bluuebunny/crossref_metadata_2025_split huggingface dataset:
Causation outside the Law
Authors: Lipton Peter 
Published: October 2023

Abstract
In their important book Causation in the Law, H. L. A. Hart and Tony Honore argue that causation in the law is based on causation outside the law, that the causal principles the courts rely on to determine legal responsibility are based on distinctions exercised in ordinary causal judgements. A distinction that particularly concerns them is one that divides factors that are necessary or sine qua non for an effect into those that count as causes for purposes of legal responsibility and those that do not. Hart and Honore claim that this distinction is often one of fact rather than of legal policy, and that the factual basis is to be found in the ordinary distinction we draw between causes and ’mere conditions’. If this claim is correct, we may hope to illuminate the legal distinction by articulating the principles behind the ordinary one. This is a challenging task since, as in the case of most cognitive skills, we are far better at making particular judgements than we arc at stating the general principles that underlie them. Hart and Honore devote the first part of their book to this difficult task.
International Law and the Rights of Minorities
Authors: Thornberry Patrick 
Published: October 2023

Abstract
This is a comprehensive study of the evolution and protection of the branch of human rights which is devoted to `minorities'. This general rubric covers ethnic, religious, racial, and cultural minorities. The general area of `minority rights', sometimes grouped with the emerging study of `rights of peoples' is talked of as the new generation of human rights which will expand enormously over the coming years.
Peers, Careers, and Academic Fears: Writing as Field-Work
Authors: Hobbs* Dick 
Published: October 2023

Abstract
I have given my students several exercises to sharpen their perception as writers and co help them make their own enquiries into the nature of word and image as they manifest themselves along associated lines. The exercise that has elicited the greatest response and produced the most interesting results has been the Walk Exercise. Basically it consists in taking a walk with the continuity and perceptions you encounter. The original version of this exercise was taught me by an old Mafia Don in Columbus, Ohio: seeing everyone on the street before he sees you. Do this for a while in any neighbourhood, and you will soon meet other players who are doing the same thing.
International Environmental Law in Evolution
Authors: chinkin* Christine 
Published: October 2023

Abstract
A common theme of the essays in this book is that they examine the extent to which law can provide answers to environmental questions. This issue is especially pertinent in the context of international environmental regulation. International environmental law is still in its infancy with its origin often dated from the 1972 Stockholm Declaration. Despite this short existence, it is now recognized that the primary goal of the international legal order, the maintenance of international peace and security, can only be achieved by a broad understanding of the causes of global insecurity including decline in the quality and quantity of accessible natural resources and all forms of environmental degradation.
Change of Position
Authors: Nolan Richard 
Published: October 2023

Abstract
The aim of this chapter is to explore the nature and structure of change of position, the defence to restitutionary claims first recognized by English law in Lipkin Gorman v Karpnale Ltd.1 As yet, there are very few English cases directly concerned with change of position: this chapter is deliberately analytical, therefore, and, to a degree, speculative; indeed, given the relative paucity of direct authority concerning change of position, it could not usefully be otherwise. The first, and most fundamental, issue to be considered in an examination of the defence is how change of position rebuts a restitutionary claim made out by a plaintiff. If change of position is to be founded on more than a vague, general notion of hardship, and it is very widely agreed that such should be the case. we must ascertain what element or elements of the plaintiffs allegations are neutralized by change of position. An attempt is then made to investigate the relationship between the elements of the plaintiff’s claim, which the defendant seeks to rebut or neutralize by pleading change of position, and the facts put forward by the defendant in a bid to establish the defence. Various issues arise for consideration. What is the nature of the link which must be shown between those elements of the claim to be rebutted and the facts founding the defence; what is meant by a ‘causal link’ between the elements of the claim to be neutralized and the facts put by way of defence; how is such a link established, and is such a link sufficient foundation of the defence? These general questions suggest some specific issues to be examined; these are principally the question of whether acts occurring before the plaintiff’s cause of action is complete can found a defence of change of position, and the effect of the defendant’s conduct on the availability of the defence.
The Nature of Ministerial Receipt
Authors: Swadling William 
Published: October 2023

