The Doctrine of Legitimate Expectation & Proportionality: A Public Law Principle Adopted into the Private Law of Employment

This article examines the possible adoption of the public law principles of ‘legitimate expectation’ and the standard of ‘proportionality’ as the appropriate and cohesive legal approach to voluntary promises that are normally found in ostensibly non-contractual documents. The article argues that, allowing a further development into the principle of legitimate expectation, which has already been adopted in employment relations as a further development of the implied duty of trust and confidence, could enhance the courts’ approach to the issue of voluntary promises and avoid the unsatisfactory contractual solution that appears to produce inconsistent results. Giving particular consideration to the courts’ application of the proportionality test, thereby recognises an employee’s hierarchy of interests, when seeking to justify an employer’s decision, this article assesses how the influence of the proportionality standard can, and should, offer a more satisfactory solution when applied to resolving disputes.     

Five years’ progress in Iraq

General

The Communist States and the West. Edited by Adam Bromke and Philip Uren. London, Pall Mall Press, 1967. Pp. x + 242. Index. 42s.

Central Asia

The Formation of the Soviet Central Asian Republics. A Study in Soviet Nationalities Policy 1917–36. By R. Vaidyanath. New Delhi People's Publishing House, 1967. Pp. xiii + 297. Maps. Index. Rs.30.

Beyond the Urals. Economic Developments in Soviet Asia. By Violet Conolly. London, Oxford University Press, 1967. Pp. xx + 420. Maps. Illus. Bibliog. Index. 75s.

South Asia

The Political System of Pakistan. By Khalid B. Sayeed. Boston, Houghton MifBin Company, 1967. Pp. 321. Bibliog. Index. No price.

India and Ceylon. Unity and Diversity. Edited by Philip Mason. London, Oxford University Press, 1967. Pp. xi + 311. Maps. Index. 55s.

The Hindu Family in its Urban Setting. By Aileen D. Ross. Toronto University Press; London, Oxford University Press, 1967. Pp. xiv + 325. Bibliog. Index. 18s.

Under the Bo Tree. Studies in caste, kinship, and marriage in the interior of Ceylon. By N. Yalman. Berkeley and Los Angeles, University of California Press, 1967. Pp. xii+406. Maps. Bibliog. Index. $8.50. 68s.

Morals and Merit. A Study of Values and Social Controls in South Asian Societies. By Christoph von Fürer‐Haimendorf. London, Weidenfeld and Nicol‐son, 1967. Pp. xii + 239. Illus. Bibliog. Index. 42s.

South‐West Asia

The Evolution of Oil Concessions in the Middle East and North Africa. By Henry Cattan. New York, Oceana Publications, Inc., 1967. Pp. xvi + 173. Maps. Index. $7.50.

Politics and the Military in Jordan. A Study of the Arab Legion 1921–57. By P. J. Vatikiotis. London, Frank Cass, 1967. Pp. xvi +169. Map. Index. 30s.

Modern Egypt. By Tom Little. London, Ernest Benn, 1967. Pp. xiii + 281. Map. Bibliog. Index. 42s.

South‐East Asia

The Southeast Asian City. A Social Geography of the Primate Cities of Southeast Asia. By T. G. McGhee. London, G. Bell and Sons, 1967. Pp. 204. Sketch‐maps. Illus. Bibliog. Index. 30s.

The Southeast Asian World. By Keith Buchanan. London, G. Bell and Sons, 1967. Pp. 176. Sketch‐maps. Illus. Bibliog. Index. 27s. 6d.

Government and Politics in Malaysia. By R. S. Milne. Boston, Houghton Mifflin; London, Allen and Unwin, 1967. Pp. 259. Maps. Index. 22s.

Behind the Lines—Hanoi. By Harrison E. Salisbury. London, Secker and Warburg, 1967. Pp. 243. Maps. Illus. 30s.

Malaya: The Communist Insurgent War, 1948–1960. By Edgar O'Ballance. London, Faber, 1966. Pp. 188. Map. Index. 30s.

