bluuebunny/crossref_metadata_2025_split huggingface dataset:
Contemporary International Law
Authors: Thornberry Patrick 
Published: October 2023

Abstract
There is a measure of truth in Sieghart’s remark that ‘all human rights exist for the protection of minorities’. ‘ Minorities’ in this sense includes many groups besides ethnic, religious, and linguistic groups; human rights in general exist for the weak, the vulnerable, the dispossessed, the inarticulate. The strong have little need of human rights, at least in a democracy commit ted to majority rule, though, strictly speaking, in the letter of the international instruments encoding human rights, they are also beneficiaries: the premiss of these instruments is a universal premiss.
Hurley’s Case and the Doctrinal Basis for Human Rights Jurisprudence in South Africa
Authors: Ellmann Stephen 
Published: October 2023

Abstract
South African courts cannot test the substantive constitutionality of the Internal Security Act or the Public Safety Act or any other legislation passed by Parliament. Yet they are not powerless in the face of state instrusions into human rights, even when the state’s defence of its actions rests on invoking one of the congeries of statutory provisions that authorize such intrusions. In fact South African law provides the courts with a range of grounds on which to limit such intrusions, even while acknowledging the principles of parliamentary supremacy. The most fundamental of these grounds is the power of statutory interpretation. Even a supreme parliament’s laws must be applied in the courts, and to apply them the courts must interpret them. In this chapter I will look closely at the rules of statutory interpretation which the courts employ.
Title Registration Achieved
Authors: Anderson J Stuart 
Published: October 2023

Abstract
With the 1853 Report, as it happened, deeds registration was doomed. Even Lord Cranworth acknowledged as much in due course. Its theory was good, he thought, but its consequences for small transactions were unacceptable. For a good long time any brave reformer raising the issue would be met with derision. It had turned out to have only a specialist appeal, offering experts an improved mechanism for assessing complex titles at the probable cost of imposing additional expenses on ordinary practitioners in run of the mill transactions. Title registration claimed immunity from this defect; it would bring benefits across the board. Yet its principle was still far from being accepted either in Parliament or outside. The Report of the 1853 Select Committee and the backing of the subsequent Commission was only a beginning. Title registration was still an untested idea based on a priori assumptions about the way in which land transactions worked. Whether facts would form a more obliging fit than they had done for deeds registration remained to be seen.
Perfecting a Private Market
Authors: Anderson J Stuart 
Published: October 2023

Abstract
This chapter bridges the concerns of Part I and those to follow in Part II. For lawyers its focus is the legislation of the early 1880s, the Settled Land Act and the Conveyancing Acts, statutes which contemporary conveyancers saw as a new dawn. After them things were never the same again: the old world derided by Brougham had finally passed. But solicitors who believed that the bright new day would bring peace would be disappointed: the dawn was false. A plateau had been reached, not the summit. Looking back we can see that until the 1870s politicians had had to be persuaded by the law reformers that their concerns with technical questions of land law were worth taking up. And looking ahead we see that by the mid-1880s the position was reversed: political parties had identified land transfer as an urgent problem, with lawyers and their institutions serving the subsidiary role of promoting and negotiating a solution. The signs were already there. Dispute brewed over settlement of land, the use of entailed estates, and the related question of intestate primogeniture.
International Human Rights and Private Bodies: Two Approaches
Authors: Clapham Andrew 
Published: October 2023

Abstract
Part II deals primarily with the case-law of international or ‘supranational’ organs: the European Commission of Human Rights (Strasbourg), the European Court of Human Rights (Strasbourg), and the European Court of Justice of the European Communities in Luxembourg. This part also contains a brief excursus through the case-law of the Supreme Court of the United States and the Supreme Court of Canada. The approach of these last two courts is interesting for present purposes due to the influence of the Common Law dimension as well as the presence of similar centripetal tensions to those found at the supranational level in Europe.
Limits to the Application of Human Rights in the Private Sphere
Authors: Clapham Andrew 
Published: October 2023

Abstract
The main conclusion of the last chapter was that there should be protection from all violations of human rights, and not only when the violator can be directly identified as an agent of the State. It was suggested that, in the case of the European Convention on Human Rights, this could be legally justified by a dynamic interpretation which considered the general evolution of international law, and in particular the international law of human rights.
Theories and Conceptions
Authors: Waluchow W J 
Published: October 2023

