bluuebunny/crossref_metadata_2025_split huggingface dataset:
Contracts in Relation to the Exploitation of Intellectual Property Rights: The Applicable Law
Authors: Fawcett James J , Torremans Paul 
Published: October 2023

Abstract
In this chapter, we are concerned with contracts in relation to the exploitation of intellectual property rights. These contracts take various forms, such as, for example, licences and assignments, on the one hand, and more complex forms, such as distribution contracts and transfer of technology agreements, that involve more than a simple transfer of intellectual property rights, on the other hand. We do not propose however to deal separately with each of these types of contract, as they all have in common the fact that they involve a transfer of certain rights to do certain acts which would otherwise have constituted an infringement of the intellectual property right in question.
Complementary Torts and Other Causes of Action: The Applicable Law
Authors: Fawcett James J , Torremans Paul 
Published: October 2023

Abstract
It has already been seen, in the context of jurisdiction, that English substantive law provides a number of different causes of action which are complementary to infringement. These include the torts of passing-off, malicious falsehood, defamation, and causes of action which are more difficult to classify, namely actions for breach of competition rules and breach of confidence. Some other countries provide wider protection, with causes of action in unfair competition, delict or anti-trust. These differences in the substantive law, inevitably, raise questions as to the applicable law.
Research on the Impact of Libel Law
Authors: Barendt Eric , Lustgarten Laurence , Norrie Kenneth , Stephenson Hugh 
Published: October 2023

Abstract
This Chapter outlines in general terms the objects of our research and our research methods. It also presents our findings on the incidence of libel actions against the media, drawn from research on the numbers of cases set down for trial in the Royal Courts of Justice. Some other statistical information taken from the annual Judicial Statistics issued by the Lord Chancellor’s Department is summarized.
The Scottish Media
Authors: Barendt Eric , Lustgarten Laurence , Norrie Kenneth , Stephenson Hugh 
Published: October 2023

Abstract
The research methodology adopted in relation to the media in Scotland was a little different from that used in England for a number of reasons. First, the population served by the Scottish media is significantly smaller, which itself means that the number of claims for defamation made will also be significantly smaller: the statistical information gathered was, therefore, too limited to draw from it any useful general conclusions. Secondly, again as a result of the small size of the jurisdiction, it was considered appropriate to look at a broad cross-section of the media rather than to separate out the different forms, as has been done in the English chapters. Thirdly, much of the media output disseminated in Scotland comes from England, where the individual organization’s policies are set and where the legal risks are assessed (not always accurately, as shown in the related field of election law when in May 1995 the Court of Session interdicted the BBC from broadcasting within Scotland three days before the Scottish local elections a Panorama interview with the Prime Minister).
Praising the Professors: Commercial Law and the LSE*
Authors: Cranston Ross 
Published: October 2023

Abstract
Commercial law was, I think, of central importance for the development of legal studies in this country, and for the particular part the LSE was destined to p)ay in that development. Commercial law at the LSE began with the School’s foundation. A range of notable lawyers have been involved over the last century, including the doyen of LSE law teachers, Sir Otto Kahn-Freund. Their teaching, writings and other activities provide a springboard for reflection on a variety of issues. Some relate to the definition of, and approach to, the subject itself.
Legal Analysis as Institutional Imagination*
Authors: Unger Roberto Mangabeira 
Published: October 2023

Abstract
Legal analysis can become a master tool of institutional imagination in a democratic society. To see why and how it can serve this purpose we must begin by understanding what is most distinctive about Jaw and legal thought in the contemporary industrial democracies. In this effort no contrast is more revealing than the comparison of the substantive law and legal methods of today with the project of nineteenth-century legal science and the law of nineteenth-century commercial economies.
The European Community And The Uruguay Round Agreements
Authors: Jackson John H , Sykes Alan O 
Published: October 2023

Abstract
Controversy and confusion reign with regard to the competence and conduct of the European Community in the field of international economic relations. Within and without Europe, questions surrounding the Community’s competence and conduct cause a pervasive feeling of bewilderment. The fact that both the Community and all the Member States of the European Union have joined the newly established World Trade Organization, the forum par excellence for negotiations on international economic relations, has certainly added to the potential for bewilderment. This chapter is meant to achieve a greater understanding of the internal rules and processes by which the European Community undertakes international commitments in the field of economic relations.
The Uruguay Round Agreements: Constitutional And Legal Aspects Of Their Implementation In Costa Rica
Authors: Echandi* Roberto 
Published: October 2023

