bluuebunny/crossref_metadata_2025_split huggingface dataset:
Polish Society: The Rise of the New Middle Class
Authors: Kurczewski Jacek 
Published: November 2023

Abstract
What happened between 1970 and 1980 cannot be left to the arcana of the political game within the top levels of the party bureaucracy nor to the permanent undermining of the system by the professional scepticism and defiance on the part of intellectuals. External forces, from both East and West, were creating the frame that shaped the history of the whole region, and not only in Poland. The Polish evolution was important not because it was metaphysically unique but because here the social process, potentially universal, came to the fore with full force much earlier, and influenced thus both Polish history and the further developments in the region.
Daily Conflicts
Authors: Kurczewski Jacek 
Published: November 2023

Abstract
A well-established tradition of social science tells us to look for a key to understand the character of social life, if not to grasp the essence of it, in conflicts between people. Modem social sciences, on the other hand, point to the theoretical tension between the sphere of direct human experience that is conventionally described as the microsociological and the sphere of social events at the upper level of modem society in the form of political, economic, or cultural institutions within which the life of millions takes place. One often hears that focusing reflective and investigative attention on the first set of events prevents realization of the way they are determined by the events that take place on the larger scale, while on the other hand complaints are made that a perspective on society from above makes it impossible to observe successes and failures actually experienced by human beings in their common everyday existence.
Union Democracy in Action: A Meeting
Authors: Kurczewski Jacek 
Published: November 2023

Abstract
The purpose of this chapter is to look more closely into the procedural democracy practised by Solidarity as it emerged in 1980. Though such organizational rules are defined at the macro-level, the debate about democracy within the organization resulted from the experience of individuals in the concrete situations of elections, ballots, meetings, debates, and the like. It seems obvious, therefore, that however carefully we study the various rules, and practices, at the institutionalized level, this cannot be divorced from observation of the organization as it evolves day by day.
Self-Limited Freedom of Market: Food Rationing
Authors: Kurczewski Jacek 
Published: November 2023

Abstract
Calls for political freedoms and democracy were stressed in foreign media coverage of Polish events because the conflict within Polish society was translated into the terms of international politics as a conflict between democracy and Communism. For Poles themselves it was seen rather as a conflict between society and the Communist, whether Polish or Soviet. Poles thus also internationalized (or rather externalized) the conflict. In both cases the Soviet Union was commonly held to be the main protagonist in the political drama of Polish society.
Daily Bread and Liberation
Authors: Kurczewski Jacek 
Published: November 2023

Abstract
In 1984–6 at the Warsaw branch of the Polish Sociological Association, I held an open seminar on ‘Memoirs of Everyday Life’. It was based on two working assumptions. First, every problem to be discussed had to be a natural phenomenon, something which can be sensed intuitively but requires further explication. Secondly, that the problem should in turn become the subject of independent investigation carried out in various ways in order to overcome the dominance of the standardized questionnaire so typical of Polish sociology since the late 1950s.
The Constitution of the Heart
Authors: Kurczewski Jacek 
Published: November 2023

Abstract
Why should matters like the queue be studied, apan from the natural duty of the sociologist to document all social reality? I think it is because in the processes of this ‘economy of everyday life’ one can find explanations of other processes. When long go with Kazimierz Frieske, we studied the web of relationships between the socialist enterprises in Poland, we realized that, contrary to what all textbooks on the socialist economy and economic law say about the so-called ‘second economy’, it is in reality the most normal pan of life without which economic life would be impossible. Independent of the legal duty of co-operation between state enterprises according to laboriously prepared plans, the economic relations between enterprises in the socialist economy were closest to the functioning of the Melanesian economy based upon the reciprocity principle, as described by Bronislaw Malinowski, and Richard Thurnwald. Managers of socialist industry themselves explained to us how reciprocity of goods, services, and sanctions may result in efficient functioning, though this differs from that assumed by the official plans for the economy of the country.
Introduction
Authors: Roper Michael 
Published: November 2023

