bluuebunny/crossref_metadata_2025_split huggingface dataset:
Beyond Good and Evil: Hypernomian Transmorality and Delimiting the Limit
Authors: Wolfson Elliot R 
Published: November 2023

Abstract
In this chapter I explore the topic of ethics and mysticism in the history of kabbalah from the vantage-point of the relationship between antinomies that seem basic to moral discernment on the one hand, and the transcendental oneness of mystical experience in which opposites seem to coincide on the other. As I noted in the Introduction, kabbalistic literature is clearly not monolithic in orientation, and thus it must be investigated repeatedly from multiple perspectives. However, in my estimation, an element shared by the diverse range of kabbalists is the nomian framework within which the mystical impulse takes shape, and this applies as well to those kabbalists who push the law beyond its own limits even to the point of affirming that religious observance finds its fulfilment in transgression. In an effort to understand the aspiration to get beyond the duality of good and evil, a tendency to which I refer by the terms ‘hypernomian’ and ‘transmoral’, it is necessary to probe more deeply into the axiological framework of kabbalistic ritual.
Competition In Energy Markets
Authors: Cameron Peter Duncanson 
Published: November 2023

Abstract
The new edition of this book gives a comprehensive update and analysis of European law as it affects competition in EU energy markets, especially oil, gas and electricity. This includes all relevant directives, regulations, Treaty provisions (including the energy chapter in the draft EU Constitution), case law and decisions of the ECJ, the CFI and the European Commission competition authorities. Appropriate consideration is also given to the new developments in EU legal relations with Norway, Switzerland and other neighbouring countries. In this edition a special chapter examines the growing impact of environmental rules on the energy sector, especially with respect to renewable energy, nuclear power and the EU emissions trading scheme. A new section on the competition law framework explains and describes in detail the growing impact of competition law instruments such as merger control, state aid and antitrust in this sector. The new edition also explains the greatly enhanced role of the national energy regulatory authorities and the European Competition Network in enforcing law at the European level, as well as the various challenges that may be made to their decisions. The approach adopted in this edition is primarily analytical and practical, treating each problem that has arisen in application of the law and assessing the efficacy of the solution adopted. It examines the tensions that arise in the law as a result of conflicting policy objectives on environmental, internal market and security of supply concerns. The new edition draws on the insights of a high-level advisory panel of senior pracitioners, regulators and academics in the sector. The panel is made up of Professor Sir David Edward, formerly at the ECJ; Maria Rehbinder, the Head of Unit for Energy and Water at DG Competition, European Commission; David Newbery, economics professor at Cambridge University; and Michael Brothwood, solicitor and occasional advisor to the House of Lords Select Committee on Europe.
Strategies and Organizational Problems: Constructing Corporate Value and Coherence in Balanced Scorecard Processes
Authors: Hansen Allan , Mouritsen Jan 
Published: November 2023

Abstract
What is strategy? Management accounting researchers have often ignored this question when they say that management accounting is for implementing rather than formulating strategy. Inspired by Anthony’s seminal work (1965), where management controls and strategic planning were separated, management accounting researchers have often treated strategy as a ‘black box’. However, recent debates have paid more attention to strategy. The debates in the 1990s, for example, emphasized that the future of management accounting (e.g. Bromwich and Bhimani 1994; Ittner and Larcker 1998) is dependent on whether it can frame and conceptualize strategic issues in organizations; to articulate strategy is a way to regain the lost relevance of management accounting (Johnson and Kaplan 1987). In this chapter we study processes of constructing corporate value
From World War to Cold War
Authors: Reynolds David 
Published: November 2023

Abstract
The 1940s was probably the most dramatic and decisive decade of the 20th century. This volume explores the Second World War and the origins of the Cold War from the vantage point of two of the great powers of that era, Britain and the USA, and of their wartime leaders, Churchill and Roosevelt. It also looks at their chequered relations with Stalin and at how the Grand Alliance crumbled into an undesired Cold War. But this is not simply a story of top-level diplomacy. David Reynolds explores the social and cultural implications of the wartime Anglo-American alliance, particularly the impact of nearly three million GIs on British life, and reflects more generally on the importance of cultural issues in the study of international history. This book persistently challenges popular stereotypes - for instance on Churchill in 1940 or his Iron Curtain speech. It probes cliches such as ‘the special relationship’ and even ‘the Second World War’. And it offers new views of the familiar, such as the Fall of France in 1940 or Franklin Roosevelt as ‘the wheelchair president’. Incisive and readable, written by a leading international historian, these essays encourage us to rethink our understanding of this momentous period in world history.
The Politics of Organizational Analysis
Authors: Marsde Richard 
Published: November 2023

