bluuebunny/crossref_metadata_2025_split huggingface dataset:
Introduction to the South African Constitution
Authors: Wyk Dawid Van 
Published: November 2023

Abstract
Modem South Africa was born at the beginning of the twentieth century when the four British colonies, Cape of Good Hope, Natal, Orange River, and Transvaal, merged and became the Union of South Africa. From its inception the South African constitutional system was in peril. The looming danger stemmed from the failure of the early fathers — they were all men — of the British-based, Westminster-oriented South Africa Act of 1909 to provide for an inclusive democracy. Instead, the Union of South Africa would be governed by whites, even then a minority of the overall population. The writing was on the wall. Over decades the differences hardened into bitter and violent confrontation, played out not only on the South African stage but also, after World War II, increasingly in the council chambers of the world, where the terms of reference were also confrontation, Cold War, East versus West.
Constitutionalization Of Labour Rights
Authors: Davis Dennis 
Published: November 2023

Abstract
More than half a century ago Benjamin Cardozo said: ‘The chief law makers may be, and often are, the judges because they are the final seat of authority. Every time they interpret contract, property, vested rights, due process of law, liberty, they necessarily enact into law parts of the system of social philosophy.’ 1 As most Bills of Rights are premised on the protection of the individual from the power of the state, a philosophy which distinguishes between the public and private spheres has dominated constitutional jurisprudence particularly in North America. The tension between the individual and the collectivity is particularly evident in the constitutional adjudication of workers’ rights.
Limitation and suspension
Authors: Erasmus Gerhard 
Published: November 2023

Abstract
Fundamental or human rights are exercised within the context of a specific society. They are as a rule not absolute and are limited by the rights of others and by the legitimate needs of society. Public order, safety, health, morals, and democratic values are generally recognized as justifying the imposition of limitations on the exercise of various fundamental rights.2 The enforcement of human rights is to be matched by ‘accommodations in favour of the reasonable needs of the State to perform its public duties for the common good’. The organs of state have to balance conflicting demands and rights. Such limitations are as a rule of a permanent nature and are normally contained in a special ‘limitation clause’ in a constitution or international human rights instrument.
Symbolism and Reality
Authors: Windlesham Lord 
Published: November 2023

Abstract
Within weeks of its introduction there was a divergence between the House of Representatives and the Senate over the handling of the anti-crime legislation. While Senator Biden continued with a broadbrush bill, working to gain sufficient support in the Senate for its main proposals, Representative Brooks took another course. Unable to persuade liberals on the Judiciary Committee to adopt the omnibus bill, which they regarded as too harsh, he switched to the tactic of moving a series of smaller bills, including the Brady bill and ten other less contentious subjects. Action was deferred on the most controversial items, such as extensions to the federal death penalty and revising habeas corpus procedures, on the grounds that both liberal and conservative law-makers needed more time to debate those issues. Brooks was not willing, he said, ‘to see important, innovative crime prevention programs like cops on the beat be deferred at a time when the American public is clamoring for us to provide more protection against violent acts’.
Exemplary Damages and Economic Analysis
Authors: Ogus Anthony 
Published: November 2023

Abstract
Don Harris has played a leading role in establishing socio-legal studies both as a necessary complement to doctrinal analysis of law and as a major input to policymaking. He has been an inspiration to those of us at the Centre who came from a more or less ‘straight’ legal background and were eager to explore the exciting, but also forbidding, territory of the social sciences. He once expressed to me his conviction that, among those sciences, economics had perhaps the greatest potential to illuminate legal concepts and principles (see also Harris and Veljanovski, 1986a); and his collaborative work with economists explores some of that potential (Harris et al., 1979; Harris and Veljanovski, 1983, 1986b).
Four Offers and a Trial: The Economics of Out-of-court Settlement
Authors: Fenn Paul , Rickman Neil 
Published: November 2023

Abstract
Long before it became fashionable for economists to utilize powerful theoretical and empirical techniques to investigate bargaining behaviour in a litigation context, Don Harris appreciated the importance of adopting an analytical perspective to the problem of delay in the courts. The chapter in Compensation and Support for Injury and Illness devoted to offers and delay was mainly his responsibility, and those of us who worked with him on this project were swept along with his infectious enthusiasm for using the dataset to reveal more about the ‘black box’ of personal-injury litigation. Although he was prone to use a rather more idiosyncratic style of diagram than economists are used to, it was clear to us that the data emerging from the study were unique in their detail on the process of settlement as well as its outcome. While some of those data have been explored subsequently (Fenn and Vlachonikolis, 1990), the theoretical literature on pre-trial bargaining has progressed significantly since then.
Professional Inattention: Origins and Consequences
Authors: Felstiner W L F 
Published: November 2023

