bluuebunny/crossref_metadata_2025_split huggingface dataset:
Son Of Man
Authors: Ashton John 
Published: November 2023

Abstract
Among the many puzzles presented by the Fourth Gospel one of the most intriguing is the paradoxical contrast between the titles ‘Son of God’ and ‘Son of Man’. ‘Son of God’, originally at any rate, indicates a human being, the Messiah; whereas ‘Son of Man’ points to a figure whose true home is in heaven. Divine? Well perhaps not c, or not altogether, but certainly invested by God with an c no ordinary human being would dare to claim.
Messenger Of God
Authors: Ashton John 
Published: November 2023

Abstract
Lying behind the probing questions of the preceding three chapters, each concerned with one of the three titles assigned to Jesus in the Gospel, is an even more fundamental and urgent problem that has animated and activated these. Raymond Brown noted the need to account for the appearance of what he called ‘the higher christology’ of the Johannine community, that is to say, those sayings of Jesus that were interpreted by his adversaries to mean that he was claiming equality with God. That he made such a claim, or rather that such claims were made on his behalf, is clear from the Gospel.
Excursus VII: Isaiah and Abraham
Authors: Ashton John 
Published: November 2023

Abstract
The glory seen by Isaiah is spoken of by Jesus in the first of the two appendices that follow the Book of Signs (12: 37–42): ‘Isaiah said this because he saw his glory and spoke of him.’ This verse is immediately preceded by a slightly skewed quotation from Isaiah: ‘He [God] has blinded their eyes and hardened their heart, lest they should see with their eyes and perceive with their heart, and turn to me [ Jesus] to heal them’ (Isa. 6: 9–10; John 12: 40). For Dahl the meaning is clear: ‘Isaiah could report on Christ’s saying concerning the predestined unbelief because he had in his vision seen the glory of the crucified Christ.’ Why the crucified Christ and not just the logos asarkos—the pre-existent Word? Partly because of the context, John 12, in which there are frequent allusions to Jesus’ approaching passion (vv. 7–8, 24, 27–36), partly because Isaiah’s vision, however summarily reported, anticipates according to Dahl the much more detailed account given in a late second-century Christianized apocryphon, The Ascension of Isaiah, wherein the prophet’s culminating vision, in the course of a merkavah ascent, is that of ‘the Beloved’ in human form. Recalling this vision, Isaiah states specifically that ‘the god of that world’ will reach out (against the Son) and ‘they will lay their hands upon him and hang him upon a tree’, but that he will rise again on the third day (Asc. Isa. 9: 12–18).
Intimations of Apocalyptic
Authors: Ashton John 
Published: November 2023

Abstract
The word ‘apocalyptic’ is derived directly from the title of the lastbook of the Christian Bible:1 the Greek word for revelation is I__OE_ºıłØ_, and the Book of Revelation is still referred to in some Christian circles The Apocalypse. Now since the overriding theme of the Fourth Gospel is, put very succinctly, the revelation of God in Jesus and the way in which it was and should be received, we might conclude directly that a study of Jewish apocalyptic is likely to furnish a useful starting-point. That such a study is helpful and indeed illuminating will be the main contention of this chapter. But it is not straightforwardly so. According to tradition the Book of Revelation shares a common author with the Fourth Gospel: the apostle John.
The Gospel Genre
Authors: Ashton John 
Published: November 2023

Abstract
Few works have had such a profound and long-lasting impact upon Gospel studies as William Wrede’s Das Messiasge heimnis in den Evan gelien, published in 1901. It has been mauled and modified in scores of ways, but Wrede’s central insight has stood firm. This was the recognition of an ineradicable tension (Wrede would say contradiction) between the presentation of Jesus as Messiah and Lord in the account of his words and deeds before the resurrection and the persistent awareness that his real identity remained hidden until after his earthly life was over. The details of Wrede’s argument, largely based on the Gospel of Mark, need not concern us here. The key to Mark’s own understanding of his Gospel, according to Wrede, is the injunction of Jesus to Peter, James, and John on their descent from the mountain of the transfiguration ‘to tell no one what they had seen until the Son of man should have risen from the dead. So they kept the matter to themselves, questioning what the rising from the dead meant’ (9: 9–10; cf. 8: 30).
The Story Of Wisdom
Authors: Ashton John 
Published: November 2023

