bluuebunny/crossref_metadata_2025_split huggingface dataset:
‘Family Romances’: Management Succession and the Older Man
Authors: Roper Michael 
Published: November 2023

Abstract
For Max Weber, the exclusion of emotion from public life accompanied the transition from pre-industrial to industrial organization. The specific nature of bureaucracy, he wrote, ‘develops the more perfectly the bureaucracy is “dehumanized”, the more completely it succeeds in eliminating from official business love, hatred, and all purely personal, irrational, and emotional elements which escape calculation’.
The Framework: Group Rights and Self-Determination
Authors: Ian Brownlie Q C , Brookfield F M 
Published: November 2023

Abstract
In the course of this lecture, the debate focused upon the Treaty of Waitangi will be approached from a different angle, that of group rights. The concept of group rights is reflected in a series of standard political models including self-determination and its analogues, the protection of minorities, and the rights of indigenous peoples. These models will be examined and their current relevance assessed. However, the particular ramifications of the concept of indigenous peoples will be reserved as the subject of the third lecture. The umbrella concept for present purposes is that of group rights. Oddly enough, it is far from easy to produce a neat definition of group rights. At least two criteria appear to be involved.
Waitangi: More a Problem than a Solution?
Authors: Ian Brownlie Q C , Brookfield F M 
Published: November 2023

Abstract
It is now time to produce a final report. Final, only in the sense of the structure of these lectures. The problems addressed are difficult, and my conclusions can only be provisional. Indeed, in New Zealand there is debate about the very content of the agenda, and final answers can only be expected when there is agreement about the questions that should appear on it.
Women’s Experience of Pornography: UK Magazine Survey Evidence
Authors: Itzin Catherine , Sweet Corinne 
Published: November 2023

Abstract
In the US women had a number of opportunities during the 1980s to speak in public about the harm they have experienced in their private lives as a result of pornography. In 1983 there were the hearings held by the Minneapolis City Council when they were considering whether or not to enact civil rights legislation against pornography. In 1984 there were hearings held in four US cities by the National Organization of Women (NOW), and there have since been hearings held by the US Senate.
Legislating Against Pornography without Censorship
Authors: Itzin Catherine 
Published: November 2023

Abstract
There is, in fact, no legislation against pornography. Instead there is legislation against obscenity and indecency. This is criminal legislation aimed at restricting the publication, distribution and display of material which is regarded as obscene and indecent. Legal definitions of obscenity and indecency have been vague and subjective and open to interpretation, but always formulated in terms of morality and immorality. Obscenity has therefore been something to be monitored, regulated and controlled: confined to the private sphere where it has been assumed that people should have the right to see and do whatever they want without harming or offending others. This legislation has proved to be inadequate and ineffective in dealing with pornography.
Knowledge Strategies: Propositions From Two Contrasting Industries
Authors: Earl Michael J 
Published: November 2023

Abstract
It has been argued by Bell (1979) and others that knowledge is the key resource of the post-industrial era and that telecommunications is the key technology. Employment categories have been reclassified to accommodate knowledge-working (Porat 1977) and some analysts have argued that knowledge workers already form the dominant sector of western work forces (OECD 1981). Computer scientists are prone to suggesting that knowledge-based systems can yield abnormal returns. For example, Hayes-Roth et al. (1983) claim that knowledge is a scarce resource whose refinement and reproduction create wealth and, further, that knowledge-based information technology is the enabler that turns knowledge into a valuable industrial commodity. It could be argued whether knowledge is scarce, particularly as it can be created, reproduced, and shared with as much chance of multiplying value as depleting it. Indeed, economists who are concerned with allocation and distribution of scarce resources—and also who make assumptions about availability of perfect or costless information—do recognize these unusual qualities, classifying knowledge as a public good (Silberston 1967).
Discretion and Rules A Lawyer’s View
Authors: Schneider Carl e. 
Published: November 2023

Abstract
In modern society the law regulates the complex behavior of millions of people. To do this efficiently—to do this at all—broadly applicable rules must be used. Yet such rules are bound to be incomplete, to be ambiguous, to fail in some cases, to be unfair in others. Some of the drawbacks of rules can be minimized by giving discretion to the administrators and judges who apply them. Yet doing so dilutes the advantages of rules and creates the risk that discretion may be abused. Working out the proper balance of these considerations is both necessary and perplexing in every area of law.
Scholars, lawyers, and judges are hardly unaware of these problems. Those who have most directly addressed the problem of discretion fall primarily into two groups. The first group comprises of those—principally sociologists1 and political scientists, but also some lawyers-who examine discretionary decisions and ways of controlling discretionary decisions in various particular bureaucratic contexts, most extensively the police. The second group consists of the legal philosophers who have for decades, if not centuries, asked, ‘Do judges in some cases have freedom in resolving legal issues to decide them more than one way, or are judges always legally bound to reach one conclusion rather than any others?’ (Greenawalt 1975: 365). The former group thus directs its attention to highly context-specific questions, the latter to highly abstract questions.
Absolute Judicial Immunity Derationalized
Authors: Olowofoyeku Abimbola A 
Published: November 2023

