bluuebunny/crossref_metadata_2025_split huggingface dataset:
Common Law Constitutionalism and Freedom of Speech
Authors: Allan T R S 
Published: October 2023

Abstract
In response to H. L. A. Hart’s suggestion that all moral and legal thought proceeded on the ‘tacit assumption that the proper end of human activity is survival’, the American legal theorist Lon Fuller proposed an alternative ‘central indisputable element’ in human striving, that of effective communication between persons. Freedom of speech or expression was thus the first principle of natural law: ‘Open up, maintain, and preserve the integrity of the channels of communication by which men convey to one another what they perceive, feel, and desire.’ Freedom of speech was not only a necessary condition of survival, but a means of enriching and expanding the meaning and scope of life itsel£
Freedom of Expression and Freedom of Religion: Some Thoughts on the Glenn Hoddle Case
Authors: Elias Sir Patrick , Coppel Jason 
Published: October 2023

Abstract
In an interview with The Times newspaper on 30 January 1999, at a time when he was employed by the Football Association (FA) as the manager of the England football team, Glenn Hoddle expressed his beliefs that people were reincarnated ‘to learn and face some of the things you have done-good and bad’. He said: ‘You and I have been physically given two hands and two legs and half-decent brains. Some people have not been born like that for a reason. The karma is working from another life time. I have nothing to hide about that. It is not only people with disabilities. What you sow, you have to reap.’
The Protection of Political Discourse: Pragmatism or Incoherence?
Authors: Forsyth Christopher 
Published: October 2023

Abstract
It has been my great privilege to know Sir David Williams in several capacities. First, when I was a post-graduate student his lectures-always elegant, always insightful and with the deep scholarship enlivened by the personal touch-stimulated my interest in judicial review; and this has proved a life-long interest. Then he was the examiner of my PhD thesis and eased me through the ordeal of the oral examination and kindly overlooked its many flaws. Then as a colleague in the Law Faculty he has been helpful and understanding in all matters. When I was Junior Proctor and much involved with university ceremonial and administration we worked together in the Senate House a great deal; I hope that I served him well. In all these capacities he has been entirely consistent: always thoughtful, courteous, fair and efficient whatever the provocation-which was often considerable.
Freedom of Assembly
Authors: Barendt Eric 
Published: October 2023

Abstract
David Williams was one of the first legal scholars in this country to take a serious interest in civil liberties law. In Keeping the Peace, published in 1967, he discussed the peace-keeping powers of the police and administrative authorities within the context of the freedom to hold meetings and to engage in lawful protest. Though the 1960s did see demonstrations on the streets, notably against the Vietnam war and apartheid, David Williams speculated whether the right of peaceful assembly was as important a freedom as it used to be in the nineteenth and early twentieth centuries. He referred to the other opportunities available for the communication of views and the expression of protest. The correspondence columns of national and local newspapers, radio phone-in and current affairs programmes, and more recently Internet discussion groups and web sites provide platforms and fora to which many people enjoy relatively easy access. A vast amount of information is readily available and opinions are disseminated without any need to convene meetings or stage parades for their expression.
Freedom of Expression and the Problem of Harassment
Authors: Qc Bob Hepple 
Published: October 2023

Abstract
Freedom of expression is the dog that did not bark in the development of UK law on harassment. This is in sharp contrast to the United States where the battle over campus speech codes has spread to the workplace. In particular, the prohibition by Title VII of the Civil Rights Act 1964 of discriminatory harassment has been attacked as an unconstitutional infringement of freedom of speech guaranteed by the First Amendment. The defenders of harassment law have argued that it is necessary to workplace equality and is consistent with the First Amendment. Other commentators have taken a middle position and advocated some restrictions on the application of Title VII.
Shoreham-by-Sea
Authors: Thorndon Lord Cooke Of 
Published: October 2023

Abstract
R v Chief Constable of Sussex, exp International Trader’s Ferry Ltd.1 arose from an application for judicial review to quash the decision of the Chief Constable of Sussex to restrict special police protection for the applicant exporter’s lorries at the port of Shoreham, against the activities of animal rights protesters, to two days a week or four a fortnight. The effect of his policy was to prevent the export of live calves to France from Shoreham except on those days. The application succeeded in the Divisional Court on the ground of transgression by the Chief Constable of the principle of the free movement of goods, which is a fundamental principle of the EC Treaty. The Divisional Court decision was reversed by the Court of Appeal, and the House of Lords affirmed the Court of Appeal.
Freedom of Information: The New Proposals
Authors: Palmer Stephanie 
Published: October 2023

