bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Right to Silence in Cases of Serious Fraud
Authors: Smith A T H 
Published: November 2023

Abstract
F and when the proposals in clauses 34 to 37 of the Criminal Justice and Public Order Bill 1994 become law, the so called right to silence will be diminished—its critics say seriously undermined. But the proposals are as nothing to what has already happened in the context of what might loosely be called ‘serious fraud’, where the legislature and the judiciary have, in combination, made a striking series of assaults on the principle, with the result that the right (and the allied privilege against self-incrimination) have been diminished to vanishing point. The extent and desirability of these developments is the subject of this paper. How far they can survive challenge in the European Court of Human Rights in the light of the articulation of a right to silence in Funke v. France® (where it has been held that Article 6(1) of the European Convention on Fundamental Human Rights and Freedoms implies the right to silence as part of the right to a fair trial, and that French Customs and Excise law requiring the production of self-incriminating documents was in breach of the European Convention) is also a subject of contemporary concern, and it is the second topic addressed in this paper.
Self-incrimination and the European Convention on Human Rights
Authors: Warbrick Colin 
Published: November 2023

Abstract
A major consideration of Tony Smith’s paper for the All Souls meeting was the compatibility of the various statutory forms of investigation of company affairs and the use of testimony and documents obtained in the course of them in criminal trials with the international human rights obligations of the United Kingdom. My commentary on his paper took the form of a more detailed investigation of the provisions and case-law to which he had drawn attention. This paper is an expanded version of those comments. I am very conscious of my limited knowledge, particularly of the company laws involved, in addressing these matters. As will become apparent, I think that much may turn on the details of individual cases which reach the institutions of the European Convention on Human Rights in Strasbourg. While the position may be somewhat different with respect to the International Covenant on Civil and Political Rights, in general, it might be said, generalisations will not take us very far but generalisations are all that I can offer about what I will call the ‘investigatory powers’.
Exploitative Contracts
Authors: Bigwood Rick 
Published: November 2023

Abstract
Judges and scholars routinely use concepts such as ‘ exploitation’ in a justificatory way. In the field of contract law, a finding of exploitation may excuse a party from the normal consequences of his or her manifested contractual assent. However, the meaning of exploitation is usually assumed for this purpose, rather than elaborated. In fact, exploitation is a highly contested concept. Exploitative Contracts examines the ‘ essentially contestable’ criteria of interpersonal exploitation claims. It puts forward a conception of exploitation: ‘ legal contractual exploitation’ , a form of wrongdoing that arises in connection with the formation of contracts. This notion is shown to underpin traditional heads of relief in contract law, including unconscionable dealing, undue influence, unilateral mistake in equity, and ‘ lawful act’ duress. Importantly, this notion of legal contractual exploitation conforms to the intellectual and institutional forms of order presupposed by the classic liberal conception of the contract. The wrongfulness of an act of exploitation must reside in some characteristic of the processes of contract formation rather than in some quality of the impugned contract itself. The doctrines of unconscionable dealing, duress, and undue influence are examined in detail in the light of what they each reveal about the ‘ process’ conception of legal contractual exploitation. In turn, the volume explains how an understanding of these contract law doctrines can be enhanced by a proper conception of exploitation.
Legal Contractual Exploitation
Authors: Bigwood Rick 
Published: November 2023

Abstract
When a person complains of exploitation by another, we know, or think we know, exactly the nature of the complaint. The mere mention of the word ‘ exploitation’ in relation to a fellow ‘ person’ (as opposed to a mere ‘ thing’ ) excites a visceral sense of moral wrongdoing innate to our common humanity. Yet only when we press the notion do we discover that, unlike ‘ pornography’ we may not truly know exploitation when we (think we) see it.
Exploitation of Special Advantage: Unconscionable Dealing
Authors: Bigwood Rick 
Published: November 2023