Abstract
In Holland v Russell1 the defendant, as agent for a foreign owner, entered into a policy of insurance of a ship. At the time he made the contract, the defendant was in possession of a letter from the ship’s captain informing him of an injury to the ship which he failed to disclose to the underwriters, though it was found as a fact that he had no fraudulent intention to deceive. The failure to disclose, however, meant that the contract of insurance was voidable. The ship was subsequently lost and the plaintiff, one of the underwriters, paid out on the policy to the defendant, who then passed the money on to his principal. The underwriter’s subsequent restitutionary claim against the defendant for money paid under a mistake of fact failed. The Court of Queen’s Bench (Cockburn CJ, Wightman and Blackburn JJ) held that when money so paid to an agent has once been bona fide parted with without notice, the liability of the agent ceases and the claim can only be brought against the principal. This chapter is concerned with the question why in certain circumstances such a defence will defeat an otherwise valid restitutionary claim. The reasons are not self-evident, particularly when it is considered that there is no comparable defence in the law of torts. Various explanations have traditionally been put forward. It is sometimes said that the receipt of the agent is the receipt of the principal, so that by the receipt the agent is not enriched. Elsewhere it is thought to be an early manifestation of the defence of change of position. Another explanation focuses on the fact that in receiving the benefit from the plaintiff and paying it over to his principal, the agent is merely performing his duty to his principal. A fourth looks to the agent’s assumption of responsibility and justifies the immunity on the basis that the agent undertakes no liability to anyone other than his principal.
Legality, Modernity, and Ethnicity in Colonial South Africa: An Excursion in the Historical Anthropology of Law*
Authors: Comaroff John L 
Published: October 2023

Abstract
In The Campaign, a Carlos Fuentes novel of colonialism and liberation in South America, there lurks, amidst a welter of heroic acts and epic events, a brief, enigmatic exchange:A luta continua. The battle goes on. But the revolutionaries-alibis all for Fuentes’ reading of history-agree to one thing: the almost absurd centrality of law in both European overrule and the struggle against it.
Case-Law of the World Bank Administrative Tribunal
Authors: Amerasinghe C F 
Published: October 2023

Abstract
In the third volume of this series dealing with the Case-Law of the World Bank Administrative Tribunal, Dr Amerasinghe analyses the judgements and Orders handed down by the Tribunal between July 1, 1991 and April 30, 1996. Thus this volume covers Decisions No. 104-46 and Orders made during that period.
The Role of International Human Rights Law m the Protection of the Environment
Authors: Boyle* Alan 
Published: October 2023

Abstract
What role should international human rights law play in the protection of the environment? At Stockholm in 1972 the UN Conference on the Human Environment declared that ‘Man has the fundamental right to freedom, equality and adequate conditions of life in an environment of a quality that permits a life of dignity and well-being’. Twenty years later, at the Rio Conference on Environment and Development, this initial emphasis on a human rights perspective has not been maintained. Avoiding the terminology of rights altogether, the Rio Declaration merely asse11s that ‘Human beings are at the centre of concerns for sustainable development.
Danish Neutrality
Authors: Holbraad Carsten 
Published: October 2023

Abstract
This analytical account of Danish foreign policy from 1720 to 1990 is the first scholarly treatment of the subject in any language. Historically Danish policy, essentially the reaction of a small state to potential or actual conflict among great powers, has presented a succession of different versions of neutrality. Analysing the ideas and tracing the attitudes behind each version, the author discusses the policy in terms of idealism and realism. The focus is on the neutralist tendencies that occasionally have marked Danish security policy in the years of NATO membership. The book also includes an account of the new commitment to alliance solidarity and European union which has characterized Danish policy towards NATO and EEC since the revolutions in Eastern Europe and the breaching of the Berlin Wall, and concludes with some speculations about Danish foreign policy in the near future. The central theme of the book is disengagement from or involvement in international politics.
Introduction
Authors: Butler David , Ranney Austin 
Published: October 2023

Abstract
Elections can produce high drama or infinite tedium, but they are the key institutions of representative democracy. Elections, when they are open and competitive, allow voters to decide which persons or parties shall control their government. For all but a handful of citizens, voting in national elections is the most important form of political participation; for most it is the only form. Consequently, the recent holding of free elections in formerly authoritarian nations, such as Argentina, Chile, Czechoslovakia, Poland, Spain, and the Soviet Union, provided the clearest evidence of their movement towards democracy.
Seeing the Ancestral Sites: Transformations in Fijian Notions of the Land
Authors: Toren Christina 
Published: October 2023

Abstract
Where I lived in Fiji, in the chiefly village of Sawaieke on the island of Gau, people routinely remark on the most ordinary events.1 So, when the truck that twice a day makes a circuit of the villages is sighted in the distance or its horn heard someone is bound to say, Lori! Or it might be the doctor’s van, or the drum for church, or women returning from fishing, and all of us present can see or hear whatever it is, but even so someone always remarks ‘Doctor!’ or, ‘There beats the drum!’ or, ‘Here come the women from fishing!’ And any walk with others elicits similar remarks as the group passes a landmark: ‘Ia, the old village!’ or ‘Ia, Crabshit Pool!’ or ‘Ia, the school!’
Pasteur, Pasteurization, and Medicine
Authors: Biraben Jean-Noel 
Published: October 2023

