workers, can and do offer help to crime victims. Much has already been written about the range of support and help offered by these agencies to adult victims and how far they meet victims’ needs. Conversely, discussion about the effects of crime on children, the types of help they need and the extent to which it is available has hitherto been comparatively meagre. Despite the prominence given in the media and elsewhere to the problem of child abuse, the professional response has focused on the diagnosis and management of such cases, with little attention being given to the provision of support to abused children and their families. There are only a handful of studies of locally organized projects set up to help abused children, all of which emphasize the need for long-term support for these children and their families both in the community and by psychiatric professionals.
Regulatory Approaches to Insider Dealing in the UK and the USA
Authors: MCVea Harry 
Published: November 2023

Abstract
As shown in Chapter 3, assessing the costs and benefits of insider dealing is by no means a straightforward task. The conclusion reached was that the practice ought to be regulated. But what form should regulation take? Should criminal or civil sanctions be employed, or should regulation fall to the professional bodies, to be dealt with in the time-honoured fashion of self-regulation? The regulation of insider dealing necessarily involves a complex assessment of the available regulatory options In principle these include: formal regulation by law, involving criminal and/or civil sanctions; selfregulation by the relevant professional bodies; or an amalgam of both formal law and self-regulation.
The Chinese Wall
Authors: MCVea Harry 
Published: November 2023

Abstract
We have seen that in both the USA and UK there exist extensive controls governing the misuse of inside information. But while such ‘blanket regulation’ has an important role to play in deterring and penalizing insider abuse, conglomerates pose special problems which arguably require special regulatory solutions. Not only is there an increased flow of price sensitive information in the conglomerate context but there is also a greater potential for this information to be misused and for the misuse to go undetected. Furthermore, other conflicts of both duty and interest are also capable of misuse.
The Statutory Regulation of Financial Services in the United Kingdom and the Development of Chinese Walls in Managing Conflicts of Interest
Authors: Graham Peter 
Published: November 2023

Abstract
The issue of securities to the public has been regulated since 1900 by the Companies Acts, but, with certain limited exceptions,1 dealing in securities was not regulated by statute until 1939. In that year the first Prevention of Fraud (Investments) Act was passed, partly in response to an outbreak of fraudulent share pushing in the early 1930s and partly in response to the growth of the unit trust movement. That Act was amended by the Companies Act 1947 and consolidated in the Prevention of Fraud (Investments) Act 1958 (PFIA). This legislation made it an offence for someone to carry on the business of dealing in securities without being licensed, under an annual licence, by the Board of Trade. .
Directors’ Duties to Share Holders, Employees, and Other Creditors: A View from the Continent
Authors: Hopt Klaus J 
Published: November 2023

Abstract
Directors’ duties and liability are topics discussed in many countries. Traditionally, this discussion has been restricted to national corporate law and its effects upon the behaviour of directors and upon recovery of damages from directors by the company itself and possibly by the company’s shareholders and creditors.1 Recently, however, there has been a growing interest in comparative law on the subject. There are several reasons for this change in perspective. First, better theoretical insight is gained when foreign experiences are taken into consideration. Since the nineteenth century the corporation has become a dominant form of business in all major Western countries and the laws of these countries all face similar problems.3 In this sense, despite many legal differences in the details, there is a common European corporation law much more so than in the field of stock exchange law and securities regulation, where the differences are much more marked. Second, the internationalization of business plays a decisive role in the rise of interest in comparative corporate law.
Emperors and Lawyers
Authors: Honoré Tony 
Published: November 2023

Abstract
This is the second edition of an original and controversial book. It analyses some 2,609 legal rulings (rescripts) given by Roman Emperors between 193 and 305 AD, and argues that, though issued in the name of emperors, they were really both in style and substance the work of professional lawyers. From their style we can detect when one lawyer-draftsman gave way to another, we can identify some of the lawyers and we can allot most of the rescripts to their real author. On this basis the author argues that in the third century there was a convention that the rights of citizens would be governed by objective legal standards. The Roman Empire was not a pure autocracy. Updated and in large part rewritten, this edition includes on a high-density diskette a reconstruction (Palingenesia) of the 2,609 rescripts. This new and original work of reference will enable scholars to read the texts chronologically and to judge the soundness of the arguments advanced.
The Later Principate, 193-282 AD
Authors: Honoré Tony 
Published: November 2023

