bluuebunny/crossref_metadata_2025_split huggingface dataset:
Holy Communion
Authors: Bursell Rupert D H 
Published: November 2023

Abstract
Many of the ritual and doctrine cases in the nineteenth century and the beginning of the present century were concerned in whole or in part with the Holy Communion Nonetheless, as a number of the questions that were raised also affected other services, they have already been considered For example, the general matter of ceremonies bas already been dealt with as it may impinge upon any service; similarly, notices may have to be given, and sennons preached, other than in the Communion service. This chapter will therefore generally be confined to matters concerning the Holy Communion service itself.
Baptism and Confirmation
Authors: Bursell Rupert D H 
Published: November 2023

Abstract
Baptism provides a ‘legal and valid initiation into the Christian Church’ from which a number of consequences flow In particular, the rubric before the Order for the Burial of the Dead in the Book of Common Prayer states:
Here it is to be noted, that the Office ensuing is not to be used for any that die unbaptized, or excommunicate, or have laid violent hands upon themselves.
It is for this reason that the law relating to baptism has mostly been considered in cases concerning refusals to bury.
Policing Violent Racism
Authors: Bowling Benjamin 
Published: November 2023

Abstract
One of the most contentious issues that the police had to face in the wake of the 1981 disturbances was that they had failed to protect minority communities from violent racism, and that this had given licence to the feeling among the communities which were targeted that they had no choice but to defend themselves. Despite strenuous efforts by the police to deny this charge, this ‘crisis of legitimacy’’persisted well into the second half of the 1980s.
The Decline and Re-emergence of Torture
Authors: Evans Malcolm D , Morgan Rod 
Published: November 2023

Abstract
Torture has recently been the subject of extensive historical scholarship and in the context of this study we need do no more than sketch the main contours of what that scholarship has revealed. Torture appears to have been used in all societies in the ancient world, with the possible exception of the Hebrew people. In the Judaic tradition the practice was regarded as contrary to the ‘law of God’, and this view was perpetuated by leaders of the early Christian church. Elsewhere, how ever, prisoners of war were either slaughtered or taken into slavery, and slavery implied, almost by definition, being subject to torture. This was true of ancient Egypt, Greece, and Rome.
The Prohibition of Torture and Inhuman or Degrading Treatment or Punishment
Authors: Evans Malcolm D , Morgan Rod 
Published: November 2023

Abstract
The prohibition of torture and inhuman or degrading treatment or punishment is probably the most well attested in the entire human rights catalogue. Article 5 of the Universal Declaration of Human Rights (UDHR) proclaims that: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
The CPT: Membership, Back-up Services, and Modus Operandi
Authors: Evans Malcolm D , Morgan Rod 
Published: November 2023

Abstract
The newly agreed Convention entered into force more rapidly than had been anticipated. No fewer than 19 of the then 23 member states of the Council of Europe signed the Convention before the end of November 1987, the month that the Convention opened for signature. Two more states signed early in 1988, and the remaining two member states signed in late 1989.
The English Legacy: The Law of Nations and International Law
Authors: Janis Mark Weston 
Published: November 2023

Abstract
How we think about any aspect of the law is largely an inheritance. This book looks to the American discipline of international law, but it begins with the intellectual legacy passed down to us by an English jurist, William Blackstone, and an English philosopher, Jeremy Bentham. Bentham, displeased with the term the ‘law of nations’ as he saw it employed by his teacher, Blackstone, fashioned a new term ‘international law’ in 1789, notably also the first year of US Constitutional government, Washington’s inaugural term as President, and the French Revolution.
Introduction
Authors: Worthington Sarah 
Published: November 2023

Abstract
One of the more pressing problems facing commercial lawyers today is to explain the principles which determine when a remedy is proprietary and when it is not. The issue comes before the courts in many guises. Vendors and purchasers of goods, small-time investors, major banks, and governments alike have all found themselves wanting proprietary, not personal, remedies. Whether such remedies are available remains surprisingly difficult to predict.
Legal Ownership: Retention Of Title Clauses
Authors: Worthington Sarah 
Published: November 2023

Abstract
Legal ownership is such a familiar concept that, inevitably, it is presumed to be well understood. It comes as some surprise, therefore, to find its definition so elusive. Common notions of legal ownership suggest that it involves the right to make physical use of property, the right to obtain income from it and the power to manage it. On this basis, ownership clearly provides effective commercial security. However, none of these incidents—or any other incident commonly associated with owner ship—is either a necessary or a sufficient indicator of the interest. The notion of legal ownership is more subtle. It follows that acquisition of the protection afforded by legal ownership can also be less than clear-cut.
Equitable Ownership: Quistclose Trusts and Related Transactions
Authors: Worthington Sarah 
Published: November 2023