Abstract
If one studies the implementation of the Uruguay Round Agreements in Costa Rica, two aspects immediately attract attention. One is the readiness of the Costa Rican legal system to incorporate international law prescrip tions into the domestic order, and the existence of effective legal means by which individuals and moral entities can seek the enforcement of those prescriptions. The other aspect, and one more directly related to the result of the General Agreement on Tariffs and Trade multilateral trade negotiations which concluded in 1994, is the straightforward approval the Uruguay Round Agreements were given by the Costa Rican Legislative Assembly. As this chapter will explain, it took only one session (approximately forty minutes long) for the Special Congressional Commission dealing with bilateral and multilateral trade matters to recommend approval of the Uruguay Round Agreements. Further, on the floor of the Congress, the agreements won virtually unanimous approval.
The Position of Courts in the Legal System
Authors: Luhmann Niklas 
Published: October 2023

Abstract
General observations influenced by systems theory and empirical research both suggest that the differentiation of a system requires an internal differentiation, which is developing at the same time as the system itself develops. The differentiation of a social system founded on communication could have been made possible only, and even in its most primitive beginnings (and before any segmental formation of families), if there was a possibility of distinguishing between the interactions of people who were present and society at large. This means that the social relevance of what happens with those who are absent has to be taken into account in the interaction, which can be done only selectively.
Legal Argumentation
Authors: Luhmann Niklas 
Published: October 2023

Abstract
Argumentation is another form with two sides. The issue here, of course, is not the difference between good arguments and bad, between more convincing arguments and less convincing arguments, for they are already arguments. In order to understand argumentation it is important, first of all, to see what arguments cannot achieve and what they do not cause. And that is: to alter the symbol of validity of law. Unlike statutes or valid judicial decisions or contracts or wills, arguments cannot change the law, or implement new rights or duties and thereby create conditions, which in turn can be changed. The fact that arguments cannot change the law takes the burden off argumentation and frees it up to achieve a different kind of discipline. At the same time dependence on legal validity is also a precondition for limiting legal argumentation exclusively to law, which has been filtered by law, and for preventing legal arguments from being derailed by moral or other prejudices.
The Self-description of the Legal System
Authors: Luhmann Niklas 
Published: October 2023

Abstract
All efforts to know and understand the law are made in society. They are tied and remain tied to communication, and thus also to language. This was the presupposition of the preceding chapters, for they also had to use language. This reference to language addresses an issue that has not always been taken seriously enough in legal theory. It implies that all communication in legal theory is historically conditioned. Legal theory must make itself understood under its given social conditions. It is legal theory’s object, law, but also legal theory itself, that varies with the structures to which societies subject their communication about law. Nowadays, for instance, we cannot ignore the fact that we look back on a long legal history. This means that any contemporary legal theory which tries to explain the nature of law must demonstrate a remarkable abstraction encompassing epochs and societies and at the same time an understanding of historical variety, including the relatively recent requirement of abstraction itself.
Society and its Law
Authors: Luhmann Niklas 
Published: October 2023

Abstract
The relationship between the legal system and the social system is the theme of this book. The reflexion (self-observation) and the non-reflexion of this relation in society’s legal system was the topic of a chapter in its own right. If we devote yet another chapter to this question, at the end of our considerations, it is not with the intention of repeating the same arguments, but because in the discussion so far we have left open the question of which concept of society we propose and what follows from it for the analysis of the relation between society and law. We know that the law operates in society, performs society, fulfils a social function, and has been differentiated to fulfil this function by its autopoietic reproduction. At any rate that is what the theory says, and thus what has been proposed here. However, it should also be asked how a society in which all that happens can be understood.
Violent Racism: Victimization, Policing and Social Context
Authors: Bowling Benjamin 
Published: October 2023

Abstract
Using a detailed case study of an area of East London, this book documents the everyday abuse, assault and intimidation that is suffered by ethnic minorities in Great Britain. The author explains and analyses the process through which violence is targeted at these minorities, along with the role that the ideas and language of racial exclusion take in this process. The apparent failure of the police and "multi-agency initiatives" to respond effectively to this problem is then looked at in depth. This book is based on detailed analysis of official documents, a victimisation survey, interviews and direct observation, seen in the overall context of the history of race relations in Britain. It describes some of the many thousands of racist attacks that have occurred in recent years and the events in the last two decades that have shaped English racism and the political and policy responses to it.
International Human Rights Treaty Law and Related Instruments Relevant to Child Civilians in Armed Conflict
Authors: Kuper Jenny 
Published: October 2023

Abstract
This Chapter aims to summarise principles of international human rights law which form an integral part of the legal regime applicable to child civilians in situations of armed conflict. It shows that all the major international human rights instruments make provision, to a greater or lesser extent, for the special treatment of children, in the sense of granting them additional protection and assistance. They also affirm the right not to be arbitrarily deprived of life. Further, the human rights instruments specifically concerning children emphasise that the entitlement of children to special treatment must be particularly observed when children are experiencing extreme difficulty or danger, as in situations of armed conflict.
Focusing the Law: What Legal Interpretation is Not
Authors: Stone Martin 
Published: October 2023