Hell in a Very Small Place. The Siege of Dien Bien Phu. By Bernard B. Fall. London, Pall Mall Press, 1967. Pp. xii + 515. Maps. Illus. Bibliog. Index. 55s.

Far East

China. Ageless Land and Countless People. By Chiao‐Min Hsieh. London, D. van Nostrand Co. Inc., 1967. Pp. vi+138. Maps. Bibliog. Index. 14s.

China. Emerging World Power. By Victor P. Petrov. London, D. van Nostrand Co. Inc., 1967. Pp. vi + 138. Maps. Bibliog. Index. 14s.

China After Mao. With Selected Documents. By Doak A. Barnett. Princeton University Press; London, Oxford University Press, 1967. Pp. vii+287. Cloth cover, 48s. Paper cover, 16s.

Defeat in the East. The Mark of Mao Tse‐tung on War. By Michael Elliott‐Bateman. London, Oxford University Press. Pp. 270. 40s.

Liang Ch'i‐ch'ao and the Mind of Modern China. By Joseph R. Levenson. University of California Press, Berkeley and Los Angeles, California, 1967. Pp. 256. Appendix. Bibliography. Index. $1.50 (paperback).

Chinese Looking Glass. By Dennis Bloodworth. London, Seeker and Warburg, 1967. Pp. 379. Index. Bibliog. 36s.

Biography and Autobiography

Four Lamas of Dolpo. Tibetan Biographies. Edited and translated by D. L. Snell‐grove. Oxford, Bruno Cassirer, 1967. Pp. ix + 302. Maps. Illus. Index. 84s.

Morley and India 1906–1910. By Stanley A. Wolpert. University of California Press, 1967. Pp. 299. Bibliog. Index. 56s. $6.95.

British Baptist Missionaries in India 1793–1837: The History of Serampore and its Missions. By E. Daniel Potts. London, Oxford University Press, 1967. Pp. 276. Bibliog. Index. 57s. 6d.

The Rebellious Rani. By Sir John Smyth, V.C., M.C. London, Frederick Muller, 1966. Pp. ii + 223. Bibliog. Index. 35s.

Orphan with a Hoop. The Life of Emile Bustani. By Desmond Stewart. London, Chapman and Hall, 1967. Pp. 218. Index. 50s.

A Bedouin Boyhood. By Isaak Diqs. London, Allen and Unwin, 1967. Pp. 176. 21s.

Li Ta‐Chao and the Origins of Chinese Marxism. By Maurice Meisner. Harvard University Press; London, Oxford University Press, 1967. Pp. xvii + 326. Bibliog. Index. 40s.

The Japanese Miracle Men. By Ralph Hewins. London, Secker and Warburg, 1967. Pp. 476. Illus. 70s.

Culture and Civilization

Shilappadikaram (The Ankle Bracelet). By Prince Ilangô Adigal. Translated by Alain Daniélou. London, Allen and Unwin, 1967. Pp. x + 210. 25s.

The Rubaiyyat of Omar Khayaam. A new translation with critical commentaries. By Robert Graves and Omar Ali‐Shah. London, Cassell, 1967. Pp. 86. Bibliog. 21s.

Basic Writings of Mo Tzu, Hsün Tzu, and Han Fei Tzu. Translated by Burton Watson. New York, London, Columbia University Press, 1967. Pp. 135. Index. 72s.

China's First Unifier. A study of the Ch'in Dynasty as seen in the life of Li Ssu. By Derk Bodde. London, Oxford University Press; Hong Kong University Press, 1967. Pp. xii + 270. Bibliog. Index. 60s.

An Anthology of Chinese Verse. Han Wei Chin and the Northern and Southern Dynasties. Translated by J. D. Frodsham, with the assistance of Ch'eng Hsi. London, Clarendon Press, Oxford University Press, 1967. Pp. xxxix+ 198. 35s.

A Collection of Chinese Lyrics. By A. Ayling and D. Mackintosh. London, Rout‐ledge and Kegan Paul, 1965. Pp. xv + 254. Index. 42s.

A Little Primer of Tu Fu. By David Hawkes. London, Clarendon Press, Oxford University Press, 1967. Pp. xii + 243. Index. 55s.

