Four Matters of Interpretation: The Constitutional Phenomenon in Comparative Studies [0.03%]
解释的四项标准——比较宪法视野中的宪政现象
Ming-Sung Kuo
Ming-Sung Kuo
This article takes a close look at the state of comparative constitutional studies as constitutional scholarship is taking a comparative turn. It first surveys the field and identifies four varieties - doctrinal, law-and-society, documentar...
Robert Burrell,Michael Handler
Robert Burrell
This article starts with a question that looks like it has been taken from an introductory legal reasoning class, namely, is coffee a non-alcoholic beverage? It will be seen that from a trade mark perspective there is reason to conclude tha...
A Theory of Annexation [0.03%]
兼并理论
Ronit Levine-Schnur,Tamar Megiddo,Yael Berda
Ronit Levine-Schnur
Acquisition of territory by force, once permitted, is strictly forbidden today. However, this normative shift has not led to a reconceptualization of annexation, which is still understood as the extension of sovereignty through formal state...
Global Comparative Law? [0.03%]
全球法律比较？
Fernanda Pirie
Fernanda Pirie
The Cambridge Handbook of Comparative Law, edited by Matthias Siems and Po Jen Yap, continues recent calls to expand the field of comparative law. By including authors drawn from all parts of the world, it presents 'new perspectives' on the...
Data Entry and Decision Chains: Distributed Responsibility and Bureaucratic Disempowerment in the UK's Universal Credit Programme [0.03%]
英国 universal credit 项目中的数据录入与决策链：分散的责任和官僚的无力感
Victoria Adelmant,Jennifer Raso
Victoria Adelmant
Digitalising public programmes creates new accountability challenges, many of which are under-theorised. Using Universal Credit to illustrate its points, this article argues that the distributed infrastructures upon which digital government...
Rory Kelly
Rory Kelly
This article draws out two injustices to which retrospective criminal legislation may give rise: undermining accessibility of law and challenging equality before the law. It is argued that the censuring function of criminal law exacerbates ...
Timothy Liau
Timothy Liau
Does private law punish? Should it? I question whether private law punishes in a form other than through a court order of punitive damages, by exploring a less obvious form of punishment to which less attention has been paid-'punitive disen...
Defending the Integrity Principle: Necessity, Remorse and Moral Consistency in the Protest Trial [0.03%]
捍卫诚实原则：在抗议审判中的必要性、悔过与道德一致性
Steven Cammiss,Graeme Hayes,Brian Doherty
Steven Cammiss
The protest trial has distinctive features and should be governed by what we term the 'integrity principle': it should respect the moral consistency of the defendant; justifications, not excuses, should be privileged; and the 'remorse princ...
Doctors Behaving Badly: Professional Regulation and the Tilt Effect(s) of Public Protection Appeals [0.03%]
医德不端：专业规范与公众保护诉求的倾斜效应
Paula Case
Paula Case
Regulation in healthcare has often been accused of protecting the professions and neglecting patients. 'Public protection appeals', used to challenge fitness to practise decisions considered to be 'insufficient' for the 'protection of the p...
Michael J R Crawford
Michael J R Crawford
A purchaser unwittingly buys stolen goods. The owner from whom they were stolen demands their return. The purchaser refuses. How should the law resolve their dispute? This article argues that the law's primary objective in resolving dispute...