bluuebunny/crossref_metadata_2025_split huggingface dataset:
Disability and Functional Status among Elderly People: Cross-National Comparisons
Authors: Heikkinen Eino , Jokela, Jukka , Jylha Marja 
Published: October 2023

Abstract
Questions about age-related and age-dependent changes in functional abilities have been a focus of gerontological research for several decades (e.g. Katz et al., 1963; Katz, 1983; Lawton, 1972, 1990; Kane and Kane, 1981; Fillenbaum, 1985; Applegate et al., 1990). The prevalence of chronic conditions increases with advancing age. Only a minority, about 15 per cent, of 75-80-year-olds are healthy in terms of clinically diagnosed diseases (see Svanborg, 1988; Waters et al., 1989; Jylha et al., 1992). From this point of view the old saying ‘ipsa senectus morbus est ‘ suggesting that old age equals disease seems to be true. On the other hand about one-half of 75-80-year-olds regard themselves as healthy (e.g. Shanas et al., 1968; Heikkinen et al., 1983; Jylha et al., 1992). There are presumably several reasons for this discrepancy. The criteria for good health may change with age, elderly people may adapt to certain symptoms which they accept as the normal consequences of ageing, and not all diseases cause functional limitations capable of reducing an individual ‘s ability to cope with the routines of daily living. Among elderly people the level of functional abilities in particular seems to modulate their perceptions of health (e.g. Jylha et al., 1986).
Making Sense out of Nonsense
Authors: Howarth David 
Published: October 2023

Abstract
At the heart of jurisprudence lies the theory of adjudication. It concerns itself with questions about how judges decide cases and how they ought to decide cases. Traditionally, two schools of thought competed for the allegiance of scholars. One school maintained that the law should be thought of as a gapless system of rules, in which the task of the judge in a disputed case was to discover what the law already said. The other school contended that the law was not gapless, and that the task of the judge in a disputed case was to fill the gap with whatever rule seemed best.
Preventing Impunity
Authors: Gross Hyman 
Published: October 2023

Abstract
My purpose here is to suggest a new way of looking at what in general is going on when people are brought to book for their crimes. I hope that what I have to say will make clear what the important questions are, though I shall not attempt to pursue those questions here. In a nutshell, my suggestion is this. We enforce the law simply because we cannot tolerate letting people get away with their crimes. Preventing impunity (by which I mean not allowing people to get away with their crimes) is the one and only good reason we have for enforcing the law as we do. It is not crime itself, but rather the possibility of being allowed to get away with it, that really matters when the very system of law enforcement itself is thought to need justification. The aim of making people pay for their crimes will not do the job, nor will the aim of reducing the number of crimes that will be committed in the future.
The Administration of the West Bank under Israeli Rule
Authors: Rishmawi Mona 
Published: October 2023

Abstract
During its twenty-year occupation of the West Bank and Gaza, Israel has attempted to integrate the administration of the Occupied Territories into its own central system of government. This chapter attempts to show that, while the military government may be the most visible administrative body in the Occupied Territories and has at times been described as being autonomous, decisions concerning the administration of the West Bank are in fact in the hands of Israeli cabinet ministers and government sub-committees. The alternating years of Likud and Labour Party administrations have brought only changes in tactics in their treatment of the Occupied Territories and not changes in their aims or goals. Both parties support a policy of de facto annexation of the West Bank and Gaza.
The Right to Form Trade Unions under Military Occupation
Authors: Quigley John 
Published: October 2023

Abstract
States occupying territory in belligerent occupation are typically hostile to organizations formed by the occupied population. Such organizations, from the standpoint of the occupant, hold the danger that they will foment opposition to the occupation. The law of military occupation requires a belligerent, however, to protect freedom of association, and specifically trade union organizing. A right to organize trade unions is deemed by human rights law to be necessary for the economic and social well-being of workers.
Utilitarianism and Distributive Justice
Authors: Kelly P J 
Published: October 2023

Abstract
In this book Dr Kelly presents the first full-length exposition and sympathetic defence of Jeremy Bentham's unique utilitarian theory of justice. He rescues Bentham's reputation from crude nineteenth- and twentieth-century caricatures, and develops a sophisticated and subtle interpretation of Bentham's moral theory which places him at the heart of the British Liberal tradition. Drawing heavily on Bentham's unpublished civil and distributive law writings, classic and recent Bentham scholarship, and contemporary work in moral and political philosophy, Dr Kelly shows how Bentham developed a moderate welfare-state liberal theory of justice with egalitarian leanings, the aim of which was to secure the material and political conditions of each citizen's pursuit of his own conception of the good life in co-operation with others. This strikingly original interpretation makes a valuable contribution to the growing literature on Bentham's legal and political thought, and develops a utilitarian theory of justice which offers much to contemporary political philosophy.
International Trade and Competition Law in Japan
Authors: Matsushita Mitsuo 
Published: October 2023