Abstract
Retaining legal ownership, as discussed in the previous chapter., is by no means the only avenue available to commercial parties to secure their interests against the possible insolvency of those with whom they deal. In theory, retaining equitable ownership, rather than legal ownership, could be almost as effective. This possibility—that the parties agree that one will retain equitable ownership of property transferred to the other—is the focus of this Chapter.
Equitable Security Interests: Retained And New Interests
Authors: Worthington Sarah 
Published: November 2023

Abstract
This Chapter concludes the investigation of interests arising by operation of law. Here the focus is on security interests (known as equitable liens) rather than ownership interests. A defendant whose property is subject to a lien cannot be compelled to hand over particular property; nevertheless, the property is bound until the obligation secured by the lien is per formed. The proprietary interest generated is the same as that created by a charge, but it arises by operation of law rather than by agreement between the parties. Such a proprietary interest can greatly enhance the conventional remedies available to contracting parties.
Conclusion
Authors: Worthington Sarah 
Published: November 2023

Abstract
Questions concerning the acquisition and loss of proprietary interests in commercial transactions generate some of the most acute conceptual problems faced by modern lawyers. Familiarity with the issues has not diminished the difficulties. The dramatic increase in commercial dealings in personal property since the Industrial Revolution has been matched by a corresponding increase in the complexity of those dealings. Modem commercial transactions are now commonly expressed in terms of conditional or split ownership and security interests. The status of these arrangements is often a matter of mere conjecture.
Iraqgate: The American Equivalent of Scott?
Authors: Tomkins Adam 
Published: November 2023

Abstract
As indicated in the introduction, one of the reasons for studying the Scott story is that it lends itself very neatly to comparative analysis. This is unusual m political scandals, which are more often local and particular, rather than international, in character. But here again, Scott is different. There was an American twist to the Scott story, which this chapter will explore.
Personal Injuries In The Twenty First Century: Thinking The Unthinkable
Authors: Atiyah P S 
Published: November 2023

Abstract
It is one of the functions of the academic lawyer from time to time to think the unthinkable, and to challenge some of the most fundamental assumptions of our legal system. Few assumptions are more basic than the idea that if someone wrongfu11y does you an injury you should be entitled to sue him, and to think of abolishing this right without providing any real replacement is to go about as far as one can in thinking the unthinkable. Yet I want in all seriousness to float the suggestion that the action for damages for personal injuries should largely be abolished, and its replacement left to the free market. I shall also offer some reasons for thinking that the next century may well see some moves in this direction.
Reforming Exemplary Damages: Expansion or Abolition?
Authors: burrows* Andrew 
Published: November 2023

Abstract
When I was appointed to the Law Commission, the topic that I was most dreading taking over from Jack Beatson was that on exemplary damages. Not because I do not find the area interesting. On the contrary, I have long been intrigued by it. But rather because my own published views have taken a markedly different line from that provisionally recommended by the Law Commission in its Consultation Paper Aggravated, Exemplary and Restitutionary Damages. For example in the first edition of Remedies for Torts and Breach of Contract, I wrote the following at the end of Chapter Five on Non-Compensatory Damages: ‘ff]he ideal solution is to reform the law by abolishing exemplary damages altogether. As the House of Lords will probably continue to consider that the authorities are too firmly entrenched for it to overturn them, it is up to the law reform bodies and the legislature to achieve this.’ In the second edition I added the following passage: ‘Unfortunately the Law Commission in its recent consultation paper has provisionally recommended that, while there should indeed be reform, exemplary damages should be retained while being put on a principled basis thereby extending their ambit.
Exceptional Measures of Damages in Contract
Authors: Beale Hugh 
Published: November 2023

Abstract
The recent Law Commission Consultation Paper on Aggravated, Exemplary and Restitutionary Damages raises inter alia the question whether any of these three measures is appropriate in contract actions which do not also involve a tort. As far as contract is concerned, the Law Commission’s provisional recommendation is one of no change. Aggravated damages should be abolished anyway by means of the removal of an exceptional conduct requirement and a strict compensatory model should apply. Exemplary damages should not be available for mere breach of contract. Restitutionary awards should be confined, as the Paper argues they are at present, to cases of contracts between fiduciaries and contracts which are specifically enforceable.
Exceptional Measures of Damages: A Search for Principles
Authors: Cane Peter 
Published: November 2023

Abstract
My role at the SPTL seminar on exceptional measures of damages was that of Reporter. This intimidating job requires one to comment fairly and perceptively on the papers circulated in advance and to give a faithful account of the discussion on the day. On the face of it, the paper which follows performs neither of these tasks. The fact is, however, that in writing it I was greatly assisted and stimulated both by the papers prepared for the seminar and by the discussion which they generated. Yet a third task allotted to the Reporter is that of providing a framework within which the papers and the discussion can be brought into fruitful union. It is primarily this task which I have attempted to perform in this essay.
Meta-bargaining over Property Rights
Authors: Carruthers Bruce G , Halliday Terence C 
Published: November 2023

