Category Archives: General
Jennifer Collins, ‘The industrialisation of fraud: understanding fraud in a digital era’
ABSTRACT This paper offers a novel conceptual framework for understanding fraud in the digital era by introducing the idea of industrialised fraud. Unlike existing literature that focuses on the mechanics of cyber-enabled and cyber-dependent fraud, this work situates fraud within the social, structural, technological and economic transformations of the digitalised economy. It argues that fraud […]
Balmer, Denvir, McDonald and Taylor Poppe, ‘What makes a legal problem? Dispute characteristics and the construction of legality’
ABSTRACT Individuals rarely turn to law when faced with civil legal problems and often do not perceive the problems that they experience as legal matters. Though not all justiciable problems require recourse to lawyers or legal institutions, the dynamics of legal characterization and responsive behaviour are important for understanding dispute processing and developing targeted policy […]
Claudio Agüero San Juan, ‘The concept of vulnerability in law’
ABSTRACT This article clarifies the legal concept of vulnerability by reconstructing its conceptual structure, rather than defending a substantive theory of justice. I advance three claims. First, vulnerability is a thick (non-essentially evaluative) concept: it retains a descriptive core while being routinely used to support normative and institutional conclusions in legal reasoning. Second, vulnerability is […]
Ela Leshem, ‘Normative Transplants: The Case of Ships as Legal Persons’
ABSTRACT What does the legal personhood of ships contribute to theories of legal persons? Ships became legal persons in US law through a process of ‘normative transplantation’. I coin this term to describe the migration of concepts between normative orders. In the case of ships, the conception that they are persons migrated from the normative […]
Mauro Zamboni, ‘From margins to mainstream: the place of legislative studies in legal scholarship’
ABSTRACT This article examines the enduring marginalization of legislative studies within legal scholarship and argues for its reintegration as a central field of inquiry. Despite legislation’s foundational role in modern legal systems, legal scholars (particularly within civil law traditions) have historically neglected the study of law-making processes, focusing instead on constitutional adjudication and statutory interpretation. […]
Aditi Bagchi, ‘How Liberal is Relational Justice?’
ABSTRACT Hanoch Dagan and Avihay Dorfman offer a compelling new liberal account of private law that takes seriously the liberal commitment to self-determination. Their theory takes an illiberal turn, however, by aiming to regulate private relationships by reference to an ethical conception of equality, and by inviting the state to distinguish between important and less […]
Raffael Fasel, ‘Robot Rights without Human Frights’
ABSTRACT The advent of artificial intelligence (AI) and the prospect that AI may attain sentience has prompted some scholars to call for legal personhood and fundamental rights for AI. These calls have met with criticism by those who fear that granting rights or personhood to AI would blur the line between humans and AI and […]
John Tayu Lee and others, ‘What Is Responsible AI in Healthcare? A Systematic Review of Key Principles, Legal Guardrails, and Systems-Thinking Framework’
ABSTRACT Background: Responsible Artificial Intelligence (Responsible AI) has emerged as a central theme in the global discourse on ethical and trustworthy AI in healthcare. However, there are no universally agreed definition of what constitutes ‘responsible AI’, the set of underlying principles that should guide development of responsible AI and the approaches used in its assessment. […]
Matthew Frey, ‘Election Defined’
ABSTRACT In contract law, an ‘election’ conventionally refers to certain finally binding choices exercised outside of court—including to rescind or affirm and to terminate or affirm a contract. This article proposes a new analysis of ‘election’, as a choice between mutually exclusive powers which destroy one another. One power (eg the power to rescind/terminate) changes […]
Joanna Langille, ‘Theorizing Private Law Beyond the State’
ABSTRACT Dagan and Dorfman’s recent book, Relational Justice, offers a normatively-imbued account of private law at the domestic level. In setting out this account, Dagan and Dorfman consider aspects of private law theory that extend beyond the purely domestic context. This transnational sensibility culminates in Chap 15, which argues for redress for corporate abuses of […]