The Tenth Man. By Wei Wu Wei. Hong Kong University Press; Oxford University Press, 1966. Pp. xii + 234. Colophen. Index. 27s.

A Short History of Chinese Art. By Michael Sullivan. London, Faber, 1967. Pp. 279. Illus. Bibliog. Index. 42s.

The Indianization of China—and of South‐east Asia. By H. G. Quaritch Wales. London, Bernard Quaritch Ltd., 1967. Pp. 156. Maps. Illus. Index. 63s.

History

Tibet. A Political History. By Tsepon W. D. Shakabpa. New Haven and London, Yale University Press, 1967. Pp. xii + 369. Map. Bibliog. Index. 72s.

Tibet. Considerations on Inner Asian History. By Nirmal Chandra Sinha. Firma K.L. Mukhopadhyay, Calcutta, 1967. Pp. 70. Rs.10.00.

The First Afghan War, 1838–1842. By J. A. Norris. London, Cambridge University Press, 1967. Pp. xvi + 500. Map. Bibliog. Index. 80s.

The Lost Centuries. From the Muslim Empires to the Renaissance of Europe 1145–1453. By Sir John Glubb. London, Hodder and Stoughton, 1967. Pp. 511. Maps. Bibliog. Index. 45s.

Throne and Mandarins. China's Search for a Policy during the Sino‐French Controversy 1880–1885. By Lloyd E. Eastman. Harvard University Press; Oxford University Press, 1967. Pp. xiii + 254. Bibliog. Index. 48s.

Sino‐Russian Relations in the 17th Century. By Vincent Ch'en. The Hague, Mar‐tinus Nijhoff, 1966. Pp. x +147. Bibliog. Index. 17 guilders.

Religion and Philosophy

The Islamic Law of Nations. Shaybani's Siyar. Translated by Majid Khadduri. The Johns Hopkins Press, Baltimore, Maryland; London, Oxford University Press, 1967. Pp. xviii + 311. Bibliog. Index. 64s.

A Pilgrimage to Lalish. By C. J. Edmonds. London, Royal Asiatic Society, 1967 (Prize Publication Fund Vol. XXI). Pp. xii + 88. Map. Illus. 35s.

Shinto. At the Fountainhead of Japan. By Jean Herbert. London, Allen and Unwin, 1967. Pp. 622. Map. Illus. Bibliog. Index. 70s.

Religion in Japanese History. By Joseph M. Kitagawa. New York and London, Columbia University Press, 1966. Pp. x + 475. Bibliog. Index. 72s.

Travel

Tracks of an Intruder. By Gordon Young. London, Souvenir Press, 1967. Pp. 191. Illus. 25s.

Turkey. A Traveller's Guide and History. By Gwyn Williams. London, Faber, 1967. Pp. 318. Maps. Illus. Bibliog. Index. 50s.

Castles and Churches of the Crusading Kingdom. By T. S. R. Boase, with colour photographs by Richard Cleave. London, Oxford University Press, 1967. Pp. xiv + 121. Maps. Illus. Bibliog. Index. 75s.

Sail and Sweep in China. The History and Development of the Chinese Junk. By G. R. G. Worcester. London, Her Majesty's Stationery Office, 1966. Pp. xv + 146. Map. Illus. Index. 28s. 6d.     

Are Perceptions of Organizational Justice Universal? An Exploration of Measurement Invariance Across Thirteen Cultures

Previous research examined whether justice effects are comparable, focusing on quantitative differences in justice effects. This study examines whether justice perceptions are structured similarly or whether they are qualitatively different across working populations from 13 nations. Confirmatory factor analysis and multi-group analysis show that Colquitt??s (J Appl Psychol 86:386?C400, 2001) four-dimensional model of justice works well across these samples. However, factor intercorrelations and reliabilities are found to systematically vary between cultural samples. Perceptions of justice are more highly intercorrelated in power distant and collectivistic samples, in line with extensions of the relational model of authority. Score reliabilities were lower in collectivistic settings.     