Abstract
Like all good narratives, the Fourth Gospel has a plot. In this chapter we will be reflecting on how an enquiry into this plot can enhance our understanding of the meaning of the Gospel. Knowing as we do how closely the plot of this Gospel resembles that of the other three, we may be tempted to think that the differences are insignificant. Of course there are many of these. Jesus no longer preaches the kingdom of heaven, but proclaims himself, and his work takes longer, three years, not just one. He rarely speaks in parables, and performs fewer miracles. The temple-episode is placed at the beginning of his ministry rather than at the end. Certain individuals (Nathanael, Nicodemus, the Samaritan woman) are new to the story, and others, especially Lazarus, the brother of Martha and Mary, take on a more important role. Yet in spite of these and many more minor differences the broad outline of the story is much the same, telling of a Jewish prophet who after a brief career as a teacher and wonder-worker ends up in Jerusalem as a victim of the machinations of a ruthless hierarchy which contrives his death at the hand of the Roman colonial authorities. The bleak simplicity of this story can be obscured by the emphasis, especially in Matthew and John, upon the discourses of Jesus, but it helps to explain why Irenaeus, bishop of Lyons in the late second century, grouped all the Gospels together in the expression ‘the fourfold gospel’.
Excursus VIII: The Fourth Gospel and the Wisdom of Solomon
Authors: Ashton John 
Published: November 2023

Abstract
In appropriating the central motifs of the Jewish wisdom tradition and reapplying them to the person of Jesus, the fourth evangelist was at the same time laying claim to territory already staked out by the author of the Wisdom of Solomon. Whether he was actually acquainted with this apocryphal work (written, like his own, in the Greek language) cannot now be determined. But the two writings exhibit a number of striking similarities that deserve to be emphasized, for a comparison sheds light on the central purposes of each.
Departure And Return
Authors: Ashton John 
Published: November 2023

Abstract
No one assembling an anthology of religious literature could reasonably ignore the Gospel of John. The compiler’s choice might well fall upon the four chapters (14–17) comprising the Farewell Discourse, whose profound and mysterious beauty cannot but make a strong impression on any responsive reader. Unfortunately its delicate colours and fine contours are easily submerged under the soft silt of scholarship. Subjected to close critical analysis, its glowing mysteries rapidly fade into puzzles. Puzzles there are, unquestionably. What, for example, is the origin of the strange term ‘Paraclete’, not found in the New Testament outside the Johannine writings, and seldom enough elsewhere? What and where are the µ,ovÆ{ (mansions, rooms, dwellings) which Jesus is to prepare for his followers? How are we to explain the sudden, chilling allusion, at the end of chapter 14, to ‘the prince of the world’? The many learned and interesting answers that have been given to these and similar questions are mostly inconclusive. Some of the puzzles, to be sure, have been satisfactorily resolved. The hypothesis of a second edition, adopted in one form or another by many commentators, admirably accounts for the curious doublets in chapter 14, on the one hand, and chapters 15–16, on the other. The precise articulation of the terms ‘way’ and ‘truth’, and ‘life’ in one of Jesus’ best-known utterances has been determined beyond reasonable doubt. The central message of the discourse, as the community confronts the bleak prospect of Jesus’ imminent departure, comes through strongly and clearly.
Breach Of Duty
Authors: Cameron Cecily , QC Elizabeth-Anne Gumbel 
Published: November 2023

Abstract
Every individual clinician owes a duty of care to his patient and his patient may sue him for breach of duty. In the case of private treatment and in the case of treatment by a general practitioner the claim is brought against the individual clinician. In the case of National Health Service (NHS) treatment in a hospital the claim is brought against the Health Authority or NHS Trust (‘the NHS Authority’) who was responsible for that hospital at the time the treatment was given. In some cases a different NHS Authority will have taken over responsibility by the time the claim is brought and the identity of the correct defendant should always be checked with the potential defendant before proceedings are issued.
Limitation
Authors: Cameron Cecily , QC Elizabeth-Anne Gumbel 
Published: November 2023

