bluuebunny/crossref_metadata_2025_split huggingface dataset:
Introduction
Authors: Cardwell Michael 
Published: November 2023

Abstract
The milk quota system has now heen in place for over a decade and, under the current legislation, is to endure until the year 2000. Over time it has become established as a cornerstone of the dairy sector of the Common Agricultural Policy: and, indeed, the absence of a quota effectively precludes farmers from operating in that sector. None the less, milk quotas remain an elusive and esoteric subject, such characteristics being in part attributable to the highly detailed and, on occasion, highly technical regulatory framework. Moreover, there is frequently an uneasy match between Community law and national law. this difficulty being perhaps most pronounced in the application of Community provisions to landlord and tenant relationships.
A Kind Of Esperanto?
Authors: Steyn Johan 
Published: November 2023

Abstract
There is bound to be some hostility among English lawyers to the ratification of the U.N. Convention on Contracts for the International Sale of Goods, 1980. Such hostility is not simply the result of the conservatism of those who practise law: it is an aversion to what are conceived to be impractical and theoretical solutions offered in the name of misguided internationalism. Anthony Trollope explained this inclination of English lawyers in Orley Farm through the views of an experienced barrister of Lincoln’s Inn.
Innovations in Contract: An English Perspective
Authors: Beatson J 
Published: November 2023

Abstract
In 1983, in his Maccabean Lecture, Lord Goff said that the process of legal development should be a gradual development from the identification of specific heads of recovery to the identification and closer definition of the limits to a generalised right of recovery; a search for principle. This paper seeks to consider how well the English law of contract has been served by the incremental approach taken, in particular by the House of Lords. Although there are, as will be seen, notable counter examples, a case can be made for saying that the overall trend in the contract law of the 1980’s has been to move towards greater certainty. The late Professor Corbin, who stated that ‘certainty in the law is largely an illusion at best and altogether too high a price may be paid in the efforts to attain it”,would not have approved. The question is whether English law has achieved a reasonable balance between certainty and predictability and fairness in individual cases. Has English law’s tradition of providing practical solutions to demonstrated problems meant that, on occasion, it has lost sight of the goal of a general principle? Is it willing rigorously to re-examine its rules when it appears that the reasonable expectations of honest people are not being protected? Is it sufficiently concerned with ensuring that the law reflects the standards of behaviour expected by the public in the modern world; standards that are expected to be in a number of respects higher than in the past? What follows is not intended to be an exhaustive exposition and it may raise more questions than it answers.
Economic, Social, Cultural, Political, and Residence Rights
Authors: Cholewinski Ryszard 
Published: November 2023

Abstract
The degree to which the economic and social rights of migrant workers and their families are protected in European states of employment very much depends on whether EC freedom of movement applies. This freedom is accompanied by a series of wide-ranging economic and social entitlements. COE instruments, however, are less effective in safeguarding the economic and social rights of migrants. In particular, rights which affect state sovereign controls regarding the domestic labour market and immigration, such as access to employment and family reunion, and which are commonly subject to significant restrictions by countries of employment, are also the focus of numerous qualifications under COE instruments.
Self-induced Incapacity, Mental Disorder, and the Doctrine of Fault
Authors: Mackay R d. 
Published: November 2023

Abstract
The purpose of this Chapter is to discuss the relevance of intoxication to mental disorder and the attitude of the law towards defendants who seek to use some form of self-induced incapacity as a defence to a criminal charge. This in turn calls for consideration of the doctrine of ‘fault liabil ity’ which the courts have developed in order to ensure that not all such incapacitated defendants necessarily escape penal sanctions. Although the major legal developments within this area have naturally enough concerned alcohol and other forms of drugs taken for the purposes of intoxication, the courts have also had to deal with cases where incapacity can be traced to other factors, which in turn have required a different policy analysis. Further, the judiciary have been willing to permit their attitude towards self-induced intoxication to affect their reasoning towards the availability of other defences, a point which tends to have been neglected in legal analysis within this area. It is now proposed to address each of these topics within the broad context of fault liability. Before doing so however, it may be useful to say something about the effect which consumption of alcohol and/or drugs may have on individuals.
Conclusion
Authors: Röver Jan-Hendrik 
Published: November 2023

Abstract
If contract law was the favourite subject of comparative lawyers from the 1950s, security law has joined the ranks of the favourite subjects of studies and international reform efforts since the early 1990s. This was supported by two factors: first, the fundamental importance of security in lending transactions and thus for the economy at large; second, the difficulty of creating effective security due to (a) outdated national laws and (b) the fact that national limitations on the scope of security interests in cross-border situations demanded action at both national and international level.
Following
Authors: Smith Lionel D 
Published: November 2023