Abstract
This essay is about legal judgment-the judgment that focuses, applies, or elaborates the law-but it also touches on a cluster of related issues: the indeterminacy of rules, the ‘politics of interpretation’, and the misuse of Wittgenstein in recent legal theory. My starting-point is a tension that is discernible in many contemporary theoretical discussions of law and legal judgment. Simply put, a great deal of contemporary legal theory finds itself in resistance to the commonplace. It tries to re-describe the law by means of a rhetoric borrowed from other disciplines but foreign to the materials closest to the lawyer’s experience. Its aim is to go behind the law’s own conception of itself. In American jurisprudence, with its legacy of ‘legal realism’, legal judgment has been a main target of such ‘demystification’, as emerges, for example, in the following remark from Edward Levi’s An Introduction to Legal Reasoning.
lntetpretation Without Retrieval
Authors: Raz Joseph 
Published: October 2023

Abstract
When interpreting we explain, show, or display the meaning of the object of interpretation (‘the original’, as I will refer to it). Interpretation is therefore often thought to be retrieval, a process of retrieving and elucidating the meaning the original has. After all, if interpretation is a display or an explanation of the meaning of an original, that original must have meaning to be capable of being interpreted, and interpretation is the retrieval of that meaning, making it plain to those who might be unaware of it. The role of an author’s, or, more generally, a creator’s intention in interpretation is closely connected with the retrieval picture. If interpretation is retrieval it is often tempting to think that the only thing there to retrieve is the intention of the creator.
Tbree Concepts of Objectivity
Authors: Marmor Andrei 
Published: October 2023

Abstract
This essay is about the concept of objectivity and its possible roles in the interpretation of works of art. ‘Objectivity’, however, is one of those notions philosophy students are well advised to avoid in their essays. There is very little agreement on what it means, and there is a great deal of confusion about its different and often conflicting uses. This may sound puzzling, and perhaps it is; however, unlike philosophical concepts such as ‘realism’ and ‘cognitivism’, which have received extensive philosophical attention in the last two or three decades, the concept(s) of objectivity has been left pretty much in the lurch. Consequently, any discussion of the objectivity or subjectivity of a certain realm must begin with a clarification of what one means by these terms. I shall begin with an outline of the distinction between three different concepts of objectivity which, I will suggest, are philosophically useful Once the boundaries between these different uses of objectivity are clearly drawn, we shall be able to see that there are several aspects of interpretation which can be characterized as ‘objective’ or ‘subjective’ in a rather non-controversial manner; that is, depending on the kind of ‘objectivity’ ascribed. Other aspects of the objectivity of interpretation, however, remain genuinely controversial, and I will try to add a few drops of my own to this ocean of philosophical literature. I will have nothing directly to say, however, about legal interpretation; my main concern will be with interpretation in the realm of the arts.
Interpreting Authorities
Authors: Hurd Heidi M 
Published: October 2023

Abstract
Despite its attempted exorcism, legal interpretation is haunted by intentionalism. This has puzzled those who have considered themselves successful in demonstrating the conceptual and normative indefensibility of intentionalist interpretation. In this chapter, I shall argue that the persistent spectre of intentionalism should come as no surprise to legal theorists whose battles with intentionalism have been fought in the shadow of traditional conceptions of the law’s authority. For as long as the law is accorded the sort of authority that it has historically claimed, intentionalism will necessarily be accorded the sort of respect that it does not deserve.
Interpreting Official Speech
Authors: Dan-Cohen Meir 
Published: October 2023

Abstract
My starting-point is a narrow but persisting problem: the role, if any, of legislative intent in statutory interpretation. But though this is my starting-point, it is not my main target. My aim is instead to identify and characterize a wider category of speech-I call it official speech-of which legislation forms just one part. Placing the interpretation of statutes in such a broader context puts the ongoing debate in a new light. The contribution is, however, not in the form of added ammunition to one of the contending parties. Rather, my analysis will take us outside that debate, revealing a layer of normative considerations not usually addressed in the current discussion. They concern the ways in which different strands in our interpretive practices help construct various social roles-specifically the role of ‘official’and the selves that occupy those roles.
The Fate of the Civil Jury in Late-Victorian England: Malicious Prosecution as a Test Case
Authors: Getzler* Joshua 
Published: October 2023

