bluuebunny/crossref_metadata_2025_split huggingface dataset:
Standards of Proof
Authors: Murphy Peter 
Published: November 2023

Abstract
If the conclusion to which you are conducted be that there is that degree of certainty in the case which you would act upon in your own grave and important concerns, that is the degree of certainty which the law requires and which will justify you in returning a verdict of guilty. Philosophers of law have therefore tended to seek an elucidation of juridical standards of proof in terms of some overall theory of probability. Like jurymen they have modelled their conception of probability within a law court upon their conception of probability outside it.
Theories of Probability
Authors: Murphy Peter 
Published: November 2023

Abstract
The understanding faculties being given to man, not barely for speculation, but also for the conduct of his life, man would be at a great loss, if he had nothing to direct him, but what has the certainty of true knowledge. For that being very short and scanty, as we have seen, he would be often utterly in the dark, and in most of the actions of his life, perfectly at a stand, had he nothing to guide him in the absence of clear and certain knowledge. He that will not eat, till he has demonstration that it will nourish him; he that will not stir, till he infallibly knows the business he goes about will succeed, will have little else to do, but sit still and perish.
Probability: Mathematical and Non-Mathematical Models
Authors: Murphy Peter 
Published: November 2023

Abstract
It is obvious, too, that even when the probabilities are derived from observation and experiment, a very slight improvement in the data, by better observations, or by taking into fuller consideration the special circumstances of the case, is of more use than the most elaborate application of the calculus to probabilities founded on the data in their previous state of inferiority. The neglect of this obvious reflection has given rise to misapplications of the calculus of probabilities which have made it the real opprobrium of mathematics. It is sufficient to refer to the applications made of it to the credibility of witnesses, and to the correctness of the verdicts of juries.
Alternative Epistemologies of Evidence
Authors: Murphy Peter 
Published: November 2023

Abstract
First then we observe that some things always come to pass in the same way, and others for the most part. It is clearly of neither of these that chance is said to be the cause, nor can the ‘effect of chance’ be identified with any of the things that come to pass by necessity and always, or for the most part. But as there is a third class of events besides these two-events which all say are ‘by chance’-it is plain that there is such a thing as chance and spontaneity; for we know that things of this kind are due to chance and that things due to chance are of this kind.
Conclusion: How to Be Estonian
Authors: Rausing Sigrid 
Published: November 2023

Abstract
The history teacher on the collective farm once told me a joke about the Estonian definition of hell: a group of Latvians sitting around the campfire with their arms around each other singing. Anyone who has spent any time in Estonia immediately understands this joke: it encapsulates the ironic and aloof apartness of the Estonians, primarily in relation to the Russians but also to the Latvians and Lithuanians, who are regarded as inhabiting a similarly sentimental and excessive, although less brutal, universe.
Bail in Criminal Proceedings
Authors: Corre Neil , Wolchover David 
Published: November 2023

Abstract
The question of bail arises every time a case is adjourned and the accused is remanded. This key text provides a uniquely comprehensive account of the law, practice, and procedure governing bail at every stage in an action from the police station to the House of Lords. It includes the relevant legislation and procedural rules, case law, and also offers guidance on ethics as well as research findings in this area. This new edition has been completely updated to take account of major changes introduced by the forthcoming Criminal Justice Act.
Surety and Security
Authors: Corre Neil , Wolchover David 
Published: November 2023

Abstract
In contrast with the power, created by statute in 1967, to impose unspecified conditions of bail, the requirement to find a surety or sureties as a condition for release on bail is as old as bail itself. Indeed, historically, sureties are intrinsic to the very term ‘bail’; in the 17th century Hale defined the latter as ‘the delivery of a person out of custody into the custody of sureties’ (Pleas of the Crown, 2 vols, i, 96; the treatise was first printed in 1736 from a manuscript by the author, who died in 1680). The word ‘surety’ means a person who undertakes to be made responsible for another and sureties for bail are required to undertake to be responsible for the surrendering of the bailed person to custody on pain of being liable to forfeit the sum of money fixed beforehand by the bailing authority as a condition of releasing the person on bail.
Failing to Surrender and Breaching Conditions
Authors: Corre Neil , Wolchover David 
Published: November 2023

Abstract
The counterpart of the right to bail is self-evidently a duty of the bailed person to surrender to custody at the appointed time and this is expressly written into the BA 1976, s. 3(1) of which provides: ‘A person granted bail in criminal proceedings shall be under a duty to surrender to custody . . .’
The duty is enforceable in two ways. The first is by arresting the absconder. A person bailed by the police under a duty to surrender to a constable may be arrested without a warrant: PACE 1984, s. 46A.
The Principles of Arbitration
Authors: Tweeddale Andrew , Tweeddale Keren 
Published: November 2023