Abstract
In this paper I want to pursue some issues raised in Donaldson’s In Defence of Organization Theory: A Reply to the Critics (1985), but left unexplored in ‘Offence and Defence in Organization Studies: A Symposium’ (Organization Studies, Special Issue, 1988). Donaldson notes that ‘much of the discussion around conventional organization studies’ raises the fundamental question, can there be a science of organizations? (Donaldson 1985 : 75; also Hinings 1988 : 4). This question raises two issues: the ontological status of organizations and the epistemological status of organization theory (Burrell and Morgan 1979 : 298–299). It was the application to organizations of the techniques of the natural sciences, and the consequent belief that organizations are hard, concrete things, that the critics Donaldson claims to have ‘routed’ (Donaldson 1988 : 28) took issue with (Burrell and Morgan 1979 : 398; Clegg and Dunkerley 1980 : 257–262).
Unfair Dismissal: The Basic Award
Authors: Korn Anthony , Sethi Mohinderpal 
Published: November 2023

Abstract
The basic award was introduced by the Employment Protection Act 1975 with the aim of compensating employees for the loss of job security brought about by dismissal. In a sense, the policy behind the award is similar to that underlying the redundancy payments scheme and this is reflected in the way the award is calculated. The award is normally calculated by reference to the employee ‘s age and length of service at the effective date of termination, but in union-related dismissals there is a statutory obligation to award a fixed amount as a minimum basic award.
From Computer Abuse To Cybercrime
Authors: Walden Ian 
Published: November 2023

Abstract
The proliferation and integration of computer and communication technologies into every aspect of our society have inevitably led to criminal activities involving their use. Such activities, labelled with the shorthand ‘computer crime’ or ‘cybercrime’, are the subject matter for this book. Regular stories feature in the media on computer crime, covering topics from hackers to viruses, ‘webjackers’ to Internet paedophiles; sometimes accurately portraying events, sometimes misconceiving the role of technology in such activities.
Optical Spectroscopy of Inorganic Solids
Authors: Henderson B , Imbusch G F 
Published: November 2023

Abstract
The beautiful colours of many inorganic compounds, including minerals and gemstones, as well as the mysterious cold light of luminescence emitted by these materials, have attracted the inquisitiveness of natural philosophers for centuries. The scientific study of such phenomena - the optical spectroscopy of solids - has paid rich dividends in technological advances such as lasers and other optronic devices. This is a book on the art of optical spectroscopy of solids, establishing a theoretical and experimental framework for the subject, which is well illustrated with relevant spectra and experimental data. Chapters 1 to 5 set down the quantum description of atoms, ions and defects in solids, and the interaction of such centres with electromagnetic radiation. Considerations of symmetry and the effects of lattice vibrations on the spectroscopic properties are treated in detail . The physical bases of prominent experimental techniques are presented in Chapter 6 and their application to colour centres, dopant rare-earth and transition-metal ions are described in Chapters 7 -9. The spectroscopic behaviours of magnetic ions at high concentration are detailed in Chapter 10, followed by a brief review of the operational features of solid state lasers that rely on the foregoing discussion of their optical characteristics. Finally, Chapter 12 describes the application of magneto-optical double resonance techniques to the elucidation of the optical properties of insulating and semi-conducting materials. The authors emphasize that their own interests have guided the selection of topics from the panoply of available choices. They have written the book with senior undergraduates and postgraduates in mind: it is expected also to be useful to seasoned investigators from solid state physics and engineering from inorganic chemistry, and from materials and geological sciences.
Introduction
Authors: Cameron Cecily , QC Elizabeth-Anne Gumbel 
Published: November 2023

Abstract
This book is intended to be a guide for personal injury practitioners conducting clinical negligence cases. It includes basic and practical advice for those with little experience of clinical negligence cases, as well as more detailed analysis of the law in this area. The authors hope this book will be helpful to those beginning to undertake clinical cases as well as to those whose main area of practice is clinical negligence. The book does not purport to cover standard personal injury topics such as assessment of quantum, which are more appropriately dealt with in specialist textbooks on that topic.
Causation
Authors: Cameron Cecily , QC Elizabeth-Anne Gumbel 
Published: November 2023

Abstract
In essence, to succeed in a claim for clinical negligence the claimant must first prove that the defendant owed him/her a duty of care. Secondly, the claimant must prove that the standard of clinical care provided was below a competent level. Thirdly, he must show that the lack of competent care caused the injury complained of. Proving causation can be the most difficult aspect of the claim. One obvious problem in a clinical negligence case is that the claimant usually has a clinical problem before any treatment commenced. It is necessary for the claimant to prove that it was the alleged treatment, or lack of it, which caused the injury and the loss and damage complained of rather than the natural progression of the underlying problem.
The Process Of Quantification
Authors: Cameron Cecily , QC Elizabeth-Anne Gumbel 
Published: November 2023

