bluuebunny/crossref_metadata_2025_split huggingface dataset:
Literature’s Twenty-Year Crossing into the Domain of Law: Continuing Trespass or Right by Adverse Possession?
Authors: Weisberg Richard H 
Published: October 2023

Abstract
If we were to adopt the methodologies of certain competing interdisciplinary approaches, we practitioners of law and literature might express pride in the accomplishments of the past twenty years or so. Statistics indicate an exponential increase in pedagogy and scholarship blending two fields that, for most of the earlier part of this century, had been programmatically disjoined by each discipline’s self-regard. Today, the field has a vibrancy and a breadth, so that scholars of literature are working in technical legal areas, legal scholars write about hermeneutics, stylistics and stories, judges and playwrights, novelists and practising lawyers participate in discussions and creative enterprises linking artistic vision to social policy and the quest for justice. Historians of legal thought now place law and literature together with critical legal studies, feminist and critical race theories and law and economics as among the leading analytical movements of the last quarter century.
Shakespeare, the Narrative Community and the Legal Imagination
Authors: Ward Ian 
Published: October 2023

Abstract
The purpose of this essay is to suggest the extent to which a constitution and a constitutional morality is the product of a literary imagination. The first part of the essay will discuss this idea of a literary, or narrative, imagination, and its contemporary affinities with a revived communitarian politics. The second and third parts then discuss two related concepts which lie at the heart of our constitutional theory, and suggest the extent to which the situation within the constitutional imagination is dependent upon a particular literary heritage. In both cases, it will be suggested that Shakespeare both describes, and constitutes, part of this heritage. The first relational conception is that of the common law and the integral nation state, and the second is the role of law in determining the boundaries between distinct spheres of public and private responsibility, which is so central to liberal legalism.
Lawyers and Introspection
Authors: Morawetz Thomas 
Published: October 2023

Abstract
In the United States, the very term ‘lawyer’ can be one of opprobrium, an epithet laced with disdain and condescension: ‘What did you expect? He’s a lawyer.’ My law students—at least those who are not descended from families of lawyers—often allude ruefully to their families’ ambivalence at their choice of career. An implication is that, even if it is not quite like choosing to be a terrorist, it is perhaps more like aspiring to be a politician or a journalist. All these labels have come to serve as a shorthand for compromised and questionable values, for occupations whose work is as likely to stir up trouble and discontent as to make the world a better place.
Translation and Judicial Ethos: Some Remarks on James Boyd White’s Proposal for the Harmony of the Spheres
Authors: Gaakeer Jeanne 
Published: October 2023

Abstract
The interrelation of law and literature and the way it is given shape by the imaginations of lawyers since the 1970s form an important subject of contemporary legal theory. As early as 1977, J. Allen Smith pointed to the need for a theoretical foundation for this interdisciplinary development now called ‘Law and Literature’: ‘The outcome of all this renewed interest in literature could come to a poor end unless somewhere along the course of its enthusiasm, the movement’s leaders adopt theoretical support’. This suggestion has indeed been controversial and stimulating ever since. This is because agreement neither on the need for theory, nor, if at all, on which form of theory, has proved easy to reach. The vitality of the ongoing debate on the topic makes it clear that it is indeed hard to find a middle ground, or rather, that the centre does not hold; it also shows that Law and Literature is more than a transitory movement.
Electronic Money In Japan
Authors: Hideki Kanda 
Published: October 2023

Abstract
This chapter discusses the legal and regulatory aspects of electronic money in 20.01 Japan. In general, electronic money (or what is meant by electronic money today) takes two forms in Japan: one is a stored-value card used for payment; the other does not accompany a card or similar medium and is used more as a means of payment in the form of electronic data containing certain information or value (sometimes known as ‘e-cash’). Both types of electronic money are developing in Japan. There are many pilot programmes involving stored-value cards in Japan1 and a programme of e-cash is also under way. Note that electronic money in both forms is used mainly in retail payment transactions, and this chapter therefore does not discuss payments in wholesale markets. Section B below describes the current legal treatment of stored-value cards in Japan.
Who did not win
Authors: Hargittai István 
Published: October 2023

Abstract
To understand the intricacies of winning the prize we need to do more than consider the Nobel laureates. Whereas Nobel Prizes seldom award scientists undeservedly, there are many who remain without the prize who deserve it as much as the laureates. The problem is with omission much more than with commission, and previous chapters have already referred to examples of omission from the Nobel roster.
A ‘House of Intellect ’for the Profession
Authors: Savage Nigel , Watt Gary 
Published: October 2023

