bluuebunny/crossref_metadata_2025_split huggingface dataset:
Vertical Agreements In Ec Competition Law
Authors: Wijckmans Frank , Tuytschaever Filip , Vanderelst Alain 
Published: October 2023

Abstract
This book analyses the EC competition rules applicable to vertical agreements, including Regulation 2790/99 (the general block exemption applicable to vertical agreements), Regulation 1400/2002 (the motor vehicle block exemption) and also vertical agreements not covered by a block exemption. The book includes informal guidance obtained from DG Competition. The authors consider issues directly relevant in the commercial world, answering questions such as: Under what conditions may a supplier impose territorial restrictions on his dealer network? Is it possible to impose maximum retail prices? Are customer restrictions permissible in a selective distribution system? Can a supplier assume an exclusive supply obligation? Are non-compete restrictions compatible with Regulation 2790/99? Is an exclusive supply-back obligation included in a subcontracting arrangement enforceable? The authors draw on their experience in this area of competition law to address the more complex issues relating to vertical restraints. They offer practical solutions to commercial problems and provide an indispensable tool for all practitioners active in the drafting or reviewing of vertical agreements.
Localization and Remapping: Creating a New Centrality for Anglo-Saxon England
Authors: Michelet Fabienne L 
Published: October 2023

Abstract
In his Geography, the Greek scholar Strabo (63 BC-AD 21) offers a description of Britain. He mentions its location, size, and natural resources, before turning his attention to the island’s inhabitants. He notices that the Britons are taller than the Celti and he adds: ‘the following is an indication of their size: I myself, in Rome, saw mere lads towering as much as half a foot above the tallest people in the city, although they were bandy-legged and presented no fair lines anywhere else in their figure.’ If the Britons stand out in the crowd, it is not simply because of their size: it is above all because Strabo portrays them as ugly and misshapen.
The descriptiones Britanniae and the adventus Saxonum: Narrative Strategies for the Conquest of Britain
Authors: Michelet Fabienne L 
Published: October 2023

Abstract
In the opening pages of the Old English Orosius, which Chapter4 analysed at some length, there is a curious allusion which deserves further attention. Ohthere tells of his journey from Sciringesheal (a place identified with modern Kaupang in south-east Norway) to Hæþum (Hedeby, in the south-east of the Jutland peninsula). He incidentally mentions that he passed on his starboard ‘Gotland 7 Sillende 7 iglanda fela— on þæm landum eardodon Engle, ær hi hider on land coman’. In her notes, Janet Bately comments on the term Engle, but she does not explain this unexpected reference to the Germanic tribes’ migration.
Towards a Unified Data Set on Top Incomes
Authors: Atkinson A B , Piketty T 
Published: October 2023

Abstract
This chapter brings together the key series on top incomes for the ten countries covered in this volume. Tables 13.1 to 13.10 contain for each of the countries the shares in total income of the top 10%, 5%, 1%, 0.5%, 0.1%, 0.05%, and (where possible) 0.01%, covering as much as possible of the period since 1900. While each of the authors has been careful to provide the full data in their chapters, and in earlier published work, we feel that it is useful to collect them together. We also give a (brief) summary of the main Windings; a fuller summary, covering more than twenty countries, will be given in Volume Two.
Introduction: Interrogating the Work/Family Divide
Authors: Conaghan Joanne , Rittich Kerry 
Published: October 2023