Abstract
It is impossible to overestimate the revolutionary aspects of Pasteur’s work in chemistry, biology, and medicine; his work has affected some of the most important aspects of people’s lives, health, and longevity.Before Pasteur’s time very little was known about the causes of disease. When Pasteur died, he had succeeded not only in providing an accurate explanation for a large part of human and animal pathology, but had also paved the way to immunology and the introduction of new treatments, and for advances which are still continuing in all branches of medicine, virology, and oncology.
Co-integration and Error Correction: Representation, Estimation, and Testing
Authors: Engle Robert F , Granger C W J 
Published: October 2023

Abstract
The relationship between co-integration and error correction models, first suggested in Granger (1981), is here extended and used to develop estimation procedures, tests, and empirical examples. If each element of a vector of time series x,tfirst achieves stationarity after differencing, but a linear combination α ′x, is already stationary, the time series x,tare said to be co-integrated with co-integrating vector α. There may be several such co-integrating vectors so that α becomes a matrix. Interpreting α ′ x,t = 0 as a long run equilibrium, co-integration implies that deviations from equilibrium are stationary, with finite variance, even though the series themselves are nonstationary and have infinite variance.
Cointegrated Economic Time Series: An Overview with New Results
Authors: Engle Robert F , Yoo B Sam 
Published: October 2023

Abstract
This paper surveys the theoretical developments surrounding cointegrated systems. It discusses the representation, estimation, and testing of such systems. By using the Smith-McMillan-Yoo decomposition of polynomial matrices, the paper directly extends this analysis to the case of multiple unit roots, complex or seasonal unit roots, and multiple cointegrating vectors. A new and careful analysis of the case of I(2) cointegration is presented which coincides with Granger’s multicointegration and with Hendry and von Ungern Sternberg’s integral control mechanism.
Some Recent Generalizations of Cointegration and the Analysis of Long-Run Relationships
Authors: Granger Clive W J 
Published: October 2023

Abstract
In the form usually discussed and tested in the economics literature the basic building blocks of cointegration are a pair of Z(l) series x t, y t, such that there is a unique combination x t= y t—Ay t that is stationary (or I(0)).
Arguments on Privatization
Authors: Bos Dieter 
Published: October 2023

Abstract
Great Britain and France are the pioneers in the present wave of privatization in Western European economies. In Great Britain vital industries like telecommunications, gas, and electricity have been sold to the public. In France large industrial and financial conglomerates have constituted the main bulk of privatized enterprises. Other countries have been more hesitant to follow suit. West Germany, Italy, and the Netherlands have started to sell parts of the shares they hold in various industrial companies or banks. In these countries nobody seriously considers privatizing large public utilities like telecommunications and postal services. If the public utilities are considered inefficient, programs of internal reorganization are launched instead of programs of privatization (as, for instance, with the telecommunications and postal services in West Germany and the Netherlands). Some other European countries, such as Belgium, the Scandinavian countries, and Austria, even lag behind Germany, Italy, or the Netherlands in privatization. Sweden and Denmark do not privatize because traditionally in these social democratic countries not too many firms have been nationalized. Austria hesitated in privatizing for a long time, in spite of its large sector of nationalized enterprises; meanwhile, however, major privatizations are being planned for the next years.
Market Allocation in the Transition from Public to Private Firms
Authors: Bos Dieter 
Published: October 2023

Abstract
Full privatization means that the government withdraws from the direct economic engagement involved in public ownership. This may imply a transition to an indirect engagement via regulation or even to the complete renunciation of the government’s engagement in the firm’s activities. The government’s complete withdrawal is appropriate if unregulated markets bring about socially desirable results.
Partial Privatization
Authors: Bos Dieter 
Published: October 2023

Abstract
A partially privatized firm is owned partly by private shareholders and partly by the government. In that case there are two possible scenarios which depict the role of the government. In the first the government remains totally inactive, leaving the role of the principal to the private shareholders. The government accepts that the firm maximizes profit (or the value of the firm). As a sort of silent partner, the government confines itself to receiving the dividends from its shares. This scenario holds in particular if the partial privatization is perceived as a transitory state, which can happen quite easily if capital market constraints make it impossible to sell the privatized firm in one step. This would induce the existence of a partially privatized firm between the first and the last step of privatization. The government is interested in receiving a good price from selling its remaining shares in the firm in the further steps of privatization. Consequently, it wants the firm to realize a high profit, which implies a high value of the firm, which, in turn, is the basis of a high share offer price in forthcoming privatization steps. Another explanation of this scenario pertains to firms in a competitive market, for example automobile firms. If the market were perfectly competitive, profit maximization would mean welfare maximization, in which case the interests of private and public owners would simply coincide. If competition is very intense, although not perfect, profit maximization might be perceived by the government as a good approximation of welfare maximization.
The Allocative Basic Features of Welfare-Optimal Privatization
Authors: Bos Dieter 
Published: October 2023