Abstract
A clinical negligence case will almost always be a personal injury claim with a primary limitation period pursuant to sections 11 and 14 of the Limitation Act 1980. The Court will have a discretion to extend the limitation period pursuant to section 33 of the Limitation Act 1980. The exception is a claim which includes a deliberate assault when the limitation period is six years pursuant to section 2 of the Limitation Act 1980 and there is no discretion to extend this period in accordance with the House of Lords decision in Stubbings v Webb [1993] AC 498.
The Defendant
Authors: Cameron Cecily , QC Elizabeth-Anne Gumbel 
Published: November 2023

Abstract
This chapter outlines the broad structure of the NHS, points to sources of detailed information, describes the organisational arrangements that commonly apply in public and private health care, and discusses problematic areas and how to resolve them. It is necessary to understand the organisation of health care in the UK to appreciate the indemnity or insurance arrangements that will apply to any specific claim.
The Claimant And Alternative Remedies
Authors: Cameron Cecily , QC Elizabeth-Anne Gumbel 
Published: November 2023

Abstract
Clinical negligence practice requires a particular combination of compassion, empathy, sensitivity, and tough-mindedness. A client who requests advice on a clinical negligence matter has suffered a distressing experience, either personally or because they have witnessed the suffering, or even death, of someone close to them. The belief that medical treatment has been inadequate is peculiarly disturbing, in that it may add loss of confidence and a sense of powerlessness to pre-existing worries about a health problem. Furthermore, a patient usually feels out of their depth when attempting to discuss these concerns with the health care professionals.
The First Interview
Authors: Cameron Cecily , QC Elizabeth-Anne Gumbel 
Published: November 2023

Abstract
A pre-interview telephone conversation will make the best use of the practitioner’s and enquirer’s time. Ideally, the telephone discussion should be conducted by a practitioner with sufficient experience to establish that the case merits an interview and to weed out those cases that are hopelessly statute barred, where there is little or no financial value, or where there is no meaningful reason to believe that there has been a breach of duty. Most enquirers are looking for information in the first instance and are grateful to be given an explanation for reasons advising that there is no basis to take things further. Otherwise, the enquirer is entitled to be advised how to go about obtaining a second legal opinion if they wish to do so.
Risk Analysis
Authors: Cameron Cecily , QC Elizabeth-Anne Gumbel 
Published: November 2023

Abstract
Unsuccessful cases are unprofitable for the business; uncertainty over the likely timescale to conclude cases and receive costs means that it is extremely difficult to make accurate costs projections. Clinical negligence practitioners become used to—or perhaps resigned to—working with these uncertainties, but that should not lead to the benefits of risk analysis procedures being overlooked. It is an accepted fact of life that in the great majority of clinical negligence cases it is difficult to assess the prospects of success with any degree of accuracy in the very early stages.
Medical Records
Authors: Cameron Cecily , QC Elizabeth-Anne Gumbel 
Published: November 2023

Abstract
The specific objectives of the Protocol are openness, timeliness, and awareness of options (2.2). When the claimant has considered his or her alternative courses of action and decided to pursue a claim for damages, there is an obligation to explore the merits of the claim as fully as possible before litigation is commenced. The question of alternative courses of action may re-emerge with the defendant’s letter of response. In the meantime, while it is inevitable that the claimant’s ability to fully comply may from time to time be restricted by short time limits, restricted funding, or the defendant’s own conduct, in most circumstances all the steps laid down in the Protocol should be followed before proceedings are commenced.
Letter Of Claim And Response
Authors: Cameron Cecily , QC Elizabeth-Anne Gumbel 
Published: November 2023