Abstract
The term ‘organization man’ was coined by business commentators in the 1950s to describe the growing armies of career managers in public corporations. Its ambiguity captures the central problem of this book. While the word ‘man’ implies a common humanity including women and men, the image evoked by writers like C. W. Mills of ‘the salaried bureaucrat, with brief case and slide rule’ is at the same time undeniably masculine.
The Psychic Realm of Business
Authors: Roper Michael 
Published: November 2023

Abstract
‘Business’ and’masculinity’ may seem at first sight to be only distantly related terms. Whilst business is an activity carried out in logically structured organizations for financial gain, ‘masculinity’ describes the gender attributes associated with men. Yet masculinity is visible in a variety of business domains: in the images of potency and emasculation used by journalists, economists, or even historians to depict economic activity; in the ‘macho’ ethos found in male dominated industries such as manufacturing; and in the thrusting language used by individual managers when describing their work, Managers live out particular gender identities in the work they do, influencing the conduct of business in the process and how it is rep resented as a social category. In an influential essay, ‘Gender: A Useful Category of Historical Analysis’, the historian Joan Scott pro poses a definition of gender that encompasses these different aspects. She emphasizes its role in signifying power relations, and suggests that it has a number of linked elements. One concerns the manipulation of cultural symbols, and the norms which confer meaning on these symbols. Another concerns social institutions such as the economy, work organizations, marriage, and family.
The Eclipse of Family Capitalism
Authors: Roper Michael 
Published: November 2023

Abstract
The generation of managers in this study began their careers just as the slow decline of family capitalism in Britain began to accelerate. During the post-war years industrial capital became more concentrated, as smaller, often owner-managed firms merged or were taken over, to become publicly owned enterprises run by salaried managers. While the 100 largest companies in 1970 accounted for 45 per cent of manufacturing output, in 1948, just twenty years earlier, they had accounted for 21 per cent of output.2 A succession of merger waves beginning in the 1920s meant that, by the end of the 1960s, the ownership of capital had become well and truly separated from managerial control. Where managers had once funded their businesses largely with personal or family capital, by 1969 the chairmen of the top 100 British firms owned a mere 2 per cent of equity in the firms they managed. Career managers had succeeded entrepreneurs and inheritors.
A
Authors: Toth A G 
Published: November 2023

Abstract
Art. 82 EC prohibits as incompatible with the common market any ‘abuse’ by one or more undertakings of a dominant position within the common market or in a substantial part of it insofar as it may affect trade between Member States. For this prohibition to apply, three elements must be present simultaneously: the existence of a dominant position, the abuse of this position, and the possibility that trade between Member States may thereby be affected (see e.g. Case 24/67 Parke, Davis [1968] ECR 55 at p. 72; Case 40/70 Sirena [1971] ECR 69 at p. 83. For a discussion of the first and third elements, see further under Dominant position, Effect on trade between Member States).
E
Authors: Toth A G 
Published: November 2023

Abstract
One of the conditions for the application of Arts. 81 and 82 EC is that the anti-competitive conduct prohibited by them (i.e. restriction of competition and abuse of a dominant position within the common market) must ‘affect trade between Member States’. According to the Court of Justice, this condition must be interpreted and applied in the light of its purpose, which is to determine the respective scope of application of Community and national competition law. Thus, Community law covers any agreement or any practice which is capable of constituting a threat to freedom of trade between Member States in a manner which might harm the attainment of the objectives of a single market between the Member States, in particular by partitioning the national markets or by affecting the structure of competition within the common market. On the other hand conduct the effects of which are confined to the territory of a single Member State is governed by the national legal order (Case 22/78 Hugin v. Commission [1979] ECR 1869 at p. 1899. Similar statements can be found in most of the cases cited below). Consequently, it is only to the extent to which an agreement, decision or concerted practice or an abuse of a dominant position may affect trade between Member States that it falls within the prohibition of Community law; otherwise it escapes that prohibition (Case 56/65 Société Technique Minière [1966] ECR 235 at p. 249; Cases 56/64 etc. Consten and Grundig v. Commission [1966] ECR 299 at p. 341). Thus, the effect on trade criterion is basically a jurisdictional criterion, which defines the scope of application of Community competition law.
Equity Between Early and Subsequent Arrivals
Authors: Ian Brownlie Q C , Brookfield F M 
Published: November 2023

