bluuebunny/crossref_metadata_2025_split huggingface dataset:
A Legal System and Its Environment
Authors: Ost Michel Van De Kerchove François , Stewart Iain 
Published: October 2023

Abstract
After tracing in Chapter I the main outlines of the general problematic of systems, we examined in Chapter 2 the constitutive elements of legal systems and in Chapter 3 the variety of relations that structure them. We have now to explore the peripheries of systems, investigating their environment. New and important questions arise, whose solutions will particularly help to clarify some of the problems dealt with earlier. Are legal systems dosed or open? Are they self-or hetero-regulated? Do they maintain relations with other normative systems and, particularly, other legal systems? Each of these questions is widely de bated. We shall therefore begin by summarizing, in a first section, a radical idea proposed by Luhmann: the conception of a legal system as autopoietic, that is, as a system that is not only self-organized but even self-produced. We shall propose to substitute for this extreme view the conception of law as a game-a model already employed in the preceding chapter. As a game of order and disorder, determinism and indeterminism, a legal system appears to be endowed with a ‘relative autonomy’ in relation to society. This relative autonomy is undoubtedly the necessary condition for a legal order’s exercise of the functions peculiar to it. Those functions will be reviewed in a second section. However, since law never acts in a ‘social void’, the effectiveness of its interventions will depend on its mode of articulation to society. In a third section we shall study the interchanges between legal system and social order and there we shall bring out the concept of ‘infra-law (infra-droit)’. This theme will be continued in a fourth section with a discussion of legal change in its various relations to social change. Then, in fifth and sixth sections, we shall try to unravel the complex tangle of relations woven between legal systems and other normative systems, as well as between the various legal orders.
Cultural Rights as Peoples’ Rights 1n International Law
Authors: Prott Lyndel V 
Published: October 2023

Abstract
It is essential, in this field, to make it absolutely clear exactly what is being discussed. When one talks about peoples’ rights, one can mean one of several very different things. One might mean peoples’ moral claims. One might mean peoples’ rights as established and recognized in law, and this would involve the weighing up of evidence as to whether they are so established or not. Or one might mean, how far can such moral claims be established in law: what is their content? are they clear? do they meet the prerequisites for efficient enforcement by the legal system? In this sort of discussion lawyers have a great deal to contribute, since it is their constant effort to clarify and define. Moreover, this task is.. essential, if the rights asserted are to be given legal form and enforced. It is to this discussion this paper is directed.
Some Ethical Considerations on Field-Work with the Police
Authors: Norris* Clive 
Published: October 2023

Abstract
In the context of ethnography the debate about the ethics of social research has focused predominately on the issue of the morality of covert participant observation (Bulmer, 1982). In this chapter, by contrast, I want to consider some of the ethical implications of overt field-research, since it is this methodology which is more typical of the ethnographic enterprise. In particular, I want to consider, in the context of my own research on police culture, some of the dilemmas posed when the researcher is faced with direct evidence of m1sconduct by those he or she is researching.
Racism, Sexuality, and the Process of Ethnographic Research
Authors: Ackers* H L 
Published: October 2023

Abstract
This chapter is essentially concerned with reflections on my experiences of ethnographic research as a feminist. The research itself was neither consciously feminist nor primarily concerned with women’s experiences. It was a study of racism and political marginalization in Britain and focused upon institutional racism within the Labour Party. In practice, much of the research took place in predominantly male contexts. Reflecting on this scenario some five years later, from a feminist perspective, reveals the determining influence of gender and sexuality throughout the research process from its inception to its conclusion.
Foreign Law in English Courts
Authors: Fentiman Richard 
Published: October 2023

Abstract
How foreign law is established, and whether it must be relied upon at all, are central issues in private international law, with important implications in principle and in practice. Whether litigants are free to ignore the foreign elements in a dispute goes to the heart of the conflicts process, and without effective means to establish the content of foreign law the object of that process is undermined. The cost and unpredictability of establishing foreign law also have an important impact on litigation, affecting the parties’ choice of forum, and how cases are argued and decided. This book, the first detailed examination of the topic in English law, is an account of the pleading and proof of foreign law from an English perspective, which also places the law in a comparative context, and considers options for reform. It provides a practical guide to the subject, but also presents the conflicts process in a way which is both novel and illuminating. Recognized as the leading account of the subject, this book is the first point of reference for both scholars and practitioners. It is frequently cited with approval in the courts, in England and elsewhere, notably in leading cases such as MCC v Bishopsgate Investments (1998, Court of Appeal), Shaker v Al Bedrawi (Court of Appeal, 2002), and Neilson v Overseas Projects Corporation (High Court of Australia, 2005).
Party Choice and Foreign Law
Authors: Fentiman Richard 
Published: October 2023