Abstract
At the point that the claimant’s investigation has been completed, it should be borne in mind that in the majority of cases, the defendant will have no meaningful indication of the progress or direction of a potential claim beyond the small amount of information provided with the request for disclosure at the outset of the claimant’s investigation. Once the claimant’s investigation has reached the stage when a decision may be made on whether the claim will be pursued, the defendant should be notified if the claimant has decided against taking any further steps, or if the solicitor is no longer instructed, as provided in the Pre-Action Protocol for Resolution of Clinical Disputes (3.5(3)).
Instructing Counsel
Authors: Cameron Cecily , QC Elizabeth-Anne Gumbel 
Published: November 2023

Abstract
The first conference with counsel should be an important landmark in the life of a clinical negligence claim. It is an expensive exercise. The cost is justified if the conference moves the case on significantly. Ideally the conference should be a pivot that moves a potential claim to the point where the claim is ready to issue. To achieve this it is vital that you, counsel, and the experts prepare thoroughly for the conference. The following summary sets out a suggested format to help you achieve as much as possible from the first conference in a high value complex case. A modified approach more suitable to smaller cases is set out in 14.51 below.
Claim And Defence
Authors: Cameron Cecily , QC Elizabeth-Anne Gumbel 
Published: November 2023

Abstract
There are no procedural factors that distinguish the process of issuing protective proceedings in clinical negligence claims from those employed in personal injury litigation. However, the situation carries more risk because the steps required to complete the preparation of the claim for service tend to be more complex. Consequently, there may be logistic and funding problems that are difficult to overcome. The claimant is likely to be highly anxious in this period and the solicitor will have the stressful responsibility of ensuring the necessary steps are taken within the four months before proceedings must be served.
Trial
Authors: Cameron Cecily , QC Elizabeth-Anne Gumbel 
Published: November 2023

Abstract
The Court will usually have ordered that bundles should be lodged at court at least seven days before trial. In any multi-track case with trial estimate of three days or more the preparation of bundles is likely to be a huge task. It is not simply a matter of including everything and getting the pagination chronological. The convenience and logic of the bundles can make a significant impact on the trial judge. Badly prepared bundles are an irritation to the judge and are unacceptable, they cause embarrassment to everybody on the claimant team.
Sexual Assaults
Authors: Cameron Cecily , QC Elizabeth-Anne Gumbel 
Published: November 2023

Abstract
A sexual assault of a patient by a health care professional will always be a criminal offence. Legislation now deals separately with assaults by those in positions of trust. The Sexual Offences (Amendment) Act 2000 creates a specific and new offence of sexual activity by a person in a position of trust. This legislation is a further step in the growing recognition of the problems arising from sexual abuse. The potential for abuse of both adults and children placed in a vulnerable position with respect to abusers had not previously been sufficiently appreciated.
Other Areas Of Medical Law
Authors: Cameron Cecily , QC Elizabeth-Anne Gumbel 
Published: November 2023

Abstract
This chapter touches briefly on three areas that fall outside of mainstream clinical negligence practice: health and safety regulations, Human Rights Act applications, and judicial review. These aspects of medical law are less commonly encountered and beyond the scope of this work. What follows is not a guide to the legal processes involved, but is a brief commentary intended to alert the reader to these aspects of the law which may be relevant to a client’s concerns. Health and safety legislation may provide a way forward in some hospital-based claims; the Human Rights Act elements may arise, although perhaps in fewer cases than may have been thought would be the case when the Act came into force.
Molecular distribution functions
Authors: Ben-Naim Arieh 
Published: November 2023

Abstract
In this chapter, we introduce the concepts of molecular distribution function (MDF), in one- and multicomponent systems. The MDFs are the fundamental ingredients in the modern molecular theories of liquids and liquid mixtures. As we shall see, these quantities convey local information on the densities, correlation between densities at two points (or more) in the system, etc. We start with detailed definitions of the singlet and the pair distribution functions. We then introduce the pair correlation function, a function which is the cornerstone in any molecular theory of liquids. Some of the salient features of these functions are illustrated both for one- and for multicomponent systems. Also, we introduce the concepts of the generalized molecular distribution functions. These were found useful in the application of the mixture model approach to liquid water and aqueous solutions. In this chapter, we shall not discuss the methods of obtaining information on molecular distribution functions. There are essentially three sources of information: analyzing and interpreting x-ray and neutron diffraction patterns; solving integral equations; and simulation of the behavior of liquids on a computer. Most of the illustrations for this chapter were done by solving the Percus–Yevick equation. This method, along with some comments on the numerical solution, are described in Appendices B–F.
Fictions and Floating Charges: Some Reflections On The House of Lords’ Decision In Spectrum
Authors: QC Gabriel Moss 
Published: November 2023

