bluuebunny/crossref_metadata_2025_split huggingface dataset:
Professional Competition and the Social Construction of Transnational Regulatory Expertise
Authors: Dezalay Yves 
Published: November 2023

Abstract
One of the paradoxes of the scholarly discourse on law and regulation is that it is essentially addressed to professionals, although it behaves as if these professionals did not exist; or, more precisely, as if they did not intervene actively in the legal game on the basis of strategic choices determined by their specific interests as much as by the interests of those whom they represent. The ‘depersonalization’ of this discourse may help law’s social credibility. In any case, it means that those who produce it need not ask themselves how far this knowledge is determined by its markets and its conditions of production. But this blindness also prevents them from analysing what is happening in the domain of regulation of economic activity to facilitate internationalization, since these transformations are taking place precisely at the intersection between the field of professional practices and that of the scholarly debates and conflicts which are the process of redefinition of the law and of the position of lawyers (or other experts) in the relations of power.
Primary Establishment and Mutual Recognition of Companies
Authors: Edwards Vanessa 
Published: November 2023

Abstract
A natural person exercises his right of primary establishment under Article 52 by removing himself from one Member State and establishing himself in another. The equivalent procedure for a company consists in the removal of its seat from one Member State to another while retaining the links giving it corporate nationality of the first Member State, normally by virtue of the fact of incorporation and retention of registered office there.1 For a number of reasons, it is rare in practice for a company to wish to do this. As indicated above, the State of incorporation may, because it applies the real seat theory of corporate nationality, require the dissolution and consequent loss of legal personality of a company wishing to relocate in such a way; the host State may similarly refuse to recognize the foreign company as a properly constituted corporate entity unless it is wound up and reconstituted as a local company. The effect of this refusal to recognize the corporate status of the company may be, as in Germany, that the shareholders incur personal liability for the company’s debts, that the company will be treated for tax purposes as a partnership and taxed accordingly, and that the company will be unable to enter into contracts, own property or bring legal proceedings in its own right.
Labour Law as Market Regulation: the Economic Foundations of European Social Policy
Authors: Deakin Simon 
Published: November 2023

Abstract
The principal influence over European Community social policy has been, and remains, the economic goal of market integration. Even the apparently fundamental social right to equal pay in Article 119 of the EC Treaty owes its existence to concerns over unfair competition. The Ohlin Report of ILO experts cited sex discrimination as one of the few instances in which transnational labour standards would be needed to deal with a distortion of competition arising from the liberalization of trade; without some degree of harmonization, it was feared that low-cost producers located in States lacking effective laws on equal pay would enjoy an ‘economically unsound’ advantage. But the ILO experts rejected arguments for a more general programme of harmonization of labour and social security law.
Unnecessary Suffering
Authors: Radford Mike , Broom Donald M 
Published: November 2023

Abstract
‘Now it is important to settle in one’s mind, so far as it can be settled, clearly what is cruelty’, asserted Lord Coleridge CJ in the leading case of Ford vWiley. ‘The mere infliction of pain, even if extreme pain, is manifestly not by itself sufficient’, he suggested, not least because pain may be caused ‘for reasons of beneficence, as in surgery or medicine’. It was, said the judge, lawful to inflict pain if it was ‘reason ably necessary’, a proposition which he recognized demands ‘consideration of what “necessary” and “necessity” mean in this regard’.
Leonti Mroveli,History of the Kings of K ‘Art ‘Li
Authors: Thomson Robert W 
Published: November 2023

Abstract
Let us recall that for the Armenians and Georgians, and Ranians and Movkanians, and Heranians and Leks, and Caucasians and Egerians1 there was a single father called T ‘orgom, son of T ‘iras, son of Gamer,2 son of Yabet ‘, [8] son of Noah; he was a man valiant and gigantic.3 Now at the destruction4 of the tower and division of tongues, when mankind was scattered over First let us recall that for the Armenians and Georgians, Ranians and Movkanians, Hers and Leks, Megrelians and Caucasians, there was a single father named T ‘argamos. This T ‘argamos was the son of T ‘arsi, grandson of Iap ‘et ‘, son of Noah. Now this T ‘argamos was a giant.
Leonti Mroveli, The Conversion of K ‘Art ‘Li By Nino
Authors: Thomson Robert W 
Published: November 2023