Abstract
It is often said that the pleading and proof of foreign law are voluntary. Foreign laws are facts in English doctrine and the pleading and proof of facts are at the parties’ motion.1 This chapter and the next are concerned with the scope of that principle, and with the extent to which the pleading and proof of foreign law are truly within the parties’ untrammelled con trol. The present chapter identifies several situations in which the applica tion of foreign law is required, and in which the content of foreign law must therefore be established. Chapter IV develops the theme by address ing several matters concerned specifically with the proof of foreign law.
Judge Without Jury
Authors: Jackson John , Doran Sean 
Published: October 2023

Abstract
Cases connected with the troubles in Northern Ireland have been tried by a judge sitting without a jury in `Diplock Courts'. Given the symbolic importance of the jury within the common law tradition, this study offers the first systematic comparison of the process of trial by judge alone with that of trial by jury. The authors determine the impact of the replacement of jury trial with trial by a professional judge on the adversarial character of the criminal trial process.
The Future of Judging Without Jury
Authors: Jackson John , Doran Sean 
Published: October 2023

Abstract
Responses evoked by the expression ‘judging without jury’ will vary according to the perspective of the audience. In the specific context of Northern Ireland, the term will evoke for both lawyer and layperson the removal of the jury from the trial of serious criminal cases arising from the troubles and its replacement with the Diplock process. The debate on the respective merits of these forms of trial feeds into the wider debate on the suitability of the general emergency regime which has run in parallel to Northern Ireland’s ‘ordinary’ criminal process.1 The Diplock court system is often represented as the epitome of this regime, but it is only one aspect of a much larger legislative and administrative programme.
Hearsay and Confrontation in Criminal Trials
Authors: Choo Andrew L -T 
Published: October 2023

Abstract
Critics of the English law of evidence have often claimed that the rationales for various rules are explicable only in terms of historical conditions long superseded, that it has failed to adapt to changing social and technological developments, and that frequently the results of applying it defy common sense. The hearsay rule and its exceptions have been subjected to all these criticisms and more. The topic was considered by the Criminal Law Revision Committee in its Eleventh Report in 1972, and it is again under consideration, this time by the Law Commission. Dr. Chao’s study goes deeper and wider than those enquiries, seeking to provide a more principled examination of the existing law and directions for reform than is possible in general texts and in committee reports. It is a timely contribution to a major debate.
Reform Options
Authors: Choo Andrew L -T 
Published: October 2023

Abstract
The focus of this Chapter is upon various possible approaches that might constitute the basis for reform of the hearsay rule in criminal trials in England. In the light of the problems associated with the hearsay rule examined in the preceding chapters, it is clear that substantial revision of the operation of the hearsay rule in England is necessary. Indeed, it may be tempting to argue that the rule should be abolished altogether. Wigmore considered that, if the rule were to be abolished, we would probably attain a clearer picture of events and get just as close to the truth. Even at present, the hearsay quality of a good deal of evidence goes unnoticed.2 Indeed, at a certain level, there may be a hearsay quality inherent in any testimony. It is arguable that there is no such thing as completely objective perception, since all our perceptions of the real world are dependent to some extent upon what we have been told by others.
Introduction
Authors: O’Dell T H 
Published: October 2023

Abstract
The combination of the two words ‘secret’ and ‘patent’ seems, at first sight, to be a contradiction. Secret means kept private, whereas litterae patentes, from where the English word ‘patent’ comes, are open letters from the sovereign conferring some right or privilege. And the letter is open, for everyone to read, so that everyone knows just what it is the sovereign has given away, and just what it was the subject had asked for. In the case of letters patent for an invention, the bargain between the sovereign (the state) and the subject (the inventor) is that the inventor gives a full description of the invention, which is then published, and, in exchange for this contribution to public knowledge, the state undertakes to grant the inventor a temporary monopoly so that the invention can be exploited, initially, entirely to the inventor’s advantage.
The Last Secret Patent
Authors: O’Dell T H 
Published: October 2023

Abstract
The public records that give details of inventions belonging to the 1960s are just beginning to be opened at the time of writing. The last secret patent could be one that is described in a file that is closed until 1994 (PRO: ADMl/22169). This is already indexed as being about the patents of C. C. Mitchell, an aeronautical engineer who had a number of secret patents concerning the hardware used in the Second World War for catapulting aircraft from ships (PRO: ADMl/13839). An example of his work is described in the specification of BPN 649180, which was applied for on 11 October 1938, but not published until 17 January 1951. Apart from the long delay in publication, this specification is not particularly interesting.
Labour in the Global Economy: Four Approaches to Transnational Labour Regulation
Authors: Stone Ka Therine Van Wezel 
Published: October 2023

