Category Archives: General
Michelle Madden Dempsey, ‘Wrongs (and Related Concepts) in Moral, Political, and Legal Perspectives’
ABSTRACT This paper develops a framework for understanding wrongs and related concepts by distinguishing three normative perspectives – moral, political, and legal – and analyzing the kinds of reasons that structure each. From the moral perspective, it treats wrongs as breaches of duty on a broadly Razian account, clarifies differences between prima facie, pro tanto, […]
Jim Yongzhi Huang, ‘Tort as Intake: Fearn, Legal AI, and the Institutional Development of the Common Law’
ABSTRACT This working paper develops the concept of tort law as an institutional intake mechanism within the common law. Using Fearn v Board of Trustees of the Tate Gallery as its central example, it argues that the significance of Fearn lies not only in the recognition that sustained visual intrusion may constitute private nuisance, but […]
Giles and Ang, ‘Are we all electives now? Not quite: analysing the core curriculum within undergraduate law degrees’
ABSTRACT Undergraduate legal education in England and Wales has recently seen a shift away from prescription, by the professional bodies, of the content of an undergraduate law degree. The lack of such regulatory requirements calls into question the shape, scale and scope of the core curriculum within law schools, which sits alongside an increasingly diverse […]
Paulo Baptista Caruso MacDonald, ‘Contextualising Hohfeld’s Analysis of Rights: Legal Relations and the Rule of Law’
ABSTRACT More than a century ago, WN Hohfeld offered the most influential analysis of rights to date. However, his classification has rarely been received without criticism. Many of the objections to his framework stem from the longstanding debate between interest and will theories of rights. In this paper, I present an interpretation of Hohfeld’s analysis […]
Su and Teo, ‘Can AI Agents have Rights?’
ABSTRACT AI agents are rapidly moving from theoretical constructs to real-world deployments. This raises urgent questions about governance and, more specifically, rights. While rights for artificial agents have received some scholarly attention, the question of rights for AI agents understood through the paradigmatic shift introduced by generative AI remains underexamined. This article addresses that gap. […]
‘Comparative AI Law: Regulating the Future’ – special issue of German Law Journal
Comparative AI Law: Regulating the Future, German Law Journal volume 26, special issue 7, October 2025. Of particular interest for private law are: AI-Driven Dynamic Pricing: Erosion of Consumer Welfare, Invisible Hand, and Rise of Platform Quasi-Taxation (Sang Yop Kang) Digital Alchemy? Rethinking Copyright in the Age of AI-Generated Content: Lessons and Reflections from the […]
Leyi Zhang, ‘Liability for Third-Party Fine-Tuning: Capability Reconfiguration and Risk Structures in General-Purpose AI’
ABSTRACT Third-party fine-tuning has become a structural node in the general-purpose AI supply chain, yet prevailing liability frameworks continue to treat it as an ordinary act of use. The result is a systematic misalignment between legal responsibility and actual control. This Article argues that fine-tuning is better understood as an act of capability reconfiguration – […]
Joshua Jowitt, ‘A constitutivist account of legal personality’
ABSTRACT The core claim of constitutivist ethics is that moral principles are necessarily present within the concept of what it means to be an agent. Though recent publications have attempted to apply this claim to issues of contemporary legal theory, there has been no comprehensive attempt to develop an account of legal status grounded in […]
Leerssen, van Duin and van Hoboken, ‘Private Enforcement of the Digital Services Act (DSA)’
ABSTRACT The Digital Services Act (DSA) represents a significant shift in EU digital regulation, aiming to create a safe, predictable, and trustworthy online environment whilst protecting fundamental rights. While public oversight and co-regulation by the European Commission and national Digital Services Coordinators (DSCs) have already attracted significant attention, this paper considers the underappreciated role of […]
Robert Stevens, ‘Private Law and Statute’
ABSTRACT A paper on the relationship between legislation and private law in the common law world. Lists seven common problems with legislative reform of private law doctrine. Stevens, Robert, Private Law and Statute (December 25, 2015).