Abstract
One of the routine functions of the common law, it has been said, is to ‘ mediate between the possessors of power and those affected by its exercise’ .2 Yet lawyers and law-making institutions are constrained to accept that there are limits to the protection that society can extend to its members against exploitation. The two most obvious protective strategies currently implemented by modern liberal democracies toward the reduction or elimination of interpersonal exploitation are ‘ interference’ and ‘ redistribution’ .3 ‘ Interference’ involves making it more difficult for power-holders to use their power to exploit the vulnerable.
Introduction
Authors: Brown Schuyler 
Published: November 2023

Abstract
Spoken language is the principal . means of communication between contemporaries. Written language makes possible our communication with the past. Among all the literary monuments from the past, some have achieved, at least within a particular culture, a normative status which makes them ‘classics’. Of these classics, there are a few which have become the text in terms of which a culture seeks to understand itself and its continuing experience in history. For the ancient Greeks, Homer’s Iliad and Odyssey held a unique position of pre-eminence. The devotion of the Jews to every letter of the Torah, that is, the Pentateuch or first five books of the Hebrew Bible, led to their being known as ‘the people of the book’. The Bible, including the Old and New Testaments, has influenced Western civilization more than any other literary composition or collection. Within the English-speaking world, the influence of the Authorized Version is even greater than that of our greatest playwright, William Shakespeare.
Lord and Spirit
Authors: Brown Schuyler 
Published: November 2023

Abstract
1 Cor. 15: 3 is our earliest evidence for the fact that soon after Jesus’ death his disciples began to preach him as the Christ, a title which comes from the translation into Greek of the Hebrew term ‘Messiah’. Through this proclamation they bore witness to their belief that Jesus had been vindicated by God. The Messiah title, which was identical in meaning with the charge affixed to Jesus’ cross (‘the king of the Jews’ (Mark 15: 26 par.)), was perceived to be rightfully his, not in the sense that he had been a political pretender, as the Romans may have feared (cf. Mark 15: 2 par.), but in the sense that he was Israel’s redeemer king, who would save God’s people from their sins (cf. Matt. 1: 21).
Animal Welfare Law in Britain
Authors: Radford Mike , Broom Donald M 
Published: November 2023

Abstract
This is the most detailed and authoritative treatment of the current state of animal welfare law in Britain to date. It provides a full analysis of the substantive law, considers its objectives, application and effectiveness, the background to the current debate and the arguments for and against further reform. It includes full coverage of key topics such as the law relating to agricultural production, transportation, scientific procedures, entertainment, domestic pets, wildlife, hunting and enforcement.
The Source of the Autonomy
Authors: Nygh Peter 
Published: November 2023

Abstract
Before we can discuss the limits on the exercise of the autonomy of the parties, we must enquire into the source of that autonomy. There are two basic choices: the will of the parties is constituent by itself and does not depend for its validity on any particular municipal system of law, or it is given force and effect only by reference to the conflicts rules of a particular municipal system of law. In the latter case, the further question arises as to which system of law.
Rewriting Caucasian History
Authors: Thomson Robert W 
Published: November 2023

Abstract
After the invention of a national script, c.400 AD, Armenians rapidly developed their own literary forms, drawing on foreign texts as well as their own traditions. Historical writing is the most original genre in classical and medieval Armenian literature. Greek works (including the Chronicle of Eusebius, now lost in Greek but preserved in Armenian) constituted the major part of translated histories. But in the thirteenth century the extensice Chronicle of the Syrian Patriarch Michael and the first part of the Georgian chronicles were adapted for an Armenian readership. The collection known as the `Georgian Chronicles' was finally codified in the eighteenth century and represents only a small part of Georgian historical writing. The thirteenth century Armenian version is in fact the earliest attestation of this growing corpus of texts, predating all extant Georgian manuscripts of it. This book presents the two texts, Georgian and Armenian, in English translation for the first time. The Introduction and Commentary draw attention to the ways in which the unknown Armenian translator changed his original material in a pro-Armenian fashion. His rendering became the standard source for early Georgian history used by later Armenian historians. The book includes a useful overview of the background to the chronicles, the history and culture of Christian Georgia and Armenia, and their respective languages and literature.
The Ministry of Jesus
Authors: Elliott J K 
Published: November 2023