Abstract
The Labour Party’s first term in office has been characterized by a commitment to modernize British politics through radical constitutional change. One of the key elements of this bold initiative is to alter the relationship between the state and the citizen. There are a number of important features of this agenda including the Human Rights Act 1998, devolution, reform of the House of Lords and the proposed freedom of information legislation. The Lord Chancellor has promised that the government ‘will govern with a new spirit of openness ... [in] partnership with the people’. This paper critically analyses the recently unveiled proposals to implement freedom of information legislation in England and Wales. In particular, it analyses whether these changes will effect a major shift in the relationship between the governed and the government and transform the culture of secrecy so prevalent in the United Kingdom.
Confidentiality
Authors: Scott Richard 
Published: October 2023

Abstract
There are two basic principles that underlie, or ought to underlie, the law of confidentiality. The first is that private individuals are entitled to protection against the disclosure without consent of confidential information about themselves and their activities unless there is a sufficient public interest reason why the information should be disclosed. The second principle is that government, including local authorities and other emanations of government, such as the National Health Service, the Court Service, the Prison Service etc., are not entitled to protection from disclosure of information about themselves and their activities unless there is a sufficient public interest requiring the protection of the information from disclosure. I regard each of these two principles as self-evidently necessary in a mature democracy. I regard them also as representing the law, properly understood.
Freedom of Information in Commercial Disputes
Authors: Clarke Malcolm 
Published: October 2023

Abstract
A current assumption of commerce and of commercial law is that decisions are more likely to be ‘good’ decisions if reached by persons fully and freely informed. This is widely accepted not only as regards persons making contracts but also those who must help to resolve disputes between contracting parties later. This paper concerns information and the settlement of contractual disputes. Once the facts are clear, they must be tested against the contract. This paper considers mainly the task of working out what the contract means, and some obstacles to the free availability of the information needed. The relevant information is primarily found in the relevant contract terms but it is not free unless it can be understood. Transparency of content is of particular importance when contracts are in standard form because market efficiency depends on easy and accurate product comparison. In the case of insurance, for example,
Renegotiating the Regulation of the Legal Profession
Authors: Parker Christine 
Published: October 2023

Abstract
Chapter 6 used empirical evidence to argue that the best way to make the profession sufficiently accountable without crushing the possibility of public-regarding professionalism is through a responsive contextual strategy of professional regulation. Normatively this would require that regulatory regimes be developed as part of a deliberative process and remain subject to deliberative contestation. The dynamic, contextual nature of the regulation advocated is well suited to capitalizing on the public-regarding elements of a complex and ambiguous profession, without sacrificing the ability to deal with its self-interested elements.
Brief History of International Law on the Control of Infectious Diseases
Authors: Fidler David P 
Published: October 2023

Abstract
Diplomacy on infectious disease control dates back to 1851, when eleven European States and Turkey attended the first International Sanitary Conference. Between 1851 and 1951, States attended international sanitary conferences, negotiated agreements on controlling infectious diseases, and created four international health organizations. Such a large collection of diplomatic activity and international agreements poses a challenge for understanding the history of international law on infectious disease control. Rather than approach this history chronologically, this chapter focuses on the major purposes for which States used international law between 1851 and 1951 to assist in the control of infectious diseases. Focusing on the objectives that States used international law to achieve gives the historical analysis more legal substance than a chronological presentation of events.
War, Weapons, and Infectious Diseases
Authors: Fidler David P 
Published: October 2023

Abstract
War and infectious diseases are old allies. Armed conflict has throughout history resulted in outbreaks of infectious diseases. The war-infectious disease alliance is not merely of historical interest, because pathogenic microbes continue to take advantage of opportunities warfare creates. Despite a body of international law that has developed to minimize the damage infectious diseases wreak during war, this area of international law has not been the subject of much scholarship or analysis. Belanger recognized the importance of international humanitarian law to international health law, but both the general connection to international health law and the specific application of the international law on war and weapons to infectious diseases have not been analysed much in the literature on arms control and armed conflict.
Microbialpolitik, International Law, and Global Health Jurisprudence
Authors: Fidler David P 
Published: October 2023

Abstract
As previous chapters indicated, international law is important to the international politics of dealing with threats from pathogenic microbes. This chapter provides a theoretical framework for deepening our understanding of the intersection between international law and infectious diseases. Constructing this framework requires an analysis of how international law is used in other international regulatory regimes. In these other regimes, States, international organizations, and non-State actors participate in international law-making processes that offer lessons for approaching microbialpolitik in the future. This chapter also delves into international relations theory to provide new insights on microbialpolitik. These analyses suggest that the role of international law in connection with infectious diseases needs to be creatively rethought as the new millennium approaches.
Securities Collateral
Authors: Benjamin Joanna 
Published: October 2023