Abstract
The valuation of claims for injuries sustained as a result of clinical negligence is no different in principle from that which is undertaken in personal injury practice. However, there are some distinguishing factors that need to be borne in mind when quantifying these claims. As the pre-existing condition and the precise nature of the injury are likely to be different in each case, it is often difficult to find quantum reports where the facts of the case are sufficiently similar to create a reliable precedent. The small number of mid-to-lower value cases going to trial means that judicial awards in these cases are relatively rare and more reliance must be placed on reported settlements, where the factors influencing the settlement figure may be unclear, particularly with respect to the extent of causation and damages for pain, suffering, and loss of amenity.
Costs And Cash Flow
Authors: Cameron Cecily , QC Elizabeth-Anne Gumbel 
Published: November 2023

Abstract
It takes significantly longer to bring in costs in clinical negligence cases than in most other types of work and this can create a real difficulty for the business. This is in addition to the fact that the cases themselves take long periods of time to conclude and are more difficult to risk assess and case manage than most personal injury claims. The process of cost recovery in clinical negligence is complex for a number of reasons, including the requirement to comply with Legal Services Commission procedures, and arguments about proportionality with the defendants (or more commonly their costs draftsman).
Thermodynamic quantities expressed in terms of molecular distribution functions
Authors: Ben-Naim Arieh 
Published: November 2023

Abstract
In this chapter, we derive some of the most important relations between thermodynamic quantities and the molecular distribution function (MDF). As in the previous chapter, we shall first present the relation for a one-component system. This is done mainly for notational convenience. One can easily repeat exactly the same steps to derive the generalized relation for a multicomponent system. This is, in general, not necessary to do. As a rule, once we have the relation for a one-component system, we can almost straightforwardly write down the generalized relation without resorting to a full derivation. All that is needed is a clear understanding of the meaning of the various terms of the relations. An exception to this rule is the relation for the isothermal compressibility. Here, the one-component equation does not provide any clue for its generalization. We shall devote part of chapter 4 to derive the generalization of the compressibility equation, along with other relations between thermo-dynamic quantities and the MDF. Most of the relations discussed in this chapter apply to systems obeying the assumption of pairwise additivity for the total potential energy. We shall indicate, however, how to modify the relations when higher order potentials are to be incorporated in the formal theory. In general, higher order potentials bring in higher order MDFs. Since very little is known about the analytical behavior of the latter, such relationships are rarely useful in applications. Of particular importance to solution chemistry is the expression for the chemical potential, first derived by Kirkwood (1933). We shall devote a relatively large part of this chapter to discuss various expressions for the chemical potential.
The Case For The Abolition of The Floating Charge
Authors: Goode Roy 
Published: November 2023

Abstract
The floating charge is one of equity’s most brilliant creations. It has enabled flnanciers to advance large sums on the security of a company’s inventory and receivables while leaving the debtor company free, within the limits set by the charge, to dispose of such assets in the ordinary course of business free from the security interest. Through its all-embracing nature it has facilitated, when used in conjunction with flxed charges, security over the entirety of the debtor’s assets, and this in turn has enabled the chargee to stipulate for the power to appoint an administrative receiver to take control of the company for the beneflt of the chargee, run the business, hive it down to a specially formed subsidiary or sell off the business or its assets.
The Role of Security Over Future and Circulating Capital: Evidence From The British Economy Circa 1850–1920
Authors: Getzler Joshua 
Published: November 2023

Abstract
Freedom of contract suggests that credit secured against corporate assets is created because it is in the interests of the parties to do so. We can presume that if secured credit arrangements did not bring beneflts, then parties would pursue alternative methods of raising flnance. Corporations favour secured credit as a means to access a wider pool of impersonal creditors, thus making it possible to enlarge their investment base and operating capital; and lenders prefer secured claims because the expected return on loan capital can be calculated to a nicety, execution is simplifled and all or most entrepreneurial risk is left with the borrower.
Taiwan
Authors: Cheng Chun-yih 
Published: November 2023

Abstract
The Financial Supervisory Commission (FSC) is the single regulatory authority that regulates banking, insurance, and securities activities. There are four main sectors in FSC, namely the Banking Bureau, the Insurance Bureau, the Securities and Futures Bureau, and the Financial Examination Bureau. The enforcement powers of FSC include: financial examination, administrative fine, suspension of business, revocation of permission, cancellation of business licence, orders to discharge managers or staff members and to remove and replace responsible persons. The principal legislative provisions regulating banking, insurance, and securities activities are as follows: Banking: Banking Act, Financial Holding Company Law, Law Governing Bills Finance Business, Foreign Exchange Control Act, and Regulations Governing the Declaration of Foreign Exchange Receipts and Disbursements or Transactions.
Indonesia’s quasi-federalist approach: Accommodation amid strong integrationist tendencies
Authors: Bertrand Jacques 
Published: November 2023

