bluuebunny/crossref_metadata_2025_split huggingface dataset:
Enlightenment and the University: Philosophy, Commnunication, and Education in the Early Writings of David Hurne
Authors: Finlay Christopher J 
Published: November 2023

Abstract
Since E. C. Mossner and John V. Price published their edition of David Hume’s Letter from a Gentleman in 1967, historians have been asking why the university at Edinburgh rejected Hume as candidate for the chair in moral philosophy in 1745. Mossner and Price forwarded the view that Hume’s failure to obtain the chair at Edinburgh was largely the result of parochial politics. This view has been lately reinforced by Roger Emerson.2 However, as Richard B. Sher argues, part of the reason for Edinburgh’s rejection of the philosopher’s candidacy arose from scruples over the nature of Hume’s philosophical project, his approach to moral philosophy, and his disagreement with Francis Hutcheson in this respect. It seemed to the administration of Edinburgh university, and also, significantly, to Hutcheson at Glasgow, that Hume had already developed his philosophy in a way which was incompatible with the role that they had defined for moral philosophy in education.
‘The First Blast of the Trumpet’: John Stuart Blackie and the Struggle against University Tests in Scotland, 1839-53
Authors: Wallace Stuart 
Published: November 2023

Abstract
In the first half of the nineteenth century British universities were still regarded as branches of the established churches of England and Scotland. University College, London (1828), and the examining University of London (1836), were the only exceptions until the foundation of the Queen’s University of lreland in 1850 and Owens College, Manchester in 1851. The University of Durham (1832), King’s College, London (1831), and St. David’s College, Lampeter (1827) were all Anglican foundations. Cambridge was heavily clerical, Oxford even more so: virtually all heads of houses and tutors were clergymen, and most undergraduates intended to be clergymen. Both ancient universities enforced attendance at chapel and applied a religious test-Oxford on students entering the university, Cambridge on those graduating. The Scottish universities, by contrast, did not apply a religious test to their students (also true of Trinity College, Dublin from 1794), even if many of them intended to enter the Church of Scotland as ministers (at Aberdeen in the 1850s some 40% to 48% of entrants). A religious flavour was entirely absent, however. Lectures often opened with a prayer, and at Glasgow a thinly-attended ‘college service’ managed, just, to survive moves to abolish it in 1844. Nevertheless, compulsory chapel could not be a feature of the non-residential Scottish system. Nor were there university officials to enforce student discipline extramurally. This distinctiveness of Scottish universities was underlined by Thomas Macaulay (at the time MP for Edinburgh) when he told Parliament in 1845, ‘a Jew might there be a master of arts or doctor of medicine … If a Principal at the University of Edinburgh were to meet one of the students drunk in the streets, it does not belong to his office to interfere or to punish’.
Principles In General
Authors: Andrews Neil 
Published: November 2023

Abstract
Some procedural principles can be regarded as ‘constitutional’ because they involve fundamental procedural guarantees. Other principles can be described as ‘leading principles’. I have adopted this division both because it will be widely recognized in the international field of civil procedure and because it eases presentation. Thus Chapters 4 and 5 are devoted to fundamental procedural guarantees. It should be considered in conjunction with the increasing penetration of English civil procedure by Article 6(1) of the European Convention on Human Rights. Article 6(1) is considered in Chapter 7. Chapter 6 is devoted to the large residue of leading principles.
Guarantees Concerning The Court’s Composition
Authors: Andrews Neil 
Published: November 2023

Abstract
As mentioned in an earlier chapter, procedural principles can be arranged under the headings of ‘fundamental procedural guarantees’ and ‘leading principles’. This and the next chapter are concerned with such guarantees. As for ‘leading principles’, these will be examined in another chapter. All discussion of procedural guarantees and principle must now be considered in conjunction with Article 6(1) of the European Convention on Human Rights, which is exerting a growing influence upon English civil procedure. References to Article 6(1) throughout this book are legion. In addition, that provision and its extensive jurisprudence are separately discussed in Chapter 7.
The Wider Framework Of Civil Jus
Authors: Andrews Neil 
Published: November 2023

Abstract
These are the ‘bed-rock’ of a just society which is run on democratic principles. Terra firma is taken for granted until we are all at sea. So lawyers can conclude their careers in England without questioning, indeed noticing, that these matters underlie the whole enterprise of civil courts and civil justice. Equally, there is a danger of complacency in assuming that these are perennial and sacrosanct features of the legal landscape.
Limitation Of Actions
Authors: Andrews Neil 
Published: November 2023

Abstract
The system of limitation of actions rests on matters of policy. First, it is unfair, intimidatory and uncivilized for potential defendants to be threatened by possible proceedings for too long. They should be allowed to get on with their lives, or commercial or governmental activity. Secondly, stale legal claims tend to bring the system of civil justice into disrepute. A long interval between the relevant events and commencement of proceedings reduces the chance of any court penetrating to the factual core of a dispute. In the meantime witnesses might have died, disappeared, or forgotten the relevant events.
Case-Management And Judicial Discretion
Authors: Andrews Neil 
Published: November 2023