Abstract
In recent years, gender has emerged as an increasingly important focus of attention in discourse in and around labour law, gradually moving from the margin to the mainstream of labour law debate. A number of reasons account for gender’s increased prominence in legal and political discourse around work as the labour force has been ‘feminized’ and women have ceased to be secondary /peripheral workers, the male norm around which labour law has been structured has become both less persuasive and more problematic. As a consequence, analyses of gender inequality have become progressively more sophisticated, implicating core aspects of traditional labour law frameworks (for example, employment protection provision or collective bargaining practices) in the creation of adverse distributional effects for women. Meanwhile, economic restructuring and the ‘feminization’ of labour have repositioned certain features of working life typically associated with women—low pay, flexible working practices, job insecurity—as central labour concerns, while the decline in developed economies of the family wage and the corresponding increase in the participation of women with young children in paid work has forced the issue of reconciling work and family obligations on to legal and policy agendas. Finally, against the background of these developments, the rhetoric and reality of globalization has brought into relief the ubiquity and extent of women’s economic exploitation worldwide, compelling an examination of its particular manifestations in different Contexts and the role of law and institutions in its production.
Case Law and Other Developments 2005–2006
Authors: Fletcher Ian F 
Published: October 2023

Abstract
This Part contains supplementary information which takes account of developments in case law or legislation since the Second Edition went to press in February 2005. As a convenient means of setting these developments in context in relation to the main text of the book, paragraph numbers are allocated thereby directing the reader to the chapter and paragraph of the Second Edition to which the new material is particularly related. In most instances the new material serves to extend or confirm the information provided in the paragraph to which it is linked. In certain cases however the new developments either modify that account of the law in a direct way or at least introduce new elements which require a further evaluation of the statements contained in the original paragraph.
Supplement to Appendix II: Amendments to Council Regulation (EC) 1346/2000
Authors: Fletcher Ian F 
Published: October 2023

Abstract
The text of Council Regulation (EC) 694/2006, of 27 April 2006, published at OJ L121, 6.5. 2006, p1, is reproduced at (a) below. It should be referred to in place of the versions of Annexes A, B, and C of the EC Regulation on Insolvency Proceedings (Council Regulation (EC) 1346/2000), which are reproduced in Appendix II of the Second Edition at pages 557–566, in relation to all cases commencing on or after 7 May 2006. See also paragraph 7.37 of this Supplement.
Muslim Domination
Authors: Hamilton Alastair 
Published: October 2023

Abstract
There is some disagreement among historians about the reactions of the Egyptian anti-Chalcedonians to the Arab invasion of their country in 639. It was long assumed that they welcomed the invaders, who freed them from the oppression of the Byzantine Church, but it now seems that their reactions varied. Some opposed the Arabs and were quick to classify them as yet another group of persecutors. Others were ready to collaborate and to assist the invaders. A few probably benefited from their arrival, and initially gained more from it than the Melkites, whose patriarchate of Alexandria was again suspended in 652, for some ninety years.1 Yet we have no statistics for any of the Churches.
Towards a Coptic Catholic Church
Authors: Hamilton Alastair 
Published: October 2023

Abstract
In 1683 the Turks suffered a major military defeat from the combined Austrian and Polish armies at the gates of Vienna. Despite the momentary setback at Lepanto in 1571, the Turks had been regarded as invincible and their empire as an area where their enemies were powerless. The French might have some influence thanks to their early alliances with the sultan, and the Dutch and the English might have a certain local importance because of their aptitude for trade. The Habsburg empire and Poland, on the other hand, were regarded with boundless contempt. The emperor was known as the ‘king of Vienna’, and his ambassadors came to Istanbul to plead for favours rather than to impose conditions.
Confessional Clashes II
Authors: Hamilton Alastair 
Published: October 2023

Abstract
As the seventeenth century drew on the German Lutherans displayed a growing curiosity about the Church of Ethiopia. Its apparent isolation and inaccessibility over the centuries conjured up the image of a Church close to that of the Apostles, and the expulsion of the Jesuits in 1633 raised hopes of an amicable relationship with the Protestants. Like the Catholic missionaries the Lutherans regarded Egypt as a convenient stepping stone, and we saw that one of the very few men who could be considered a Protestant missionary in this period, Peter Heyling, stopped there.1
Protestants and the Enlightenment
Authors: Hamilton Alastair 
Published: October 2023