Abstract
Modern Japanese Law Series This new series has been established to provide scholars and practitioners with a library of books which deal with contemporary issues in Japanese law, particularly in areas of law which are of importance to the international business community. It will include books on Japanese labour law, the Law of Civil Procedure, Securities Regulation, and environmental law. Two volumes containing accurate and up-to-date translations of all the major Japanese Codes (Civil and Criminal) are planned for 1994. This book analyses the means by which the Japanese government regulates business activity, principally through the use of competition or anti-monopoly laws. These laws operate both within Japan and, to a lesser extent, beyond. The book also looks at legal aspects of industrial policy as well as the legal framework of foreign trade and investment in Japan. As such it goes to the very heart of industrial and commercial life in Japan, and will be of interest to all those who are involved in doing business with Japan, as well as to their legal and financial advisers.
Non-Discrimination in General International Law (I)
Authors: Thornberry Patrick 
Published: October 2023

Abstract
The brief account of the emergence of the non-discrimination formula in the drafting of the United Nations Charter at San Francisco indicates that, unlike the principle of identity (as applied to minorities), non-discrimination as a concept is capable of appealing to a very broad spectrum of States, including the ‘countries of immigration’. The explicit nature of the non discrimination formula, in contrast to the generalized references to ‘human rights and fundamental freedoms’ elsewhere in the Charter, and the insistent character of its repeated invocation,2 promised from the outset that the United Nations would make it a principle of great potency in international law and relations. The gradual coalescence of opinion at San Francisco in favour of the principle was not without elements of political compromise.
Beyond ILO Convention 107
Authors: Thornberry Patrick 
Published: October 2023

Abstract
Many references have been made in the foregoing chapter to the anachronistic nature of ILO Convention 107 and to the need for change. The criticism was essayed from the point of view of humanitarian standards and the equal valuation of cultural contributions to humanity. A vaguely identified indigenous point of view was also mentioned. ‘ Indigenous groups’ are not, of course, a unified body of ‘peoples’ and many points of view are possible on the scope of a more helpful regime of national and international legislation. However, in recent years a number of indigenous group organizations have emerged to promote their claims on the national and international plane. This is already a significant new area of awareness in international human rights law which shows every sign of further development. Valid criticism and reform of the present international system must incorporate in some form the indigenous peoples’ perception of their relationship to international law.
Indigenous Groups and Contemporary International Standards
Authors: Thornberry Patrick 
Published: October 2023

Abstract
There has been a considerable amplification of United Nations activity on indigenous populations following the United Nations Declaration on the Elimination of All Forms of Racial Discrimination and the subsequent Programme for the Decade of Action to Combat Racism and Racial Dis crimination2 (the Decade began on 10 December 1973). One of the objectives of this Programme is declared to be ‘ to identify, isolate and dispel the fallacious and mythical beliefs, policies and practices that contribute to racism and racial discrimination’. The Programme also looks forward to the ending of racist regimes, and is thus both activity directed and educational. The proposed revaluation of values’ has a particular potency in the context of indigenous populations, victims of the psychology and vocabulary of prejudice, dehumanization and patronization to as great an extent as any human group.
The Legal Aspect of Money
Authors: Mann F A 
Published: October 2023

Abstract
First published in 1938, The Legal Aspect of Money has become the foremost authority on the law of money throughout the world. The fifth edition has been revised and updated to include discussion of recent changes in international (especially European) law. Although originally intended primarily as a reference work on the English law of money, the comparative methodology established in the original edition has been maintained, and readers will find the combination of new material plus established scholarship an indispensable guide to the financial and legal systems of the world. The 6th edition edited by Charles Proctor is also available with ISBN 978-0-19-826055-4.
Explaining the Court’s Performance: Visions of Law in South Africa
Authors: Ellmann Stephen 
Published: October 2023

Abstract
We must explain the actions of two courts-very similar in membership, but very different in performance. We have already seen the immediate sources of the difference between the two. The Rabie court, so far as the emergency was concerned, was decisively dominated by the five members of the emergency team. It is these judges’ jurisprudence, developed in a period of stern government repression directed against what was seen as total onslaught, that we must explain. The emergency jurisprudence of the Corbett court, on the other hand, is much more the work of the Appellate Division as a whole, and it is work carried on in a time of both continued government repression and hesitant, but gathering, hope of broad racial reconciliation in South Africa.
Professionalism, Officialism: Solicitors and the State
Authors: Anderson J Stuart 
Published: October 2023