Abstract
The best law is that which leaves least to the discretion of the judge, and the best judge is he who leaves least to his discretion. (Sir Francis Bacon). . . the discretion of a judge is the law of tyrants; it is always unknown; it is different in different men; it is casual, and depends on constitution, temper and passion. In the best it is very often caprice, in the worst it is every vice, folly and passion to which human nature is liable.
Avoidance Of Excessive Delay
Authors: Andrews Neil 
Published: November 2023

Abstract
It is assumed that there exists in modern industrialized society a central impulse . . . to bring about the efficient administration of justice, as well as bureaucratic rationality in other kinds of social services. Yet, in fact the court systems in many modern regimes are chronically in a condition of severe neglect, like public parks, public education, and public streets in the same communities.
Interim Relief
Authors: Andrews Neil 
Published: November 2023

Abstract
Two considerations underlie the subject matter of this chapter. First, litigation can be very slow, and so it becomes expedient for the courts to have power to issue provisional or interim relief pending final disposal of the action. Secondly, in more cases than not, the court’s interim decision (whether to award interim relief or to deny it) becomes the sole judicial consideration of the substantive dispute in the action, because that interim decision induces the claimant to abandon the action, or it provides the basis for a mutual settlement, or the action does not reach trial for some other reason (for example, the claimant decides to abandon it through lack of funds or the claim is struck out by the court as procedurally defective or hopeless).
The Small Claims Jurisdiction
Authors: Andrews Neil 
Published: November 2023

Abstract
Typical claims falling within the ‘small claims’ jurisdiction are indicated in the standard forms which accompany the rules: small personal injury claims, for example ‘whip-lash’ claims arising from minor road traffic accidents; building or vehicle repair disputes; small disputes between landlord and tenant; and claims concerning holiday or wedding photographs. Lord Woolf in his Interim Report also noted that in the mid-1980s a significant majority of claimants in this forum were businesses rather than private individuals. This procedure might have been intended primarily for the benefit of individual consumers. But the evidence just cited shows that in fact business claimants tend to predominate.
Privilege Against Self-Incrimination
Authors: Andrews Neil 
Published: November 2023

Abstract
The privilege against self-incrimination is the right not to answer questions or produce material which might have the effect of incriminating oneself or one’s spouse. Although it offers protection against compulsion to disclose criminal liability, the privilege can arise for consideration as part of both the criminal and civil process. In this chapter, naturally, the focus is upon exercise of this privilege during the civil process.
Public Interest Immunity
Authors: Andrews Neil 
Published: November 2023

Abstract
This doctrine is the modern version of ‘Crown Privilege’. The latter terminology was unsatisfactory. This was because questions of ‘public interest’ cannot be confined to matters relating to the Crown but embrace a much broader band of interested parties, including charities operating in the public interest, such as the National Society for the Prevention of Cruelty to Children.3 Lord Scarman in 1980 regretted the change of terminology because in his view the term ‘Crown Privilege’ imposed a useful brake upon expansion of the doctrine.
Foreign Aspects Of Evidence
Authors: Andrews Neil 
Published: November 2023

Abstract
There is nothing to prevent a party from obtaining on a voluntary basis, that is without any co-operation by a foreign court or authority, a witness statement from someone who is abroad, or from obtaining documentary evidence from that person in similar circumstances. Such evidence can then be adduced in an English civil action. In both cases, the evidence will be received as hearsay evidence under the Civil Evidence Act 1995. Thus the witness statement might be used even if the witness does not attend in person at the English trial. That the witness does not attend in person will affect the weight of his statement, because he will not be available to be cross-examined on the statement.
Transnational Civil Procedure
Authors: Andrews Neil 
Published: November 2023

Abstract
The topic ‘judicial co-operation’ was highlighted by the European Council at its special meeting in Tampere in 1999. It was that meeting which witnesses creation of an area of freedom, security and justice in the European Union. The Tampere Presidency’s conclusions restated the value of increased judicial co-operation and enhancing access to law.3 These rubrics embrace promoting mutual recognition of judicial decisions.
The Law Under the European Convention
Authors: Clayton Richard , Tomlinson Hugh 
Published: November 2023

Abstract
In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reason able time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.
Closure, Trust, and Reputation
Authors: Burt Ronald S 
Published: November 2023

Abstract
Trust remains an unresolved concern. The problem is illustrated in Figure 3.1. In situation A, network entrepreneur Robert has initiated a bridge relation with Jessica, a person in another group. He is asking Jessica to join him in supporting an idea. The idea looks good, but costs and benefits are not clear. Indeed, they cannot be clear. The idea is new. It has no concrete precedent in the company.
Introduction
Authors: Atiyah P S , Smith Stephen A 
Published: November 2023