Abstract
For explanatory clearness, in this chapter we exclude income taxtion from our analysis and assume that the government expenditures are exogenously fixed at some positive level The exclusion of endogenous fiscal policy and of any income effects allows us to concentrate on the ‘pure’ consequences of choosing a welfare-optimal degree of privatization 8. The distribution of the shares is irrelevant because there are no income effects. The issue price of the shares is always equated to the profit of the firm, which is distributed as dividend payments.
Keynes and the State
Authors: Skidelsky* Robert 
Published: October 2023

Abstract
Helm (this volume) has rightly pointed out that in the design of economic policy, it is not enough to point to market failure as a justification for government intervention. The costs of market failure have to be balanced against those of government failure. One of the main criticisms of Keynes is that he failed to take the possibility of the latter seriously. For example, Harris ( 1955, p. 79) accused him of failing to ‘reconcile his dislike and distrust of politicians with his determination to thrust upon government serious additional responsibilities’.
The Limits of Laissez-Faire
Authors: Tomlinson Jim 
Published: October 2023

Abstract
This chapter summarizes the development of government policy on industry up to the end of the nineteenth century. It might be thought this would result in a very short chapter: wasn ‘t the nineteenth century the age of laissez-faire of the ‘nightwatchman state ‘, and therefore largely devoid of government policy on industry? Such a view is by no means absurd, but this chapter attempts to qualify it in three ways. First, by stressing that almost any sensible interpretation of laissez-faire recognizes that the state has to play some positive role and therefore necessarily has to take some actions which affect industry. Second, by detailing some minor but noteworthy shifts in policy towards the end of the nineteenth century. Third, by discussing the shifts in the intellectual, political as well as economic climate towards the end of the 1800s which are significant for what was to follow in the new century.
1970-1979: Stagflation and Surrender
Authors: Tomlinson Jim 
Published: October 2023

Abstract
The adage that history is written by the victors applies very strongly to the economic history of the 1970s. In the immediate aftermath of the sharp reversal of economic policy after 1979 accounts appeared which tried to present events in the previous years as so dire as both requiring and justifying a radical new departure (e.g. Holmes 1985). Plainly, in terms of most policy objectives, the 1970s represented a clear deterioration compared with the experience of the previous twenty-five years. Inflation rose to its post-war peak of 25 per cent in 1975; unemployment grew sharply, especially in the period 1974-6, when it passed the one million mark; output growth slowed to under 1 per cent per annum, and the visible account of the balance of payments saw the worst post-war deficit in 1974. These were not years of high achievement.
Class, Underclass, and Poverty
Authors: Nolan Brian , Whelan Christopher T 
Published: October 2023

Abstract
The concept of ‘the underclass’, or, as it is most frequently applied, the ‘urban underclass’, has generated the most vigorous debate on the nature of poverty in the USA since the 1960s. It is a term, as Peterson (1991) notes, that can appeal to conservatives, liberals, and radicals alike. Conservatives can focus on dependency culture and rational behaviour. Radicals can identify a group shaped and dominated by macroeconomic and political forces but denied a productive role. Liberals can direct their attention to the contrast between mainstream America and marginalized groups. Analyses of the urban underclass have had a major influence on the debate on ‘visions of poverty’ and the appropriate vocabulary of poverty. Perhaps the most influential contribution has been Charles Murray’s (1984) Losing Ground. Murray’s book formed part of the onslaught of the radical right. For Murray the underclass is a consequence of the perverse interventions of the welfare state and, in particular, of policies that seduce in the short term but have the long-term consequence of creating a dependency culture. While Murray’s explanation has a clear cultural component, it must be distinguished from the culture-of-poverty explanations of anthropologists. In the USA such explanations can lead to a focus on the roots of the black underclass in the rural south (Marks 1991: 451).
Nutritional Constraints on Human Resources
Authors: WATERLOW J C 
Published: October 2023

Abstract
As I understand it, the phrase “human resources” covers both the number of human beings that exist or could exist in the world and their capacity for leading a produc tive and healthy life. “Nutritional constraints” means the extent to which food supply limits the numbers of people and their quality of life. I shall concentrate on the second aspect-productivity and quality of life. Our nutritional state depends on an adequate supply of energy and of many different nutrients, which can conveniently be divided into two groups. The first group consists of the vitamins and essential minerals, the second energy and protein. I do not emphasize the first group in what follows. Certainly, large numbers of people in the world suffer from deficiencies of vitamin A, iron, and iodine, and possibly of zinc and selenium. From time to time there are epidemic outbreaks of deficiency diseases; a recent example is pellagra in refugees from Mozambique. However, these deficiencies could in principle be eliminated or prevented. The constraint is not the total supply available in the world. The minerals are plentiful and cheap; the vitamins can be manufactured, though perhaps not so cheaply. The constraints are economic and in the operational costs of distribution. There are many successful programs around the world for combating these deficiencies, and I think that these programs could be extended to any size of population if the political will existed.