Abstract
The purpose of collateral is to protect the collateral taker against the risk that its counterparty (the collateral provider)will become insolvent.
Most financial assets consist of personal obligations such as debts. A personal obligation is generally enforceable only by suing the obligor. When an obligor becomes insolvent, debts and other personal obligations are generally unenforceable against it.
Outright Collateral Transfers
Authors: Benjamin Joanna 
Published: October 2023

Abstract
As was seen in Chapter 4, there are two broad legal structures whereby (interests in) securities may be delivered as collateral. First, the collateral taker may be given a security interest in (interests in) securities. This security interest may be a mort- gage, pledge, charge or lien. In this case, property rights in the collateral assets are divided between the collateral taker (who acquires a limited property interest under the security interest) and the collateral giver (who retains the equity of redemption).
Collateralised Bond Obligations and Related Structures1
Authors: Benjamin Joanna 
Published: October 2023

Abstract
This chapter will consider a relatively recent form of repackaging known as col- lateralised bond obligations (‘CBOs’). CBOs were originally developed in the USA in the late 1980s. During the course of the 1990s the use of CBOs grew tremendously, with CBOs being established in Europe and (more recently) issued outside the USA. The last half of 1999 saw English law CBOs issued as a European product, and these are expected to grow significantly in the new millennium.
Conclusions
Authors: Benjamin Joanna 
Published: October 2023

Abstract
By way of conclusion, this chapter will summarise the arguments that have been advanced in this book concerning the legal nature of interests in securities. It will go on to raise four issues relating to the proprietary rights conferred by interests in securities. These issues are: the role of the law of trusts in permitting such rights to arise; whether this area of law requires codification; the development of ‘synthetic’ techniques in the financial markets that serve contractually to replicate such property rights; and the technical basis for unallocated and intermediated property rights in relation to intangible assets.
Introduction
Authors: Norris Pippa 
Published: October 2023

Abstract
When I first became interested in British Parliamentary by-elections I was struck by something of a paradox. In the press contests in Glasgow Hill head, Bermondsey, and Greenwich generated headline news. On television ‘by-election specials’ broadcast the results until the early hours of the morning. During the mid-eighties the Social Democrats and Liberals mobilized about a thousand activists from all parts of the country into key contests. National party leaders and managers invested time and money in constituency campaigns. In short, by-elections were treated seriously by journalists and politicians alike.
Isolated Neutrality
Authors: Holbraad Carsten 
Published: October 2023

Abstract
In the second long period of Danish foreign policy distinguished here, from the end of the Napoleonic Wars to a few years after the First World War, Denmark again stayed out of the wars of the great powers. On the two occasions when it went to war, from 1848 to 1850 and in 1864, it was a principal in a local conflict, defending or pursuing vital interests by its southern border, not an ally of a great power in a major war. But in this period Denmark moved one step further away from the type of active participation in European politics that had usually characterized its foreign policy in the centuries before 1720. It no longer entered into alliance with other powers. Basically this abstention sprang from necessity rather than from choice. But in the course of the nine teenth century, particularly after 1870, Danish governments made a virtue of necessity by adopting a policy of isolation. This led them to a neutrality which, at least in form, was much more uncommitted than the one often pursued in the eighteenth century. Having taken two big steps away from old-style power politics, Denmark was now in a position to develop alternative ideas about international relations. In the later part of the period the policy of neutrality became linked with novel views of the nature of inter national politics and new assessments of the external situation of the country. Thus Danish neutrality, which in the eighteenth century had been little more than a practice of diplomacy, eventually also became an ideology of foreign policy.
Defenceless Neutrality
Authors: Holbraad Carsten 
Published: October 2023

Abstract
In the third period of Danish foreign policy, which lasted from the first years of the League of Nations to the later part of the Second World War, Denmark again took up the policy of isolated neutrality. But it now based that policy on a very weak military foundation. A succession of defence agreements, reached in 1922, 1932, and 1937, reduced the armed forces to a level where the country was unable to defend itself. This process completed the development that had started in the first half of the eighteenth century, and which step by step had all but excluded Denmark from active participation in European politics.
Introduction
Authors: Stokes Martin 
Published: October 2023