Abstract
At that time the blessed Nune, mother of the Georgians,86 came to Mc ‘xet ‘a. After she had been there for three months,87 the Georgian queen Solomi asked her whence she was. Nune said to her: ‘Hear my tale from the beginning. ‘
The Apocryphal Jesus
Authors: Elliott J K 
Published: November 2023

Abstract
Jesus' birth in a cave, his childhood, escapades, his secret sayings, and his descent to the underworld; the torments in Hell; Saint Paul baptizing a lion; the death of Pontius Pilate and Saint Peter being crucified upside down. These are among the fascinating stories found in this present selection. They all come from early Christian legends which did not get into the Bible, yet have had a profound influence on art, literature, and theology from the second century through the Middle Ages and even modern times. Some of the stories included here, especially those involoving the Virgin Mary, have affected matters of doctrine; others have influenced the church's teaching on the after life - whilst from the apocryphal Acts there are some of the best examples of accounts of the lives of Christianity's earliest saints. In this book Dr Elliott provides introductions to each of the most important and significant of these remarkable and often bizarre apocryphal texts.
Peter
Authors: Elliott J K 
Published: November 2023

Abstract
In the New Testament Peter, the Galilean fisherman, is the most prominent of Jesus ‘ followers. He is among the first of the disciples called by Jesus; he is frequently the spokesman and leader of the twelve disciples; he is prominent throughout Jesus ‘ ministry and an active participant in many of the most significant and well-known events. His confession at Caesarea Philippi in Matthew 16: 16 that Jesus is the Messiah earns him the promise that he is the rock on whom Jesus will found his church. (The claim of the Papacy rests on an interpretation of these words.) Peter ‘s threefold denial of Christ at the time of the trial is also famous. In the Resurrection stories Peter is said in the Gospels to have been granted a personal appearance of the risen Christ. In the Acts of the Apostles Peter is the leader of the Jerusalem church; the first half of that book is largely devoted to the travels, teachings, and miracles of Peter. His prominence as a pillar of the church is also clear in Paul ‘s writings. Two New Testament letters bear his name. Several second-century works also attribute their authorship to Peter, including the apocryphal Preaching of Peter. It is not surprising to find that many legends and traditions gathered around the name of Peter, the largest collection of them outside the Bible being in the second-century Acts of Peter. This apocryphal work is not available in its entirety but sufficient from it survives to enable scholars to reconstruct at least part of the original.
The Wine Song in Classical Arabic Poetry
Authors: Kennedy Philip F 
Published: November 2023

Abstract
The classical period of Arab civilization produced the most extensive and highly developed bacchic tradition in world literature, In this book, the author traces the history of classical Arabic wine poetry from its origins in sixth century Arabia to its heyday in Baghdad at the turn of the ninth century. The focus is on the greatest and perhaps most likeable of Arabic poets, Abú Nuwás. Although wine poetry is only one of the many genres for which he is known, it is the one that has ensured his fame, and the one on which this book concentrates. The wine songs of the poet are analysed and their connections with poetics, ethics, and religion are explored. The author also puts Abú Nuwás in perspective by comparing him with his most important predecessors and contemporaries and by discussing his interaction with other poetic genres such as amatory, invective, ascetic, or gnomic verse.
Essays in International Litigation and the Conflict of Laws
Authors: Collins Lawrence 
Published: November 2023

Abstract
This is the paperback edition of Lawrence Collins' very well received hardback Essays in International Litigation and the Conflict of Laws. The book offers academics and practitioners a selection of the best essays written over a twenty-year period, updated where necessary with introductory prefaces outlining the most important subsequent developments. Among the highlights is a report of the author's recent Hague lecture on Provisional and Protective Measures in International Litigation. Scholarly and incisive, these essays will be required reading for all academics and practitioners interested in international litigation.
Interaction between Contract and Tort in the Conflict of Laws
Authors: Collins Lawrence 
Published: November 2023