Abstract
In Chapter One the distinction between following and tracing was introduced. Tracing involves the identification of value in changed forms; it defines when it is possible to say that a substituted asset takes the place of another asset, in a sense which carries with it certain legal consequences. Following is a simpler matter; it concerns the identification of a thing in an unchanged form. It is the process of identifying a thing at one point in time with the same thing at an earlier point in time. When some thing is exchanged for another thing, it is the subject matter of a substitution.
Tracing Rules III: Special Problems
Authors: Smith Lionel D 
Published: November 2023

Abstract
This chapter addresses three special problems which are encountered in tracing. The first is called ‘tracing in transit’. As a matter of legal analysis, it is no different from what has been discussed in the last three chapters. It is rather a discussion of tracing and following in particular factual con texts. The second section addresses the business of proving the substitutions through which value is traced. Tracing value is like, for example, proving the formation of a contract; certain facts must be demonstrated, from which certain legal conclusions flow. The facts to be demonstrated are substitutions; the matter for discussion is how substitutions are proved, and who bears the burden of proving them.
Election and Defences
Authors: Smith Lionel D 
Published: November 2023

Abstract
In this final chapter, two areas are addressed, each with two sub-divisions. It has been suggested above that the mechanism of election is important in the making of claims to traceable proceeds. The first part of this chapter examines two kinds of election: that between personal and proprietary rights, and that between proprietary rights in different assets. The second part of this chapter considers defences to claims based on tracing. It does not purport to address every defence which could be relevant. It examines only two, which are especially relevant in this context: the defence of change of position, and the defence of bona fide purchase.
The Locus Standi of Non-Privileged Applicants to Challenge Measures in the Form of Decisions
Authors: Albors-Llorens Albertina 
Published: November 2023

Abstract
The object of this Chapter is to study the position of natural and legal persons who are non-addressees and who wish to obtain the annulment of a decision of the Council or the Commission,1 and, in particular, to ascertain the meaning of the terms ‘direct and individual concern’. These notions were not defined in the Treaty, and therefore it was for the European Court to make them meaningful through its case law. As a consequence, the core of this Chapter will be the study of such development in case law. First, however, we will survey briefly the locus standi conditions attached to the actions to obtain the review of the legality of administrative acts in the various Member States and those attached to annulment proceedings under the ECSC Treaty.2 Although it is true that the influence of the national legal systems must not be overestimated,3 given the autonomy of the Community legal system, it is also undeniable that they serve as a very helpful guide to the interpretation of the ratiolegis underlying the EC Treaty.
Preliminary Rulings on Validity
Authors: Albors-Llorens Albertina 
Published: November 2023

Abstract
As well as fulfilling the purpose of preserving the uniformity of Community law throughout the Community and of ensuring co-operation between the national courts and the European Court of Justice, the system of preliminary rulings offers an alternative route for the challenge of illegal action by the Community institutions.1 All three Community Treaties contemplate the possibility of obtaining a review of the validity of Community acts by means of preliminary rulings delivered by the European Court.2 Thus, once a Community measure (e.g. an agricultural regulation) has been implemented by the national author ities, a private party may challenge the national measure before the national court, which may, in turn, refer a question about the validity of the Community measure to the European Court. Under Article 177(1)(b) of the EC Treaty,3 the European Court of Justice of the European Communities has jurisdiction to give preliminary rulings relating to ‘the validity and interpretation of acts of the Institutions of the Community and of the European Central Bank’.4 Article 41 ECSC Treaty gives jurisdiction to the European Court to deliver preliminary rulings on the validity of acts of the Commission and the Council ‘where such validity is in issue in proceedings brought before a national court or tribunal’.
The Protection of Commercial Interests Under the European Convention on Human Rights
Authors: Duffy Peter 
Published: November 2023

Abstract
It is a particular pleasure to have been invited to contribute on this topic in honour of Professor Roy Goode. Roy Goode’s standing in his chosen field of commercial law is deservedly outstanding. His contributions to scholar ship, particularly his book on commercial law, are magisterial. He has made very significant public service contributions in particular to the Committees on consumer credit and pensions. He has also shown remarkable dedication to the universities that he has served over the years. As a junior colleague at Queen Mary College nearly 20 years ago, I well recall how he conceived of a privately-funded centre of excellence in commercial law when such a proposal was a pioneering innovation. With characteristic drive, charm and insistence, Roy Goode brought that Centre into being very successfully. In addition to all these achievements, throughout he has been a fine teacher and research supervisor, held in high regard by those who had the good fortune to pass through his hands. He is also a thoroughly pleasant colleague.
Caseflow Management in the Trial Court
Authors: Scott I R 
Published: November 2023