Abstract
IN this and the next chapter twenty-one periods of office by twenty secretaries for petitions (procuratores a libellis, magistri libe/lorum) are distinguished and, when the evidence permits, the secretaries themselves identified. The present chapter covers the first fifteen and takes the story from Pertinax to Probus, 193 to late 282. The next runs from Carus to Diocletian, late 282 to 305. The division at the death of Probus marks the end of a period of disorder and splits the surviving rescripts roughly in half. There are 1,361 private rescripts (1,292 in CJ and sixty-nine from other sources) in the first period, though no more than 121, including fragmentary texts, between 249 and 282 AD. With Carus a revival begins and there are a further 1,248 rescripts in the relatively short second period. It is convenient to break the discussion just before this revival.
The Age of Diocletian 282-305 AD
Authors: Honoré Tony 
Published: November 2023

Abstract
THIS chapter analyses 1,248 rescripts of the period 282-305, assigns them as far as possible to the secretaries who composed them and identifies two and possibly three of these secretaries. It shows how Diocletian, who surrounded himself with able lawyers, exploited and transformed the rescript system. By a slight extension in time the age of Diocletian is taken to begin with the reigri of Carus in late 282, since the revival of the rescript system on a substantial scale began under him. Moreover when about to campaign against the Sarmatians in 283 Carus raised his son Carinus from Caesar to Augustus (Kienast 1990: 254-7); and it is clear that Carinus had authority to issue separate rescripts having the force of law.
Sikhs: Tussles over Beards and Turbans
Authors: Poulter Sebastian 
Published: November 2023

Abstract
Although the establishment of a Sikh community in England is a comparatively recent phenomenon, with the main thrust of immigration occurring from the 1950s onwards in the wake of the disruptive effects upon the Punjab of the partition of India in 19471, a small number of Sikhs had lived here well before this time.
Rastafarians: Confrontations Concerning Dreadlocks and Cannabis
Authors: Poulter Sebastian 
Published: November 2023

Abstract
Although the precise origins of the Rastafarian movement in England remain obscure, they probably lie at least partly in the attempt made in 1955 by a former Rastafarian leader from Jamaica to organize a local branch in south London of the Rastafarian-orientated United Afro-West Indian Brotherhood. This end devour had only a very limited impact, but by 1958 ‘a group of bearded and rather conspicuously dressed young men were noted in the Brixton market area’,2 and these were identified as Rastafarians.
Criminal Justice in the Netherlands
Authors: Kelk Constantijn 
Published: November 2023

Abstract
After the Second World War, the penal climate of the Netherlands underwent changes towards humanization. Although this was consistent with the traditionally humane reputation (certainly when viewed from an international comparative perspective1) of existing penal culture, Dutch society as a whole became tolerant and mild as a reaction to the extreme violence of which humanity had shown itself capable during the war. The effects of this development were not lost on penal law. The country set about rebuilding a deeply hurt and severely damaged society. One of the most important aspects for the development of penal law at that time was the emergence of the so-called Utrecht School, which is not to say, of course, that others were not influential too.2
Are Inquisitorial and Adversarial Systems Converging?
Authors: Jorg Nico , Field Stewart , Brants Chrisje 
Published: November 2023