Abstract
To understand the revision of British and American bankruptcy law, we highlight two kinds of rights and two types of bargaining.1 We distinguish between property rights and jurisdictional rights, on the one hand, and bargaining and meta-bargaining, on the other, and focus especially on how rights and bargaining interact in bankruptcy. We elaborate these distinctions below, but to start a simple definition will help. A legal right is a defensible claim or entitlement. Property rights pertain to things of value: land, machinery, company shares, patents, and the like. They specify who has the right to use an asset. Jurisdictional rights pertain to types of work. They designate who has the right to perform a job and how they acquire that right (through educational qualifications, experience, or state certification).
Professional Innovation and the Recursivity of Law
Authors: Carruthers Bruce G , Halliday Terence C 
Published: November 2023

Abstract
A property rights perspective offers a new way to comprehend the balance of power among corporations and their neighbors in the credit network. Meta-bargaining over property rights, or struggles among players in the political arena, are well exemplified in the field of bankruptcy law, because the stakes are high; statutes on corporate bankruptcy have far-reaching influence on power relationships among all organizations. However, meta-bargaining outcomes rest on two related processes: the dynamics of law-making itself, and the politics of those professions trying to control jurisdictional rights. In socio-legal studies, neither statutory law-making nor the politics of professions in law-making have been well treated.
Restraining the State and Utilities
Authors: Carruthers Bruce G , Halliday Terence C 
Published: November 2023

Abstract
Creditors can enjoy a strong position in bankruptcy and reorganizations by virtue of statutory law. That is, they are legally empowered and prioritized so that their property claims get satisfied ahead of others. We call this dejure strength. But even when their legal position is not especially strong, creditors can exploit other resources in order to gain an advantage inside bankruptcy. They might, for example, use their powerful market position to push ahead of other creditors. This we call de facto strength.
Enabling and Constraining Managers
Authors: Carruthers Bruce G , Halliday Terence C 
Published: November 2023

Abstract
Insolvent companies confront two fates: one leads to closure and corporate death, the other to reorganization and corporate rebirth. If the former occurs, the firm ceases to function as a going concern. Its assets are liquidated and distributed to pay off creditors, and most if not all of its employees lose their jobs. When firms are reorganized, in contrast, they get another chance at life. Not all their assets are liquidated and most workers remain employed. A successful corporate reorganization benefits almost all interested parties. With a return to profitability, shareholders preserve their wealth, creditors get their money back, suppliers retain a customer, and employees keep their jobs. Such success brings political benefits as well. Unlike liquidated firms, corporations that rebound contribute to economic growth and investment, and hold down the rate of unemployment. Successful reorganizations therefore benefit the elected politicians who in modern capitalist democracies are largely held responsible for the state of the economy (see Block 1987).
Jurisdictional Conflicts in the Market
Authors: Carruthers Bruce G , Halliday Terence C 
Published: November 2023

Abstract
Major legal reforms, we have argued, significantly disturbed the division of professional labor. Reformist hopes to save companies and reorganize vulnerable firms required reliable and trustworthy experts, whose reputation and skills would encourage managers and creditors to try rehabilitation before giving up hope of corporate revival (Chapter 7). On both sides of the Atlantic, bankruptcy professionals experienced a meteoric rise in their professional identity, their market position, and the rewards accompanying both. This chapter appraises the role of the bankruptcy reforms in professional upward mobility by focusing on two broad questions.
The Business
Authors: Fehlberg Belinda 
Published: November 2023

Abstract
Mr Upton: I follow her advice. Mrs Upton: No, you never do. That’s your problem. In domestic arrangements, possibly. But not in your business at work; you’ve never followed my advice. The above exchange between Mr and Mrs Upton illustrates the sharp delineation which usually existed in surety households between domestic financial matters and business matters. Thus while in Chapter 4 it was revealed that sureties often had some role in domestic financial decisions, the findings presented in this chapter reveal that the business was overwhelmingly regarded as the province of the debtor. The business as the sphere of the debtor’s decision-making authority is the main theme throughout this chapter.
Lenders and Lawyers
Authors: Fehlberg Belinda 
Published: November 2023