Abstract
There is no universal definition of arbitration. Within different legal systems the arbitration process is carried out in different ways and subject to different legal rules. Each jurisdiction may apply its own ‘spin’ in deciding what may and what may not be arbitrated, who may arbitrate, and how the arbitral process is to be conducted. Arbitration rules, which the parties may have adopted, will also influence the conduct of the arbitration and the parties themselves may agree specific provisions.
The Arbitral Tribunal and Jurisdiction
Authors: Tweeddale Andrew , Tweeddale Keren 
Published: November 2023

Abstract
The services that the arbitral tribunal provide have been stated as being ‘principally and habitually those of settling a dispute between two or more parties, even though this is done on an equitable basis’.1 The relationship between the parties and the arbitral tribunal is founded out of a contract and it is from this contract that the arbitral tribunal derives its jurisdiction. As stated in Ashville Investments v Elmer Contractors:2 ‘A non-statutory arbitrator derives his jurisdiction from the agreement of the parties at whose instance he is appointed. He has such jurisdiction as they agree to give him and none that they do not.’ Although the arbitral tribunal is a creature of contract its role is judicial. As such its jurisdiction to hear and resolve disputes is tempered by national laws. The right to hear and resolve disputes involves an ouster of the courts’ jurisdiction. Historically, the courts permitted this ouster on condition that minimum safeguards were imposed. In England this involved, amongst other things, the court having ultimate jurisdiction over any question of law.More modern arbitration legislation, both in England and internationally, requires that the arbitral tribunal acts fairly and impartially and that the courts at the seat of the arbitration have the power to set aside an award where these principles of due process are breached.
Preliminary Proceedings
Authors: Tweeddale Andrew , Tweeddale Keren 
Published: November 2023

Abstract
The arbitral tribunal’s main task is to provide an enforceable decision to the 8.01 parties in dispute. The arbitral tribunal is required to apply any rules that the parties have adopted and comply with any mandatory rules of the seat of the arbitration. The arbitral tribunal, in reaching its decision, must adopt a procedure which is speedy, cost effective, and fair. At the outset the control of the arbitration is in the hands of the parties who choose the seat of the arbitration and any rules under which the arbitration is to be conducted. However, once the arbitral tribunal has been appointed, some control over the arbitration will pass to the arbitral tribunal. The following sections consider the initial stages of the arbitration focusing on the autonomy of the parties, the commencement of the arbitration and the conduct of preliminary meetings.
The Parties
Authors: Tweeddale Andrew , Tweeddale Keren 
Published: November 2023

Abstract
A party to an arbitration agreement to which Part I of the Arbitration Act 1996 19.01 applies includes ‘any person claiming under or through a party to the agreement’.1 The word ‘person’ refers to individuals and any body of persons corporate or unincorporated.2 The words ‘any person claiming under or through a party to an agreement’ also cover circumstances where the interest of a party to an arbitration has passed to some other person through death, bankruptcy, voluntary assignment, or, for example, by ‘name borrowing’.3 Unless the parties agree otherwise any arbitration award is final and binding both on the parties and also on any persons claiming through or under them.
Incorporating the Arbitration Agreement
Authors: Tweeddale Andrew , Tweeddale Keren 
Published: November 2023

Abstract
Parties may enter into an agreement which of itself does not contain an arbitration clause but which refers to an arbitration clause in another contract or document. The reference may be to set of standard terms and conditions that include an arbitration clause or to another contract containing an ad hoc arbitration agreement. The courts have been inconsistent in their approach to the question of whether the reference to another contract has the effect of incorporating the arbitration clause from that other contract into the parties’ agreement. The modern approach is to look at the intent of the parties. Express words referring to the arbitration agreement will be sufficient to incorporate the arbitration agreement from the other contract into the parties’ agreement. General words referring simply to the ‘terms and conditions’ of the other contract may not be sufficient. However, where the parties are aware that the other contract contains an arbitration agreement then this may be significant in showing that the parties intended the arbitration clause to be incorporated into their agreement.
Powers of the Arbitral Tribunal in Respect of the Award
Authors: Tweeddale Andrew , Tweeddale Keren 
Published: November 2023