Abstract
This article originated as a thesis at Columbia University Law School under the supervision of Professor Maurice Rosenberg. The relationship between contract and tort in international transactions remains a matter of considerable difficulty, particularly in the field of employment law, which is dealt with in Chapter XI. The distinction between contractual and tortious claims may make a vital difference in cases covered by the Brussels and Lugano Conventions on jurisdiction and the enforcement of judgments, since the jurisdictional rules for contract in Article 5(1) and for tort in Article 5(3) may lead to different jurisdictions. The European Court has held that the expressions ‘matters relating to a contract’ and ‘matters relating to tort, delict or quasi-delict’ are to be given autonomous interpretations. The consequence is that a claim connected with a contract cannot be treated as a tortious claim for jurisdictional purposes, even if it is so classified by the law of a member state: Case 189/87 Kalfelis v. Schroder, Munchmeyer, Hengst & Co. [1988] ECR 5565. Most recently, in Case C-26/91 Jacob Handte & Co. v. TMCS, 17 June 1992, the European Court held that a claim by an ultimate purchaser against a manufacturer in the French courts was to be regarded as tortious in nature, even though under French Law it was classified as a claim on an implied contract. Consequently, the French court did not have jurisdiction in a product liability claim.
Exemption Clauses, Employment Contracts and the Conflict of Laws
Authors: Collins Lawrence 
Published: November 2023

Abstract
Although the questions of principle raised in Sayers v. International Drilling Co. [1971] 1 WLR 1176 (CA) remain live ones, the actual decision in the case would now be different because the exception clause in such circumstances would be invalidated by the Unfair Contract Terms Act 1977. That Act was part of a general development to restrict the application of foreign law in order to protect the weaker party. The EEC Conventions on jurisdiction and on contractual liability also contain special provisions in favour of employees. The Brussels Convention (as amended in 1989) and the Lugano Convention contain similar (but not identical) provisions, the substance of which is that in matters relating to individual contracts of employment, the place of performance of the obligation in question will be the place where the employee habitually carries out his work, or if the employee does not habitually carry out his work in one country, the employer may also be sued in the courts of the place where the business which engaged the employee was or is situated: Article 5(1). The effect of Article 17 (as amended) of the Brussels Convention and Article 17 of the Lugano Convention is that, as against the employee, a jurisdiction agreement is to be effective only if it is entered into after the dispute has arisen.
Defending the Indeterminacy Thesis
Authors: Tushnet Mark v. 
Published: November 2023

Abstract
In Determinacy, Objectivity, and Authority, Jules Coleman and Brian Leiter address what they describe as attacks on analytic jurisprudence from critical legal studies and other forms of modern American legal thought. Although Coleman and Leiter agree that there are ‘important ways in which the set of legal reasons will be indeterminate’, and that ‘certain forms of indeterminacy can pose a problem for the possibility of legitimate governance by law’, they conclude that these problems ‘are in no way fatal to the possibility of legitimate authority’.
Right Practical Reason
Authors: Westberg Daniel 
Published: November 2023

Abstract
The part of this work which may lay some claim to originality, or at least to offer a solution of a stubborn difficulty in Thomist studies, is Part III, on the process of action. An interpretation is presented which is both faithful to the Summa Theologiae treatment, and avoids the cumbersome scheme of alternating actions of intellect and will, helping to clarify the account of practical reason. The necessary foundations and the implications for a revised view of prudence complete the structure of the book.
Intention
Authors: Westberg Daniel 
Published: November 2023