Abstract
In Law’s Empire Dworkin introduces an important distinction between what he calls the ‘grounds’ and the ‘force’ of law. The former primarily interest Dworkin in Law’s Empire and concern the ‘circumstances in which particular propositions of law should be taken to be sound or true’.1 Propositions of law, we are told, are ‘all the various statements and claims people make about what the law allows or prohibits or entitles them to have’. 2 That Canadians owing income tax to the federal government must file their returns before 30 April or face a late penalty is presumably an example of a proposition of law. That no person may profit from his own legal wrongdoing is another proposition of (common-law) jurisdictions. That Ontario residents may file for divorce following one year’s separation is another still. All these propositions of law report the current state of the law in the relevant jurisdiction. They describe, or in some other way make reference to, existing legal rights, duties, powers, liabilities and so on. On Dworkin’s account, the legal duties cited in, or entailed by, propositions of law should normally be respected by citizens, and their violation normally licenses state coercion. It justifies a judge in holding the offender liable.
Charter Challenges
Authors: Waluchow W J 
Published: October 2023

Abstract
In the preceding chapter I argued that inclusive positivism, which acknowledges the conceptual possibility of legally recognized or pedigreed moral tests for the validity and content of law is at the very least on a par theoretically with exclusive positivism which denies this possibility. At various stages in the argument reference was made to challenges to legal validity made under documents like the Canadian Charter of Rights and Freedoms. It was suggested that these charter challenges seem typically to involve substantive moral arguments purporting to undermine legal validity. I sugested that it is mistaken to view such challenges as anything but attempts to demonstrate either that pedigreed criteria for legal validity have not been satisfied, and that what seems to be valid law is in fact no law at all, or that a law must be understood or interpreted in such a way that it does not infringe upon a pedigreed moral right protected by the Charter. In the former instance, morality figures in arguments purporting to challenge the existence of valid law. In the latter case, it figures in arguments intended to establish the content of valid law, the law contained within the instruments (for example, the statutes or precedents) employed for its expression. If this view of charter challenges is correct, then it follows that the existence and content of law does sometimes depend on moral factors.
Hercules
Authors: Waluchow W J 
Published: October 2023

Abstract
For our purposes, the distinguishing feature of inclusive positivism is the claim that moral considerations can, but need not, figure properly in determinations of law, i.e., attempts to determine the existence or content of valid laws. Since moral considerations do seem to figure in this way, we have good reason to think that inclusive positivism is a better descriptive-explanatory theory of law than exclusive positivism. But an important question arises at this point. Perhaps the appropriate conclusion to be drawn from our previous discoveries is not that inclusive positivism is the better theory, but that legal positivism is obviously inadequate because that theory is identical with exclusive positivism and the latter necessarily precludes political morality from the possible grounds of law. In other words, the appropriate conclusion may not be that we have reason to adopt a version of positivism, i.e. inclusive positivism, which provides conceptual space for morality in determinations of law, but that positivism must be abandoned altogether because it necessarily excludes morality from the possible grounds for valid law, and morality does sometimes seem to figure in this way.
Discretion and Legal Theory
Authors: Waluchow W J 
Published: October 2023

Abstract
In the last chapter we examined three arguments, each purporting to show that positivism is inconsistent with a rule of recognition containing moral tests for valid law, and that inclusive positivism is therefore incoherent. The Validity Argument was shown to be unsound on the ground that weight and validity are logically compatible properties. The Pedigree Argument was seen to fail because the moral tests for law sanctioned by inclusive positivism are only contingent features of some possible legal systems. The Argument From Function was discredited on a number of grounds, the primary one being that it seriously exaggerates the positivist’s concern for certainty and finality in the law, casting his views concerning how law sometimes serves these values into a form he would reject, namely, a normative theory of law. In this chapter we consider two further arguments which might be offered to show that positivism is inconsistent with moral tests for law, and that inclusive positivism is therefore internally inconsistent. Both arguments appeal to the idea of discretion, a notion which was extremely important in Dworkin’s early assault upon positivism. The first argument runs as follows.
Benefits
Authors: Amerasinghe C F 
Published: October 2023

Abstract
Despite not being required by Rule 7.01, the Bank subsequently decided to offer six months compensation to staff in the Applicant’s situation. Those were the conditions offered to the Applicant by close of business on September 30 and he accepted the offer, signing the Separation Agreement in October 1987. There was no duress in the mutual separation agreement, because the situation in which the Applicant found himself was of his own choosing. (Pavesich, Decision No. 94 [1990], para. 51)
Exercising Party Choice
Authors: Fentiman Richard 
Published: October 2023

Abstract
We have seen that litigants generally have a choice whether or not to plead and prove foreign law, a choice reflecting the voluntarism of the English approach to civil procedure and choice of law. Indeed, the principle of party choice, whatever its merits, whatever its scope, powerfully shapes the process of international litigation. It raises an important strategic issue for litigants which is lacking where the introduction of foreign law is invariably required. And it accounts for the large, unassessable, number of English cases with a foreign element in which foreign law goes unpleaded.
Proof by Experts
Authors: Fentiman Richard 
Published: October 2023