Abstract
The subject of these lectures is essentially the question of equity, justice, or fair dealing, between two groups which can be differentiated on the basis that one group consists of early arrivals and the other of subsequent arrivals. The question may be asked, how can this be a subject worth special examination? If a State is democratic in practice and subject to the rule of law, then each individual within it will enjoy his or her modicum of freedom, and the recognition of the rights of the individual guarantees an absence of problems. But, in the case of New Zealand, there are three dimensions to be added. The first is the existence of a group claiming a separate identity and the recognition of this claim within the prevailing political.
Prologue
Authors: Robins David 
Published: November 2023

Abstract
In the shadow of the gaunt tower blocks of the Satellite Estate, Wayne Robinson, 23, stamps up and down the Parade, the estate’s dilapidated shopping precinct. Sometimes he stops abruptly midstride and shakes a fist at the steel-mesh shutters of a disused shop front which once housed the Lee Ho Fung Chinese Takeaway. Then he carries on marching rigidly up and down the precinct, as passersby swerve to avoid him. One evening a few years previously an elderly Chinese man who once worked at the takeaway was beaten to death while waiting for a lift to take him to his flat in one of the tower blocks on the Estate. Wayne Robinson, unemployed, with a history of acute disordered behaviour, had been sighted in the vicinity. He was visited by the police at home, and then taken to the Police Station, where he was closely interrogated about this ‘mugging that went wrong’.
Conclusion
Authors: Robins David 
Published: November 2023

Abstract
This story of the rise and fall of a community organization against a background of crime and delinquency took place in the 1980s, a decade when the effect of austere Government economic policies was to exacerbate poverty and unemployment and help create the conditions for a generation hooked on criminality. There was a 25 per cent increase in the prison population and a massive expansion in youth training and temporary employment programmes. A host of gimmicky wealth creation schemes were launched at a succession of glitzy press conferences, and appeals were made to the hidden business potential of people struggling to survive in run-down urban areas. Enterprise initiatives were hyped up and oversold to funding agencies. Rhetoric evaded reality.
Pornography and Child Sexual Abuse
Authors: Kelly Liz 
Published: November 2023

Abstract
The sex industry relies upon, and trades in, all forms of inequality; children’s powerlessness makes them a particular target. Yet in feminist analyses of, and campaigning against, pornography relatively little attention has been paid to child pornography. For example, in a recent British publication, Feminism and Censorship, 1 not one of the pieces (including my own) mentions children or child pornography. The only explicit attempt to explain this absence which I have encountered was made by Susan Cole.2 She argued that focusing on child pornography was too easy, since there was a general consensus about the harm involved, and our task was to demonstrate that there was a problem in relation to adult women.
Sourcing Information Technology Capability: A Framework for Decision-Making
Authors: Lacity Mary C , Willcocks, Leslie P , Feeny David F 
Published: November 2023