Abstract
The remedies that are available to the arbitral tribunal are set out in section 48 of the Arbitration Act 1996. The provision is new although it is based in part on section 15 of the Arbitration Act 1950. There is no comparable section within the United Nations Commission on International Trade Law (UNCITRAL) Model Law. The section is non-mandatory in that the parties are free to agree what remedies the arbitral tribunal should possess.1 In default of such an agreement, section 48(2) of the Arbitration Act 1996 provides that the powers contained in section 48(3) to (5) of the Arbitration Act 1996 apply. The parties are not confined to conferring on the arbitral tribunal the same powers as are exercisable by the court,2 although an award containing powers greater than those possessed by the court may be in practice difficult to enforce under section 66 of the Arbitration Act 1996. Section 48(3) of the Arbitration Act 1996 provides that: ‘The tribunal may make a declaration as to any matter to be determined in the proceedings.’ This section gives an arbitral tribunal the power to decide the precise meaning of the terms of a contract where they are contested or to state the meaning of a clause within a contract. It may be the case that a declaratory award will be sought as a partial award within the dispute as it may assist the parties to reach a settlement on the outstanding matters.
Terms of Reference in an International Arbitration Conducted Under the ICC Rules of Arbitration
Authors: Tweeddale Andrew , Tweeddale Keren 
Published: November 2023

Abstract
On 1 January 2000 the Respondent entered into an agreement with the Energy and Development Department of the Government of [name of country] in which the Respondent was appointed as project company for the design, construction and management of a power plant in [name of location] for a thirty year period (the ‘Project Agreement’).
Pleadings and Awards
Authors: Tweeddale Andrew , Tweeddale Keren 
Published: November 2023

Abstract
Whiteacre and Greenacre entered into a Building Contract dated [date] for the design, execution, completion and commissioning of a hotel and leisure complex at [location]. The Building Contract contained an arbitration clause at clause [ ]. The parties entered into a Supplemental Agreement dated [date] wherein they agreed a revised completion date for the works to [date]. The parties subsequently entered into a further Supplemental Agreement dated [date] wherein they agreed a further revised completion date for the works to [date].
Duties And Liabilities Of The Auctioneer
Authors: Frsa Brian W Harvey , Llb Franklin Meisel 
Published: November 2023

Abstract
We have seen that the authority of an auctioneer and his rights will depend ultimately upon the precise terms of the contract with his principal within the framework of the general rules of common law, in particular, the law of agency. The same is true as regards his duties and liabilities. Some specific duties will be provided for expressly in his contract but, in addition, the law lays down a number of general obligations concomitant with the agency relationship.
Conditions Of Sale Affecting Buyers And Bidders
Authors: Frsa Brian W Harvey , Llb Franklin Meisel 
Published: November 2023

Abstract
The importance of Conditions of Sale in the conduct of an auction cannot be overestimated. Conditions of Sale form the flesh on the bones of the law of auctions. Their primary purpose, traditionally, has been to govern the relationship between the seller (and his agent, the auctioneer) on the one hand and the successful buyer on the other. It is this relationship, imposed primarily by the law of contract and of sale of goods (in cases other than land) between the seller and the buyer that needs particularly careful exploration. Modern Conditions of Sale very often include conditions particularly appropriate to the relationship between the auctioneer and the seller as well. The contractual effect of these is reached by a different route. They form part of an ordinary business contract, between the seller and the auctioneer as his agent, made well before the auction. The contractual stipulations, if binding, will confirm or modify the position of the seller as it would have been according to ordinary principles of the law of agency and contract explored earlier in this book. Whilst conditions affecting sellers must dovetail with those affecting buyers, the two sets of rules must be kept separate to avoid confusion.
Criminal Practices At Auctions And Their Consequences
Authors: Frsa Brian W Harvey , Llb Franklin Meisel 
Published: November 2023

Abstract
Mock auctions have little to do with the activities of genuine auctioneers. A hall is hired, a carnival atmosphere created, and as Kenneth Jones J stated in R v Ingram:The average holiday-maker going into one of these premises with his eyes open would realise that these proceedings were as much to do with a true auction as visiting a shooting gallery further down the street is to do with participation in the rifle championships at Bisley. In a short but useful article, A T H Smith describes the history of mock auctions and the reasons for a protective legislation. Drawing on the debates which have taken place from time to time on this matter, he describes a typical mock auction as follows:A man working outside a booth (the ‘pitchgetter’) would encourage passers-by to enter. When a large enough crowd had gathered inside, another man (the ‘top man’) would sell (either genuinely, or to an accomplice) a comparatively valuable article at a give-away price. The audience were showered with gifts and then invited to show their willingness to participate in an auction by buying an unopened packet (a ‘nailer’)—those unwilling to do so were then sent away.
Sales By Vendors In Special Positions
Authors: Frsa Brian W Harvey , Llb Franklin Meisel 
Published: November 2023