Abstract
The bulk of the four canonical Gospels is concerned with the period of Jesus ‘ public ministry from his baptism to his death. These New Testament Gospels are full of the teachings, miracles, and travels of Jesus. By contrast, the post-Biblical traditions seem to have been less interested in amplifying or supplementing such material. Nevertheless, several apocryphal texts do concern themselves with the period of Jesus ‘ earthly ministry. We find in them sayings and miracles. Some of these are related to the material in the canonical New Testament, but many are quite new and different. Even those sayings close to the New Testament are usually not identical in content or language, and this suggests a degree of independence. The existence of additional stories and ‘secret sayings ‘ (to use this conventional, but erroneous, description) need not surprise us. The New Testament authors themselves did not claim to give a complete record of everything that Jesus did and said.
Heaven and Hell
Authors: Elliott J K 
Published: November 2023

Abstract
Curiosity about the character of heaven and hell fascinated Christian writers from the earliest times. Two of the most influential texts were the Apocalypse of Peter, dating probably from the mid-second century, and the Apocalypse of Paul, probably written in the fourth century. Once again, one finds the names Peter and Paul in use as the supposed authors of apocryphal works. That an apocalypse was written in Paul ‘s name is not surprising given the statement by Paul in 2 Corinthians 12 that he had been ‘caught up as far as the third heaven ‘. In the authentic Pauline literature this baffling statement is not explained. It was an obvious gap that was left to the imagination of a later writer to fill. The Apocalypse of Paul tells what happened to Paul on his other-worldly visits. This apocalypse proved to be the most popular of the Western church ‘s apocryphal apocalypses, and it led to the generally held beliefs about heaven and hell that fuelled the medieval imagination. Much of the art and sculpture in the Middle Ages depicting the afterlife was inspired by this work. Dante ‘s Inferno was also influenced by the Apocalypse of Paul and even quotes it. The first extract below (1) is taken not from one of these apocalypses but from the Acts of Thomas, which includes an apocalyptic passage. The context is a scene in which a woman is restored to life by the apostle, and she then gives an account of her experiences. This is followed by the pictures of heaven and hell found in the Apocalypse of Peter (2). If a modern reader feels that some of the imagery is commonplace, this familiarity is due to the pervading influence apocalyptic texts such as this one have had on subsequent literature.
The Health and Safety Executive
Authors: Hutter Bridget M 
Published: November 2023

Abstract
The focal point of the empirical work undertaken was the Health and Safety Executive (HSE), the largest regulatory body in Great Britain (Centre for Socio-Legal Studies, 1983) and thus especially attractive to students of ‘social regulation’. This Chapter describes the origins, structure, and aims of HSE during the research period 1983-6, and explains how this study was organized. In particular, it details how and why the inspectorates, which form the basis of this research, were selected and how fieldwork with them was structured.
The Political and the Economic Constitution of the European Union
Authors: Sauter Wolf 
Published: November 2023

Abstract
Since the founding of the EC, the nature of the relations between market, Member States and Community has been contested. This is all the more true because the Community is a divided power system, in which the question of the need for intervention and the level at which this intervention should be decided and conducted are intimately connected. This debate has largely been conducted in legal terms. It has focused on the question whether the Rome Treaty itself prescribed or favoured a specific economic paradigm for the Member States, or whether a plurality of economic systems at the national level might be compatible with the economic law of the Community.
Forum Selection and an Anglo-American Conflict
Authors: Collins Lawrence 
Published: November 2023

