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Adjudication and the Law

Timothy Endicott.

in Oxford Journal of Legal Studies

January 2007; p ublished online January 2007 .

Journal Article. Subjects: Law; Jurisprudence and Philosophy of Law; Law and Society. 7691 words.

It can be compatible with justice and the rule of law for a court to impose new legal liabilities retrospectively on a defendant. But judges do not need to distinguish between imposing a...

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Adult Social Care and Property Rights

Brian Sloan.

in Oxford Journal of Legal Studies

June 2016; p ublished online May 2016 .

Journal Article. Subjects: Law; Jurisprudence and Philosophy of Law; Law and Society. 15812 words.

This article assesses the possible impact of the Care Act 2014 on the provision of social care for elderly and disabled adults in England, focusing particularly on the balance between...

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Against Privatisation As Such

Avihay Dorfman and Alon Harel.

in Oxford Journal of Legal Studies

June 2016; p ublished online November 2015 .

Journal Article. Subjects: Law; Jurisprudence and Philosophy of Law; Law and Society. 14299 words.

Privatisation has occupied the attention of theorists of different disciplines. Yet, despite the multiplicity of perspectives, the typical arguments concerning privatisation are...

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An ‘Extended But-For’ Test for the Causal Relation in the Law of Obligations

Jane Stapleton.

in Oxford Journal of Legal Studies

December 2015; p ublished online March 2015 .

Journal Article. Subjects: Law; Jurisprudence and Philosophy of Law; Law and Society. 15805 words.

This article explores the question of what character relations must have before the orthodox law of obligations will describe them as ‘causal’ relations. The article does not purport to...

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An ‘Extended But-For’ Test for the Causal Relation in the Law of Obligations

Jane Stapleton.

in Oxford Journal of Legal Studies

March 2016; p ublished online February 2016 .

Journal Article. Subjects: Law; Jurisprudence and Philosophy of Law; Law and Society. 66 words.

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Analogical Reasoning in the Common Law

Grant Lamond.

in Oxford Journal of Legal Studies

September 2014; p ublished online June 2014 .

Journal Article. Subjects: Law; Jurisprudence and Philosophy of Law; Law and Society. 11228 words.

Analogical reasoning is a pervasive feature of the common law, yet its structure and rational force is much disputed by legal theorists, some of whom are sceptical that it has any rational...

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Antitrust and the Making of European Tort Law

Niamh Dunne.

in Oxford Journal of Legal Studies

June 2016; p ublished online October 2015 .

Journal Article. Subjects: Law; Jurisprudence and Philosophy of Law; Law and Society. 16079 words.

Efforts to develop a robust competition culture within the European Union, premised upon private enforcement of the EU competition rules, have gathered pace in recent years. This article...

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The Architecture of Homicide

Andrew Cornford.

in Oxford Journal of Legal Studies

December 2014; p ublished online October 2014 .

Journal Article. Subjects: Law; Jurisprudence and Philosophy of Law; Law and Society. 10099 words.

This review article examines Jeremy Horder’s proposals for reform of the law of homicide in his book Homicide and the Politics of Law Reform. It focuses on Horder’s defence of the Law...

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Assuming Responsibility for Incarcerated Children: A Rights Case for Care-based Homes

Kathryn Hollingsworth.

in Current Legal Problems

January 2014; p ublished online August 2014 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law; Law and Society; Politics and Law. 16315 words.

There is overwhelming empirical evidence that the rights and wellbeing of children incarcerated in penal institutions in England and Wales are inadequately protected, despite some...

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Beyond the European Convention: Human Rights and the Common Law

Mark Elliott.

in Current Legal Problems

January 2015; p ublished online August 2015 .

Journal Article. Subjects: Law; Jurisprudence and Philosophy of Law; Law and Society; Politics and Law. 13675 words.

Since its entry into force in 2000, the Human Rights Act 1998 has become largely synonymous with human rights adjudication in the UK. In particular, the notion of common law constitutional...

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