Abstract
The history of the criminal law in Victorian England can be portrayed as a struggle between judge and jury over who can best assess the moral culpability of the defendant. Judges mistrusted the instincts of a jury, especially in the more lurid cases;1 but the ancient principle that life and liberty should depend on the verdict of one’s peers remained unchallenged.
The Seventh Amendment Right to Jury Trial: Late-Eighteenth-Century Practice Reconsidered
Authors: Oldham James 
Published: October 2023

Abstract
In the United States trial by jury, however controversial in application, remains a treasured part of most citizens’ concept of liberty. Everyone is familiar with the safeguards that trial by jury supplies to criminal defend ants. Nearly everyone knows that the right to a jury trial also applies to civil cases, although it can be waived. The source of the right in civil cases in federal courts is the Seventh Amendment, and in state courts the right is preserved by comparable provisions of state constitutions.
The Author’s Surrogate: the Genesis of British Copyright
Authors: Cornish W R 
Published: October 2023

Abstract
On both sides of the Atlantic Brian Simpson has done much to wean legal historians away from too great a dependence on theory. This brief appreciation of writings about the origins of modern copyright law is permeated by that teaching. So it is offered as a small tribute to his richly individual contribution to our knowledge of how our legal systems developed in the common law tradition, above all in the period since industrialization.
Human Rights Approaches to Environmental Protection: An Overview
Authors: Anderson* Michael R 
Published: October 2023

Abstract
The late twentieth century has witnessed an unprecedented increase in legal claims for both human rights and environmental goods. Never before have so many people raised so many demands relating to such a wide range of environmental and human matters. And never before have legal remedies stood so squarely in the centre of wider social movements for human and environmental protection. It is likely that legal historians writing in the twenty-first century will look back on the last quarter of this century as the period in which both environmental law and human rights reached a kind of maturity and omnipresence. In recent years law-making activities in these areas, at both the international and domestic level, have been marked not only by speed and proliferation, but also by remarkable innovation.
Environmental Rights in Existing Human Rights Treaties
Authors: Churchill R R 
Published: October 2023

Abstract
The aim of this chapter is modest and straightforward: to see to what extent environmental rights are found in existing human rights treaties. It is thus concerned only with lex lata, and not as in earlier chapters with lex ferenda. By ‘environmental rights’ I mean broadly the right, whether of individuals or a group, to a decent environment; and, more specifically, such rights as the right to be free from excessive pollution of the land. water or air, or pollution from noise, the right to enjoy an unspoilt nature, and the right to enjoy biological diversity.
Access to Environmental Justice and Procedural Rights in International Institutions
Authors: Cameron James , Mackenzie Ruth 
Published: October 2023

Abstract
The recent increased part1c1pat10n of non-governmental organizations (NGOs) in international institutions and agreements has focused attention on the extent to which procedural rights can be used within the international context to pursue substantive environmental protection goals. The United Nations Conference on Environment and Development (UNCED) held in Rio de Janeiro in 1992 recognized that the scope and nature of the problems to be addressed requires the participation of non-governmental actors at all levels of law- and policy-making. This chapter focuses principally not on the substantive rights but on those procedural rights to participate, and how such rights may be exercised at the international level for the protection of the environment.
Social Justice and the Judicial Enforcement of Environmental Rights and Duties
Authors: bois* François du 
Published: October 2023

Abstract
Environmental rights and duties are rapidly maturing into a standard feature of national constitutions.’ Considerable attention has been devoted to the theory of environmental rights and to the most apt constitutional formulation of such rights. The growing international body of case law on environmental rights has, however, created a need-and opportunity-for critical inquiry at a more prosaic level.
Introduction
Authors: Ward Angela 
Published: October 2023

Abstract
The purpose of this book is to critically examine the concepts of ‘individual rights’ and ‘effective judicial protection’ in the European Community legal order, and to assess the viability of their continued deployment to explain, justify and rationalise the far-reaching effects of EC law in the national legal systems of the EU Member States. More particularly, a comparison will be made between avenues for contesting the compatibility of national rules with Community law, and the efficacy of remedies afforded to individuals—or ‘private parties’ as they might otherwise be termed—when they contest the legality of EC legislative measures. Anomalies and inconsistencies permeating these areas in the case law will be teased out to reveal what appears to be a significant fault line in the EC constitutional structure.
Article 234 Validity Review
Authors: Ward Angela 
Published: October 2023

Abstract
Article 234 (Art l77) of the EC Treaty elaborates a system of collateral review of Community measures, independently of the procedure supplied by Article 230(4) (Art 173(4)). Under this mechanism, individuals are vested with the right to challenge the validity of Community measures in disputes unfolding at the domestic level. If the question of the validity of a Community measure arises in a domestic legal dispute, Member State tribunals may, and sometimes must, refer questions to the Court of Justice on the validity of relevant EC measures, irrespective of the expiry of the time-limit supplied under Article 230. 1