Abstract
In the years since Eastman Kodak in 1989 announced that it was outsourcing its entire IT function, an important change has taken place in the sourcing of IT activity. Most visibly, senior executives of other Fortune 500 companies have followed Kodak’s example and signed long-term contracts worth hundreds of millions of dollars with IT outsourcing ‘partners’. Examples include Continental Airlines, Continental Bank, Enron, First City, General Dynamics, McDonell Douglas, and Xerox (for details see Ambrosio 1991; Hamilton 1989; Hopper 1990; Huber 1993; Mehler 1992). In the UK, large organizations such as British Aerospace, BP Exploration, the Inland Revenue, and Philips Electronics have followed suit (see Willcocks and Fitzgerald 1994). CIOs and other prominent members of the IT community have responded with warnings of the dangers of surrendering management control of a ‘strategic asset’ (Bergstrom 1991; Buck-Lew 1992; Ganz 1990; Krass 1990). In many cases, these predictions have proved valid, with ‘strategic partnerships’ experiencing severe problems. Some companies have paid out huge sums to extricate themselves from contracts and rebuild their in-house capability (for a discussion see Lacity and Hirschheim 1993a and Willcocks 1995). On the other hand, CIOs who have adamantly refused to deal with outsourcing vendors have met personal misfortune when their own organizations have failed to demonstrate value for money. These high-profile events have tended to obscure the real phenomenon, a significant and irreversible move to what we call the selective sourcing of IT activity.
England Rejects ‘Delocalized’ Contracts and Arbitration
Authors: Mann F A 
Published: November 2023

Abstract
At first sight the decision of the House of Lords (Lord Diplock with whom Lord Roskill, Lord Brandon of Oakbrook, and Lord Brightman agreed, and Lord Wilberforce) in Amin Rasheed Shipping Corporation v. Kuwait Insurance Company illustrates no more than the application of the well-known doctrine of the proper law of contract in the conflict of laws to particular facts. Yet closer analysis leads to the uncovering of some valuable jewels which deserve to be drawn to the attention of a wider circle of readers.
Free of Exchange
Authors: Mann F A 
Published: November 2023

Abstract
The question before the Privy Council in National Mutual Life Association of Australasia v. Attorney-General for New Zealand, was, as Lord Reid put it when delivering the Board’s opinion, ‘difficult, but ... narrow in scope’. The appellants were the owners of New Zealand Inscribed Stock entered in the New Zealand Treasury’s register at Wellington and expressed in pounds, but marked ‘Principal and interest payable at Melbourne free of exchange’. Were the appellants entitled to New Zealand pounds or to Australian pounds? Their Lordships’ decision in favour of the latter view rested exclusively on the construction of the words ‘free of exchange’; this clause probably does not occur frequently and has no technical meaning, so that the implications of the decision are unlikely to be of wider impact. However, it is not without general interest.
The Gold Clause Again
Authors: Mann F A 
Published: November 2023

Abstract
Almost twenty-five years ago Professor Arthur Nussbaum spoke of the ‘Tantalus interpretation’ to which gold clauses had been subjected in earlier days: whenever a bondholder believed he enjoyed the protection of a gold clause, the courts, at the critical moment, were astute in depriving him of it. Yet, beginning with the great decision of the Permanent Court of International Justice in the Case of the Serbian Loans ,2 the judicial tendencies changed in most countries and by 1953 it could be suggested that the fight against the ‘Tantalus interpretation’ had succeeded. The fate which the ‘First Mortgage 4½ per cent Coupon Gold Bonds’ issued by the Kentucky and Indiana Terminal Railroad Company in 1911 in England under English law recently suffered at the hands of American and English courts seems, however, to indicate a revival of that interpretation.
Statutory Interpretation and Human Rights and Fundamental Freedoms
Authors: Mann F A 
Published: November 2023

Abstract
There is an air of tragedy about the decision of the House of Lords in Inland Revenue Commissioners v. Rossminster Ltd. [1980] r All ER 80. It was the case in which a majority of the House (Lord Wilberforce, Viscount Dilhorne, Lord Diplock, and Lord Scarman, Lord Salmon dissenting) reversed the Court of Appeal (Lord Denning MR, Browne and Goff L JJ) and held that if in accordance with section 20C of the Taxes Management Act 1970 as amended in 1976 ‘the appropriate judicial authority is satisfied
... that ... there is reasonable ground for suspecting’ a tax fraud it may issue a warrant authorizing a search of premises and the removal of documents. A large number of Inland Revenue officials, accompanied by police officers were held to be entitled to enter private premises at 7 o’clock in the morning and, without disclosing any particulars, to collect and remove documents of the most varied character, including children’s school reports. The tragedy arises, first, from the fact that all their lordships were clearly oppressed by what Lord Scarman (at 101) called the ‘breathtaking inroad on the individual’s right of privacy and right of property’ which the section was held to permit.
Documents ‘of the’ Diplomatic Mission
Authors: Mann F A 
Published: November 2023