Abstract
The history of the litigation discussed in these notes underlines the importance of jurisdiction clauses in international contracts. The Supreme Court’s decision in MIS Bremen v. Zapata Off-Shore Co., 407 US I (1972) established that a forum selection agreement in an international contract would generally be upheld. The jurisdiction agreement in that case was a negotiated compromise (providing for English jurisdiction) in an international towage contract between an American rig owner and a German tug owner. The Supreme Court subsequently upheld a jurisdiction agreement contained in a standard form contract of passage for a cruise beginning and ending in Los Angeles, California: Carnival Cruise Lines, Inc. v. Shute, III S. Ct. 1522 (1991). In England the decision of Brandon J. in The Eleftheria [1970] P. 94 was approved in the Court of Appeal by Brandon LJ in The El Amria [1981] 2 Lloyd’s Rep. 119, 123-124 (CA) and in the House of Lords by Lord Brandon in The Sennar (No. 2) [1985] 1 WLR 490,500 (HL).
The Marc Rich Case and Actions for Negative Declarations
Authors: Collins Lawrence 
Published: November 2023

Abstract
As the postscript originally published with this piece shows, the essential question which it raises has been referred to the European Court by the Court of Appeal: now reported sub nom. The Maciej Rataj [1992] 2 Lloyd’s Rep. 552 (CA). That question is whether the /is pendens principles of the Brussels Convention allow a party to pre-empt the natural forum by bringing an action for a negative declaration in a less appropriate forum (but one with jurisdiction under the Convention). In the Court of Appeal Neill l.J expressed concern that the European Court might decline to answer the question, no doubt on the basis that the case was already covered by the decision in Case 1441’86 Gubisch v. Palumbo [1987] ECR 4861. But the article endeavours to show that the case may be different where the action for a negative declaration is brought first, as in The Maciej Rataj, rather than second, as in Gubisch v. Palumbo.
The Effect of Inherent Meaning and Other Elements On Aspectual Function
Authors: Fanning Buist M 
Published: November 2023

Abstract
It was argued in the first chapter that interpreting the aspects requires an understanding of the basic meaning of the aspects themselves as well as their function in combination with other linguistic features. Aspect interacts so closely with other features and is so significantly affected by them that no analysis of it can be meaningful without attention to these elements. It is the goal of this chapter to examine and define what these other features are and to describe in general terms what effect they have on aspectual function when combined with the aspect-values delineated in Chapter 2.
Conclusion
Authors: Fanning Buist M 
Published: November 2023

Abstract
The primary argument of this book has been that understanding verbal aspect requires a grasp of both the basic meanings of the aspects themselves and their function in combination with other linguistic and contextual features. The semantic complexity of aspectual usage suggests that one must unpack several levels of meaning in order to give an adequate account of aspect. More particularly, it has been argued that aspect should be analysed both at a definition level and at a function level.
The Metaphysics of Agency
Authors: Westberg Daniel 
Published: November 2023

Abstract
ST Thomas developed his philosophy of action not from a doctrine of law but from a profound metaphysics of being. (This is not a disjunction, however, since the harmony of law and human action is achieved in the doctrine of participation in the mind of God, who governs the universe with wisdom and love.) Thomas’s theory of being, truth, and good is conspicuously absent from Protestant ethics as well as from much post-Tridentine Catholic moral theology, but not because it is obscurely buried in a great field: it is prominent at the beginning of the Summa Theologiae, is found throughout his works, and underlies his description of intellect and will. When this metaphysical doctrine is played down or ignored then the explanation of the motivation for action will inevitably take false turns.
Historical Development
Authors: Stanbrook Ivor , Qc Clive Stanbrook 
Published: November 2023

Abstract
The first examples of what nowadays would be called extradition arrangements were concerned more with political refugees than with criminals. In early times it was the normal practice, within the discretion of an individual ruler, for a State to give asylum to refugees from another State. The granting of asylum to a foreign national was an expression of State sovereignty: his surrender (extradition) therefore required a degree of formality, usually a treaty, marking the exception to the rule.
The Speciality Rule1
Authors: Stanbrook Ivor , Qc Clive Stanbrook 
Published: November 2023