The application of the Khiyar al-‘Aib (option of defect) principle in on-line contracts and consumer rights

This paper scrutinises the legal protection of consumer rights in on-line contracts through the application of Khiyar al-??Aib (option of defect). Khiyar al-??Aib is a legal Islamic mechanism by which, one party, both parties or even a third party can nullify a contract, electronically or conventionally. Khiyar (option) means the authority to nullify a contract and Aib means defect. In fact, it is a right given to the purchaser to cancel the contract if he discovers that the object acquired has defect that diminishes its value. In on-line contracts, the consumer has no direct contact with the merchant and cannot easily verify the quality of the goods, thus creating a situation in which contracting parties are not at equal bargaining strength. Therefore, application of Khiyar al-??Aib (option of defect) would be helpful in protecting consumer rights in the virtual world. This paper explores the Islamic principles by taking Iranian laws as well as the European law as a point of reference.     

Men and Women’s Perceptions of Justifications of Wife Beating: Evidence from Pakistan Demographic and Health Survey 2012–13

Pakistani women are vulnerable to all kinds of violence due to the patriarchal setup of society. We examined the justification of wife beating by women and men of reproductive group that comprised of 15–49 years of age by doing secondary data analysis on nationally representative cross- sectional survey data from the Pakistan Demographic and Health Survey, 2012–13. The analysis was conducted on randomly selected 13,558 ever- married women and 3134 ever- married men representing all the four provinces of Pakistan including Gilgit Baltistan and federal capital Islamabad. The data showed that women justified wife beating more as compared to men. The findings of multivariable logistic regression depicted that women living with partners, having no access to information, lacking autonomy, and no control over income were more likely to justify wife beating while men who did not have access to information were more in favor of this acts. These findings may help in devising strategies to change the mindset regarding justification of wife beating in Pakistan.     

A policy-selection/ goal-formulation model for public systems

This paper attempts to present an analytical framework of analysis of problems relating to public systems. Current optimization models, which originated in the private sector, are not adequate to handle the complexity of the decision making processes in public policy analysis. The proposed model aims at lessening ideological debates over statements of goals, and it emphasizes policy selection through goal redefinitions where both goals and policies are formulated simultaneously. The model is based on an iterative process where consensus over policies is arrived at between the policy maker and the constituents of the public system. The principal feature of the model is that it incorporates political debates and bargains, and provides for the development of insight.     

Has Legislative Television Changed Legislator Behavior?: C-SPAN2 and the Frequency of Senate Filibustering

Using data from 1959–1998, this studyexamines the impact of legislativetelevision (C-SPAN2) on the number offilibusters in the United States Senate. As previous work has suggested, theinstitutional rules of the federallegislative branch of government in theU.S. often allow for politicalgrandstanding and posturing, and theseactivities are enhanced with the presenceof television cameras on the legislativefloor. Like those previous studies, thepresent work builds a theoretical modelwherein political services are consideredsearch/experience goods, and serviceproviders (federal legislators) areexpected utility maximizers who areconcerned with promoting their policypreferences and their re-electionprospects. Poisson model estimates suggestthat the presence of legislative televisionhas worked to increase the filibuster countin the Senate. As a result, such posturingand positioning on the issues by incumbents(in front of television cameras) is costlyfor challengers to replicate and likelycontributes to lower turnover rates in thelegislative branch.     

The use of technology in the transformation of business dispute resolution

The use of technology in dispute resolution mechanism can be viewed from two perspectives: first, as an aid in the conventional dispute resolution system, and second, as an online dispute resolution mechanism via the Internet. Online dispute resolution (ODR) is transforming the way disputes are being resolved, in particular, in business to consumer (B2C) transactions. ODR offers a more successful means of resolving e-commerce disputes. In fact, there is a new move by the Malaysian judiciary to transform its court system. Previously, the judiciary has been very conventional in its administration of justice, and the system is said to be slow and outdated. The court system in Malaysia has been frequently criticised because of its dilatoriness in resolving disputes, resulting in a large backlog of cases. To overcome these problems, the judiciary has introduced a new system called the e-court. New methods including as e-filing, electronic case management, queue management, and court recording and transcribing form the complete e-court mechanism.