Abstract
The decision of the House of Lords in Shearson Lehman Brothers Inc. v. Maclaine, Watson & Co. Ltd. (No. 2) [1988] 1 WLR 16 arose from an intervention by the International Tin Council, an international organization, which objected to the use in those proceedings of documents emanating from it. Neither the precise nature of the documents nor the circumstances of their receipt by the litigants were ever clarified, so that the House of Lords took the most exceptional step of deciding abstract points of law. It was assisted by thirteen ‘assumptions’ upon which the parties had agreed and according to which the documents or copy documents were assumed to have been supplied to third parties with or without the consent of the ITC by a member of its staff or by one of the Member States, its delegates or advisers, or made available to and published by the House of Commons Select Committee or released by the United States authorities under the Freedom of Information Act, or prepared by a third party on the basis of information derived from an ITC document, and so forth. All such and similar documents were said to come within the words of Article 24 of the Vienna Convention scheduled to the Diplomatic Privileges Act 1964 as applied by Article 7(1) of the Inter¬ national Tin Council (Immunities and Privileges) Order 1972: ‘The archives and documents of the mission shall be inviolable at any time and wherever they may be.’
The New Zealand Bill of Rights Experience
Authors: Joseph* Philip A 
Published: November 2023

Abstract
New Zealand enacted its Bill of Rights Act 1990 in lieu of a more ambitious reform under the Government White Paper, A Bill of Rights for New Zealand (1985). The White Paper proposed a constitutionalised (entrenched) Bill of Rights modelled on the Canadian Charter of Rights and Freedoms. The Bill was tabled in Parliament and referred to its Justice and Law Reform Committee for examination, but the proposal lapsed when the Committee reported in 1988.
First Choices: Patterns of Bequeathing
Authors: Finch Janet , Hayes Lynn , Mason Jennifer , Masson Judith , Wallis Lorraine 
Published: November 2023

Abstract
We move now to explore the content of bequeathing choices in our random sample of 800 wills. Since our particular focus is on family relationships, and what wills can tell us about these in the context of inheritance, we have used our wills to explore in some detail the relationships between testators and beneficiaries. As we indicated in chapter 1, we are trying to understand how people’s concept of ‘family’ gets defined in this context. Our sample also enables us to explore whether these patterns have changed over our four sample years.
Introduction
Authors: Kontou Nancy 
Published: November 2023

Abstract
The consent of States to be legally bound internationally may be expressed in different forms. States may create legal rights and obligations inter se by concluding a treaty, or their consistent practice in a certain area may be the basis for the creation of customary law, if it is also accompanied by an opinio juris. Treaties are concluded in the context of general international law in force at the time of the parties’ agreement. They can repeat the general norm, refine and complete it, or apply special rules in the relations between the contracting parties. A treaty codifying State practice in a certain area repeats the general customary norm in the interest of clarity, legal certainty, and ease of proof. A treaty can refine or complete a general principle by specifying the details of its application. Consider, for instance, the Capitulatory treaties based on the general principle of the personality of laws providing that the laws of the home State applied to merchants wherever in the world they may be. The treaties implemented this principle by creating the institution of consuls who were empowered to apply to foreign residents the laws of their country of origin.
Decisions of International Tribunals
Authors: Kontou Nancy 
Published: November 2023

Abstract
In the context of international adjudication, the claim may be made that a treaty rule is no longer applicable by reason of the evolution of customary law. Faced with this argument, tribunals will have to determine whether a treaty is still valid despite its incompatibility with more recent customary rules. Moreover, if the treaty is held to be valid, a tribunal may have to decide which of two rules on the same subject-matter, one conventional and the other customary, both of which are considered to be in force, will apply to the particular case. This chapter examines decisions of international tribunals dealing with these issues.