Abstract
The rule which forbids the detention or trial of an extradited person, in the country to which he has been surrendered, for any offence committed prior to his surrender other than that for which he was extradited, is a feature, expressly or by implication, of all extradition arrangements. It appears to be universally recognised and therefore merits the status of a general principle of international law.
Procedure (Outward Extradition)
Authors: Stanbrook Ivor , Qc Clive Stanbrook 
Published: November 2023

Abstract
In Part I of this work we examined the principles and common features of the modern law of extradition as they are practised in the United Kingdom and in most of the other countries with which the United Kingdom has extradition arrangements.
In Part II we propose to deal with those features of current UK extradition law which are not necessarily shared with other countries.
Extradition from the Commonwealth
Authors: Stanbrook Ivor , Qc Clive Stanbrook 
Published: November 2023

Abstract
As stated in Chapter 12, extradition arrangements between the United Kingdom and the countries of the Commonwealth are contained in reciprocal legislation based on a model scheme formulated in concert with Commonwealth governments in 1966. The original Commonwealth Scheme has been amended from time to time. A copy of the current version appears in Appendix I.
Extradition from Other Countries, Including the USA
Authors: Stanbrook Ivor , Qc Clive Stanbrook 
Published: November 2023

Abstract
Inward extradition to the United Kingdom from the Irish Republic, Europe and the Commonwealth was discussed in Chapters 15, 16 and 17 respectively. This chapter deals with inward extradition from other foreign countries, which may be provided under:
A. bilateral treaties made with foreign countries under the Extradition Act 1870 (now regulated by Schedule 1 to the Extradition Act 1989), including the treaty with the USA;
Diversion in West Yorkshire: An Impact Study
Authors: Laing Judith M 
Published: November 2023

Abstract
This chapter is concerned with assessing the impact of diversion in West Yorkshire, and it will essentially be considering whether the diversion schemes are actually providing mentally disordered offenders with access to appropriate health and social services care. It has already been shown that therapeutic disposals are preferable to custodial measures wherever possible and appropriate, and so this chapter examines to what extent the diversion schemes in West Yorkshire, which share this aim, are actually achieving it. This impact assessment exercise is divided into two parts. The first involves a consideration of the quantitative data collected from the court diversion personnel throughout the period of the study. This data outlines the basic demographic details of the diverted offenders assessed at court. In particular it indicates the index offences and any previous psychiatric and/or offending history. This will enable a profile to be constructed of the types of mentally disordered offenders who are being referred to and assessed as part of the schemes. This is significant, as the decision of suitable and appropriate candidates for diversion is an important one to ensure that resources are properly utilized and not wasted. This data also reveals the outcomes of the diversion process-the number of discontinuances, therapeutic remands, and disposals and precisely what was achieved in each case as a result of the CPN ‘s involvement-and was supplemented by quantitative data from the West Yorkshire Probation Service on the incidence of therapeutic disposals. This also indicates the impact that the diversion schemes are making upon the levels of therapeutic disposals being made in the magistrates ‘ courts in West Yorkshire. Considered as a whole, this data will enable an assessment to be made as to whether mentally disordered offenders are being given access to appropriate care and treatment.
Consumer Complaints: The Financial Ombudsman Service
Authors: McMeel Gerard , Virgo John 
Published: November 2023

Abstract
Part XVI of the Financial Services and Markets Act 2000 (‘the Act’ or the ‘2000 20.01Act’)1 provides the statutory framework for the Financial Ombudsman Service (‘FOS’).2 The Act requires the FSA to create a scheme as a separate company so as to be operationally independent of the Authority.3 The Financial Services Authority (‘FSA’) sees the existence and effective operation of the FOS as an ‘integral part of its consumer protection objective’.