Abstract
The need to justify any rule immunizing one party in respect of unlawful damage caused to another is clear from the above quotation, and from the observation of Doyle J. in Mason v. Melendez that ‘Immunity from damages, whether absolute or qualified, represents a sharp departure from the principle that persons are responsible for the harm they inflict upon one another, and that the victims may seek compensation from the perpetrators’. When such an immunity is absolute, the need for justification is even greater, and for present purposes absolute judicial immunity is the focal point. As discussions in earlier chapters reveal, the immunities of judicial officers from civil liability are, according to judicial interpretation, absolute once the judicial nature of their actions is established. Neither malice, negligence, nor corruption affect these immunities.
An ‘Agreement in Writing’ to Arbitrate
Authors: Mann F A 
Published: November 2023

Abstract
In Zambia Steel & Building Supplies Ltd. v. James Clark & Eaton Ltd. [1986] 2 Lloyd’s Rep. 225 the English sellers had sent to the Zambian buyers a quotation which was no more than an invitation to make an offer and which contained an arbitration clause. The contract was concluded orally in Zambia on the terms of the quotation. The Court of Appeal (O’Connor and Ralph Gibson L JJ and Sir Denys Buckley) held that the buyers had orally assented to the written terms and that therefore there existed an agreement in writing to submit to arbitration within the meaning of section 7 of the English Arbitration Act 1975. In reaching this result the Court followed the singularly liberal practice which earlier decisions had established for the purpose of the words ‘written agreement to submit’ in section 32 of the Arbitration Act 1950 (and its predecessors) and which was most recently affirmed in Excomm Ltd. v. Ahmed Abdul-Qawi Bamaodah [1985] 1 Lloyd’s Rep. 403.
Foreign Awards
Authors: Mann F A 
Published: November 2023

Abstract
IN Hiscox v. Outhwaite [1991] I WLR 297 an arbitrator sitting in London had made an award holding the respondent Outhwaite liable. Thereupon the respondent proceeded as one would expect: he applied to the High Court for leave to appeal, for an order directing the arbitrator to state further reasons for remission of the award. These applications were made pursuant to section 1(3)(b) and section 1(5) of the Arbitration Act 1979 and section 22 of the Arbitration Act 1950. In other words, the respondent not unnaturally, proceeded on the footing that the award had been made in England where the proceedings had taken place. No doubt that respondent and his advisers were fully aware of the fundamental distinction which English law draws between awards made in England, i.e. English awards, and awards made abroad, i.e. foreign awards. The former are governed by Part I of the Arbitration Act 1950 as amended by the Arbitration Act 1979, while the latter come under Part II of the Act of 1950 and the Act of 1975.
Service Outside the Jurisdiction
Authors: Mann F A 
Published: November 2023

Abstract
Although the decision of the House of Lords in The Brabo [1949] 1 All ER 294 raises certain questions of constitutional law upon which others will probably wish and feel qualified to comment, it is primarily important for the interpretation of Order I I of the Rules of Supreme Court relating to the service of process upon a defendant outside the jurisdiction. The plaintiffs brought an action against a Belgian company, the Ministry of Supply, and the British Iron and Steel Corporation, Ltd., and applied for leave to serve the first defendants on the ground (Order II, r. 1, sub¬ paragraph (g)) that they were a ‘proper party to an action properly brought against some other party duly served within the jurisdiction’.
National Bank of Australasia Ltd.v. Scottish Union and National Insurance Co. Ltd.
Authors: Mann F A 
Published: November 2023

Abstract
The decision of the High Court of Australia in National Bank of Australasia Ltd. v. Scottish Union and National Insurance Co. Ltd. (1951) Argus LR 229 was shortly referred to at (1952) 68 LQR 205, but has now been reversed by the Privy Council (see [1952] AC 493) and in these circumstances the case requires more extended comment.
‘Peoples’and‘Populations’-Indigenous Peoples and the Rights of Peoples
Authors: Nettheim Garth 
Published: November 2023

Abstract
Since the early I 970s there have been attempts by a number of individual nation states, including Australia and Canada, to come to terms in their different ways with the claims of indigenous peoples. The international legal system, too, has begun to acknowledge that indigenous populations may have claims worthy of response in terms of international law.
Introduction
Authors: Lobban Michael 
Published: November 2023