Abstract
However rich the Coptic holdings of the Bodleian Library at Oxford, they could not compete with the vast collections in Paris and Rome. Protestant Europe was at a disadvantage, and little is so indicative of the sorry state of Protestant research into the Copts as the success of the little work by Abudacnus published in 1675. For Abudacnus’s Historia Jacobitarum came to be regarded as the direct testimony of a pious Copt who was intrinsically trustworthy. Few Protestants doubted Abudacnus’s integrity—in this respect Johann Lorenz Mosheim was an exception when he deplored Abudacnus’s habit of laying claim to pro- fessorships (namely at Oxford and at Louvain) which he had never held.1
‘Je vous demande par la force du jeu ’ The Literary, Legal, And Intellectual Antecedents of Late Medieval Debate
Authors: Cayley Emma 
Published: October 2023

Abstract
This demande d‘amour which appears in London, Westminster Abbey, CA 21 presents an interesting parallel between the game constituted by the demande itself, and the game of love as played through the demande structure, as Margaret Felberg-Levitt remarks in her recent edition. I locate yet a third layer of allusion in these lines, to the broader collaborative poetic game at work in late medieval France which, like the game of love, is played in a constant state of desire for continuation rather than completion; the end of the game (closure) is often deliberately deferred in order to perpetuate the game, and further poetic exchange solicited from within the text, either by virtue of that text ‘s lack of closure,? or by specific calls for continuation.
Conclusion
Authors: Cayley Emma 
Published: October 2023

Abstract
Fabri’s Le Grand et Vrai Art de pleine rhèetorique (1521) is one in a series of late medieval and early Renaissance arts of poetry and rhetoric that emphasize the significance of vernacular poetry both as an art form and as a means of transmitting senefiance.² ‘Beau parler sans sentence n’est que vent sans science’, as Fabri asserts.³ In this study for the first time, Alain Chartier’s unique contribution to vernacular eloquence is framed in the socio-cultural context of his predecessors and contemporaries, and shown to be crucial to the development of a debating climate in late medieval France. Chartier is a central participant in several of the collaborative debating communities I model here, both through his material position in manuscript collections, and through the legacy of such social and poetic engagements as the Querelle de la Belle Dame sans mercy.
The Balance of Competing Interests
Authors: Knights Samantha 
Published: October 2023

Abstract
The primary focus of the qualified right to freedom of religion is the striking of a balance between the rights of the victim for European Convention on Human Rights (‘ECHR’) purposes, against the obligations and interests of the state. However, an important aspect underlying many cases is the need to strike a balance between the competing interests of parties other than the state—whether those of child and parent, the individual and others, the individual and a religious organization, or a minority religion and the majority. In this chapter some of the underlying issues relating to competing interests are considered more closely. First, the issue of balancing competing rights generally is considered.
Education
Authors: Knights Samantha 
Published: October 2023

Abstract
Education is one of the essential foundations for individual fulfilment of potential and participation in political, social and cultural affairs, and is critical for society as a whole. It is of particular importance for minorities in society who may be marginalized and economically disadvantaged. Freedom of religion gives rise to important issues in the context of education law, particularly given the religious character of many schools in England and Wales and the fact that religious education and worship are requirements of the curriculum in state maintained schools. The current system of state funded educational institutions allows a considerable degree of flexibility to accommodate local circumstances, including respect for religious and cultural diversity for individuals and groups.
Immigration and Asylum
Authors: Knights Samantha 
Published: October 2023

Abstract
There are a number of ways in which religious freedom may be relevant in the context of immigration and asylum law. In many parts of the world, freedom to express religious views, to change one’s religion, or to establish and preach a non-state religion is not respected. This may give rise to claims by individuals who arrive in the United Kingdom and make a claim for refugee status. The protections contained in the Human Rights Act 1998 (‘HRA 1998’), the Equality Act 2006 (‘EA 2006’), and the Race Relations Act 1976 (‘RRA 1976’) will also be relevant to any case involving a decision taken by the Home Office whether involving the removal or the entry clearance of an individual.
Planning, Prisons, and Health and Safety
Authors: Knights Samantha 
Published: October 2023