Abstract
Within the broad fold of the Liberal party, radicals had long identified a land question, which in true individualist fashion they equated with the issue of ownership. From the 1860s one prescription focused upon the legal institutions of the landed aristocracy—primogeniture, entail, settlement—which should be abolished. For men who believed in the superiority of market forces to solve social problems it was imperative to remove ‘artificial’ impediments to a system of private property based upon individual initiative and responsibility. The onset of agricultural depression in the late 1870s heightened these claims; ‘land in fetters’ was land unable to adapt to straitened circumstances. As a result of the settlement system, it was said, farmers were mere leaseholders, unable and unwilling to invest the fixed capital the land needed. Poor housing conditions for both urban and rural poor could be traced to the same source: settlement prevented sale, reduced land supply, and drove rents up. Alternatively, settlement encouraged the urban lease-hold system, whereby any increased capital value of the land accrued to the landlord, together with any buildings on it at the end of the lease, depriving the house-owner of incentive to improve the property.
1897–1912: The Old Order Resurgent
Authors: Anderson J Stuart 
Published: October 2023

Abstract
For solicitors these were the tensest years. They culminated in a Royal Commission which from 1909 to 1911 investigated the workings of the 1897 Act, reported, and laid the foundation for what ultimately became the property legislation of 1922-5. Before then, for the first decade or so of the new regime, there was a fierce institutional struggle between Registrar and law societies for control of the future of land transfer. Both lost; but that was not foreseen.
Lawyers’ Law: The Conveyancing Bills of 1913/14
Authors: Anderson J Stuart 
Published: October 2023

Abstract
1.1. The choice for Haldane lay between Stephen and Wolsten-holme. Stephen represented a step towards a unified property-law code, a true assimilation. It could be done directly, by spelling out principles as Cyprian Williams would have liked; or indirectly by deeming realty to be personalty, and leaving the general learning of the profession to draw the right conclusions. Sweet and Underhill had inclined towards this sort of step, the Royal Commission had hinted its approval, and it was Williams’ s bill that won what favour there was from law societies in the pessimistic days of 1911. Wolstenholme had never supported systematic assimilation, and Benjamin Cherry continued to oppose it after his mentor’s death in 1908.5 But the law of realty, while remaining separate, could be cut back; successive estates could be abolished. Then settlements would have to be created behind trusts. Successive interests would be assimilated to personalty in that sense, the law of trusts forming a buckle between the two major divisions of property law.
General Problematic
Authors: Ost Michel Van De Kerchove François , Stewart Iain 
Published: October 2023

Abstract
Before looking at the main questions raised by the investigation of law as system, it seems useful to mention some preliminary problems. How can the concept of system interest the study of law? What different epistemological orientations might that investigation follow and, in particular, which orientation will this book adopt? What general perspectives opened up by the investigation of systems explain the choice of the various problems dealt with in this book? On the fringe of general system theory, indeed, may one not see in writers such as Kelsen and Hart true precursors of a theory of legal system?
Introduction
Authors: Waluchow W J 
Published: October 2023

Abstract
Legal theory is in a perplexing state. Traditional boundaries between rival views have been blurred to the point where one wonders just what the issues are and whether the protagonists are more often than not arguing at cross purposes. On the one hand we have apparently dyed-in-the-wool legal positivists like Joseph Raz and Neil MacCormick claiming that it is perfectly consistent with legal positivism to suggest that law, as an important social institution, necessarily has some moral merit.
Administrative Review
Authors: Amerasinghe C F 
Published: October 2023

Abstract
‘Inadmissibility for Other Reasons’, Liv; Sect. 12, ‘Substantive Irregularity’, 1.xi; Sect. 13, ‘Procedural Irregularity’, 1.i, 5.ii; Sect. 16, ‘Classification’, 1.ii, 13.i; Sect. 25, ‘Salary’, 4.iii; Sect. 26, ‘Taxation’, 1.i; Sect. 28, ‘Reorganization’, 2.v.)
45. The Tribunal notes that from the time the Applicant expressed her dissatisfaction with the grading of her position by the JEU, the Respondent took a series of measures aimed at confirming and consolidating the decision to grade the Applicant’s position at level 17. Many of these measures fell short of meeting the requirements of due process and a fair and reasonable procedure.
Prejudice/Discrimination
Authors: Amerasinghe C F 
Published: October 2023

Abstract
The Applicant has complained of certain inherent limitations in the operation of the Committee as well as procedural and substantive flaws in its conduct in this case. The Tribunal has found itself able to review these complaints without entering further into the question of the powers of the Appeals Committee or its relation to the Tribunal. It has concluded that the complaints cannot be sustained ....
Probation
Authors: Amerasinghe C F 
Published: October 2023

