bluuebunny/crossref_metadata_2025_split huggingface dataset:
Striking Out Claims Or Defences
Authors: Andrews Neil 
Published: November 2023

Abstract
The court will be justified in striking out a claim or defence for non-compliance with an ‘unless order’, for example, one requiring specific disclosure of documents, only if the relevant order is sufficiently precise.3 In the same case it was said that the court will reject a party’s attempts to stifle the opponent’s claim or defence by making pedantic allegations that the latter has failed to comply with such an order.
Inadvertent Disclosure Of Privileged Material
Authors: Andrews Neil 
Published: November 2023

Abstract
Other chapters contain, as it were, substantive discussion of various privileges. The present chapter is predominantly concerned with the problem which occurs when documents protected by one of these, legal professional privilege, are inadvertently disclosed to the other side, but inadvertent disclosure is not confined to that privilege. The ‘inadvertent’ or mistaken nature of disclosure distinguishes the present chapter’s material from the question of ‘deliberate waiver’ which is discussed elsewhere.
Evidence In General
Authors: Andrews Neil 
Published: November 2023

Abstract
The fact that this chapter is relatively short might surprise some readers, especially foreign lawyers unfamiliar with the modern trends of English litigation. Even after account is taken of six other chapters containing detailed discussion of aspects of evidence law, the reader might still ask: why are the central elements of English civil evidence, namely those applicable to trial, relatively simple? That England is blessed in this regard became apparent to the author at a recent discussion in Beijing, where US, German, Japanese and English civil procedure were being examined by Chinese officials and scholars.
Finality In Civil Proceedings: Claim And Issue Preclusion (Res Judicata) And Related Doctrines
Authors: Andrews Neil 
Published: November 2023

Abstract
This principle has already been introduced in another chapter. We shall see that the requirements that there should be an end to litigation and that matters which have been adjudicated or resolved should not be readily re-opened in other litigation have strong roots in public policy (see the next sub-section), and that the underlying principle of finality is abundantly supported and acknowledged by various rules and legal institutions.
Applications For Judicial Review
Authors: Andrews Neil 
Published: November 2023

Abstract
Public law is concerned with the interaction between individuals and public bodies, and between one public body and another. The substantive principles of public law are directed at ensuring that public bodies perform their duties and do not exceed or abuse their powers. In the exercise of their powers of judicial review, the courts can prevent such abuses. There are numerous grounds of invalidity which can affect a public authority’s decision.
Mark’s Gospel: The Way of Jesus
Authors: Stanton Graham 
Published: November 2023

Abstract
In modern times Mark’s gospel has been studied more intensively than any of the other gospels. Since most scholars accept that it was the first written gospel, it has usually been given pride of place in attempts to recover the teaching of the historical Jesus. In the early church, however, Mark was rather neglected. Scribes copied it less frequently than the other gospels; preachers rarely referred to Mark, and it was read only occasionally in church services; few commentators discussed it in detail.
What do we Know about Jesus of Nazareth?
Authors: Stanton Graham 
Published: November 2023

Abstract
In the opening pages of this book we sketched out some of the reasons why Christians and non-Christians alike continue to be fascinated by the life and teaching of Jesus of Nazareth. But we resisted the temptation to go searching for the historical Jesus until we had gained an appreciation of the evangelists’ individual ways of setting out both the story and the significance of Jesus. In Chapter 9 we shall discuss some of the methods which can be used to recover the teaching and actions of Jesus. In this chapter we shall consider whether or not Jesus existed, and then turn to literary and archaeological evidence from outside the gospels which may help us in our quest.
Parables and Aphorisms
Authors: Stanton Graham 
Published: November 2023

Abstract
The parables are one of the most distinctive features of the teaching of Jesus. The synoptic evangelists all record that Jesus used parables extensively. Mark claims (no doubt with some exaggeration) that Jesus did not speak to the crowds without a parable (4:34). Mark includes six parables, Matthew twenty-one, and Luke twenty-nine; nine parables can be traced to Q, nine to the special traditions found only in Matthew (‘M’), and eighteen to Luke’s special traditions (‘L’). In each gospel some of the parables are linked explicitly to Jesus’ proclamation of the kingdom of God.
Miracles and Exorcisms
Authors: Stanton Graham 
Published: November 2023

Abstract
In the preceding chapters we saw that Jesus was both a prophet who called for a response to the coming kingly rule of God, and a wisdom teacher. Was Jesus also a healer and an exorcist? There are eighteen traditions in Mark which portray Jesus as a miracle-worker or exorcist. Most of these are retained by Matthew and Luke, who add two Q and several ‘M’ and ‘L’ traditions. In all, there are seventeen accounts of healings in the gospels, including three of revivification; there are six accounts of exorcisms. Eight further traditions are usually referred to as ‘nature miracles’. These numbers do not include parallel passages or the many references to miracles in the evangelists’ summary passages. The bald statistics confirm the prominence of miracles in the gospels.
The Last Days
Authors: Stanton Graham 
Published: November 2023

