Category Archives: General
Arie Rosen, ‘Against Relational Justice’
ABSTRACT In Relational Justice, Hanoch Dagan and Avihay Dorfman defend a longstanding intuition of bilateral normativity. They argue that private law, for the most part, should structure legal relationships so that parties show reciprocal respect for each other’s self-determination and substantive equality. In this critical notice, I argue against the plausibility of their account. My […]
Call for submissions: Legal Research & Analysis
Legal Research & Analysis (DOI Prefix: 10.69971; ISSN: 3007-6455 (Online), 3007-6447 (Print) publishes research papers, review papers, case comments and books reviews related to all aspects of laws including but not limited to legal issues, legal systems, and the legal profession. Legal Research & Analysis is a multidimensional legal research journal, seeking scholarly work on […]
Jonathan Crowe, ‘The Idea of Small Justice’
ABSTRACT Talk about social or distributive justice, at least among legal and political philosophers, tends to focus heavily on institutions. This way of thinking about justice owes a great deal to John Rawls. Rawls’s theory of justice was famously criticised by Robert Nozick who, in turn, attracted an influential critique from GA Cohen. The story […]
Richard Wright, ‘Proving Facts: Belief vs Probability’
ABSTRACT Before this essay was presented at the ECTIL conference in Vienna in 2008, it was commonly assumed by those familiar with trial procedures in both common law and civil law jurisdictions that there was a radical difference between the standards of persuasion employed in each type of jurisdiction. While common law jurisdictions clearly distinguished […]
Piaskowska and Piesiewicz, ‘Legal reading: the effective teaching of reading skills in the civil law system (part II) – using the designed “text map method”’
ABSTRACT Legal education in Poland faces critical challenges due to traditional pedagogical approaches that emphasise rote memorisation over critical thinking and comprehensive understanding. This paper (the second in a two-part series) addresses these challenges by proposing the ‘text map method’ a structured pedagogical strategy designed to enhance the reading comprehension of legal texts among first-year […]
Kurki and Siemieniec, ‘Towards An Agency Turn in Animal Law’
ABSTRACT The article proposes an agency turn in animal law, following in the footsteps of the political agency turn in animal ethics. The law currently operates on the assumption that animals are passive non-agents, which is reflected in the nature of their legal representation as voiceless and incompetent. We challenge this assumption by identifying three […]
Tomer Kenneth, ‘In Defense of Factual Precedents’
ABSTRACT Courts rely on legal precedents to resolve legal questions. Should courts rely on factual precedents to resolve factual questions? The idea is not baseless. Courts often rely on prior courts’ decisions to determine ‘general facts,’ such as recidivism rates, the dangers of a toxin, or the history and tradition of a legal norm. The […]
Jaakko Salminen, ‘A private law for the technocene: rights in a world of infinite knowledge’
ABSTRACT Advanced governance technologies give us the power to understand and mitigate the global impacts of production. This leads to a legal problem. If we know the global consequences of our actions, should we be held legally responsible for them, or is it just for law to insulate us from responsibility for consequences we could […]
‘Reinach and the Foundations of Private Law’
Before his death on the battlefields of the First World War, the young philosopher Adolf Reinach was a rising star – prime assistant to Edmund Husserl; mentor and friend to a generation from Max Scheler to Edith Stein. Since then, his influence has waned. To be sure, he developed something like speech act theory decades […]
Allen and Piazza, ‘The Common Law is a Complex Adaptive System’
ABSTRACT Traditional accounts of the common law from Blackstone to Dworkin focus on the role of precedent in judicial decision-making, the metaphysical nature of law, and the heroic judge. As important as these perspectives are, they miss the essence of the common law, which is that it is a complex adaptive system with the capacity […]