University of Cambridge Faculty of Law Legal Studies Research Paper Series最新文献

Gezina van der Molen 吉娜·范·德·莫伦

University of Cambridge Faculty of Law Legal Studies Research Paper Series Pub Date : 2021-09-09 DOI: 10.2139/ssrn.3920232

S. Nouwen, W. Werner

{"title":"Gezina van der Molen","authors":"S. Nouwen, W. Werner","doi":"10.2139/ssrn.3920232","DOIUrl":"https://doi.org/10.2139/ssrn.3920232","url":null,"abstract":"As one of many portraits collected in Immi Tallgren’s eye-opening portrait gallery of (forgotten) women in International Law, this chapter paints a picture of Gezina van der Molen. Contrary to many of the women discussed in this book, Van der Molen was already recognized as a significant actor in the world of international law and relations in her day. In many of her roles she was the first woman in a man’s world: the first woman to obtain a doctorate at the Free University of Amsterdam; the first female professor at that university; the first woman to be appointed as a member of the Permanent Court of Arbitration. For Van der Molen, it was not so much the positions that were important, but the work she could do through those positions – work that she had also pursued as a resistance fighter in the Second World War and in various social groups. This work was initially heavily inspired by the religious and moral principles of the church to which she belonged: the Neo-Calvinist. But her increasing encounter with plurality created a dilemma that still confronts international lawyers today: given that there are many different readings of what justice requires, who should be able to determine its meaning in concrete circumstances? In one prominent role, that of Chairwoman of the ‘Committee for War Foster Children’, it was Van der Molen who was to a large extent responsible for deciding just that. It has been her insistence on equality without wanting to recognize cultural differences as being legally relevant that has turned her into a pioneer who cannot be celebrated.","PeriodicalId":106924,"journal":{"name":"University of Cambridge Faculty of Law Legal Studies Research Paper Series","volume":"116 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116263457","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Financial Crises and International Law 金融危机与国际法

University of Cambridge Faculty of Law Legal Studies Research Paper Series Pub Date : 2019-06-01 DOI: 10.2139/ssrn.3407483

M. Waibel

引用次数: 0

Non-fettering, Legitimate Expectations and Consistency of Policy: Separate Compartments or Single Principle? 不受约束、合理的期望和政策的一致性:分开的部门还是单一的原则?

University of Cambridge Faculty of Law Legal Studies Research Paper Series Pub Date : 2018-12-21 DOI: 10.2139/ssrn.3305130

S. Stark

引用次数: 2

Turning the Rule of Law into an English Constitutional Idea 将法治理念转化为英国宪政理念

University of Cambridge Faculty of Law Legal Studies Research Paper Series Pub Date : 2018-07-05 DOI: 10.4337/9781786432445.00017

J. Allison

{"title":"Turning the Rule of Law into an English Constitutional Idea","authors":"J. Allison","doi":"10.4337/9781786432445.00017","DOIUrl":"https://doi.org/10.4337/9781786432445.00017","url":null,"abstract":"In response to highly selective recent treatment, Dicey’s rule of law contribution is presented, not merely as coining or popularising the well-known phrase, but as multi-faceted. It was the express, methodical and comprehensive incorporation of the rule of law as one of two pervasive constitutional principles, which accorded with his various nineteenth-century expectations or understandings of the English constitution. They are distinguished as expectations of method, national specificity, remedial effectiveness, congruity of first principles, and historicity. The chapter explains to what extent Dicey’s exposition of the rule of law, relative to comparable earlier leading writings on the English constitution, answered those expectations. Dicey’s expectation of congruity of the constitution’s first principles is shown to have been of particular strength, importance and distinctiveness. It affords normative interpretivists good reason both to claim continuity with one prominent facet of Dicey’s contribution and to avoid suspicion of interpretivist distortion by unnecessarily overstating that continuity or by ignoring other such facets. \u0000 \u0000This draft chapter has been published by Edward Elgar Publishing in 'Handbook on the Rule of Law' (Chapter 10) edited by Christopher May and Adam Winchester (see ElgarOnline). Published in 2018, it is complemented by Chapter 9, the SSRN version of which is available at: https://ssrn.com/abstract=3219199.","PeriodicalId":106924,"journal":{"name":"University of Cambridge Faculty of Law Legal Studies Research Paper Series","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130874780","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

The Single Rulebook and the European Banking Authority 单一规则手册和欧洲银行管理局

University of Cambridge Faculty of Law Legal Studies Research Paper Series Pub Date : 2018-06-29 DOI: 10.2139/ssrn.3205222

V. Babis

引用次数: 1

Breach of Contract: A Plea for Clarity and Discipline 违反合同:要求明确和纪律

University of Cambridge Faculty of Law Legal Studies Research Paper Series Pub Date : 2018-06-01 DOI: 10.2139/ssrn.3198563

N. Andrews

引用次数: 1

A Conversation with Emeritus Professor Judge James Richard Crawford - Part 2: Scholarly Works 与名誉教授法官詹姆斯·理查德·克劳福德的对话-第2部分:学术著作

University of Cambridge Faculty of Law Legal Studies Research Paper Series Pub Date : 2018-05-04 DOI: 10.2139/ssrn.3287720

Lesley Dingle, D. Bates

引用次数: 0

A Conversation with Emeritus Professor Judge James Richard Crawford - Part 1: Early Life and Career 与荣誉教授法官詹姆斯·理查德·克劳福德的对话-第一部分:早期生活和职业

University of Cambridge Faculty of Law Legal Studies Research Paper Series Pub Date : 2018-05-03 DOI: 10.2139/ssrn.3287715

Lesley Dingle, Daniel Bates

引用次数: 0

The Demandingness of Deontological Duties 义务论义务的要求性

University of Cambridge Faculty of Law Legal Studies Research Paper Series Pub Date : 2018-04-11 DOI: 10.2139/ssrn.3160571

Matthew H Kramer

引用次数: 0

Flexible Work: A Law and Economics Perspective 弹性工作:法律和经济学的视角

University of Cambridge Faculty of Law Legal Studies Research Paper Series Pub Date : 2018-01-01 DOI: 10.2139/ssrn.3105306

Marc T. Moore

{"title":"Flexible Work: A Law and Economics Perspective","authors":"Marc T. Moore","doi":"10.2139/ssrn.3105306","DOIUrl":"https://doi.org/10.2139/ssrn.3105306","url":null,"abstract":"Both casual and gig-based work arrangements have been subject to unprecedented levels of attention recently. This is mainly due to the widely-reported usage by many well-known corporate employers of controversial ‘zero-hours’ work contracts, the recent spate of well-publicised tribunal and court decisions on alleged employer exploitation of gig economy workers in cases such as Uber and Deliveroo, and also the publication in 2017 of the high-profile Taylor Review and subsequent House of Commons Committees’ Report into modern UK employment practices. While these developments and issues are likely to be subject to extensive analysis by employment lawyers, they remain relatively underexplored from other pertinent legal and inter-disciplinary angles. Accordingly, this paper will adopt an alternative perspective on flexible work inspired by the economic analysis of law and, in particular, the Coasean theory of the firm. Focussing on the implications of casual and gig-based work for the allocation of authority, risk, profit and decision-making rights within the firm, it will present a normative case for worker ownership as the reciprocal counterpart to flexible workers’ residual risk-bearing function. On this basis, it will critically assess key aspects of the current legal framework and policy agenda for the protection/empowerment of flexible workers in the UK.","PeriodicalId":106924,"journal":{"name":"University of Cambridge Faculty of Law Legal Studies Research Paper Series","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133636665","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1