Abstract
WHAT are law schools forã-Any honest and accurate response to this question ought to leave the reader with a sublime sense of dissatisfaction, a pleasing paradox. If we suggest a tidy conclusion which will work in every place then we have provided a false solution. Indeed, legal education has been described as ‘schizophrenic’, and incurably so. The dilemmas multiply-legal science versus legal realism;2 liberal education against vocational education;3 education versus training;4 substance versus procedure; technical rationality versus reflective practice;5 education for the elite versus education for the majority; and then there is perhaps the most basic dilemma of all the pragmatic versus the idyllic. Our fundamental struggle is always likely to be the problem of achieving a Utopian vision of what law schools should be within the confines of our resources and the institutional context in which each law school begins its journey towards Utopia. As Karl Llewellyn acknowledged, ‘This is a pragmatic world.
French Cinema in the 1980s
Authors: Powrie Phil 
Published: October 2023

Abstract
French Cinema in the 1980s is a set of critical essays on films which help to focus on a particular theme whose roots are in the 1970s, and which extends beyond the 1980s into the 1990s: the crisis of masculinity in contemporary French culture, and its interrelationship with nostalgia. After an introduction which gives a brief overview both of the crisis in the French film industry during the 1980s, and of the socio-political crisis of masculinity in the wake of 1970s feminism, there are three sections: the retro-nostalgic film, which emerged during the 1980s, and two more popular genres, the polar, or police thriller, and the comic film. Each section begins with a brief preface which highlights the major issues for the genre during the 1980s. The films discussed have all been distributed outside France, and are in many cases commercially available. The nostalgia section covers Un amour de Swann, Un dimanche à la campagne, Jean de Florette/Manon des Sources, and Coup de foudre. The section on the police thriller begins with Truffaut's last film, Vivement dimanche!, and includes a chapter on three thrillers by a variety of directors (La Balance, Police, Détective). Its main focus, however, is on thrillers by the directors of the cinéma du look (Diva, Subway, Mauvais sang). The last section on the comic film looks at three films which were successful both in France and abroad: Trois hommes et un couffin (remade in Hollywood as Three Men and a Baby), La Vie est un long fleuve tranquille and, finally, Depardieu's gamble at cross-dressing, Tenue de soirée.
The European Dynastic States 1494–1660
Authors: Bonney Richard 
Published: October 2023

Abstract
This is a study of Europe during the sixteenth and seventeenth centuries - a period of economic and cultural upheaval, of dramatic changes in politics, society, and religion, and of constant warring among the emergent states. Richard Bonney draws the many strands of this complex history into a comprehensive and exciting account. Based on extensive research, The European Dynastic States is rich in detail and original in approach. It covers such diverse themes as the Reformation, witchcraft, diplomacy, population structure, the growth of capitalism, wars of religion, and wars of expansion. Professor Bonney also examines the Scandinavian countries and Russia, areas frequently neglected by historians. Notes, maps, a chronology, and a guide to further reading will make this book indispensable for students of early modern Europe.
The Struggle For European Hegemony, 1618–1660
Authors: Bonney Richard 
Published: October 2023

Abstract
During the whole of the seventeenth century there were only six years in which there was no war in some area of Europe; in the first half of the century there was no year of peace at all. Inflation continued at least until 1650 and military spending increased dramatically. Governments were thus forced to tax their subjects more heavily, which raised the level of social and political tension within several European countries, so much so that some historians have perceived, or thought they perceived, a ‘general European crisis’ in the 1640s. Nevertheless, though many of the problems faced by the European countries may have been comparable in origin, their evolution was different because of the contrasting political and social structures in the different states.
The culture of improvement
Authors: Borsay Peter 
Published: October 2023

Abstract
There was no one cultural system that embraced the kaleidoscopic character of eighteenth-century Britain. Too many people –– living in widely contrasting locations –– felt, thought, and acted in different ways for that to be possible. Yet there was a group of core beliefs that permeated the fabric of life throughout the British Isles, and exerted a powerful impact over its cultural identity and development. It is dangerous to prioritize any one of these beliefs and proclaim it the elusive ‘spirit of the age’, but if there is a single idea that occupied the cultural high ground, that resonated most closely with the timbre of the time, and set the agenda for the future, then improvement–– interpreted in the broadest sense –– could claim to be it.
Kingship, government, and political life to c.1160
Authors: Bates David 
Published: October 2023

Abstract
The size and diversity of the British Isles are a factor of great importance for the history of kingship, government, and political life in the islands in this period. The world is likely to have looked very different, dependent on whether one was based in, say, Winchester, Dublin, Roxburgh, or Kirkwall (See Map 6). It is nonetheless certain that Duke William of Normandy’s victory at Hastings sent shock waves throughout the British Isles. Although their intensity had diminished almost to nothing by the time they reached the regions most distant from the epicentre, their political impact throughout England, on the princes of Wales and on the kings of Scots, was powerful and disturbing. While the consequences of the Conquest were undeniably significant, there is a lot to be said for the view that on a long-term perspective native traditions proved to be extremely resilient.
Social bonds and economic change
Authors: Britnell Richard 
Published: October 2023