Abstract
I spent a year at Oxford in the 1980s. Originally it was a matter of living out a youthful dream that had been interrupted by the Korean War. But half-way through that wonderful year, I agreed to become the Director of the American Bar Foundation, the closest equivalent in the United States to the Centre for Socio-Legal Studies. For my remaining time at Oxford I was smart enough to pay attention to the way Don Harris directed activities at the Centre. It was from him that I learned some of the most important obligations and opportunities that are encountered by the directors of research institutions. I found out the importance of maintaining absolutely rigorous standards in recruitment and then devoting one’s energies to providing the support and protection that able researchers require to get on with their work. I could see that a director who was flat-out dedicated to the welfare of the institution, and turned his back on any opportunities to promote his own affairs at its expense, would in return secure for the institution the loyalty of its scholars. And I saw how the morale of the staff was maintained as much by the personal attention that the director paid to their individual welfare and the collective ambience of the institution as by the objective conditions of work. This contribution to Don’s volume is an inadequate and belated thank you note.
Knowing the Buzzwords and Clapping for Tinker Bell: The Context, Content and Qualities of Lawyers’ Knowledge in a Specialized Industrial Field
Authors: Lewis Philip 
Published: November 2023

Abstract
It was quite a shock for me, after a tutor with settled views on black letter law that he wanted to impart, to go to a young New Zealander with an inquiring and penetrating mind. Ever since 1957 Don has been a model for me and those others who have wondered how things work out in practice. It is hard now to remember how little sense there was of the world outside the books when the Centre for Socio-Legal Studies was started, and it is an honour to be one of those who can pay direct tribute to Don for his part in the change, as well as thank him publicly for the support he has given me personally.
Creative Compliance and the Defeat of Legal Control: The Magic of the Orphan Subsidiary
Authors: Mcbarnet Doreen , Whelan Christopher J 
Published: November 2023

Abstract
One of the pleasures of working under the Directorship of Don Harris was the unequivocal encouragement he gave to us to research previously unexplored areas in socio-legal studies. The Centre’s programme on business, finance, and the law has been one outcome and it has proved a most fruitful area of study. Yet, at the time it began it was a risky strategy for both the Centre and those involved in the programme. For the Centre it meant a long-term commitment was being made to an area whose ‘researchability’ was untested, and indeed frequently doubted. For us and others, it involved a major investment in the acquisition of new skills and knowledge as well as a willingness to move beyond research ‘origins’-in our case criminal justice and labour law. It is no small irony that the research has itself evolved into a study of the regulation of risk (in the context of corporate finance). The research would not have been possible without Don’s creation of an environment which fostered freedom of thought, and the pursuit of new lines of inquiry. In this Chapter we shall explore one of the central themes of the research programme-the concept of ‘creative compliance’-and the challenge it poses for legal control.
The Origins and Drafting of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
Authors: Evans Malcolm D , Morgan Rod 
Published: November 2023

Abstract
Almost every account of the origins of the European Convention for the Prevention of Torture (ECPT) has justly given pride of place to the pioneering efforts of one man, Jean-Jacques Gautier. Gautier was a successful Geneva-based private banker who had a deep Christian commitment and believed it to be his duty to use his wealth to assist his fellow-man. During the latter years of his banking career he became involved in Third World development activities and challenged both public and private Swiss development policies.
Police Custody: Procedural Safeguards
Authors: Evans Malcolm D , Morgan Rod 
Published: November 2023

Abstract
Perhaps the most well attested and least flexible of all the standards applied by the CPT are the procedural safeguards surrounding those taken into initial police custody, the phase during which, all the evidence suggests, vulnerability to physical ill-treatment, including torture, is greatest. This stands in marked contrast to the position under other internationally binding legal instruments, which have little to say directly on these matters.
Conditions of Detention
Authors: Evans Malcolm D , Morgan Rod 
Published: November 2023

Abstract
An examination of the standards used by the CPT relating to conditions of detention is a complex undertaking and can be approached in a number ways, none of which is entirely satisfactory. At the heart of the problem lies the question of what actually is the purpose of the CPT’s activities in this field. If the role of the Committee is to determine whether the conditions encountered amount to a violation of Article 3 of the ECHR, then the emphasis should be upon the cumulative impact of individual factors.
The American Tradition of International Law
Authors: Janis Mark Weston 
Published: November 2023