Abstract
The four evangelists all record in some detail the last days of Jesus before his crucifixion and burial. In the final part of their stories they agree much more closely in the order of the events and in the content of the individual episodes than they do earlier. This is not surprising. It does not matter very much whether the incidents Mark records in 2: 1 to 3: 6, for example, happened early in the ministry of Jesus or not. Mark might well have included some of these stories in his collection of conflict traditions in chapter 12. But within the passion narratives the order of the individual episodes usually does matter. Mark could not have recorded the crucifixion of Jesus before referring to his arrest!.
Who Was Jesus of Nazareth?
Authors: Stanton Graham 
Published: November 2023

Abstract
In this book we have emphasized that the evangelists are concerned with both the story and the significance of Jesus of Nazareth. As we saw in Part I, the evangelists’ claims about Jesus differ considerably in emphasis and in detail, yet they share a number of convictions. They all proclaim that Jesus is the Christ, the Son of God, and the fulfilment of Israel’s hopes. The story of his life, death, and resurrection is the foundation of the Christian story.
The Nature of the Rights
Authors: Clayton Richard , Tomlinson Hugh 
Published: November 2023

Abstract
The closely related principles of ‘due process’ and ‘the rule of law’ are fundamental to the protection of human rights. Such rights can only be protected and enforced if the citizen has recourse to courts and tribunals which are independent of the state and which resolve disputes in accordance with fair procedures. The fair ness of the legal process has a particular significance in criminal cases but ‘fair trial rights’ must also be applied in other proceedings which deal with disputes between citizen and state.
The Impact of the Human Rights Act
Authors: Clayton Richard , Tomlinson Hugh 
Published: November 2023

Abstract
The Human Rights Act will give further impetus to the increasing focus of the English courts on ‘fair trial rights’. Article 6 has already been the subject of de tailed discussion in a number of criminal cases. Its impact on the practice of the criminal courts is likely to be considerable. The complex and frequently changing rules of criminal procedure and sentencing wil1 be subject to re-assessment in the light of Convention ‘fair trial’ principles.
Designing Creative Careers and Creative Lives through Reduced-Load Work Arrangements
Authors: Buck Michelle L , Lee Mary Dean , Macdermid Shelley M 
Published: November 2023

Abstract
When we first think of creativity, we may think of artists or scientists, and paintings or writings or patents or dramatic breakthroughs. We may think of sources of inspiration, bold moments of creative insight, or specific outcomes of creativity. We may think of famous creative individuals. In these cases, creativity might be considered something that is unusual, unexpected, novel, and different from the norms for the given context. Using this perspective, another stream of creativity emerges, although perhaps more gradually, in the careers and lives of many professionals and managers in organizations. This creativity emerges over time, as the individuals and their organizations pursue new paths, not limited by precedent and traditions, but in response to changing needs and changing contexts. Indeed, Bateson (1989: 3, 9) speaks of people’s creativity in ‘composing a life’, and about ‘life as an improvisatory art... in which commitments are continually refocused and redefined’.
Creativity in Contract Workers’ Careers
Authors: Parker Polly 
Published: November 2023

Abstract
Contract workers-people who undertake temporary rather than permanent job assignments-create their own careers. They do so by eschewing traditional models of either organizational or occupational careers, giving rise to an emergent pattern of work arrangements that is creative, and, according to the workers’ own subjective criteria, successful. Although the careers of contract workers appear to be different from most people’s careers, the micro-building blocks or job assignments from which the careers are derived may not be so different. What appears to be different is the creative act-what Bateson (1994: 10) describes as the ability ‘to attend to something new, or to see the familiar in a new way’-in putting sequences of jobs together. Contract workers’ behavior is consistent with recent calls in career theory to depart from traditional career models and to adopt ‘new viewpoints on what we once took to be familiar’ (Arthur and Rousseau 1996: 370).
Introduction
Authors: Burt Ronald S 
Published: November 2023

Abstract
Saturday probably began like most days for George Temple. He woke up hungry, perhaps hesitant to get out of his warm bed. This Saturday will turn out to be unique: George will be dead at the end of it. But that will be later. Now was about breakfast and waking up. The trouble started just before noon when the regiment rounded the edge of town and started up the two linked hills known locally as Marye‘s Heights, because of the Marye family farm at the top.
The Equity Markets, Ownership Structures and Control: Towards an International Harmonization?
Authors: Elst Christoph Van Der 
Published: November 2023