Abstract
A comparison between the importance of lordship in the middle ages and the irrelevance of that concept in modern industrial societies must raise some of the most profound issues of social change over the last thousand years. In this chapter, we are concerned with the change occurring during the twelfth and thirteenth centuries, and insofar as this affected the lower levels of society. As a shortcut to understanding the power structure affecting society at these levels, it has often been assumed that particular forms of lordship which happen to be well represented in our sources were in fact dominant and represent the form and development of power as it affected society as a whole. The territorially compact manor, corresponding to a single rural settlement, with hall, home farm (demesne), and attached tenements occupied by unfree tenants (serfs) owing labour services on the demesne, has been adopted for this purpose as a model of lordship over peasants, for no better reason than that such administratively complex properties have left exceptionally detailed administrative records. A survey of British and Irish societies in the middle ages must rapidly expose the limitations of such models, for it is easy to show that manors of this kind did not cover most of the land even in southern and eastern England, and that elsewhere they were rare or absent.
Introduction: the United Kingdom and the Victorian century, 1815–1901
Authors: Matthew Colin 
Published: October 2023

Abstract
The times have changed in nothing more than in the rapid conveyance of intelligence and communication betwixt one part of Scotland and another. Thus wrote Sir Walter Scott in the opening sentence of his most characteristic novel, The Heart of Midlothian (1818). He referred to the brief period of rapid stage coach travel–soon ended by the rail-ways–but he indicated what was to be the decisive characteristic of nineteenth-century Britain: the rapidly increasing velocity of ideas, of people, of goods, and of money.
The empire and the world
Authors: Porter Andrew 
Published: October 2023

Abstract
By 1815, Britain was firmly established as one of the world’s great imperial powers alongside France, Russia, and the Chinese and Ottoman Turkish Empires. In Europe, she stood out among the Great Powers which made peace at Vienna after the defeat of Napoleon. Domestic difficulties notwithstanding, her commercial and financial strength had sustained the European military alliances necessary to restore Continental peace, and since her victory at Trafalgar in 1805 her navy had secured her global supremacy at sea. Outside the home islands, themselves only recently consolidated by an Act of Union with Ireland in 1801, Britain’s empire was made up of three elements.
Religious and intellectual life
Authors: Garnett Jane 
Published: October 2023

Abstract
The image opposite is an advertisement for a magic lantern: ‘The Triumph of Light’, which promises to banish the demons of Prejudice, Incredulity, Ignorance, Obscurity, and Error. The lantern is ‘Invaluable to Science Lecturers, Mission Workers, Schoolmasters, and for Evening Entertainments.’ It serves as an appropriate frontispiece of this chapter for the multiple resonances which it carries, for it symbolizes the flexibility of intellectual boundaries in Victorian Britain.
Literature, music, and the theatre
Authors: Flint Kate 
Published: October 2023

Abstract
Looking back from the end of the nineteenth century, contemporary commentators were in no doubt about the variety and quality of cultural artefacts that it had brought into being. They linked achievement in the arts to the status Britain had achieved as a world power, emphasized how the technological developments on which the country’s industrial strength rested had aided the spread of print culture, pointed to the changing, broadening audiences with time and money to spend on leisure pursuits.
Monarchy and Government in Britain, 1603 – 1637
Authors: Brown Keith M 
Published: October 2023

Abstract
The Stewarts were already an old dynasty when the biological failure of their recent Tudor sparring partners catapulted James VI to the throne of England in the spring of 1603. Such good fortune, however, was not unanticipated. Stewart monarchs had been heirs to the more dynastically fragile Tudors for most of the sixteenth century, since Henry VII married his eldest daughter, Margaret, to James IV in 1503. Mary, queen of Scots, had claimed to be the rightful queen of England from the death of Mary Tudor in 1558, and had been recognized as such by much of Catholic Europe. Her son, James VI, embodied the best Protestant claim to succeed Elizabeth I from his coronation in 1567, a claim that was strengthened enormously
‘What ish my Nation?’: The Cultures of the Seventeenth-Century British Isles
Authors: McManus Clare 
Published: October 2023

Abstract
Alexander Seton, a man of high culture and urbanity, has laid out and ornamented this villa and gardens near the city, for his own pleasure and the pleasure of his noble descendants, and of everyone else of culture and urbanity. This is no place of warfare, designed to repel enemies. Instead, there is a welcoming and kindly fountain of pure water, a grove, a pool, and other amenities— everything that could afford decent pleasures of heart and spirit.
The transformation of Britain: from 55 BC to AD 61
Authors: Potter T W 
Published: October 2023