Abstract
This chapter looks at a number of other areas of law where issues have arisen in relation to religious freedom, individuals and religious organizations. Many of these areas such as planning involve decision making by public authorities who will be directly affected by equality legislation and must act compatibly with the protections contained in the European Convention on Human Rights (‘ECHR’).It is necessary to consider in any particular area how the application of the Human Rights Act 1998 (‘HRA 1998’), the Equality Act 2006 (‘EA 2006’) and the Race Relations Act 1976 (‘RRA 1976’) may affect the legal framework.
Basic Principles
Authors: Gordley James 
Published: October 2023

Abstract
Writers in the Aristotelian tradition believed there is a distinctively human life to which all one’ s capacities and abilities contribute. Living such a life is the ultimate end to which all well-chosen actions are a means, either instrumentally or as constituent parts of such a life. Actions which contribute to such a life are right. Those that detract from it are wrong. Unlike other animals, a human being can identify the actions that do contribute. In doing so, a person exercises an acquired ability-a virtue-which these writers called ‘ prudence’. In following the dictates of prudence, he may need other virtues as well, such as the courage to face pain and danger or the temperance to forego pleasure. The type of prudence a person exercises in seeing that an action contributes to the sort of life he should live (nous for Aristotle, intellectus for Thomas Aquinas) has been translated as ‘ understanding’ or ‘ intuition’. To call this ability ‘ prudence’ does not explain how it works. It is merely to say that somehow, we are able to see that some choices are right and others wrong. Without such an ability we would never be able to act rightly. In any event, this ability is not deductive logic. Prudent people understand things that they cannot demonstrate.
Differences Among Legal Systems
Authors: Gordley James 
Published: October 2023

Abstract
One way to proceed is to begin with the principles of prudence, distributive and com mutative justice just described and to show how they resolve problems of property, tort, contract and unjustified enrichment. We will be doing so throughout this book. In doing so, as described earlier, we will not be attempting to deduce rules from principles by deductive logic as some of the rationalistically inclined jurists of the 17th and 18th centuries wished to do. As described earlier, our approach will be like that of writers in the Aristotelian tradition. The relationship between principle and rule, and between higher and lower level principles and rules, is not only conceptual but teleological. Rules are explained by the purposes they serve much as one would explain the biological function of an organ or of a part of a machine. At the summit of the explanation should be the principles that describe what the society and its members ultimately wish to achieve. As we have seen, for Aristotle and Aquinas, this purpose is not merely survival and reproduction but a truly human life in which, so far as possible, each person’ s distinctively human capacities are realized. A second way to proceed, however, is to see how legal systems actually resolve problems and ask what principles can explain their solutions. People can often see that a result is right even if they cannot explain why in principle it should be. That must be so, if, as we have said, people have an ability to see what is right and wrong which is not reducible to deductive logic. Thus if a principle really does explain why the result is right, it should be reflected in what people do even if they have not been able to articulate it.
Rights Annexed to the Use of Property: The Case of Water Rights
Authors: Gordley James 
Published: October 2023

Abstract
Previous chapters discussed a person’ s rights to use his property and how these rights may be privately modified. Sometimes, however, a person makes a claim to use resources which he does not own and which the owner of these resources did not grant him, if, indeed, they have a private owner. The rules chat govern such situations will be affected by the kind of resources in question. Nevertheless, we can see the underlying principles that should govern the rights to such resources by examining a paradigm case: chat of water rights. In discussing nuisance, troubles de voisinage and Immissionenrecht, we saw that different legal systems applied similar rules. We identified a principle that could explain them. In discussing servitudes, we saw that different systems applied different rules. Nevertheless, we could identify a principle that could explain the differences. In discussing water rights, we will have to proceed differently. In some legal systems, it is not clear how water rights are actually assigned because allocation is committed to an administrative authority. In other legal systems, however-notably, the common law, France and countries that have been influenced by French law such as Italy-we must admit that the rules that are supposed to govern water rights are at variance with the principles which, according to our approach, should govern. In fact, the one legal system with rules our principles can easily explain is not modern. It is the ius commune, the Roman law of medieval Europe. We will begin by describing the rules of the ius commune. We will then see that even though writers in the Aristotelian tradition did not discuss this problem, the rules of the ius commune can be explained by the principles of commutative justice. We will then confront the question of why the rules of leading modern legal systems are different. We will argue chat the difference was due to an error produced by an historical accident.
The Structure of the Modern Civil and Common Law of Torts
Authors: Gordley James 
Published: October 2023

