Category Archives: General
Michael Murphy, ‘Beyond Recognition: A Jurisprudence of the Wound and the Politics of Relational Repair’
ABSTRACT This paper argues that conventional jurisprudence and its cognate, legal pluralism, are illequipped to address contemporary modes of governance that operate through spatial abandonment and the legitimation of harm. Their shared reliance on a ‘politics of recognition’ has degenerated into a managerial discourse that, far from offering recourse, perpetuates colonial logics by forcing the […]
Radu Bogdan Bobei, ‘How transnational law makes the markets operate’
ABSTRACT The concept of transnational law is regularly employed with at least two meanings. The first meaning focuses on understanding transnational law as a legal system. The second meaning puts forward the understanding of transnational law as methodology. This methodology can be employed either to connect – in order to disconnect – the legal orders […]
LHub’s Law and the Humanities Infrastructure Map – now live
This interactive map allows users to explore various collaborative research infrastructures related to Law and the Humanities across the UK. Use the filters on the left to refine your search and uncover new intersections across disciplines. The map is meant to be a tool that comprehensively shows the scope, spread, and interconnections of infrastructures shaping […]
Steven Douglas Smith, ‘The Collapse of Consent’
ABSTRACT Perhaps no concept is as important in modern political-moral thinking as ‘consent’. The ‘consent of the governed’ is thought to be the necessary and prima facie sufficient condition of political authority. Consent is also deemed to be an or even the most important desideratum in a host of other fields and contexts – contracts, […]
Jennifer Gant, ‘Vulnerability Theory in Insolvency Law’
ABSTRACT The following chapter will introduce a new way of considering stakeholders in a collective procedure (insolvency or restructuring) that seeks to internalise the ‘values network’ by considering the vulnerability and resilience of the various stakeholders insofar is it affects their power within such procedures. It will reach beyond entities possessing pre-contractual entitlements to provide […]
James Toomey, ‘Personhood as Participation’
ABSTRACT ‘Legal personhood’ is thought to be a concept of foundational and systemic importance to the legal system, encompassing all living human beings, born alive, and certain collectivities called corporations. The problem is that the more one tries to square these uncontroversial intuitions with one another, the less the concept hangs together. Many things that […]
Richard Wright, ‘Legal Proof: Warranted Degrees of Belief (Not Statistical/Mathematical Probability)’
ABSTRACT Considerable confusion exists, especially in common law jurisdictions, regarding the required standards of legal proof. In Evidence Matters, Susan Haack, focusing on legal doctrine and practice in the United States, explains that the confusion stems from a misunderstanding of the standards of proof as being based on probability in the sense of statistical frequency […]
David Kwok, ‘Accidental Corporate Social Norms’
ABSTRACT Corporations deliberately attempt to shape social norms through advertising, publicity, and political contributions. This paper considers the threat of corporations’ accidental influence on social norms and expectations. When corporations have accidents, we frequently focus on direct harms: an oil platform may catch fire and explode, leading to environmental and human losses. These accidents may […]
Charlotte Alexander, ‘Rethinking the Litigation Boom’
ABSTRACT This Article rethinks the functions and functioning of litigation booms. Using an original data set that tracks Fair Labor Standards Act cases during the 2000-2016 period, the Article shows that booms are not anomalies but are instead an expected behavior in our distributed system of civil law enforcement. Specifically, plaintiffs and their lawyers ‘herd’ […]
‘Abuse of Rights’- special number of European Private Law Review
Editorial: Comparative and Reflective Remarks on Abuse of Rights and the Role of the General Interest (Emanuel van Dongen and Irene Visser) On the History of the German Doctrine of Abuse of Rights and Public Interests (Hans-Peter Haferkamp) The Role of the General Interest in the Abuse of Rights Doctrine in Polish Law: Private and […]