Abstract
This is really a social problem, not a legal problem. (Solicitor 11) In this chapter, ‘public’ (lenders’ and lawyers’) perspectives on providing security are considered. The findings presented in this chapter, together with the findings in Chapter 6 on the more ‘private’ experience of sureties and debtors, reflect the views of all the main parties involved when a surety spouse provides security. Most significantly, Chapters 6 and 7, read together, underline the gap between ‘private’ experiences, ‘public’ interpretations of those experiences, and ‘public’ willing ness to take responsibility for those experiences. This is reflected in the comment of Solicitor 11, above, which implies that because the problems experienced by sureties are a social problem, those concerns are beyond the power of lenders or lawyers to resolve. In this chapter, the main areas addressed are lenders’ descriptions of their procedures for taking security (Part A), and lawyers’ descriptions of their procedures for providing independent ad vice (Part B). From those descriptions, impressions are also gleaned of lenders’ and lawyers’ perceptions of sureties. As the findings reveal, their perceptions are important because they underlie, and have a significant impact upon, the procedures adopted by lenders and lawyers in their dealings with sureties.
Small Claims In The County Courts In England And Wales
Authors: Baldwin John 
Published: November 2023

Abstract
The way that small claims are dealt with has prompted enormous interest in many jurisdictions, yet the subject has been neglected by researchers in this country. We should not doubt the importance of these procedures, however. It is increasingly seen as a convenient expedient in tackling the crisis in civil justice, and with a massive increase in the small claims limit from £1,000 to £3,000 in January 1996, small claims have suddenly become big judicial business. This book (based on research conducted over a two-year period and funded by the Lord Chancellor's Department, the Office of Fair Trading and the Economic and Social Research Council) presents the most extensive empirical research analysis of small claims procedures ever undertaken in this country. The theoretical and practical implications of moves to expand the scope of 'Do-it-yourself' justice are explored. The author had privileged access to the district court judges who conduct claim hearings, and the book is the first to include lengthy extracts from tape recorded interviews with them. It also includes discussion of interviews with litigants, including many who struggled to gain payment of court judgments.
Coercing the Suspect
Authors: Choongh Satnam 
Published: November 2023

Abstract
In England and Wales, as in most other countries, it is the duty of the police to detect crime, apprehend the perpetrators, and gather the evidence necessary to secure their conviction. In order to assist them in fulfilling these duties, the law confers on the police an array of coercive powers which can be exercised against those suspected of criminal involvement. Accordingly, citizens may have their person or premises searched and their property seized, they may be arrested, detained at the police station and interrogated. These powers allow the police considerable scope for exercising their discretion, and this means that powers may be used for purposes other than the simple mechanistic enforcement of the law. The police may, for example, use their discretion not to enforce the law or may simply wish to ensure that their authority is respected by a particular individual or within a given locality. In short, the police may have objectives other than those recognised by the law.
Suspect Narratives
Authors: Choongh Satnam 
Published: November 2023

Abstract
This chapter concentrates on the process and regulation of police interrogation, and presents three arguments. In the first section it is argued that the law allows the police to extract or construct confessions by deploying a variety of persuasive tactics and linguistic strategies which, in combination with the situational pressures placed upon those in custody, can produce unreliable confessions. The second section provides a critical review of the claim that interrogation is essential if crime is to be successfully detected, investigated and prosecuted. It will be demonstrated that the utility of interrogation as a crime control device has, at the very least, been exaggerated. The final section presents the argument that since interrogation is not always vital for crime control purposes, it is at least plausible to argue that it is valued by the police partially because it provides yet another route through which they can discipline and exert dominance over policed individuals and communities.
The Impact of Due Process
Authors: Choongh Satnam 
Published: November 2023

Abstract
In the opening chapter it was argued that the main concern of the Philips Commission was to ensure that the law catered for ‘police needs’, and that PACE achieves this by granting the police extensive powers relating to stop and search, arrest, detention and interrogation. However, in the debate which accompanied the passage of the Act, its proponents argued that PACE represented a net gain for suspects because it granted them a comprehensive set of rights and protections. Following its implementation, some commentators and researchers have claimed that the suspect’s position has indeed improved: that the right to legal advice, the protection provided by the creation of the custody officer, and the introduction of taperecording have exposed the police to the glare of legal scrutiny and thus succeeded in bringing their practices in line with the dictates of the law.
The Suspect’s Perspective
Authors: Choongh Satnam 
Published: November 2023

Abstract
Researchers in the United States have for some time exhibited great interest in finding out whether citizens view police and court procedures as fair and just, and in identifying the criteria or framework which citizens use in making such evaluations. This academic activity has been in marked contrast to the situation in England, however, where no attempt has been made systematically to seek out and report the views of suspects and defendants or to estimate what proportion of them feel that they are fairly treated. The present study was in part prompted by this gap in the socio-legal literature, and the previous chapters have used the suspect’s ‘voice’ in describing and analysing various aspects of police behaviour and procedure. The purpose of this chapter is to explore the suspect’s perspective in greater detail, and to determine the influence of various factors on suspects’ overall evaluations of their treatment.