Abstract
Fourteen years after the Sharpeville shootings, the legal assault that had been unleashed on protest organizations in its aftermath seemed to have had the effect of crushing political activity. ‘Right now there are people who are dying right in Robben Island because of their convictions,’ Harry Nengwekhulu told a SASO meeting at the University of Natal’s Black section, ‘They are rotting there because they have been destroyed.’1 By the 1970s, apartl;leid was no longer a new policy being put into place, as it had been in the 1950s, but was an entrenched reality, reaching its fulfilment with the granting of ‘independence’ to Transkei in 1976. On the surface, there appeared to be stability. Whites, who had seen economic prosperity and political security throughout the late 1960s, took for granted the status quo; blacks, who faced defeat at home at a time of liberation throughout the rest of Africa, seemed to accept it with sad resignation. For the whites, the few years before the Soweto uprising were the high noon of apartheid, the paradise spoiled only by the lack of international cricket.
The Growth of Black Consciousness: BPC and SASO 1972-1974
Authors: Lobban Michael 
Published: November 2023

Abstract
On 25 September 1974, the South African Students’ Organization and the Black Peoplés Convention held two rallies to celebrate independence in Mozambique. Within two weeks, twenty-nine black consciousness leaders were in detention, as the state prepared for a major trial of the black consciousness movement which would see nine leaders of BPC and SASO in court and initiate a legal onslaught against the black consciousness movement that was to last until 1979. The trial was to be the longest political case of the 1970s, and a crucial one, for it was a trial of the aspirations of the liberation movement and of the direction South Africa was likely to take if these ideas were given free rein.
From Ideas to Action: Terrorism Trials before the Soweto Uprising
Authors: Lobban Michael 
Published: November 2023

Abstract
At the same time that BPC and SASO were being tried for their ideas, the authorities were becoming increasingly aware that blacks were seeking more positive action beyond what those organizations offered. The state had always been alive to the danger of exiled organizations seeking to recruit in South Africa: now they became conscious of the danger of youthful activists themselves seeking to make contacts, particularly through the exiles of black consciousness, who were ever-growing in numbers. By 1975, the police were no longer seeking to put together cases based on the public actions and comments of oppositional groups: they were concerned to penetrate the private world of the intentions of black youths to crush any nascent underground revolutionary movement.
How Far Can The Common Law Go Towards Protecting Human Rights?*
Authors: Doyle John , Wells Belinda 
Published: November 2023

Abstract
There are two obvious limits to what the common law can achieve by way of protecting human rights. The first is a matter of law—the principle of Parliamentary supremacy. Any legislation can override rights recognised and protected by the common law. The second is a matter of technique and attitude. By and large the common law Courts have not reasoned from the premise of specific rights. Our boast, that we are free to do anything not prohibited by law, and that official action against our will must have the support of law, reflects the fact that our rights are residual—what is left after the law (and in particular, legislation) is exhausted. Our thinking does not proceed from rights to results—rather, our rights are the result.
Patterns of Substitution
Authors: Finch Janet , Hayes Lynn , Mason Jennifer , Masson Judith , Wallis Lorraine 
Published: November 2023

Abstract
In the previous two chapters we considered patterns of bequeathing which were based on testators’ first choice of beneficiaries. However, some wills also include substitution clauses which specify what is to happen to a particular bequest in the event that a first choice beneficiary predeceases the testator. In this chapter we discuss patterns of bequeathing in these cases where entitlement to a bequest is conditional on the prior death of another beneficiary.
State Practice: Other Examples
Authors: Kontou Nancy 
Published: November 2023

Abstract
This chapter reviews a number of cases from State practice relating to treaty termination or revision in the light of new customary law. The disputes examined belong to different subject-areas and are presented in chronological order, according to the time when they first arose. Their value as precedents varies and is briefly discussed in each case. In 1815 France and Great Britain signed a Convention regulating various matters relative to their possessions in the East Indies. In Article 9 of the Convention France and Great Britain engaged to extradite any person who, after being prosecuted for crimes committed or civil debts contracted within the territory of one of the parties, sought refuge in the territory of the other. The Convention was intended to be permanent, no modification being allowed without the consent of both parties.
The Uneasy Years 1963-1974
Authors: Necatigil Zaim M 
Published: November 2023

Abstract
Tensions rapidly built up through the summer and autumn of 1963. On 3 December, Archbishop Makarios, the President of the Republic, publicly announced his thirteen-point proposed revisions of the Constitution, which he had submitted to Dr F. Kutchuk, the Turkish Vice-President, a few days earlier. Turkey rejected these proposals on 16 December 1963. The Archbishop refused to accept Turkish rejection. Within days, the fighting began.
The Treaty of Guarantee
Authors: Necatigil Zaim M 
Published: November 2023