Abstract
The record shows that the Respondent did promise to convert the Applicant’s appointment into a permanent one but that the fulfillment of that promise was conditional upon the Applicant’s satisfactory performance. By a letter dated December 22, 1986, the Applicant’s supervisor informed the Personnel Management Department (PMD) of the Applicant’s selection as a Cofinancing officer.
Taking Sides: Partisan Research in the 1984-1985 Miners’ Strike
Authors: Green* Penny 
Published: October 2023

Abstract
The 1984/5 Miners’ Strike was perhaps the most courageously fought, and most fiercely opposed industrial dispute in British history. Not since the 1926 General Strike, when the miners’ leader, A. J. Cook, told strikers: ‘You have been fighting the legions of hell’, had workers been confronted by such a mobilization of state power. In 1984 the men and women of the British coalfields faced a highly co-ordinated, brutal, and massively resourced state assault designed to defeat their struggle to save pit jobs. Paramilitary policing of once-quiet villages, a media campaign unprecedented in its vilification of working-class struggle, and a welfare strategy designed to starve miners back to work—these were the key components in the state’s campaign against the miners.
The Role of Foreign Law
Authors: Fentiman Richard 
Published: October 2023

Abstract
The previous chapter began the work of locating the foreign law problem in its proper context. The present chapter completes the task by identify ing when the problem becomes an issue in practice. This occurs most obvi ously in the process of applying the governing law at trial. Once identified through the choice of law process as being foreign, its content must be established by proof. In some cases this will not be contested, although sat isfactory evidence will be needed if foreign law is to be applied.
Improving Expert Proof
Authors: Fentiman Richard 
Published: October 2023

Abstract
Evidence of foreign law is normally provided by the parties’ experts, orally examined. But, given the delay, difficulty and expense of this process, how might cost-conscious litigants establish foreign law more easily? How might the court’s task be made easier and the determination of foreign law made more efficient and effective? In certain circumstances, as Chapter VIII will show, resort to party experts may be dispensed with altogether, offering litigants the opportunity to avoid completely the delay and expense which such proof entails.
Replacing Party Experts
Authors: Fentiman Richard 
Published: October 2023

Abstract
In the previous chapter we examined such techniques as may augment the process of proving foreign law by party experts. Our present concern is with those techniques which allow such evidence to be dispensed with altogether. Foreign law is normally determined by obtaining expert opin ions. But this is not the only method available. Unexceptionally, other methods may be employed in uncontested cases. Points of foreign law will be taken as settled, for example, and need not be proved, where they are admitted. Previous rulings on foreign law by English courts are binding in the absence of contrary evidence.
Recognition and Enforcement of Judgments
Authors: Lowenfeld Andreas F 
Published: October 2023

Abstract
Should judgments be purely territorial, with no effect outside the rendering state? I did not believe anyone today would take that position, until I learned that, absent a treaty, that is the law in as generally enlightened and internationalist countries as the Netherlands, Norway, and Austria. Clearly, the better view, if not yet the view required by international law, is that at least some judgements from some other states ought to be recognized and enforced, to establish the security of contracts, promote commercial dealings, and generally further the rule of law among states that are interdependent as well as independent.
Law in Environmental Decision-Making
Authors: Jewell Tim , Steele Jenny 
Published: October 2023

Abstract
This collection of essays adopts a distinctive approach to environmental legal issues. The contributors represent a variety of specialisations, ranging from public law to international law and international relations. Some essays are written from within a UK domestic law perspective, but others adopt a broadly comparative, supra-national or international approach. The contributors do not assume that problems and solutions in 'environmental law' should be perceived as wholly distinct from the preoccupations of existing legal specialisms. New and proposed legal responses inevitably build on or employ established legal techniques, rather than starting completely afresh. The contributors do however, regard environmental problems as posing or at least illuminating significant challenges to received patterns of legal thought. In the light of this, the contributors therefore investigate aspects of law's influnce in environmental decision-making, and consider whether legal institutions and forms of thought can respond adequately to the challenge of environmental change.
Regulatory Evolution in Pollution Control
Authors: Robinson David 
Published: October 2023

Abstract
Commentaries on environmental law often refer to the relative novelty of the subject. In the case of pollution control, however, law has been central for a number of decades. The law has achieved some success in controlling gross emissions. However, problems associated with economic and population growth-such as natural resource depletion, declining water quality, cumulative impacts, diffuse source pollution, and the build-up of hazardous wastes-suggest the limitations of law, at least of the prescriptive ‘command-and-control’ type still dominant in the pollution control systems of many industrialized countries.