Abstract
Over the past decade, Indonesia’s institutions have been gradually transformed in response to ethnic tensions. After the fall of President Suharto’s authoritarian regime in 1998, which had endured for more than thirty years, the Constitution was amended and new laws were passed to democratize Indonesia’s political system. As part of this democratization, steps were taken to increase the flexibility of the political system in the face of pressure in favor of decentralization, devolution of power, and accommodation of demands from ethnonationalist groups in East Timor, Aceh, and Papua.
Iraq’s constitution of 2005: Liberal consociation as political prescription
Authors: McGarry John , O’Leary Brendan 
Published: November 2023

Abstract
When it comes to managing national and religious diversity, democracies have two broad choices—integration or accommodation. Integrationist states seek to construct a single overarching public identity. Integrationists believe conflict results from group-based partisanship and recommend a state that is impartial, meritocratic, and that promotes equal citizenship through a bill of individual rights. They frown on ethnic political parties or civic associations and praise parties that stand for non-ethnic or cross-ethnic agendas, such as the Republican and Democratic parties in the U.S., or Labour and the Conservatives in the U.K. (They reject proportional electoral systems, which facilitate segmental appeals, and support those that discourage the mobilization of cultural differences and require winners to achieve majority or plurality broad-based support.
Giving with one hand: Scottish devolution within a unitary state
Authors: Tierney Stephen 
Published: November 2023

Abstract
This chapter has two points of focus. First, it addresses the devolution settlement for Scotland as a case study in the constitutional implementation of a “plurinational” model of the state. Second, and more broadly, it reflects upon the ever more sophisticated conceptual challenges to particular constitutional orders, and to constitutionalism in general, that are being mounted by substate national societies. Each subject will be examined in the context of the two prevailing public policies used by states to manage national and other forms of diversity. ese policies—accommodation and integration—are distinguished by John McGarry, Brendan O’Leary and Richard Simeon in the following way. On the one hand, integrationists aim to ensure the equality of individuals, accepting diversity in the private realm but opposing public recognition of substate group identities; on the other, accommodationists promote “dual and multiple public identities”, implying “equality with institutional respect for differences” as the best means of managing deep diversity.
A Magnificent Fungus on the Political Tree: The Growth of University Representation in the United Kingdom, 1832–1950
Authors: Meisel Joseph S 
Published: November 2023

Abstract
Following the unceremonious defeat of Gladstone’s 1893 Home Rule Bill in the House of Lords, a Liberal government proposed replacing the Conservative-dominated hereditary chamber with a new ‘Upper House’ composed of one representative from each county of the United Kingdom and one from each university. While the equal representation of territory in a bicameral legislature’s upper chamber was an established model, combining this with representation of universities was novel. Universities had returned members to the House of Commons since 1603, but the new scheme would have extended universities’ parliamentary strength in several respects. Assuming no change in the Commons, university members would sit in both houses of Parliament, and whereas only some universities were represented in the Commons in 1894, all would be given seats in the new Upper House. University MPs were returned to the Commons in a variety of configurations (three two-member constituencies, one with a single MP, and two joint constituencies with shared MPs), but all universities would receive equal representation in the reformed second chamber. Moreover, compared to the nine university MPs then part of the 658-seat Commons, the twelve Upper House university representatives would have had greater relative weight in a chamber otherwise composed of representatives from each of the 118 counties of England, Wales, Scotland, and Ireland.
Fraying Over Paying: Who Will Bear The Costs Of Greenhouse Policy?
Authors: Snoddon* Tracy , Wigle** Randall 
Published: November 2023

Abstract
When the Kyoto Protocol came into force in February 2005, there was a rekindling of interest in climate change policy in Canada, culminating in the release of the federal government’s Project Green plan that year. Project Green and its precursor, the Climate Change Plan (CCP), proposed a mix of policy instruments including tradable permits, sectoral exemptions and a heavy reliance on voluntary and targeted measures to achieve the Kyoto target of reducing greenhouse gas emissions to 6 per cent below 1990 levels by 2010.1 Most of the targeted measures take the form of subsidies for the adoption of certain abatement technologies and command and control measures. Both plans have been criticized because they are likely to achieve only limited short-term reductions without helping to achieve future reductions at a more modest cost.2 The recent election of a conservative minority federal government in January 2006 has led to the effective demise of Project Green and an uncertain future for climate change policy in Canada. In this chapter, we investigate two alternatives to Project Green. Specifically, we consider the plan proposed by Jaccard, Rivers, and Horne (2004) with the alternative of a purely emissions-based scheme where all emitters are charged a price equal to the world price of carbon permits (international permit trading). The package proposed in Jaccard, Rivers, and Horne (2004) (hereinafter referred to as ‘JRH’) relies on market-oriented regulation and tradable permits. With these instruments, the JRH plan targets energy adoption decisions, laying the groundwork for larger medium to long-run reductions in greenhouse gas emissions.