Abstract
There are different meanings of ‘intention’: there is the ordinary usage indicating purpose (‘I intend to go to the opera tonight’); there is the legal meaning in connection with mens rea (on which some disagreement exists whether intention is only the knowledge of the action or indicates desire as well); and there is the philosophical notion of intentionality, which enriches but complicates the concept for us. The aspect of intention in relation to practical reason is not one of the clearer points in Aristotle’s ethics, and the tendency to understand his thought (as well as Aquinas’s) through more recent categories has sometimes been a hindrance.
Chalcedon and the New Testament
Authors: Hooker Morna D 
Published: November 2023

Abstract
When more than 500 bishops gathered together in the Church of St Euphemia at Chalcedon in October AD 451, a copy of the scriptures was placed in the Centre of the Council as a symbol of the fact that their deliberations began from scripture, and that they believed themselves to be expounding scripture. The definition they eventually produced was an interpretation of the Nicene Creed, and that in turn was understood to be an exposition of scripture.
The Lordship of Christ
Authors: Way David 
Published: November 2023

Abstract
In the English-speaking world Ernst Käsemann’s name is associated primarily with the renewed quest for the historical Jesus which he helped to initiate in the mid-1950s. In addition he is well known for his passionate theological commitment, and for the highly polemical character and sheer difficulty of his writing. There is less appreciation of the breadth of Käsemann's interests, the system of his thought, and the key role of his understanding of Pauline theology within the whole. This study, the first of any length to be written in English, seeks to redress this imbalance. Dr Way traces Käsemann's views from his doctoral dissertation to his magnum opus, the Commentary on Romans. From its context in German Protestant theology, Käsemann’s Pauline interpretation is systematically analysed and emphasis is given to the major theological themes which identify the continuing significance of his interpretation to biblical scholars and the Church. Certain unpublished lectures and letters are referred to in tracing Käsemann’s views, and the influence of this most provocative of Rudolf Bultmann's students on contemporary New Testament scholarship is assessed.
Extradition: Law And Practice
Authors: Stanbrook Ivor , Qc Clive Stanbrook 
Published: November 2023

Abstract
The second edition of this book is long overdue. The first edition was published before Mr Justice Goff’s landmark judgment in re Nielson, the passing of the 1989 Extradition Act, the implementation of the European Convention on Extradition, and the UK’s adoption of the European Convention on Human Rights. These developments reflect the strong political forces and emerging political structures of the last twenty years. This edition puts the development of the UK’s extradition law into its political and evolutionary context. Drawing from the practice and law of many countries, the authors illustrate the growing convergence of international principles of extradition. In some areas this convergence responds directly to new political structures such as the European Union. In others to the increasing influence of norms of international law in the area of human rights. This area in particular will increasingly influence the development of extradition both in the UK and elsewhere. The UK’s incorporation of the European Convention on Human Rights guarantees this trend and now requires practitioners in the UK to have regard to the growing international jurisprudence in this area. This book is the first in this field to grasp this development and it devotes a full chapter to the new human rights dimension in extradition. Despite the impressive development of extradition since the first edition, the Authors do not believe that UK extradition law is well equipped to deal with the ever increasing volume of international crime. Conservatism, suspicion of foreigners, and a misplaced inherent distrust of civil law systems prevent the UK from having much influence on the international development of extradition. An international based system is essential and in any case inevitable. It would be infinitely preferable for the UK to be in the vanguard of the development rather than - as so often these days - a late arrival. The Authors, both barristers, bring an unusually broad insight to their work. Ivor Stanbrook, then an MP, was on the Common Committee that scrutinized the Extradition bill that subsequently became the 1989 Extradition Act. Clive Stanbrook practices primarily in Brussels specialising in European Union Law as well as Human Rights Law.
Directives as sources of rights
Authors: Prechal Sacha 
Published: November 2023

Abstract
Behind the austere terms of Article 249(3) there hides a complex reality which the drafters of the Treaty probably never dreamed of. Instead of merely giving general instructions for action, as its name would at first sight suggest, the directive has developed into a fully-fledged legislative instrument of the Community. The most essential characteristic distinguishing it from a regulation is the fact that a directive is never self-sufficient. In order to be fully effective, implementing measures have to be enacted at national level. As a rule, the implementation of a directive requires its transposition into national law. In particular, due to the last factor, in the early years of the Community it seemed inconceivable that directives could be of any direct relevance to private individuals. However, reality has proven to be different. Today, directives are invoked by individuals for several purposes and they are frequently applied or, at least, taken into account as legal rules by national courts.
Hart’s Concluding Scientific Postscript
Authors: Moore Michal S 
Published: November 2023