Abstract
This volume, the first of two, charts the history and emergence of international law in the American common law tradition, from its English roots in the late 18th century to the outbreak of World War I in 1914. At the end of the 18th century it made little sense anywhere in the English-speaking world to talk of either international law or international lawyers, and yet fifty years later, international law had become a commonplace linguistic, legal, and political reality in America, and international lawyering had become a thriving profession. How do we account for the rise of international law in the United States? The answer cannot be simple, and it may never be complete. Yet, approaching this question may enable us to better account for the state of American international law today and to help to predict its future. The author addresses this complex issue by grouping those who played a part in the intellectual development of international law by their several roles: jurists, lawyers, judges, utopians, scientists, dreamers, and diplomats. Some individuals, of course, have acted several parts. He considers the history and development of the discipline from the very creation of the term international law, to its rise to prominence, and to the vast expectations for the discipline at the turn of the 19th century. The book explains how America has arrived at its present approach to international law and thus illuminates its distinctive foreign policy.
Jurists: The International Law of Christendom
Authors: Janis Mark Weston 
Published: November 2023

Abstract
This chapter reopens the early nineteenth-century treatises of James Kent and Henry Wheaton, the first Americans to systematically describe and analyze international law. It remarks on the importance that both authors assigned to international law and explores why Kent and Wheaton paid such homage to Hugo Grotius and what they saw as the Dutch jurist’s Protestant fashioning of what Wheaton called ‘the international law of Christendom’ The international law of Kent and Wheaton was a law necessarily limited to a circle of like-minded states bound by a common tradition of culture, law, and morals, a characterization which, as we shall see, departed from Grotius’ own universalistic preferences.
Lawyers and Judges: International Law in the Courtroom and the Constitution
Authors: Janis Mark Weston 
Published: November 2023

Abstract
In turning now to lawyers and judges, it might be fairly remarked that those figures whom we have already visited were also trained in the law, albeit some – Blackstone, Kent, Wheaton, and Story – seemed better able than others – Bentham and Austin – to prosper at the bar and bench. This chapter’s focus, though, is less on the philosophy of international law and more on its practice, not only in the courtroom, but also in diplomacy and nation-building. We proceed more or less chronologically, beginning with the traditional use of the law of nations in the English common law, turning to its importance in the early state documents of the United States – the Declaration of Independence, the Articles of Confederation, and the Constitution – and its incorporation of international law in American law, and finally, showing the centrality of international law to nineteenth-century America, with an exploration of international law arguments relating to American slavery, and of the remarkable prominence of international law argument in the infamous 1857 decision of the US Supreme Court, Dred Scott v. Sandford.
Utopians: International Courts and World Peace
Authors: Janis Mark Weston 
Published: November 2023

Abstract
Our plan is composed of two parts, viz., a Congress of Nations and a Court of Nations, either of which might exist without the other, but they would tend much more to the happiness of mankind if united in one plan, though not in one body. A congress of ambassadors from all those Christian and civilized nations who should choose to unite in the measure, is highly desirable to fix the fluctuating and various points of international law, by the consent of all the parties represented, making the law of nations so plain that a court composed of the most eminent jurists of the countries represented at the Congress, could easily apply those principles to any particular case brought before them.
Proprietary Interests in Commercial Transactions
Authors: Worthington Sarah 
Published: November 2023

Abstract
One of the most pressing problems now facing commercial lawyers is to explain the principles which determine when a remedy is proprietary and when it is not. This book provides a broad overview of the subject. It examines representative business transactions which commonly give rise to legal or equitable interests in personal property. Its aim is to distil the fundamental principles understanding the relevant legal analyses. The result is to provide a more theoretically rigorous analytical framework for proprietary interests in personal property. The practical advantages of this are potentially twofold: new commercial transactions can be more effectively structured; in addtion, disputes between contracting parties can be more reliably resolved. Two features of the analysis are significant. The first is the elastic nature of proprietary interests in personal property. Although proprietary interests can be broadly classified as ownership or security interests, these are relative concepts which may be affected significantly by impinging contractual arrangements. The second feature is the necessary and intimate integration of law and equity. Equitable proprietary interests are remarkabldy prevalent; this prevalence is directly related to the apparent ease with which equity is able to convert particular personal obligations into proprietary interests.
Legal Ownership: Retained Or Regained Interests
Authors: Worthington Sarah 
Published: November 2023

Abstract
In most commercial transactions the preferred result is for each party to secure all that was initially bargained for. Nevertheless, if that is not possible, the next best solution (in property terms) is for the parties to recover their initial contributions. This type of recovery is precisely what drives the explicit arrangements in retention of title clauses (where the vendor retains legal title to the goods supplied under a contract of sale) and Quistclose trusts (where the lender retains equitable title to the money provided on loan for specific purposes). In both these cases if, for any reason, the bargain between the parties is not fully executed, the intention is that the goods, or the loan funds, will be recoverable by their original owner. These arrangements, whatever their success, demonstrate the perception that this type of proprietary remedy has its own particular advantages.
Equitable Ownership: Retained Or Regained Interests
Authors: Worthington Sarah 
Published: November 2023