Abstract
Arabesk is a music of the city and for the city. It portrays a world of complex and turbulent emotions peopled by lovers doomed to solitude and a violent end. It describes a decaying city in which poverty-stricken migrant workers are exploited and abused, and calls on its listeners to pour another glass of rak1, light another cigarette, and curse fate and the world. In any predominantly Muslim society this music would be highly contentious. In the context of a secularizing state such as Turkey in which policy towards culture is explicitly formulated and implemented, the existence of this music has provoked bitter debate at every level. Its existence flaunts the failure of a process of reform whose icons and symbols dominate every aspect of Turkish public life. For Turks, the arabesk debate embraces perceptions of themselves as individual human beings, their urban environment, their state and government. As well as a musical form, arabesk is an entire anti-culture, a way of life whose influence, it is often said, can be detected as an aura of chaos and confusion surrounding every aspect of urban existence, from traffic to language, from politics to kitsch.
The United Kingdom
Authors: Kavanagh Dennis 
Published: October 2023

Abstract
In the first half of the twentieth century the style of election campaigning in Britain was changed by the extension of the franchise to virtually all adults (by 1928), and developments in party organization. But, in one short burst between 1959 and 1964 there was a transformation, largely because of developments in modern communications. Many of the features of contemporary campaigning arrived-opinion polls, advertising, television, daily press conferences, and serious planning of campaign strategies by party leaders. Elections have changed greatly since the 1950s when Clement Attlee toured the country in a family saloon, driven by his wife, addressing meetings recorded only by the press. Indeed, it takes an effort of mind to remember that until 1959 there was no broadcast coverage of the election campaign.
Political Change in Britain
Authors: King Anthony 
Published: October 2023

Abstract
David Butler and Donald Stokes entitled their pioneering study of the British electorate of the 1960s and early 1970s Political Change in Britain. Their subject was the influences that bear upon individual voters as they decide how to cast their ballots and the ways in which individuals’ voting decisions are summed across the whole mass of voters to produce the outcomes of general elections. Butler and Stokes’s focus was on the electorate and not on the various other forms that political change can take, but they were well aware that ‘the ebbs and flows of popular favour affect, often in quite unexpected ways, the whole conduct of British government’ (1974: 3).
Dialogue of the Deaf? The Elite and the Électorate in Mid-Century Britain
Authors: Berrington Hugh 
Published: October 2023

Abstract
Politicians, however democratic the mode of their election, how¬ ever broad the suffrage by which they are chosen, are never representative of those they represent. Such a paradox poses problems both for the conduct of democratic government itself, and for the attempts of politicians to mobilize the electoral coalitions on which their chances of power rest. Political representatives are unrepresentative in three main ways. They differ from most of their electors by virtue of their social backgrounds and their education, and, above all, because of their deep and continuing involvement in politics. It is an unusual man or woman who stands for election to Parliament.
Judicial Methodology in Statutory Interpretation
Authors: Robertson David 
Published: October 2023

Abstract
There are two logically separable types of judicial decision in a British appellate court, the application of common law rules and the application of statute rules. Both involve the fitting of rules to fact situations taken as given, whether arising from the decision by a jury in a criminal trial or a first instance judge in a civil trial. In practice this sharp distinction between fact and law does not always work easily-their Lordships at times find ways of overturning factual analyses which would lead to legal conclusions they dislike, but in theory at least appellate decisions refer to prior mistakes of law only. Both types of decision involve interpretation, but the techniques of statutory interpretation and of interpreting the true nature of the common law rule to be found in precedents differ somewhat. Consequently we have divided our analysis of the nature of legal argument in the courts into two sections. Here we discuss what should be the more limited area of judicial discretion, the interpretation of statutes. Very few cases, however, are pure types. There are few problems coming before the court where no statute at all can be said to be relevant (though the Lords may interpret it away to give themselves a dear common law run).
Models of Legislative Parties
Authors: Brand Jack 
Published: October 2023

Abstract
Bradfield might have been speaking for MPs. Before we can dismiss the House of Commons as powerless, however, we must look more carefully at what power means and how it can be analysed. Further, we must decide how power can be described and evaluated in legislative parties. In the debate about the meaning of power, a number of writers have distinguished between power, influence, authority, and a number of related concepts. For the purpose of this chapter I shall make no such distinction; when I ask about the influence of the parliamentary parties over policy, most of the points made about the concept of power also apply. If a distinction has to be made I shall point it out.
Power Over Agriculture
Authors: Brand Jack 
Published: October 2023

Abstract
In his history of the post-war Labour government, Kenneth Morgan draws a charmed picture of British agriculture. In 1947, the year of the first great Agriculture Act, there was ‘a renewed cult of the countryside variously popularized in the broadcasts of Ralph Wightman; the radio serial, The Archers ...; the success of magazines like The Countryman; and the writings of A. G. Street. Urban Britons paid obeisance to the pastoral dream, as they had done throughout the industrial period of their history.,1 This was a common view of rural life until the 1950s, perhaps into the 1970s. It is a typical European perception of the country side as the original home and, perhaps, the truest representation of one’s society.