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Conversations with Professor David Dyzenhaus: Part 2 与David Dyzenhaus教授对话:第二部分
University of Cambridge Faculty of Law Legal Studies Research Paper Series Pub Date : 2015-07-20 DOI: 10.2139/ssrn.3288556
Lesley Dingle, Daniel Bates
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引用次数: 0
From Bifurcation to Calibration: Twin-Track Deference and the Culture of Justification 从分岔到校准:双轨顺从与正当性文化
University of Cambridge Faculty of Law Legal Studies Research Paper Series Pub Date : 2015-05-12 DOI: 10.5040/9781474202701.ch-004
M. Elliott
{"title":"From Bifurcation to Calibration: Twin-Track Deference and the Culture of Justification","authors":"M. Elliott","doi":"10.5040/9781474202701.ch-004","DOIUrl":"https://doi.org/10.5040/9781474202701.ch-004","url":null,"abstract":"Questions about substantive judicial review - its legitimacy, its appropriate intensity, its proper limits - often appear to be as intractable as they are beguiling. The appeal - but also the complexity - of the debate lies, at least in part, in the fact that it is animated by disagreement about underlying constitutional matters, including the rule of law, the separation of powers, and the nature, status, extent, legitimacy and interaction of legislative, administrative and judicial authority. In this chapter, I am concerned with substantive review in the narrower of the two senses in which the term is used in this book: that is, review of the decision itself, as distinct from the process by which the decision was taken, on grounds involving some degree of scrutiny of the merits. More particularly, the aim is to explore the relationship between the constitutional matters mentioned above and the front-line doctrinal tools, such as the Wednesbury and proportionality tests, that are associated with substantive review. I will advocate an approach that, while acknowledging the valuable role that doctrinal tools are capable of playing in the structuring of law and legal reasoning, insists upon such tools’ subservience to the underlying concerns that ought to be in the driving seat. I will also argue against approaches that promise neat, bright-line distinctions but which do so by masking underlying normative or constitutional complexity through the application of a formalist doctrinal veneer.","PeriodicalId":106924,"journal":{"name":"University of Cambridge Faculty of Law Legal Studies Research Paper Series","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-05-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124927465","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: 3
Conversations with Professor David Dyzenhaus: Part 1 与David Dyzenhaus教授对话:第一部分
University of Cambridge Faculty of Law Legal Studies Research Paper Series Pub Date : 2015-01-16 DOI: 10.2139/ssrn.3288545
Lesley Dingle, Daniel Bates
{"title":"Conversations with Professor David Dyzenhaus: Part 1","authors":"Lesley Dingle, Daniel Bates","doi":"10.2139/ssrn.3288545","DOIUrl":"https://doi.org/10.2139/ssrn.3288545","url":null,"abstract":"This is the first interview with the ninth personality for the Eminent Scholars Archive. \u0000Professor David Dyzenhaus is an incumbent of the Arthur Goodhart Vising Professor of Legal Science and the Professor of Philosophy and Law at the University of Toronto.","PeriodicalId":106924,"journal":{"name":"University of Cambridge Faculty of Law Legal Studies Research Paper Series","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-01-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132561751","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
Moral Conflicts, the 'Ought'-Implies-'Can' Principle, and Moral Demandingness 道德冲突、“应该”-“暗示”-“能”原则与道德要求
University of Cambridge Faculty of Law Legal Studies Research Paper Series Pub Date : 2014-12-01 DOI: 10.2139/ssrn.2539130
Matthew H Kramer
{"title":"Moral Conflicts, the 'Ought'-Implies-'Can' Principle, and Moral Demandingness","authors":"Matthew H Kramer","doi":"10.2139/ssrn.2539130","DOIUrl":"https://doi.org/10.2139/ssrn.2539130","url":null,"abstract":"Among the complaints often voiced by philosophers who doubt the possibility or actuality of moral conflicts is that any such conflict would violate the “ought”-implies-“can” principle or would in some other respect be objectionably burdensome. The present essay seeks to rebut or defuse the concerns that impel such complaints. It accepts (at least arguendo) that moral conflicts are at odds with the “ought”-implies-“can” precept, but it maintains that the proper conclusion to be drawn is that that precept in any universally quantified form is false. As for the concern about excessive burdensomeness, I allow that such a worry is genuine but contend that it does not provide any ground for denying that moral conflicts are possible and quite frequently actual.","PeriodicalId":106924,"journal":{"name":"University of Cambridge Faculty of Law Legal Studies Research Paper Series","volume":"9 6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128476403","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: 3
On 'Proportionate' Costs 关于“比例”成本
University of Cambridge Faculty of Law Legal Studies Research Paper Series Pub Date : 2014-02-03 DOI: 10.2139/SSRN.2399061
N. Andrews
{"title":"On 'Proportionate' Costs","authors":"N. Andrews","doi":"10.2139/SSRN.2399061","DOIUrl":"https://doi.org/10.2139/SSRN.2399061","url":null,"abstract":"The English costs rules were amended in April 2013 to implement Sir Rupert Jackson’s Costs Inquiry (2010). Proportionality has become (see sections II to IV of this paper) the final determinant when assessing standard basis costs, supplementing but also trumping the pre-existing criteria of necessity (was the relevant item necessary?) and reasonableness (was the item reasonable in amount?). It will be contended in this article that, of the several possible rationales for reducing costs in the name of 'proportionality' (on these rationales see section V), such a reduction is justified only when there is something on the receiving party’s side which has gone procedurally awry, some element of misconduct which warrants a reduction in recoverable costs (section V). And so proportionality should be invoked only when the receiving party has unreasonably conducted the claim in a manner which is too heavy-handed and over-blown, having regard to the case’s scale, or his conduct of the case has been otherwise seriously unsatisfactory.","PeriodicalId":106924,"journal":{"name":"University of Cambridge Faculty of Law Legal Studies Research Paper Series","volume":"95 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-02-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123227968","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