Abstract
The law of contract is part of the law of obligations, that is to say, it is concerned with obligations that people owe to others as a result of the relations and transactions in which they become involved. Broadly, this is a part of private law, in the sense that obligations of a public character, such as constitutional or political obligations, are neither treated by the law nor thought of by lawyers as part of the law of obligations.
Definition and Classification
Authors: Atiyah P S , Smith Stephen A 
Published: November 2023

Abstract
In the previous chapter, it was explained that the law of contract is usually described as the law dealing with self-imposed obligations, that is to say, promises and agreements. This has been the orthodox view since at least the emergence of the modern law of contract in the nineteenthcentury.1 But it was also noted that this view has not gone unchallenged. It may be useful, therefore, to spend a few moments considering why this definition has been adopted and its main implications for a book on the law of contract. The latter discussion also provides a brief outline of this book’s general structure.
Unenforceable Terms and Contracts
Authors: Atiyah P S , Smith Stephen A 
Published: November 2023

Abstract
Generally speaking, when the requirements for the creation of a valid contract have been satisfied—that is to say, there has been an offer and acceptance of reasonable certainty; the parties have capacity, there is consideration; and any necessary formalities have been complied with—the resulting agreement will be legally enforceable. But sometimes the courts refuse to enforce a transaction (or parts of a transaction) even when these requirements are present because of its ‘connection’—the word is deliberately vague—to an activity of which the law disapproves. An agreement to commit a crime, for example, is normally unenforceable. Other examples include gambling agreements and agreements in restraint of trade.
Misrepresentation
Authors: Atiyah P S , Smith Stephen A 
Published: November 2023

Abstract
While there is no general rule allowing for a contract to be set aside should one party fail to disclose material facts during negotiations, it is a strict and universal rule that such a right exists where one party is induced to enter a contract on the basis of the other’s false representation. In principle, such relief may be available even where the ‘representor’ was not at fault and even if the misrepresentation concerned a trivial aspect of the contract. Moreover, a person who has been induced to enter a contract by a misrepresentation will often have the additional right to claim damages in tort for any loss caused by the misrepresentation.
Duress and Undue Influence
Authors: Atiyah P S , Smith Stephen A 
Published: November 2023

Abstract
The law is reluctant to allow a direct plea that a contract should be set aside because one party was in a vulnerable or weak bargaining position. All persons over the age of eighteen and of sound mind are generally treated as of equal capacity for the purposes of contracting. Nevertheless, from time to time the law will step in to redress imbalances between stronger and weaker parties. Occasionally the intervention is indirect as when, for instance, courts invoke special rules that protect parties subject to exemption clauses or that protect consumers against certain types of unfair terms.
Extraterritorial Jurisdiction
Authors: Sender Marta Pertegás 
Published: November 2023

Abstract
The emerging interest on the private international law of intellectual property is a common phenomenon at academic circles and among intellectual property practitioners across Europe. The root question addressed throughout Europe is whether parallel patent rights covering different countries can be adjudicated by a single national forum. Two opposed standpoints can be defended. First, the ‘orthodox view’1 and the policy arguments behind it accept the principle of the territoriality of intellectual property rights as being axiomatic. It follows from the territoriality principle, inter alia, that the courts of the State under the laws of which the intellectual property right has arisen have exclusive jurisdiction over matters pertaining to those rights.
Cross-border Patent Enforcement Strategies
Authors: Sender Marta Pertegás 
Published: November 2023

Abstract
Cross-border litigation is not ‘the new brave world that the private international lawyers have planned for the I.P. lawyers’.1 It is probably becoming the habitual mechanism for a patentee to face an infringement of parallel patents in several countries. In fact, cross-border litigation and cross-border patent infringement are two sides of the same coin.
General Conclusions
Authors: Sender Marta Pertegás 
Published: November 2023

Abstract
On the basis of the foregoing analysis, it is now possible to describe the 6.01 phenomenon of cross-border patent enforceability in no more than three epithets. First, cross-border patent enforceability is a necessary step in the internationalization of patent law. Second, it is an available enforcement tactic under the current jurisdictional standards. Third, its development is as yet unpredictable because it depends upon the ability of national courts to cope with difficulties associated with international litigation, such as having recourse to different legal systems.
Legal Capital Rules and Modern Securities Markets-the Case for Reform, as Illustrated by the U.K. Equity Markets
Authors: Ferran Eilis 
Published: November 2023