Abstract
Twenty-five years ago, Raymond Vernon foresaw that increased international economic activity would create profound political problems. He warned that the imminent growth of multinational enterprises was a ‘threat to national politics ... [because] [m]ultinational enterprises are not easily subjected to national policy’. Further, Vernon said, the threat to national politics would come not only from multinational enterprises, but also from the shrinking of trade barriers, and improvements in transportation and communications technologies. ‘These are likely to raise issues of sovereignty that may, in the end, dwarf the multinational enterprise problem’ (Vernon 1970: 396-400).
The Public Service Model of Good Administration
Authors: Woodhouse Diana 
Published: October 2023

Abstract
The public service model of good administration reflects the traditional ‘public service’ view of administration and the constitutional principles upon which the Civil Service is based. It therefore has its origins in the latter part of the nineteenth century when the characteristics of the modem Civil Service were established, but it also embodies values from the culture of intervention and the Welfare State that developed during the twentieth century. A starting-point for reflection is provided by the five key principles which are generally accepted as underpinning the Civil Service. These are impartiality, integrity and objectivity, selection and promotion on merit, and accountability through ministers to Parliament. To these could be added ‘a sense of public service’ and ‘a commitment to the public interest’ . It is from these principles, which both inform the administrative process and reinforce the constitutional position of civil servants, that the requirements of good administration can be distilled.
The New Public Management Model Of Good Administration
Authors: Woodhouse Diana 
Published: October 2023

Abstract
Criticisms of the public service model of public administration have been longstanding. However, any proposals for fundamental reform were by and large ignored. Thus the far-reaching recommendations made by Fulton remained unimplemented. In addition, whilst there have always been some, particularly economists, who have questioned the size of the public sector and the cost of the Welfare State, they were on the fringes of the debate. ‘Institutions such as the Institute of Economic Affairs, a right-wing think tank, was outside the mainstream of policy making and considered somewhat eccentric’ . This was to change as reform of the Civil Service was put on the agenda and by the end of the 1980s such institutions ‘were at the centre of government thinking’ .
The Corporate Governance Systems in the UK and Australia
Authors: Stapledon G P 
Published: October 2023

Abstract
This book contrasts the role of institutional shareholders in corporate governance in the United Kingdom and Australia. Corporate governance is the system by which companies are directed and controlled. The companies of present concern are quoted public companies. The comparative aspect of the book is novel: the UK system of corporate governance has (along with that of the US) been contrasted commonly with the systems of continental European countries (especially Germany) and Japan,2 but not with that of Australia. 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 Potential for Increased Institutional Monitoring, Without Legal Reform
Authors: Stapledon G P 
Published: October 2023

Abstract
Given the finding in Chapter 9 that closer institutional monitoring is desirable, this chapter addresses the question of whether there is likely to be any increase in the level of monitoring without specific legal reforms. This is an important matter because several commentators, especially in the UK, have found that greater institutional monitoring would be a good thing but have relied upon mere exhortation as a way of achieving that end. The main aim of this chapter is to show that there is an array of disincentives to the performance of detailed firm-level monitoring by institutions-external fund managers in particular. The fact that this sort of monitoring does occur (as detailed in Chapters 5 and 8) shows that these disincentives are sometimes surmountable. However, it is concluded that, in the absence of positive regulatory changes, it is probable that there will be no significant increase on current levels in the UK, and only a sman increase on current levels in Australia.
Libel and the Media The Chilling Effect
Authors: Barendt Eric , Lustgarten Laurence , Norrie Kenneth , Stephenson Hugh 
Published: October 2023

Abstract
The impact of libel law on the freedom of the press is a subject which interests not only practising media lawyers, law students, and journalists, but also members of the general public who are keen to learn about any perceived threat to the freedom of the press. This book presents all those people with an accessible and jargon-free look at the impact of libel law on the media. It is based on research conducted by Professor Barendt and his collaborators which involved interviewing the editors of national newspapers, journalists, and their lawyers to discover the extent to which libel laws chill press freedom. The authors, a distinguished group of highly respected academics, examine the present state of libel law (including the Neill reforms and the law in Scotland), and go on to explore the impact of libel law on national and regional newspapers, broadcasters, and book and periodical publishers.
Book Publishers
Authors: Barendt Eric , Lustgarten Laurence , Norrie Kenneth , Stephenson Hugh 
Published: October 2023