Abstract
This paper provides an overview of the evolution of the equity markets and ownership structures in the nineties. Data on the equity markets show that the primary distinction between market-oriented and network-oriented systems must be readjusted. In some network-oriented countries equity markets became broader and more valuable. It seems that firms in network-oriented countries are seeking external capital without opting into legal systems that are more protective of minorities.
Shareholder Value: A New Standard for Company Conduct
Authors: Blair Michael 
Published: November 2023

Abstract
This short contribution analyses the underlying purpose of the high-level obligations laid on directors by the general law of corporations in England and Wales, together with a short addition on the further duties of financial companies under the U.K. system of financial regulation. To the question “What are the directors of a company supposed to try to achieve?” the answer given is that, with the benefit of enlightened self interest, and a sense of appropriate civic responsibility, the concept of maximizing shareholder value is indeed a dominant concept for describing, motivating, and evaluating company conduct.
Decision-making under the Second Pillar
Authors: Hyde-Price Adrian 
Published: November 2023

Abstract
The second pillar-comprising the Common Foreign and Security Policy (CFSP), including its more recent European Security and Defence Policy (ESDP) component-is often regarded as a somewhat esoteric area, separate and apart from pillar one ‘Community’ business, widely seen as the ‘real’ substance of the EU. In important respects, this is the case. The second pillar is certainly distinctive in terms of its decision-making structures, its forms of accountability and the sources of its legitimacy. It is also frequently seen as having insubstantial policy output, with declaratory policy over effective action being the rule rather than the exception. Once again, there is some truth to this. Since late 1998, however, dramatic developments have begun to trans form the character and profile of the second pillar. Indeed, the last few years have seen more progress in European security and defence cooperation than in a11 the decades since the failure of the European Defence Community (EDC) in J 954.
Accountability and Legitimacy: What is the Contribution of Transparency?
Authors: Dyrberg* Peter 
Published: November 2023

Abstract
Since the term ‘transparency’ emerged in a European Union context approximately ten years ago, its use has become widespread. The term commonly appears in the company of other positive terms and expressions such as ‘openness’, ‘democracy’, ‘close to the citizens’, ‘accountability’ and ‘efficiency’. As this list illustrates, transparency has links to on going debates in the European Union such as those on the democratic deficit, good governance and administrative reform. Therefore, a few clarifying remarks should be made about the term.
The EU and Democracy Legitimate Intervention in the Domestic Affairs of States?
Authors: Neuwabl Nanette , Wheatley* Steven 
Published: November 2023

Abstract
This chapter examines the nature of democracy in the European Union and its legal order. Much of the current discussion about the EU and democracy is concerned with the institutions of the EC/EU itself rather than with its impact on the democratic systems of Member States and third countries. This chapter considers the expediency of procedures whereby democratic principles can be enforced against States within the framework of the EU. Particular attention is paid to the sanctions imposed by the J 4 EU Member States against Austria throughout 2000, and the ‘enforcement’ of democratic principles by the EU in its relations with those States applying for membership of the Union. Finally, attention is drawn to possible areas of reform.
EMU and Enlargement: Twin Threats to European Regional Cohesion?
Authors: Martin Ronald L 
Published: November 2023

Abstract
There can be little doubt that the European Union is entering an historic phase in its evolution. Over the next decade or so, two major developments are set to transform the economic landscape of the EU. First, the formal introduction of a single currency union-the Eurozone-on I January 2002 marked a major step in the economic integration (or ‘deepening’) process in the EU. Covering 12 of the 15 Member States, some 300 million EU citizens, this formative move towards full economic and monetary union (EMU) is the culmination of an idea that dates back thirty years to the Werner Plan of 1970. Money is one of the most tangible symbols of nationhood, of a nation’s territorial integrity, sovereignty, and history, and by abandoning their own currencies for the euro, the twelve members of the Eurozone are shedding not only part of their cultural identity but a considerable element of their economic autonomy.
Legitimacy and Accountability in EU Enlargement: Political Perspectives from the Candidate States
Authors: Fowler* Brigid 
Published: November 2023

Abstract
This chapter explores democratic political legitimacy and accountability in EU enlargement, focusing on the candidate countries of central and eastern Europe (CEE). Issues of legitimacy and accountability in enlargement have become more relevant as the process has gathered force since the EU’s December 2000 Nice summit. In some respects, Nice represented a major step forward in the enlargement process. It established what was at the time the closest thing to an enlargement timetable the EU had produced, with a ‘road map’ to the conclusion of accession negotiations for some candidates by the end of 2002, and the specification of the EU’s ‘hope’ for enlargement in 2004. This timetable has become firmer since Nice, with the EU at its December 2001 Laeken summit naming eight CEE states (excluding Bulgaria and Romania) which it expects to be able to join the Union in 2004 (together with Cyprus and Malta).
Free Movement of Persons in the European Union: The Legal Framework
Authors: Lonbay Fulian 
Published: November 2023

