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Social Sciences x Jurisprudence and Philosophy of Law x Law and Society x clear all

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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...

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...

The Case for a Visualized Economic Sociology of Legal Development

Amanda Perry-Kessaris.

in Current Legal Problems

January 2014; p ublished online September 2014 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law; Law and Society; Politics and Law. 11655 words.

Legal development work suffers from a general lack of interdisciplinarity and from the associated dominance of economics. A more sociologically informed meta-framework, such as that offered...

Charitable Purposes and Activities

Jonathan Garton.

in Current Legal Problems

January 2014; p ublished online September 2014 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law; Law and Society; Politics and Law. 15792 words.

When determining whether a civil society organization has charitable status, the orthodox position has it that the activities carried on in pursuit of its purposes are not relevant. This...

Codifying Contracts—An Idea Whose Time has Come?

Andrew Tettenborn.

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. 11562 words.

Arguments for codifying English law are long-standing. In the present article, it is suggested that the time has come to produce a code for one area of law that is pre-eminently case-law...

Comity among Authorities

Timothy Endicott.

in Current Legal Problems

January 2015; p ublished online June 2015 .

Journal Article. Subjects: Law; Jurisprudence and Philosophy of Law; Law and Society; Politics and Law. 11485 words.

An authority often needs to decide whether to go along with a decision of another authority, in order to carry out its own responsibilities. The relevant considerations vary widely among...

Constitutionalizing Labour Rights in Canada and Europe: Freedom of Association, Collective Bargaining, and Strikes

Judy Fudge.

in Current Legal Problems

January 2015; p ublished online June 2015 .

Journal Article. Subjects: Law; Jurisprudence and Philosophy of Law; Law and Society; Politics and Law. 16577 words.

Why are unions in Canada and the European Union going to court to claim that the rights to bargain collectively and to strike are fundamental human rights and thus constitutionally...

Contract Formation and the Fog of Rectification

Terence Etherton.

in Current Legal Problems

January 2015; p ublished online July 2015 .

Journal Article. Subjects: Law; Jurisprudence and Philosophy of Law; Law and Society; Politics and Law. 7800 words.

This article addresses current controversy both in case law and in scholarly writings about the proper test and rationale for rectification of contracts. It examines the availability of...

Corporate Governance, Pay Equity, and the Limitations of Agency Theory

Marc T. Moore.

in Current Legal Problems

January 2015; p ublished online June 2015 .

Journal Article. Subjects: Law; Jurisprudence and Philosophy of Law; Law and Society; Politics and Law. 14251 words.

It is well known that recent decades have seen an explosion in levels of senior executive remuneration in public companies, both in absolute and in relative terms to ordinary worker pay....

Current Legal Problems

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

EU Employment Law and the European Social Model: The Past, the Present and the Future

Catherine Barnard.

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. 15895 words.

If the critics are right, the European Union’s (EU’s) social model is dead and that is the end of it. Those on the right may well be dancing on its grave; those more sympathetic might mourn...

Evolutionary Trajectories for Transnational Labour Law: Trade in Goods to Trade in Services?

Tonia Novitz.

in Current Legal Problems

January 2014; p ublished online July 2014 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law; Law and Society; Politics and Law. 14102 words.

The emergence of ‘trade in services’ as opposed to ‘trade in goods’ has the potential to pose challenges for transnational labour laws. In particular, three intertwined narratives have...

Excusing Information-Provision Crimes in the Bureaucratic State

Jeremy Horder.

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. 13258 words.

A way of conceiving the state in which we live is as the ‘bureaucratic–participatory’ state. The good citizen in this state is the citizen who is honest and truthful, when required to...

‘Frenzied Law Making’: Overcriminalization by Numbers

James Chalmers.

in Current Legal Problems

January 2014; p ublished online May 2014 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law; Law and Society; Politics and Law. 8458 words.

The New Labour government was accused of frenzied law making, creating a criminal offence for every day spent in office. The current government, responding to these concerns, has introduced...

Governing ‘As If’: Global Subsidies Regulation and the Benchmark Problem

Andrew Lang.

in Current Legal Problems

January 2014; p ublished online July 2014 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law; Law and Society; Politics and Law. 15278 words.

As a result of the extraordinary work of Foucault, Shapin and Schaffer, Porter, and many others, we are familiar with many of the practices of governance which emerged during the 19th...

Habeas Corpus, Imperial Rendition, and the Rule of Law

Michael Lobban.

in Current Legal Problems

January 2015; p ublished online July 2015 .

Journal Article. Subjects: Law; Jurisprudence and Philosophy of Law; Law and Society; Politics and Law. 29231 words.

In the decades which followed the publication of AV Dicey’s Law of the Constitution, most English lawyers felt confident that the rights and liberties of Englishmen were protected by a rule...

‘Heads I Win. Tails you Lose.’ Migration and the Worker Citizen

Bridget Anderson.

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. 7179 words.

This article examines how differences between ‘migrants’ and citizens are forged and sustained in law and social practice with reference to welfare benefits. It explores how citizenship is...

Immigration Detention: The Grounds Beneath Our Feet

Cathryn Costello.

in Current Legal Problems

January 2015; p ublished online October 2015 .

Journal Article. Subjects: Law; Jurisprudence and Philosophy of Law; Law and Society; Politics and Law. 14707 words.

Detention as part of migration control is sometimes portrayed as a ‘necessary adjunct’ of the state’s power to control immigration. This characterization is a masking device, obscuring the...

Implied Terms: The Foundation in Good Faith and Fair Dealing

Hugh Collins.

in Current Legal Problems

January 2014; p ublished online May 2014 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law; Law and Society; Politics and Law. 15851 words.

With the aim of clarifying English law of implied terms in contracts and explaining their basis in the idea of good faith in performance, it is argued first that two, but no more, types of...

Mapping a Developing Governance Space: Managing Drought in the UK

Bettina Lange and Christina Cook.

in Current Legal Problems

January 2015; p ublished online September 2015 .

Journal Article. Subjects: Law; Jurisprudence and Philosophy of Law; Law and Society; Politics and Law. 15690 words.

Climate change is associated with severe weather events also in the UK, such as alternating periods of flooding and drought. This article discusses how this increasingly important...

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