Abstract
It has been a long-standing habit among legal scholars to think in terms of families of law: civil law families on the continent of Europe, common law families in Great Britain and her former colonies. While differences within these systems are often regarded as incidental, those between them are seen as essential. From a comparative angle, the intriguing question arises whether the legal systems of continental and common law countries usually portrayed as diametrically opposed-are gradually converging. If that is indeed the case, does this imply that both systems will eventually adopt so many of each other ‘s characteristics as to become no more than variations on a theme-their differences no longer essential, our tradition al frame of reference no longer appropriate? It is also possible that the two systems are moving towards each other, but that convergence beyond a certain point is out of the question-for the simple reason that there is a critical limit at which each system would start to risk disintegration. This implies-and it may be especially true in the field of criminal justice-that these systems are the embodiment of such divergent norms and values in the field of criminal justice, in their turn reflecting profound societal values, that they can never be brought to gether entirely. And there is, of course, a third and more radical possibility. Perhaps due to the influence of shared European institutions (notably the European Community and Union Treaties and the Court of Justice in Luxembourg, and the European Convention on Human Rights and Fundamental Freedoms (ECHR) and the European Court of Human Rights in Strasbourg), one system will in the end come to dominate the other, thereby causing the latter to lose many of its salient and unique features.1
The European Community and Criminal Law
Authors: Guldenmund Rene , Harding Christopher , Sherlock Ann 
Published: November 2023

Abstract
While in the case of a treaty such as the European Convention on Human Rights it was obvious from the outset that it would have an impact on the criminal law of the individual Contracting States, there was rather less appreciation until relatively recently that accession to the European Community would involve implications for the criminal law and procedure of the individual Member States. The subject matter of the three Communities-the European Coal and Steel Community (ECSC), the European Atomic Energy Community (Euratom), and the European Economic Community (EEC)-appears at face value to have little or nothing to do with the criminal law of the Member States.1 Indeed, for some time conventional wisdom was that the criminal law of the Member States would remain unaffected by Community law. This was certainly the view of the British Government in 1971 when it set out the legal implications of membership of the European Community and stated that ‘nothing in Community law would, for example, materially affect the general principles of our criminal law ... ‘.2 The thinking was that the Community operated only in the areas set out in the Treaty and there was no reference in the Treaties to matters of a criminal nature. Indeed, even as late as 1981 the European Court of Justice stated that:
DNA Profiling and the Use of Expert Scientific Witnesses in Criminal Proceedings
Authors: Alldridge Peter , Poelgeest Sanneke Berkhout-Van , Williams Katherine 
Published: November 2023

Abstract
One of the areas of comparison between adversarial and inquisitorial systems of criminal justice is fact-finding.1 The adversarial system relies upon oral evidence at trial, with cross-examination as the primary formal test of veracity. Facts are proven dialectically through a dramatic contest between two inconsistent narrative accounts of (often common) data.2 The inquisitorial system involves the court in the preparation of evidence, leaves fewer questions to the trial itself, and presents itself as a search for truth rather than a contest of divergent accounts. The adversarial method of fact-finding is not in general well directed towards ascertaining the truth of the matter.
Introduction: The Issues 1n Context
Authors: Mackan Mavis , Kurczewski Jacek 
Published: November 2023

Abstract
In Western Europe family law has been described as ‘ rolling back’ (Glendon, 1988; Van Houtte, 1990) increasingly leaving family matters for individuals to decide, focusing instead on protecting the individual rights of vulnerable family members-women, children, and the elderly. This development is sometimes described as the ‘ privatization’ of the family, and is welcomed by those who see the family as a source of moral values and social control, but feared by those who, often from a feminist perspective, see the family as a battleground where stronger members can dominate the weak.
Allocating Resources at Times of Crisis: Divorce and Separation in Poland
Authors: Szlezak Andrzej 
Published: November 2023

Abstract
If we consider the position of spouses vis-a-vis each other after divorce, and also the position of spouses during divorce litigation, in both situations we are faced with the problem of sharing resources. After divorce, the term sharing denotes the distribution of assets acquired by the spouses during their marriage and the organization of other consequences of marriage, such as the post-divorce duty of support. During a divorce, the term sharing denotes the way of organizing relations with respect to property that still remains the common property of the litigants.