Abstract
The Treaty of Guarantee, signed in its final form on 16 August 1960 between the United Kingdom, Greece, Turkey, and the Republic of Cyprus, has four substantive articles Under article I, the Republic of Cyprus undertook the obligation to maintain its independence, territorial integrity, and security as well as respect for its Constitution. The same article prohibited union with any other state.2 Under article II, Greece, Turkey, and the United Kingdom guaranteed the independence, territorial integrity, and security of the Republic of Cyprus and also the state of affairs established by the basic articles of the Constitution. Article III contains a pledge on the part of Cyprus, Greece, and Turkey to respect the integrity of the areas retained under United Kingdom sovereignty and not to interfere with the operations of the British sovereign bases.
Human Rights in Cyprus
Authors: Necatigil Zaim M 
Published: November 2023

Abstract
A number of countries have incorporated in their constitutions, in whole or in part, the provisions of either the Universal Declaration of Human Rights, which was proclaimed by the General Assembly of the United Nations on IO December 1948, or of the European Convention for the Protection of Human Rights and Fundamental Freedoms, which was drawn up by the Council of Europe on 4 November 1950. The 1960 Constitution of Cyprus contained a code of human rights based on the European Convention, but included certain special provisions as to communal rights, and individual rights to be enjoyed by members of either community.
Sentencing Guidelines in Minnesota and Other American States: A Progress Report
Authors: Frase Richard S 
Published: November 2023

Abstract
Presumptive sentencing guidelines developed by an independent sentencing commission have, since the late 1970s, represented the dominant approach to sentencing reform in the United States. Although the Federal Guidelines are the best known (and most criticized) example, such guide lines have also been adopted by many of the American states. This essay describes the wide variety of state sentencing guidelines, examines their common themes, and summarizes the available evidence on the impact and evolution of these systems in practice. Greater attention is given to the Minnesota guidelines, since they have been in effect the longest and have generated the most extensive body of sentencing data, interpretive case law, post-implementation amendments, and evaluative literature.
Non-Discrimination and Equality
Authors: Craven Matthew C R 
Published: November 2023

Abstract
As a human rights instrument, the clear purpose of the Covenant is to protect the fundamental rights of every person without exception. That human rights are seen to adhere to every human being by virtue of their humanity means that they are possessed by every person to an equal extent. As the Preamble stresses, the Covenant is based upon an idea of the ‘equal and inalienable rights of all members of the human family’. The concept of ‘equal rights’ is confirmed in the Covenant in a general manner by the fact that the rights pertain to ‘everyone’, and more specifically in article 3 which makes express reference to the equal rights of men and women. The idea of equality may also be found in a number of other provisions in the Covenant. Article 7 refers to ‘equal remuneration for work of equal value’, to ‘equal pay for equal work’, and to ‘equal opportunity for everyone to be pro moted’. Similarly, article 13 provides that ‘higher education shall be made equally accessible to all’. However, it follows from the structure of the Covenant that the most important provision as regards the promotion of equality or of equal rights within the Covenant is article 2(2). In that provision, recognition of a concept of equality is to be discovered in a negative formulation prohibiting discrimination.
Just and Favourable Conditions of Work
Authors: Craven Matthew C R 
Published: November 2023

Abstract
In a broad sense, the right to just and favourable conditions of work in article 7 is an essential corollary of the right to work (found in article 6). If, on the one hand, work is seen to be a necessary evil then humanity requires that the conditions under which it is undertaken are as tolerable as possible. On the other hand, if work is seen to be a productive activity entered into as a matter of choice, then utility demands that the terms of employment are reasonable and attractive. Notwithstanding such considerations, some elements of article 7 are among the most controversial of all economic, social, and cultural rights. It may be questioned, for example, whether rest and leisure are sufficiently important to be established as ‘human rights’. Equally, it is now frequently argued that the benefits to the individual of instituting a minimum wage are far outweighed by the harm it causes to the economy in general. There are, however, a number of less controversial elements to article 7, such as the right to equal remuneration and the right to safe and healthy working conditions, which are undoubtedly of importance.
Statutory Provisions in Relation to Sources of Law
Authors: Amerasinghe C F 
Published: November 2023

Abstract
Especially in the case of a court or tribunal of limited jurisdiction Uuridiction d’exception or juridiction d’attribution) as opposed to a court or tribunal of general jurisdiction Uuridiction de droit commun), it is a conceivable argument that provisions contained in the instrument creating it or its Statute or in some other related and relevant document may specify and limit the sources of the law it may refer to in deciding cases brought before it. This may be the case even though competence, which is certainly based on the constitutive instrument, is distinguished from sources from which the applicable law is drawn. It is arguable that it is the prerogative of the creator of the court or tribunal of limited jurisdiction also to specify what rules and principles may be applied or from what formal sources such rules and principles may be derived.