Abstract
In Jane Austin’s Emma, members of an outing of idle gentry are given the alternatives of saying ‘either one thing very clever …, or two things moderately clever or three things very dull indeed …’. Considering the clever points made in the other chapters of this book, it seems that my role is to point out three very dull things. I will therefore divide the remainder of this chapter into three parts.
The Characterization of Fixed and Floating Charges
Authors: Gullifer Louise , Payne Jennifer 
Published: November 2023

Abstract
A great deal of uncertainty surrounds the characterization of a charge as flxed or floating. This uncertainty remains even after the decision of the House of Lords in Re Spectrum Plus Ltd. Although their Lordships have provided some guidance in relation to charges over book debts in that case, uncertainties remain; for example, exactly what amounts to a blocked account is still unclear. This uncertainty is not insigniflcant as many important consequences flow from the characterization of a charge as flxed or floating, for the parties inter se and for third parties, both pre-insolvency and, more importantly, post-insolvency.
Spectrum—An end to the Conflict or the Signal for a New Campaign?
Authors: Frome Nicholas , Gibbons Kate 
Published: November 2023

Abstract
This chapter does not seek to re-flght the battle so decisively lost by the flnancing community in Re Spectrum Plus Ltd. All relevant arguments appear to have been marshalled and placed before their Lordships and there is no denying the completeness of a unanimous decision by a seven-strong House of Lords. While many insolvency and flnance lawyers may have been disappointed by the result, it could not be said to have come as any great surprise. Rather, the purpose of the chapter is to consider why the Spectrum decision and some of its antecedents are likely to remain highly relevant for practitioners at least until the boundaries of the Spectrum decision have been clarifled.
A Review of Brumark and Spectrum In An International Setting
Authors: Wood Philip R 
Published: November 2023

Abstract
This chapter will consider the decisions in Re Spectrum Plus Ltd and its fore- runner Brumark in an international context. Both of these decisions have created considerable controversy.
Brumark decided that, if a company can use the proceeds of its receivables to pay its operating expenses, then the charge on the receivables is a floating charge. This seems, on its face, technical and harmless. The subsequent House of Lords’ decision in Spectrum in 2005 was a mopping-up operation which merely con- flrmed this result on special facts. The key decision is Brumark. So the issue is whether the ratiflcation of Brumark in Spectrum is an issue.
The Debenture Holder’s Liability In Unjust Enrichment After Spectrum
Authors: Ho Look Chan 
Published: November 2023

Abstract
The declaratory theory of judicial decision has it that, when the judges state what the law is, their decisions have a retrospective effect. The retrospective effect of the House of Lords ruling in Re Spectrum Plus Ltd means that many charges previously characterized as flxed on the basis of Siebe Gorman & Co Ltd v Barclays Bank Ltd were in fact floating. Payments made in reliance on this characterization were payments made in reliance on a mistake of law. Charge holders who received such payments stand the risk of having to disgorge their receipt now.
The Economics of English Insolvency: Some Recent Developments
Authors: Franks Julian , Sussman Oren 
Published: November 2023

Abstract
Since debt is the workhorse of even the most sophisticated flnancial system and since insolvency procedure is the threat-point of the debt contract—upon which debt enforcement ultimately depends—insolvency procedures are among the most important institutions of capitalism. According to one measure—the amount of power or ‘protection’ allocated to the creditor—the institution varies signiflcantly across countries: England scores highest at 4, France scores 0 and the United States scores a mere. And yet, these economies have one thing in common: in all—and in most other countries—there is a widespread perception that the system is flawed and requires major reform.