Abstract
Foreign laws are facts in English doctrine, albeit that their legal character makes them different from other facts. Being facts, they remain unknown to a court unless pleaded and proved. And, being facts, courts generally lack judicial notice of their content, which they consequently cannot estab lish by independent research. Exceptionally, courts take judicial notice of foreign law, and sometimes the determination of foreign law requires no special expertise but falls within a court’s inherent knowledge or compe tence.3 Standardly, however, the proof of foreign law belongs to the cate gory of matters which must be established by expert evidence.
Principle, Policy, and Reform
Authors: Fentiman Richard 
Published: October 2023

Abstract
It remains to ask whether English law’s treatment of foreign law is justi fied. This is a matter of concern on a number of levels. The success or oth erwise of the English approach affects the expense, duration and fairness of litigation. Its deficiencies may discourage legitimate claimants from proceeding under foreign law, to their possible disadvantage; or from doing so at all, denying them access to justice; or from doing so in England, to the detriment of the market for legal services.
Two Models of Proof
Authors: Jackson John , Doran Sean 
Published: October 2023

Abstract
In Chapter Two we noted that the Diplock courts were introduced as part of a package of emergency measures designed to deal with political violence in Northern Ireland. These measures have been the subject of much controversy and the Diplock courts, which have ultimately been responsible for convicting those who have passed through this security system, have naturally been associated with the measures used. Attention has focused more on how these measures have affected plea rates and conviction rates than on the actual process of trial without jury. In this book we concentrate on the character and practice of this process in order to gauge what happens when the jury is taken away from the conventional trial format, but when the rules of procedure governing the trial are left intact. Before we turn to the trials themselves, however, we need to ask how the common law trial procedure is typically characterized. The epithet which best captures its essence is ‘adversarial’. A key question to be addressed therefore is whether this ‘adversariness’ is affected by the absence of the jury. But first let us examine the basic tenets of the adversarial tradition.
The Umpireal Role of the Judge
Authors: Jackson John , Doran Sean 
Published: October 2023

Abstract
In Chapter Three it was explained that the judge’s role in the contest model of proof is an umpireal one. This is the general, albeit not universally accepted, view of the role of the judge in the criminal trial. The judge should exhibit both authority and restraint, remain aloof yet attentive, act as umpire but never as player, to borrow terms from the ‘sporting theory of justice’ by which the adversarial tradition is frequently characterized and at times caricatured.1 Before we consider the extent to which judges adhered to this role in the Diplock and jury trials we observed, we need to delineate more precisely the limits of the judge’s sphere of permissible intervention in the course of the adversarial criminal trial.
Judicial Questioning
Authors: Jackson John , Doran Sean 
Published: October 2023

Abstract
In the last chapter we examined the classic ‘umpireal’ role which judges are required to adopt in adversary trials, both with and without a jury. In particular we noted how judges are given considerable scope, under the guise of the umpireal ideal of holding the ring between the parties, to interfere quite intrusively with party presentation and we drew comparisons between Diplock and jury trials. In this chapter we turn away from the umpireal role of checking the excesses of counsel and look at the way in which judges more positively affect the fact-finding process during the trial. As already stated, a good way of examining this is to look at the part played by judges in questioning witnesses.
Between the State, Law, and the Market: The Social and Professional Stakes in the Construction and Definition of a Regulatory Arena
Authors: Y Yves Dezala 
Published: October 2023

Abstract
As a result of the opening up of borders, the rules, institutions, and more generally the whole framework for economic activity in capitalist countries have become one of the weapons, as well as one of the stakes, in increased international competition. These legal devices are also one of the objects of an entire export-oriented-and imperialist—service industry of symbolic production, which aims to substitute the market economy for the various more or less interventionist systems of planning erected by the communist regimes, as well as the welfare states and the ‘developmental states’ (Castells 1992).
European Capitalism: Between Freedom and Social Justice
Authors: Dejong Prof. Dr. H W 
Published: October 2023

Abstract
Capitalism is the economic system in which firms, privately owned, produce goods and services for markets where consumers spend their incomes in accordance with their own free choices. The goal of the system is, to quote Marx (1890: 138, 149, 295), the generation of surplus value: ‘The production of surplus value, ... , is the specific end and aim, the sum and sub stance, of capitalist production’. The quotation, as given above,1 is, I think, one which deserves general acclaim, for it denotes the essential features of capitalism to bring forth goods and services valued in and by markets and to do so on a progressive basis. Capitalism--or the free market economy, if one prefers a less ideologically oriented term-is not a system which is static or stagnant, but something which grows and develops, be it with ups and downs. Its fluctuations manifest leaps forward and crises of adaptation, but always and in the long run, like the Echternach procession: two steps forward and one backwards.
Competitive and Non-Competitive Regulatory Markets: The Regulation of Packaging Waste in the EU
Authors: Paul Joel R 
Published: October 2023