Abstract
Neither the ancient Roman law nor the traditional common law had much to say about torts in general. They recognized what we would call particular torts, each with its own rules. The civil law eventually arrived at a unified concept of tort. Roman distinctions were regarded as peculiarities of Roman positive law and many eventually disappeared. As we will see, this change was again the work of the late scholastics of the 16th and early 17th centuries for whom the Roman actions were all directed at doing what Aristotle described as commutative justice in involuntary transactions. By this view, the defendant was liable if he was at fault for injuring the rights of the plaintiff. Liability without fault, which existed in Roman law, remained, but it was never satisfactorily explained. Again, many of their conclusions remained co shape modern civil law after the Aristotelian ideas on which they were originally based had been forgotten. Articles 1382-3 of the French Civil Code and§ 823(1) of the German Civil Code contain general provisions imposing liability on one who intentionally or negligently injures another’ s rights, although the German Code enumerates these rights and the French Code merely speaks of ‘ harm’ to the plaintiff (dommage). Neither code deals with strict liability, and the deficiency has been supplied, in France, by creative judicial interpretation, and in Germany, by special legislation.
Mistake
Authors: Gordley James 
Published: October 2023

Abstract
According to the Roman jurist Ulpian, ‘ [i]t is obvious that there must be consent in a purchase and sale’. He then considered ‘ whether there is a good sale if there is no mistake as to the identity of the thing (in corpore), but there is in regard to its substance (in substantia)’. Among his examples were copper sold for gold or lead sold for silver. At one point, he referred to such an error as one in ‘ essence’ (oixria). It is not at all clear what he meant by these terms. In the 14th century, Bartolus of Saxoferrato and Baldus degli Ubaldi read an Aristotelian meaning into the words ‘ substance’ and ‘ essence’. Their interpretation was followed by the late scholastics. In Aristotelian philosophy, what a thing is depends upon its substantial form or substance as distinguished from its accidents. A human being has one substantial form, that of a rational animal, a plum tree has another substantial form and a lion has another. On account of its substantial form, each thing has a characteristic way in which it behaves. A thing can change ‘ accidents’ such as its height and weight and still be the same kind of thing, but if it loses its substantial form it is no longer a human being, a plum tree, or a lion. A thing’ s essence is the concept of a thing that one forms in one’ s mind which corresponds to its substantial form.
Promises to Exchange
Authors: Gordley James 
Published: October 2023

Abstract
The other basic type of voluntary arrangement discussed by writers in the Aristotelian tradition was a contract of exchange. For these writers, a contract of exchange did not merely mean that one party received a performance in return for what he gave any more than a donative contract meant that he did not. Just as a donative contract was an act of liberality, a contract was an act of voluntary commutative justice. For it to be fair, the resources the parties exchanged had to be of equal value. This idea was foreign to the will theorists of the 19th century for whom a contract was defined in terms of the will regardless of what the parties willed. It is also foreign to modern law and economics scholars for whom a contract is merely a way in which parties enter into an arrangement which ex ante they prefer. The idea of equality in exchange has often been misunderstood. We will see, however, that if understood properly, it not only explains the relief which courts give when contracts are unfair, but another problem which has puzzled modern jurists and which is the source of the implied terms of a contract.