Abstract
It is sometimes said that converts are more zealous than those brought up in the faith. Zealots cause alarm, even in the breasts of the devout. They disturb believers by forcing them to re-examine the depths of their own faith; further, they are not easily distinguished from misguided fanatics. It is not disrespectful to say that Lord Woolf is a convert to case flow management (CFM). His zeal for CFM, exhibited in every chapter of his Interim Report, is strikingly apparent. Indeed, without exaggeration it can be said that CFM is the linch-pin of the whole of the Report. Court control of case progress is the basic principle of CFM. Of all the many proposals put forward none is more important than the recommendation that there should be ‘a fundamental transfer in the responsibility for the management of civil litigation from litigants and their legal advisers to the courts’.
‘The Rational Study of Law’: Social Research and Access to Justice
Authors: Cranston Ross 
Published: November 2023

Abstract
In an ideal world of making public policy, problems and objectives would be clearly defined, options rigorously canvassed and calculated choices made. In the real world this is a counsel of perfection; rationality must be pursued under severe constraints. Not only does one never start with a blank sheet but resources are limited (time being one of the most important); the problem as opposed to its symptoms may not be immediately identifiable; there are opposing interests which close off certain lines of inquiry and outcome; and values might be contested and a trade off necessary.
Discovery in Commercial Litigation
Authors: Mackie David 
Published: November 2023

Abstract
1.1. Commercial cases are in many ways less important than those involving crime, children or people’s homes. The impact on the community of commercial cases is however wider than the benefit to the balance of payments. Commercial cases, tried not only in the Commercial Court but also elsewhere in the High Court and in the County Court, daily affect and blight the careers of ordinary people, determine whether or not businesses and sometimes whole industries are to survive, factories and oil fields to remain open and communities to flourish. One aspect of the unacceptable increase in the cost of commercial litigation has been the effect of discovery of documents.
Why Public Law is Private Law: An Invitation to Lord Woolf
Authors: Harlow Carol 
Published: November 2023

Abstract
The Civil Justice Review of 1988 made two assumptions about public law proceedings, the first being that public law cases would continue to be dealt with by the High Court, the second that public law (Order 53) procedures fell outside its remit. In arriving at this conclusion—agreed, we are told, ‘on consultation’, though no further reasons are given—the Review left untouched some very real deficiencies in judicial review procedure. To quote Professor Wade, the defects of Order 53 procedure were (and remain) ‘mainly those of an elaborate legal system—procedural complexity, cost and delay of litigation and the strain on limited judicial resources’. Since that date, judicial review procedures have been subjected to a separate review by the Law Commission which did not simply assume that public law proceedings should remain with the High Court but explored alternative options.
Tackling Systemic Risk on Markets: Barings and Beyond
Authors: Whittaker Andrew M 
Published: November 2023

Abstract
In these comments, I plan to focus on one particular area of regulatory endeavour-protection against systemic risk affecting markets-and how it is being addressed as part of the follow-up to the Barings case. This will help us to consider how far what is being done internationally in that con text can be described under the headings ‘co-operation’ and ‘convergence’, and how far it could be said to indicate something more, which might be described, perhaps rather grandly, as the beginnings of the emergence of a world regulatory order.
Democracy and Constitutionalism: The Role of Constitutional Interpretation
Authors: Davis Dennis , Chaskalson Matthew , Waal Johan De 
Published: November 2023

Abstract
Constitutionalism has finally been placed on the South African political agenda. In itself, this could produce a legal revolution. To date South African public law has been dominated by English antecedence, both in its structure and content. The British colonization of the Cape in the eighteenth century resulted in a dominance of English legal tradition such that the South African legal profession, both academic and practising, adopted an almost slavish adherence to Anglocentric legal traditions and concepts. Dicey became the jurisprudential source of South African constitutional law and it was his concept of the rule of law which constituted the yardstick by which to test the democratic nature of the principles and content of South African public law.
Administrative Justice
Authors: Corder Hugh 
Published: November 2023

Abstract
This chapter is concerned with control over executive power through the Constitution. Few lawyers or political commentators in the late twentieth century would deny that the growth of executive power ranks with the development of the constitutionalisation of human rights as one of the two most important features of government during the last fifty years. The origins of and reasons for this expansion of the power of one branch of government, chiefly at the expense of the legislature, are many and varied1 and need not detain us here. We need only recognize the fact that most modem governments rely to a great degree for the effective execution of their policies on a large and powerful public administration, acting often in a discretionary manner.
From Platform Rhetoric to Enforceable Law
Authors: Windlesham Lord 
Published: November 2023