Abstract
Opponents of the World Trade Organization, the European Union, and the North American Free Trade Agreement (NAFTA) have popularized the idea that regulatory competition will lead to a race to the bottom. According to the conventional view of regulatory competition represented by these critics, where capital, finished goods, and services are relatively mobile across national borders, regulators will be induced to lower regulatory standards to compete for scarce investment capital (Paul 1991: 70-4; Batra 1993: 215-30; Daly & Cobb 1989: 5r-61). This paradigm of the relationship between private capital and state regulators describes a regulatory market in which competing states offer infrastructure, labour, and market access to private capital subject to certain regulatory conditions or costs, and private capital is free to select the state that offers the most favourable regulatory regime.
The Search for a Unifying Principle
Authors: Lowenfeld Andreas F 
Published: October 2023

Abstract
It is evident that this group of essays makes no pretence to constituting a treatise, covering all the various aspects of private international law. But the effort has been to do more than merely present a collection of short stories, linked only by the annoying fact that the United States is a participant in nearly all of them. If this volume has been long (perhaps too long) on narrative and illustration, and short (perhaps too short) on doctrine, it has not been for want of a central theme. I do think that a common principle emerges from the various cases, episodes, and short stories here set out-the principle of reasonableness.
Manner of Involvement in the UK
Authors: Stapledon G P 
Published: October 2023

Abstract
Having now analysed the various areas of corporate affairs with which the institutions have been concerned, the purpose of this chapter is to describe in more detail the actual manner in which the institutions have monitored their portfolio companies. The institutions ‘ manner of participation can be broken down into four types, although each type possesses the same two variables. The first and second categories are ‘direct ‘ methods of monitoring, in that it is the institutions themselves that carry out the action(s). The third and fourth categories are ‘indirect ‘ methods of monitoring, in that the institutions act through proxies-either collective action vehicles such as the Institutional Shareholders ‘ Committee, or non-executive directors on portfolio companies ‘ boards. One variable is, therefore, the party that performs the monitoring actions.
Conclusion and Suggested Reforms
Authors: Stapledon G P 
Published: October 2023

Abstract
In the aftermath of the takeovers boom which occurred in the UK and the US during the mid-to-late 1980s, and the scandals concerning Australian entrepreneurial companies of that period, many commentators in all three countries called for a greater involvement by institutional shareholders in corporate governance. This book has explored the topic of institutional monitoring of corporate managements in the UK and Australia. The aim of the book has been twofold: to present a picture of the extent and nature of institutional monitoring in the UK and Australia, and to analyse the possibilities for institutional monitoring in the future in each country. Any study of institutional-shareholder involvement in corporate govern ance in the UK must take account of the fact that the systems of corporate ownership and governance in the UK and the US are fundamentally different from those in most other major ‘western ‘ economies. The UK and US corporate sectors are characterized by a relatively large number of quoted companies, a liquid capital market where ownership and control rights are traded frequently, and few inter-corporate equity holdings. The corporate sectors of Germany and Japan are, in contrast, characterized by a relatively small number of quoted companies, an illiquid capital market where ownership and control rights are traded infrequently, and many inter-corporate shareholdings. The UK and US systems of corporate ownership and governance are ‘outsider ‘ systems, whilst the German and Japanese systems are ‘insider ‘ systems.
Preliminary Remarks
Authors: Fawcett James J , Torremans Paul 
Published: October 2023

Abstract
In a case involving a foreign element the first thing that a court has to decide is whether it has jurisdiction. This refers to ‘the question of whether an English court will hear and determine an issue upon which its decision is sought’. The jurisdiction of the English courts is complicated by the fact that there are two different sets of jurisdiction rules. The first is the EC/EFTA rules, the source of which is the Brussels and Lugano Conventions. The second is the traditional English rules on jurisdiction.
The Sanctimony of Contract*
Authors: Collins Hugh 
Published: October 2023

Abstract
Our centenary year should be a time for a restatement of our objectives as lawyers at the LSE. How can lawyers contribute to the projects of a School of social sciences? In reconsidering those objectives in this inaugural lecture, it is worth reflecting on how the four previous holders of this Chair in English Law defined their respective contributions. They were important pioneers in our distinctive endeavours in legal education and scholarship. Building on their work, we have the exciting opportunity to delineate a new agenda for legal scholarship.