Abstract
It has often and correctly been remarked that the Hart–Fuller debate of 1956–691 set the agenda for Anglo-American jurisprudence in the last half of this century. The nature of law, of legal obligation, of legal authority, and of law’s relation to morality, were the questions that debate made central to jurisprudence as we have since practised it.
Three Concepts of Rules
Authors: Moore Michal S 
Published: November 2023

Abstract
The article by Professor Frederick Schauer1 to which this chapter was a reply was an explication of parts of a much richer manuscript then about to be published by the Oxford University Press.2 In the latter work Schauer probes the nature of rules, ruleness, and rule-based decision-making generically, that is, without particular regard to the law. Professor Schauer presents his jurisprudential theory, which he calls ‘presumptive positivism’, as one spin-off of his more general theses about the role of rules in all decisional environments.
Ascetics as mediators and as teachers
Authors: Rousseau Philip 
Published: November 2023

Abstract
Peter Brown’s ‘Holy Man’ has proved a remarkably durable piece of work. It is still referred to constantly, most often as a whole, as the exposition of an argument or theory: his particular judgements receive less direct attention. The significance of the article is twofold. It set a debate in train: it stood at or near the beginning of a new approach to the history of religion (new also, at the time, to Brown himself). It has subsequently taken on a life of its own: for a long process of intervening criticism has brought it now into the hands of a third generation of readers.
The origins of the Carolingian attempt to regulate the cult of saints
Authors: Fouracre Paul 
Published: November 2023

abstract
In an important article published in 1990, Julia Smith contrasted cultures of sanctity in Celtic regions in the early Middle Ages with those patterns of sanctity which had been influenced by Carolingian practices. Whereas in the Celtic areas the response to cults was determined by a strong oral tradition which fed off places and objects associated with holy men and women, in the Frankish areas, she argued, cults were more tightly controlled by written hagiography which stressed the importance of corporeal relics under the guardianship of proper authorities. The Franks, in other words, had their saints under control in ways which reflected the theocratic flavour of their government, for Frankish rulers attempted to intervene in spiritual life in order to achieve some level of social control through the harnessing of supernatural power. The power of the saints thus fed the power of rulers, not just in Francia, but quite clearly, and just as effectively, in Ottonian Germany, and Anglo-Saxon England, and, at a slightly later date, in what Gabor Klaniczay terms the ‘peripheral areas’ of Scandinavia and Central Europe. As Smith suggested, when these other areas moved to control cults for political ends, this was done in imitation of Carolingian practice.
Pilgrimage and the Cult of Saint Thecla in the Mareotis
Authors: Davis Stephen J 
Published: November 2023

Abstract
The Christian practice of pilgrimage flourished especially in the fourth, fifth, and sixth centuries. While the Holy Land remained the primary destination for pious travellers, Egypt, as the cradle of monasticism, also attracted visitors in droves. As I mentioned in the previous chapter, the monastic establish- ments west and south-west of Alexandria—Pempton, Enaton, Oktokaidekaton, Nitria, Scetis (Wadi Natrun)—became fixtures on the itineraries of pilgrims hoping to get a first-hand glimpse of holy men and women. Collections of monastic stories such as the Apophthegmata Patrum, the Conferences of John Cassian, and the legends about Daniel of Scetis record many such encounters. However, holy men and women were not the only targets of pilgrimage. With the rise of the Egyptian cult of the martyrs, martyr shrines (martyria) also became major centres for pilgrim activity. The bodies of Christian martyrs were thought to be repositories of healing power, a power made portable in the form of souvenir artefacts sold to pilgrims at or near the shrines.