Abstract
Both this Chapter and the previous one deal with retained or regained ownership interests: this Chapter is concerned with equitable interests., the previous one with legal interests. In both cases the problem is to describe when, and why, owners can assert retained or regained owner ship of property which was originally their own. It is clear from the previous chapter that the common law rules are uncertain and, arguably, unsatisfactory. Added to that, the common law rules are largely irrelevant unless the equitable rules produce the same response: there is little value in asserting legal ownership if equitable ownership lies else where. Not surprisingly, therefore, the equitable rules discussed in this Chapter are better defined and more frequently relied upon.
Ministers and Parliament
Authors: Tomkins Adam 
Published: November 2023

Abstract
A Core concern for any constitution is to seek to regulate relations between the government. or executive, and the legislature. or Parliament. The urnvrit tcn British constitution is no excepl10n: indeed in Britain this may be a matter of constitutional importance to an even greater extent than in many other Junsdictiom as Parliament remains not only the national legislature, but also the primary environment in which the government of the day is- almost daily-held to account. The relationship between government and Parliament is a matter of profound constitutional concern m Britain. Yet. such concern has not been sufficient to preclude tither uncertainty as to what the constitution provides or bitter argument as to what it should provide.
Controlling the Power to Agree Damages
Authors: Chen-Wishart Mindy 
Published: November 2023

Abstract
The power of contract parties to agree damages is controlled by the penalty rule. This rule appears an oddity in the law of contract for, contrary to the generally accepted value of freedom of contract, the rule imposes a particular substantive limit on the amount of damages contract parties can stipulate as payable on breach, being the amount of ordinary damages which a court would have awarded in default of express stipulation.
Introduction
Authors: Carruthers Bruce G , Halliday Terence C 
Published: November 2023

Abstract
In the last twenty years corporate bankruptcy has been pushed out of the shadows of legal and corporate marginality into the spotlight of daily business news. Its financial and human repercussions are enormous. In many advanced economies, including Britain and the United States, corporate bankruptcy has variously emerged as a new strategic device for corporate managers, as a new frontier for highly expert lawyers and accountants, and as a matter of new urgency for governments and officials who want to encourage entrepreneurial risk-taking while they lower tariff barriers, but preserve jobs and protect home industries.
Privatization and Nationalization of Bankruptcy Administration
Authors: Carruthers Bruce G , Halliday Terence C 
Published: November 2023

Abstract
Over the past years, political struggles in many advanced capitalist democracies have centered on the limits of the state. Dramatically exemplified by the policies of Thatcherism and Reaganism, political ideologies of the right have championed the expansion of the market as the most efficient means of allocating goods and services, with a correlative contraction of the state. This general restructuring of the public and private domains has direct and indirect consequences for the field of bankruptcy law and corporate reorganization. The more that the state intervenes directly to administer bankruptcies, the less work remains for private practitioners. Moreover, what kinds of bankruptcy work remain in the market or state affect status and monetary incentives for practitioners.
Research Design and Background of the Sample
Authors: Fehlberg Belinda 
Published: November 2023

Abstract
Chapters 1 and 2, read together, indicated an apparent discrepancy between ‘public’ judicial perspectives on providing security, and ‘private’ experiences between couples. In order to explore this discrepancy, the next stage of the research involved the collection of empirical data. In Part A of this chapter, the methods used for collecting that data are set out. In Part B, the background characteristics of the sample group are described.
Domestic Finances
Authors: Fehlberg Belinda 
Published: November 2023

Abstract
This chapter is the first of four chapters comprising findings in relation to the surety sample (Chapters 4, 5, 6, and 8). In essence, the ordering of these chapters is chronological but also reflects the public/private theme. Thus in this chapter, the domestic financial arrangements within surety households are considered (the ‘private’). The next chapter is concerned with the role of sure ties in the context of business decisions (often representing, in the context of small business, the intersection of ‘private’ and ‘public’).
Background to the Study: the County Court Files
Authors: Baldwin John 
Published: November 2023

Abstract
The available research evidence on the operation of small claims in England and Wales is small-scale and fragmented. Commentators are as a result almost completely ignorant about what happens at small claims hearings in England and Wales. The Judicial Statistics, published annually by the Lord Cha ellor’s Department, provide a good deal of intriguing information about the work of the county courts in general and shed a little light on cases dealt with under the small claims procedure. But they cannot show—nor are they designed to—any thing at all about how well small claims procedures operate in practice or about whether they are able to offer a standard of justice that is acceptable to the people who use them.