Abstract
This chapter looks at the appropriate role for general company law in protecting the interests of investors in a modern environment where powerful external controls can be exerted through the capital, and other, markets. Using legal capital rules that apply to new shares as the specific example around which to base the discussion, it considers the interplay between state intervention and self-regulation by markets participants.
Thou Shalt Not Sow Thy Vineyard with Divers Seeds? The Case Against the Harmonization of Private Law
Authors: Procaccia Uriel , Segal Uzi 
Published: November 2023

Abstract
This chapter argues that inter-jurisdictional legal harmonization ought to be undertaken with great caution. The purpose of rules is to address economic and social problems. Many such problems are regional. To the extent that these problems are different across regions, each region requires a different, not a harmonized, legal solution.
Decision-making in the Area of Freedom, Security, and Justice
Authors: Monar* Förg 
Published: November 2023

Abstract
At the beginning of the 1990s justice and home affairs (hereinafter JHA) did not yet exist as a policy-making area; since then it has been the fastest growing such area of the EU. Now-under the ambitious title of an ‘area of freedom, security and justice’ (hereinafter AFSJ)-it has become a major integration objective, codified in Article 2 TEU, to which the Tampere European Council of October 1999 has added a very ambitious political agenda. Since the entry into force of the Treaty of Amsterdam more than 200 Council acts regarding the development of the AFSJ have been adopted. In the aftermath of the unprecedented terrorist attacks of l 1 September 200 I the speed of decision-making has again increased in certain areas, especially in judicial cooperation in criminal matters.
Enhanced Cooperation or Flexibility in the Post-Nice Era
Authors: Usber Fohn A 
Published: November 2023

Abstract
The Treaty of Amsterdam introduced general provisions on what it termed ‘closer cooperation’, which might briefly be summarized as involving Member States being authorized by the EU as a whole to make use of the institutions, procedures and mechanisms laid down by the Treaties to go further than the generality of the Member States. One of the major reforms effected by the Treaty of Nice is to amend those provisions so as to make their use much more of a practical possibility; in the process, the concept of closer cooperation has been renamed ‘enhanced cooperation’. However, the general provisions introduced by the Treaty of Amsterdam have not yet been used, so one is tempted to ask why they have been revised. While this may in itself possibly be regarded as a justification for their amendment, it may be suggested that, quite apart from the fact that there was only a period of 18 months between the entry into force of the Treaty of Amsterdam and the negotiation of the Treaty of Nice, these provisions were and are intended to find their vocation in the context of an enlarged EU.
Developing a Constitution for the Union
Authors: Vibert Frank 
Published: November 2023

Abstract
At the Laeken European Council in December 2001 the EU forma11y launched a debate about ‘The future of Europe’ and agreed on a wide ranging agenda for the next intergovernmental conference (IGC) to be held in 2004. The IGC will mark a new departure for governments in the EU because, for the first time, the focus of an IGC will centre on the constitutional character of the Union rather than on new functional objectives such as the single market, the single currency or enlargement. These earlier, functionally oriented IGCs certainly had constitutional consequences for the Member States. But now there is a clear change in emphasis. Governments are preparing for negotiations on procedures and institutions without attaching the discussion to some major new policy departure. What is more, the Laeken Declaration cautiously raises the question whether the simplification and reorganization of the Union’s Treaties ‘might not lead in the Long run to the adoption of a constitutional text in the Union’. There is wide spread support within the Convention for aiming at the text of a ‘constitutional treaty’.
The Rule of Law in the European Union
Authors: Arnull* Anthony 
Published: November 2023

Abstract
In the aftermath of the Second World War, the rule of law occupied a prominent place in international efforts to safeguard human rights and maintain peace and security. Like human rights, however, the rule of law was not mentioned in the original European Community Treaties. The omission was not rectified until Maastricht, when the term appeared in the preamble to the Treaty on European Union and new provisions on a common foreign and security policy and development cooperation. Since then, the concept has assumed an increasing profile in the affairs of the Union. In June 1993, the Copenhagen European Council included the rule of law among the criteria which the candidate countries of Central and Eastern Europe would have to meet before accession. At Amsterdam, the rule of law was specified as one of the principles on which the Union was to be regarded as founded: The Treaty on European Union was amended to restrict the right to apply for membership of the Union to European States which respect those principles. forever, a serious and persistent breach of such a principle by a Member State might henceforward lead to the suspension of its rights.
The EU Charter of Fundamental Rights
Authors: Jacobs* FG 
Published: November 2023

Abstract
In this chapter I am asked to consider the Charter not only in a technical legal perspective but in the broader context of the debate on the legitimacy and accountability of the European Union. That context seems a particularly appropriate one, because the Charter’s significance may prove to be greater in that context than in terms of its immediate legal effects. If the Charter is examined in a narrower legal perspective in terms of its content, its scope and its status, it might seem to have relatively little significance. It would, however, be unwise to prejudge the impact of the Charter even in that perspective. In any event, it will be useful to recall the main features of the Charter.