Accessible, Affordable, and Accurate Civil Justice - Challenges Facing the English and Other Modern Systems 可获得的、负担得起的和准确的民事司法——英国和其他现代制度面临的挑战
University of Cambridge Faculty of Law Legal Studies Research Paper Series Pub Date : 2013-09-24 DOI: 10.2139/SSRN.2330309
N. Andrews
{"title":"Accessible, Affordable, and Accurate Civil Justice - Challenges Facing the English and Other Modern Systems","authors":"N. Andrews","doi":"10.2139/SSRN.2330309","DOIUrl":"https://doi.org/10.2139/SSRN.2330309","url":null,"abstract":"Modern legal systems, including the English, emphasise the need to promote mediation, uphold arbitration (which bypasses the courts), and achieve settlements. These are regarded as preferable to lengthy court proceedings culminating in trial. In England the Jackson reforms of April 2013 aim to control costs and stream-line proceedings. However, it is here argued that the challenges of promoting affordability and accessibility must not be permitted to undermine accuracy and that public adjudication in the courts of civil claims, including clarification of points of law, remain important for the vitality and health of the legal system. Inaccurate judicial decision-making would be unacceptably rough justice. It will be shunned. Furthermore, although mediation and arbitration have their place, both have their dangers, if they cause public adjudication to become too scarce or unreliable. For neither mediation nor arbitration involves public judgment of disputed matters of fact and law.","PeriodicalId":106924,"journal":{"name":"University of Cambridge Faculty of Law Legal Studies Research Paper Series","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-09-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114810150","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: 14
Conversation with Professor Leslie Ronald Zines 与Leslie Ronald Zines教授的对话
University of Cambridge Faculty of Law Legal Studies Research Paper Series Pub Date : 2011-10-07 DOI: 10.2139/ssrn.3288559
Lesley Dingle, Daniel Bates
{"title":"Conversation with Professor Leslie Ronald Zines","authors":"Lesley Dingle, Daniel Bates","doi":"10.2139/ssrn.3288559","DOIUrl":"https://doi.org/10.2139/ssrn.3288559","url":null,"abstract":"Professor Zines was interviewed at Lesley Dingle’s home in Newnham on 7th October 2011, there being a power failure that day in the Law Faculty at Cambridge.","PeriodicalId":106924,"journal":{"name":"University of Cambridge Faculty of Law Legal Studies Research Paper Series","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-10-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129125822","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
Capital Market Openness After Financial Turmoil 金融动荡后的资本市场开放
University of Cambridge Faculty of Law Legal Studies Research Paper Series Pub Date : 2009-07-19 DOI: 10.2139/SSRN.1436143
Eilís Ferran
{"title":"Capital Market Openness After Financial Turmoil","authors":"Eilís Ferran","doi":"10.2139/SSRN.1436143","DOIUrl":"https://doi.org/10.2139/SSRN.1436143","url":null,"abstract":"After a brief period during the financial crisis when countries appeared to be lurching towards economic nationalism, the international community has reaffirmed its commitment to open markets that are regulated in balanced ways that promote innovation while discouraging abuse. Hence, it remains important to look closely at market-opening regulatory strategies. Before the crisis a lot of momentum had built up behind flagship market-opening projects in financial reporting and international mutual recognition. This article looks at those projects through a post-crisis lens and finds that much has changed. Considerations that have led US authorities to step back from ambitious proposals are reviewed, as are efforts by European Community bodies to maintain momentum.International standard setting and bilateral regulatory dialogues are the two key routes that lead to international regulatory convergence towards a consistent set of rules. Post crisis, global solutions worked out by international standard-setting bodies have assumed particular prominence but the review in this article indicates that bilateral exchanges still have an important role to play and that the two routes complement each other rather than being entirely separate parallel tracks.","PeriodicalId":106924,"journal":{"name":"University of Cambridge Faculty of Law Legal Studies Research Paper Series","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-07-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134453517","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: 3
Conversations with Mr R.W.M Dias : First Interview (17 January 2007): Early Years – 1921-1951 与r.w.m.迪亚斯先生对话:第一次访谈(2007年1月17日):早年- 1921-1951
University of Cambridge Faculty of Law Legal Studies Research Paper Series Pub Date : 2007-01-17 DOI: 10.2139/ssrn.3288485
Lesley Dingle, Daniel Bates
{"title":"Conversations with Mr R.W.M Dias : First Interview (17 January 2007): Early Years – 1921-1951","authors":"Lesley Dingle, Daniel Bates","doi":"10.2139/ssrn.3288485","DOIUrl":"https://doi.org/10.2139/ssrn.3288485","url":null,"abstract":"Between January and March 2007 Mr Dias was interviewed three times at his home in Babraham Road, Cambridge, to record his reminiscences of nearly seventy years of his association with the Faculty of Law at the University of Cambridge. He is one of the very few remaining scholars whose experiences extend to pre-Second World War times, and at the time of writing, he is the oldest living ex-member of the Faculty. The interviewer is Lesley Dingle.","PeriodicalId":106924,"journal":{"name":"University of Cambridge Faculty of Law Legal Studies Research Paper Series","volume":"2012 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-01-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128003126","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
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