Abstract
At the special meeting in Tampere in October 1999 the Member States discussed the creation of an area of freedom, security and justice in the European Union. The aims were ambitious and involved developing a comprehensive approach to migration, including approximating rules on the admission and residence of third country nationals who should be treated fairly and with equality vis-a-vis European citizens. The policy was also to take into account the needs of neighbouring countries. Addition ally Member States were to try to create a common European asylum system. These vaulting ambitions were not present in the 1950s when the European Communities began their life, but have gradua11y evolved and been implemented using a variety of legal instruments. This chapter cannot deal with all the policy issues in this area; however it wi11 outline the legal framework created to achieve this massive undertaking and point out some of the major weaknesses in its structure in the light of a number of the proposals currently on the table in order to achieve the an area of freedom, security and justice in the European Union.
Immigration after Nice: From ‘Zero Immigration’ to Market Necessity
Authors: Dell’Olio Fiorella 
Published: November 2023

Abstract
The idea of building a secure space in Europe has been at the centre of the integration process for decades. Immigration and asylum have been increasingly presented, in particular during the last twenty years, as a danger to both the public order and labour market stability. Immigration, therefore, becomes a security question in that discussions about security within the area of migration are often presented as an inevitable policy response to the problem of public order. According to this view, the perception of a security problem triggers a response, which is to say that evidence of a problem precedes any reaction in terms of policy. In a democratic regime, the idea of security is partly predicated on the idea of justice. In turn, ‘justice’ is a complex and contested concept, ranging over such issues as the rule of law, fundamental rights, fairness and questions of (re)distribution. The fair administration of justice is one of the means by which a political system gains legitimacy.
National States, European Union and Changing Dynamics in the Qyest for Legitimacy
Authors: Wincott Daniel 
Published: November 2023

Abstract
In these concluding remarks I seek to place issues of legitimacy and accountability in the European Union in a broad panorama of European politics. The argument I sketch here is rooted in a view of Europe’s double distinctiveness. First, Europe is the home of the national state, the location in which this political form reached its fullest development. The second distinctive aspect of Europe was the creation of a supranational polity, whose institutions subsequently developed an unparalleled authority. In what seems to be a paradox, this super nationalism was a vital element in the development of Europe’s national states. In the early years of the integration process, the supranational institutions helped to keep peace among Europe’s national states and to hold open cross-national economic exchange. At the same time, these national states consolidated their national authority, and the general legitimacy of politics, through the welfare state. In effect, there was a partial but important separation of roles between the European and national levels. Legitimacy was primarily generated through the national state, while the supranational level enjoyed a secondary legitimacy.
Mitsui Bank’s Lending Policy in Transition in the Interwar Years
Authors: Ogura Shinji 
Published: November 2023

Abstract
In general, Japan’s largest commercial banks were little interested in exercising great influence on the managerial policies and fund positions of their customers in the interwar years. As a result, they had little interest in providing long-term loans. Instead, they dealt in short- term loans, the discounting of commercial bills, and foreign bills of exchange.After the beginning of the 1930s such a situation began to change. The commercial banks were in transition from being the in-house banks of zaibatsu to that of being the main banks for their major customers. In particular, after the hostilities between Japan and China began in 1937, the commercial banks had to meet the demand for long-term funds from their customers in the munitions industry. This was also true for Mitsui Bank, which stuck to a conservative lending policy that had been established before the First World War.
Supporting Deliberative Accountability: The Role of Traditional Accountability
Authors: Roche Declan 
Published: November 2023

Abstract
A number of accountability mechanisms regulate some restorative justice programmes and could, under the right conditions, regulate others. These mechanisms are overlooked by most critics because they generally have, at most, two types of accountability in mind: the openness of restorative justice meetings to observers; and judicial oversight of the agreements reached in restorative justice meetings. Their preoccupation with these types reflects the comparative nature of their critiques. Restorative justice (and any other form of informal justice) is compared with formal, courtroom justice, where open justice and appeal rights are two of the most important modes of accountability. This chapter examines the role these traditional types of accountability play in restorative justice programmes.
The Concept of Evidence and The Law of Evidence
Authors: Murphy Peter 
Published: November 2023

Abstract
By the term evidence, considered according to the most extended application that is ever given to it, may be, and seems in general to be, understood,-any matter of fact, the effect, tendency, or design of which, when presented to the mind, is to produce a persuasion concerning the existence of some other matter of fact: a persuasion either affirmative or disaffirmative of its existence.
Causation
Authors: Murphy Peter 
Published: November 2023

Abstract
Now that we have established these distinctions, we must proceed to consider causes, their character and number. Knowledge is the object of our inquiry, and men do not think they know a thing till they have grasped the ‘why’ of it (which is to grasp its primary cause). So clearly we too must do this as regards both coming to be and passing away and every kind of physical change, in order that, knowing their principles, we may try to refer to these principles each of our problems.