Abstract
In normal cases there is a choice open to the buyer. He may either proceed to dispose of his goods by private treaty or by auction. For the vendor who is in a fiduciary or quasi-fiduciary position, this choice may not exist, or, if it does, the choice may be circumscribed. In some cases a sale by auction may be prescribed by statute. Trustees, mortgagees, pawnbrokers and public and court authorities are all examples of vendors who do not own the property beneficially (at least in its entirety) and may be under a fiduciary duty to obtain the best price reasonably obtainable. Each will be taken in turn. Trustees are under an overriding duty to obtain for their beneficiaries the best price reasonably obtainable. Under modern law trustees are not, however, obliged to sell by auction. For instance, s 12 of the Trustee Act 1925 states that trustees may ‘sell or concur with any other person in selling all or any part of the property, either subject to prior charges or not, and either together or in lots, by public auction or by private contract’. Nevertheless, particularly in the case of collections of chattels which are trust property, trustees (and executors and administrators) will be likely to choose the auction method so as to demonstrate that they have obtained the best possible price. This applies both to trustees of private trusts and of charitable trusts.
The Ec Law Dimension
Authors: Gordon Richard 
Published: November 2023

Abstract
As explained in Chapter 1, there are distinctive features of EC law requiring careful consideration before a case can be identified as one in respect of which EC domestic public law challenges (most usually in Administrative Court proceedings) are appropriate. This chapter refers back to a number of concepts outlined in Chapter 1, and introduces others, so as to examine the general relationship between EC law on the one hand and domestic law (including the HRA) on the other in domestic public law cases. The most basic principle is that an EC domestic public law challenge—whether brought in its own right or as part of a challenge overlapping with domestic or HRA grounds of.
Bringing An Ec Law Judicial Review Challenge In The Administrative Court
Authors: Gordon Richard 
Published: November 2023

Abstract
General 3.123 Interim relief in EC challenges to administrative decisions generally 3.126 Interim relief requiring the suspension Uncertainty and the effectiveness/legal Undertakings as to damages in EC interim relief cases 3.143 Much, perhaps the majority of, EC law imposes individually enforceable obligations on the State and, as emanations of the State, on its public authorities. As such, and as Chapters 1 and 2 have been designed to show, EC law now plays an increasingly important role in domestic public law and, in particular, judicial review.
State Aid And Competition
Authors: Gordon Richard 
Published: November 2023

Abstract
The state aid provisions of the EC Treaty are contained in Articles 87 and 88. They prohibit the State from distorting competition by aiding undertakings unless the aid has been notified to, and approved by, the European Commission. Articles 81 and 82 of the Treaty prohibit undertakings from distorting competition by concluding anti-competitive agreements or abusing a dominant position. Although the two sets of provisions (respectively, state aid and competition) complement each other, state aid, properly understood, forms a sub-set of the competition rules contained in the EC
Public Procurement
Authors: Gordon Richard 
Published: November 2023

Abstract
EC public procurement is concerned with ensuring that public contracts of specified types are awarded on a fair, competitive and transparent basis. The term ‘public procurement’ refers to functions exercisable by a public authority of purchasing goods, works, and/or services from a third party. The EC public procurement regime which has recently been There are also a number of special cases which are caught by the EC public procurement regime but are not considered here such as contracts subsidized by public authorities but awarded by private bodies. Further, the definition of a public authority (‘contracting authority’) is one derived from EC law and may encompass bodies that would, in national law, be termed a ‘private’ as opposed to a ‘public’ body.
Discrimination
Authors: Gordon Richard 
Published: November 2023

Abstract
EC discrimination restrictions have been developed, primarily, from rules prohibiting sex discrimination in relation to employment situations. They have been expanded in recent years to include other important areas such as race and disability (again, often in the context of employment). In turn, the original rules have been updated in line with the new and expanded protection given to those other areas. Frequently, discrimination involves domestic public law issues. This is not least because the principle of equal treatment is a general principle of EC law which applies generally to the interpretation of EC legislation and domestic legislation that is founded in EC law. As such, in an EC public law case familiarity with the substantive principles protecting against discriminatory treatment is of some importance.
Public Law Collateral Challenges And Article 234 References
Authors: Gordon Richard 
Published: November 2023

Abstract
EC public law issues often arise in the course of proceedings outside domestic judicial review in the Administrative Court or other public law proceedings. As explained in the context of damages claims involving allegations of State liability for breaches of EC law, although a challenge to the validity of a legislative or administrative act might have been brought directly by way of judicial review, there is no general jurisdictional bar preventing an EC (or any other public law) challenge to such act being raised indirectly in the course of other court proceedings. Indirect challenges of this nature are often referred to as collateral challenges as opposed to the direct challenge that would be involved in proceedings for judicial review or other
Anatomy of the Story
Authors: Dudbridge Glen 
Published: November 2023

Abstract
Looking back through this written tradition we find the Miaoshan story gaining and losing episodes and details as it passes through different circumstances. At several points we have tried to explain additions and changes in relation to their context, and we shall attempt before long to form a broad impression of the story’s course of development. But the whole process begins with a given, ready-made version of the story at a fixed point in time—January 1100. The evidence offers nothing earlier. If we wish to learn something of the composition of that first, basic document we must turn to internal evidence.