Jonathan Hardman
Jonathan Hardman
Professor Watson's The Making of the Modern Company traces the development of the modern corporate form back to the East India Company, disproving a common notion that company law originated solely with small, private companies. This review...
Beyond the Tram Lines: Disability Discrimination, Reproductive Rights and Anachronistic Abortion Law [0.03%]
超越电车线路：残疾歧视，生育权利和过时的堕胎法
Sally Sheldon
Sally Sheldon
This article takes as its starting point the recent case of Crowter, which challenged the law permitting provision of abortion on the grounds of fetal anomaly. It begins by briefly locating the case within a longer 'biography' of the Aborti...
How Reasons Make Law [0.03%]
理由如何制定法律
Angelo Ryu
Angelo Ryu
According to legal anti-positivism, legal duties are just a subset of our moral duties. Not every moral duty, though, is legal. So what else is needed? This article develops a theory of how moral duties come to be law, which I call the cons...
How (Not) to Break Up: Constituent Power and Alternative Pathways to Scottish Independence [0.03%]
如何（不）分手：构成权力和苏格兰独立的替代路径
Raffael N Fasel,Shona Wilson Stark
Raffael N Fasel
In October 2022, the UK Supreme Court unanimously held that the Scottish Parliament lacks the power to legislate for a second referendum on Scottish independence (Indyref 2) absent an enabling Order by the UK government under section 30 of ...
Jaakko Husa
Jaakko Husa
This article examines the epistemic bias of comparative law scholarship. Comparatists are unable or unwilling to recognise the religious dimensions in Western law as they see religion only in the context of non-Western law. This problem is ...
James Edwards,Tarek Yusari
James Edwards
According to a popular picture, criminal law lives up to the demands of its internal morality when its norms have counterparts with the same content in morality-when it conforms to what we call the mirror principle. This article argues that...
Brian R Cheffins,Bobby V Reddy
Brian R Cheffins
Britain has a reputation for having a stock market-oriented corporate economy and there is an extensive literature maintaining that laws affording substantial protection to outside investors are needed for a thriving stock market. Historica...
Metarules, Judgment and the Algorithmic Future of Financial Regulation in the UK [0.03%]
元规则、判断与英国金融市场未来监管的算法化趋势
Andromachi Georgosouli
Andromachi Georgosouli
UK financial regulators are experimenting with the conversion of rulebook content into machine-readable and executable code. A major driver of these initiatives is the belief that the use of algorithms will eliminate the need for human inte...
Nathan Van Wees
Nathan Van Wees
Some recent work in legal theory argues that legal questions boil down to moral questions. On this view, lawyers and judges are ultimately interested in the moral effect of things done by legal institutions. This view has been called the 'n...
The Logic and Value of the Presumption of Doli Incapax (Failing That, an Incapacity Defence) [0.03%]
论不予推定刑事责任年龄边缘者具有刑事责任能力及其辩护价值问题——不能将我国《刑法》第17条第2款解释为推定犯罪嫌疑人具有责任能力
David Hamer,Thomas Crofts
David Hamer
Children who do not understand the serious wrongness of their actions lack criminal capacity and cannot be convicted. At common law, children under seven are deemed to lack criminal capacity, children over 14 possess full capacity and child...