Abstract
Although there were some strongly expressed objections of principle to the concept of the secure training order, the controversy was dominated by arguments based on practical experience. The second topic which preoccupied Parliament, and the House of Lords in particular, during the spring and summer of 1994 was the Government’s intention to modify the right of silence. To some, although not all, of those most familiar with the process of justice the proposal was seen as coming close to encroaching upon one of the most cherished of principles underlying criminal law and procedure: the presumption that in a contested trial the accused is innocent until found guilty by a jury. In Michael Howard’s catalogue of pledges unveiled at Blackpool the previous October, none had been applauded more fervently than his emphatic declaration that the ‘so called right to silence’ would be abolished.
The Common Market and National Regulation
Authors: Ziegler Andreas R 
Published: November 2023

Abstract
The common market is one of the main means available to the Community for the promotion of its objectives. The protection of the environment at a high level has to be taken into consideration in the establishment of the common market. The common market relies on different elements: the four economic freedoms, a system ensuring undistorted competition, and the approximation of laws to the extent required for the functioning of the common market. In the field of com petition the Community has established a system which tries to avoid the reconstruction of abolished state trade barriers by private undertakings. The underlying concepts of the Treaty provisions concerning the establishment of the common market have important effects on domestic environmental policy.
The Environment-related Policy of the Community
Authors: Ziegler Andreas R 
Published: November 2023

Abstract
At the moment of its creation in 1957, the European Community was conceived of as a mainly economic organization. The original Treaty of Rome did not include the protection of the environment as a Community objective or an element of Community policy. Nevertheless, the establishment of the common market soon led to an urgent need for co-ordination between environmental protection and the intended elimination of obstacles to trade and national differences distorting competition. The first ‘environmental measures’ of the Community were adopted under the rubric of elimination of trade-hindering national standards. From the late 1960s until the middle of the 1980s the Community provisions for the harmonization of laws for the establishment of the common market were also used for the protection of the environment.
Authorised Services
Authors: Bursell Rupert D H 
Published: November 2023

Abstract
Forms of service are now primarily governed by the Church of England (Worship and Doctrine) Measure 1974, and Canons made thereunder. Only the Book of Common Prayer and other forms of service authorised under Canon B 1 may lawfully be used. Forms of service may in particular circumstances be authorised by the General Synod, Convocations, archbishops. diocesan bishops and ministers having the cure of souls.
The rigorist interpretation of the rubrics no longer applies and, unless it is itself a statement of doctrine or indicative of Church order, a rubric is now to be treated as a mere directive.
Resolution, Alteration and Variation
Authors: Bursell Rupert D H 
Published: November 2023

Abstract
A bishop cannot release from the application of the rubrics but he may resolve questions of doubt within the ambit of the law. Few alterations. additions or omissions are per mitted to forms of service, although in rare circumstances reliance may be placed on the doctrine of necessity.
Trifling deviations from the forms of service are disregarded by the law. ln addition Canon B 1. para. 1, permits the minister conducting a service to use variations which arc not of substantial importance according to particular circumstances; such variations must be reverent and seemly and may not be contrary to the doctrine of the Church of England in any essential matter.
Funerals
Authors: Bursell Rupert D H 
Published: November 2023

Abstract
It is the duty of every minister in all matters to observe the law from time to time in force in relation to the burial of the dead. By reason of Canon B 38, para. 2:
It shall be the duty of every minister to bury, according to the rites of the Church of Englaruf, the corpse or ashes of any person deceased within his cure or of any parishioners or persons whose names are entered on the elec toral roll of his parish whether deceased within his cure or elsewhere that is brought to a church or burial ground or cemetery under his control in which the burial or interment of such corpse or ashes may lawfully be effected, due notice being given; except the person deceased have died unbaptised, or being of unsound mind have laid violent hands upon himself, or have been declared excommunicate for some grievous and notorious crime and no man to testify to his repentance; in which case and in any other case at the request of the relative, friend, or legal representative having charge of or being responsible for the burial he shall use at the burial such service as may be prescribed or approved by the Ordinary, being a service neither contrary to, nor indicative of any departure from, the doctrine of the Church of England in any essential matter: Provided that, if a form of service available for the burial of suicides is approved by the General Synod under Canon B 2, that service shall be used where applicable instead of the aforesaid service prescribed or approved by the Ordinary, unless the person having charge or being responsible for the burial otherwise requests.
Introduction
Authors: Bowling Benjamin 
Published: November 2023

Abstract
People differ about Quality, not because Quality is different, but because people are different in terms of experience… to take that which has caused us to create the world and include it within the world we have created, is clearly impossible. That is why Quality cannot he defined. If we do define it we arc defining something less than Quality itself [Pirsig, 1974: 244—5].)