Abstract
The Britain that Julius Caesar so famously invaded in 55 and 54 BC was for most Romans, and other Mediterranean peoples, dimly known, and certainly a place of no consequence: it lay much too far beyond the pale of the civilized Graeco-Roman world for that. Even the name of its inhabitants aroused confusion. Pytheas, a Greek from Massalia, modern Marseilles, who claimed to have circumnavigated the British Isles in the fourth century BC, called them Prittanoi (interestingly echoed by the word for a Briton in modern Welsh, Prydain), and it may be that it was Caesar himself who brought into wider currency the word ‘British’. Admittedly, Pytheas was denounced repeatedly as a liar and a fraud by another Greek, Strabo, writing around the beginning of the first century AD; but many of Pytheas’ reported observations (his actual work is lost) ring true, especially his reference to the long hours of daylight, and to Thule-a name applied erroneously by other ancient writers such as Tacitus and Ptolemy to the islands of Shetland.
settlement, industry, infrastructure
Authors: Bingley Richard , Miles David 
Published: October 2023

Abstract
The purpose of this chapter is to take an overview of the broad geographical patterns of human occupation in the British Isles within the imperial province and beyond in North Britain, the broad environmental background, and the regional patterns of change from the end of the first millennium BC to the fifth century AD. In particular this chapter will consider the impact of social change (sometimes called ‘Romanization’) on the British Isles as a whole, using the results of environmental analysis, aerial photography, and recent field surveys and excavations.
Models of Public Space: Hannah Arendt, the Liberal Tradition, and Jurgen Habermas
Authors: Benhabib Seyla 
Published: October 2023

Abstract
The art of making distinctions is always a difficult and risky under taking. Distinctions can enlighten as well as cloud an issue. One is always also vulnerable to objections concerning the correct classification of the thought of certain thinkers. This chapter will sidestep questions of historical interpretation and classification in order to delineate three different conceptions of ‘public space’ that correspond to three main currents of Western political thought. The view of public space common to the ‘republican virtue’ or ‘civic virtue’ tradition is described as the ‘agonistic’ one, and the thought of Hannah Arendt will be the main point of reference.
Introduction
Authors: Davies Paul , Freedland Mark 
Published: October 2023

Abstract
The purpose of this introduction is to explain why we have written this book on the contemporary history of labour legislation in Britain, and to say what we hope it may be able to offer to those who read it. Our starting-point was that we had come to feel dissatisfied with the results of presenting labour law in the way in which legal subjects are traditionally presented in textbooks, that is to say as a snapshot of the state of the law at the latest possible moment that the author, publisher, and printer of the book can between them contrive. We hasten to add that this was, on the one hand, a methodology which we had ourselves previously followed, and that, on the other hand, other authors had already on occasion successfully broken free of its constraints. Nevertheless, we perceived that our students were finding it increasingly difficult to arrive at their own snapshot of labour law; given the colossal rate of legislative change from the mid-1960s onwards, and the lack of continuity in labour law in recent years, they seemed to be finding the picture an impossibly kaleidoscopic one, and were accordingly becoming disenchanted with the subject. Moreover, this created the risk that their whole perspective upon the subject would be at variance with our own, with the resulting distortion of the framework of ideas we were seeking to impart to them. They, for example, would tend to form the view that the starting-point for all statutory individual employment law was the Employment Protection (Consolidation) Act 1978; we would find it difficult to convey the sense of the number of layers of historical development which were compressed into what was, for our students, a single instantaneous point of departure. Hence we embarked upon an initially unambitious project of narrating the legislative history of labour law in the post-war period. That period was chosen because we quickly came to the view that the period of active labour legislation from 1963 onwards could not satisfactorily be described without going back to the end of the Second World War, and finding our starting-point in the post-war resumption of civilian life and laws in industrial society.
Collective Laissez-Faire
Authors: Davies Paul , Freedland Mark 
Published: October 2023

Abstract
In this chapter we analyse the theory dominant in the early post-war period as to the appropriate government policy towards labour law. This theory is associated strongly with the writings of Otto Kahn-Freund, who in the 1950s sought to explain the relationship between the law and the system of industrial relations. His writings of the period were highly influential, on both a descriptive and a prescriptive level. Although his analysis deals with the relationship between the legal system as a whole—and not just statute law—and the industrial relations system, a major part of his task as he saw it was to explain both the paucity of statutory regulation of industrial relations and employment relationships and the reasons for the limited interventions that had occurred. We shall, therefore, as a starting-point for our own account, seek to provide a critical analysis of Kahn-Freund’s position, emphasizing in particular his views about the role of statute law, and then move on to the task of making a preliminary assessment of the pressure which developed in the post-war period and which rendered his analysis untenable, even in his own eyes.