Abstract
As with the other media, a questionnaire specifically tailored to the working of the book trade was sent to a range of publishers in the spring of 1994. Sixteen responded, and may be regarded as broadly representative, in that they included both academic and purely commercial firms. The latter were evenly divided between those wholly or mainly publishing fiction and non-fiction. Several were part of major publishing conglomerates, and also included was one of the tiny remnant of individually-owned independent publishers which have shrunk in number from approximately 200 to fewer than ten since the end of the 19S0s. Two university presses apart, virtually all the others were based in London.
Judges and the Constitution
Authors: Griffith J A G 
Published: October 2023

Abstract
In a lecture given to the Administrative Law Bar Association in October 1994, Mr Michael Beloff QC said, that when he came to the Bar in 1968, ‘no one was yet called a public lawyer’ and that the phrase, as late as 1985, was not altogether approved by the judiciary. In the more enlightened circles of academia, we had been accustomed to the words for some time and even had professors so designated. When F.W. Maitland gave his first lecture on The Constitutional History of England at Cambridge in the Michaelmas term of 1887 he entitled it ‘English Public Law at the Death of Edward the First’.
Judicial Legislation*
Authors: Cornish W R 
Published: October 2023

Abstract
The LSE Centenary Lectures in law have been a fine series. They include two very different essays in theory: Professor Unger’s Chorley Lecture incites scholars to highly critical engagement beyond the range of the merely commentative; Professor Teubner’s lecture reflects subtly on the relationships between discourses about law and its social functioning. His case for a distinctly legal discourse at once synthetic, independent, and in a sense ultimate, deserves sustained reflection.
Implementation Of The World Trade Organization Agreement In Australia*
Authors: Waincymel Professor Jeffrey 
Published: October 2023

Abstract
An analysis of the functions, problems and prospects of international economic regulation should not be undertaken without attention being given to domestic implementation issues. These include the domestic legal and constitutional constraints on the development of trade policy, the domestic legal requirements for the applicability of international economic norms and the optimal political, legal and administrative structures for those purposes. It is particularly inappropriate to debate the respective merits of domestic and international solutions to legal problems without fully analysing the relationship between the two.
Switzerland: The Challenge Of Direct Democracy
Authors: Cottier* Thomas , Schefe Krista Nadakavukaren 
Published: October 2023

Abstract
On 1 January 1995, when eighty-one countries were celebrating the end of the Uruguay Round with the coming into effect of the World Trade Organization, Switzerland was preparing for yet another political trade battle. This time, though, it was fought on the home front: direct democracy made it necessary to convince the Swiss citizens that they should endorse the new trading regime with all its implications.
The Results Of The Uruguay Round In Brazil: Legal And Constitutional Aspects Of Implementation
Authors: Casella* Paulo Borba 
Published: October 2023

Abstract
The implementation of the results of the Uruguay Round, in Brazil, as elsewhere, is an ongoing process and an open-ended task. The reasons for this include the depth and breadth of necessary measures as well as the fact that a constitutional revision is under way in the country. Implementation remains open-ended for many other relevant reasons, internal and external, legal and economical, and structural. Other factors include the regional economic agreements, such as those between Brazil and its partners within the framework of the Common Market of the South, with Argentina, Paraguay and Uruguay.
Richard Nobles and David Schiff
Authors: Luhmann Niklas 
Published: October 2023

Abstract
This book needs to be accessible to an English-speaking audience. It is a profound work of increasing significance in the twenty-first century. It presents what is probably the most important, original, and complete statement made about law in the second half of the twentieth century by a social theorist, a statement about the autopoiesis of law. It may well be the most complete statement since the one made at the beginning of that century by one of the founders of modem sociology, Weber, or perhaps the gradual reinterpretation during the twentieth century of Marx’s socio-economic analysis and its application to law by Pashukanis, Renner, Althusser, and Poulantizas.
The Evolution of Law
Authors: Luhmann Niklas 
Published: October 2023

Abstract
The history of law from ancient times to the present is comparatively well known. The available sources, however, have not been evaluated from a theoretical perspective. According to contemporary understanding, only concepts of evolutionary theory are suited to this task. The concept of evolution, however, has been used very imprecisely in the literature (including in the legal literature, in so far as it is used there at all) and has, moreover, been presented in a distorted way in criticizing evolutionary approaches. As far back as the eighteenth century accounts can be found of the evolution of law, by, in particular, Hume, Lord Kames, and Ferguson, who point out features which come close to modem evolutionary theories (such as the lack of a plan, retrospective acknowledgement of achievements, gradual development, accidental triggers, accumulation of wisdom through decisions on a case-by-case basis).