Edinburgh Law Review最新文献_第6页

Correction by Construction: Dealing with Drafting Errors by Way of Interpretation 构造修正:以解释的方式处理起草错误

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Edinburgh Law Review Pub Date : 2023-01-01 DOI: 10.3366/elr.2023.0813

L. Richardson

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Charles Kerrigan (ed), Artificial Intelligence Law and Regulation Charles Kerrigan主编，《人工智能法律与法规》

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Edinburgh Law Review Pub Date : 2023-01-01 DOI: 10.3366/elr.2023.0821

N. Gleeson

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Obtaining the “Main Keys to Wisdom”: Distinguishing “Damages” from other Pecuniary Remedies in Scots Law 获取“智慧的钥匙”：区分苏格兰法律中的“损害赔偿”与其他惩罚性救济

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Edinburgh Law Review Pub Date : 2023-01-01 DOI: 10.3366/elr.2023.0811

Jonathan Brown

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“A Number of Interesting Puzzles involving the Law of Agency”: VMS Enterprises Ltd v The Brexit Party Ltd “涉及代理法的一些有趣的谜题”：VMS企业有限公司诉英国脱欧党有限公司

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Edinburgh Law Review Pub Date : 2023-01-01 DOI: 10.3366/elr.2023.0812

L. Macgregor

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Legislating for a Post-Brexit Scotland: Scottish Parliamentary Scrutiny of UK Statutory Instruments on Retained EU Law 英国脱欧后的苏格兰立法:苏格兰议会对英国保留欧盟法律的法定文书的审查

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Edinburgh Law Review Pub Date : 2023-01-01 DOI: 10.3366/elr.2023.0809

Robert Brett Taylor, Adelyn L M Wilson

{"title":"Legislating for a Post-Brexit Scotland: Scottish Parliamentary Scrutiny of UK Statutory Instruments on Retained EU Law","authors":"Robert Brett Taylor, Adelyn L M Wilson","doi":"10.3366/elr.2023.0809","DOIUrl":"https://doi.org/10.3366/elr.2023.0809","url":null,"abstract":"The UK formally left the European Union (EU) on 31 January 2020, and entered a transition period until 31 December 2020 (“IP Completion Day”). Thereafter, EU law was no longer binding on the UK as an international source of law, and was replaced by a domestic equivalent, known as “retained EU law”. One of the questions which arose prior to IP Completion Day was how to correct retained EU law in advance of it taking effect, so that it would operate effectively and avoid a so-called “cliff-edge scenario”. Most of these corrections were made using delegated legislation by the UK Government. This was typically done with the consent of the devolved administrations where retained EU law included policy areas within the devolved competences of Scotland, Wales and Northern Ireland. In Scotland, new processes were introduced to provide the Scottish Parliament with an opportunity to approve such consent being given by the Scottish Government. The purpose of this article is to provide new analysis of the impact of this process and its significance for Scots law and Scottish parliamentary scrutiny, as well as to consider the extent to which the challenges observed with that process have been addressed by the successor process which has been in place since IP Completion Day.","PeriodicalId":43268,"journal":{"name":"Edinburgh Law Review","volume":"141 ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41253257","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

Niall R Whitty, Unjustified Enrichment 尼尔·R·惠蒂，《不正当致富》

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Edinburgh Law Review Pub Date : 2023-01-01 DOI: 10.3366/elr.2023.0820

M. Godfrey

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Interpreting Sexual Offence Verdicts: Public Attitudes to Complainer Anonymity and the “Not Proven” Debate 解读性犯罪判决:公众对举报人匿名和“未证实”辩论的态度

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Edinburgh Law Review Pub Date : 2023-01-01 DOI: 10.3366/elr.2023.0814

A. Tickell, Seonaid Stevenson-McCabe

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Gender Critical Litigation: Reconciling Fair Play for Women and For Women Scotland 性别批判诉讼:调和公平竞争的妇女和妇女苏格兰

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Edinburgh Law Review Pub Date : 2022-09-01 DOI: 10.3366/elr.2022.0796

A. Tickell

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Comparative Observations on the Consequences of Illegality 关于违法后果的比较观察

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Edinburgh Law Review Pub Date : 2022-09-01 DOI: 10.3366/elr.2022.0787

J. du Plessis

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Medical Intervention and Incapax Patients: The Place of Negotiorum Gestio within Law’s “Fundamental Structural Language” 医疗干预与失智患者：无因手势在法律“基本结构语言”中的地位

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Edinburgh Law Review Pub Date : 2022-09-01 DOI: 10.3366/elr.2022.0789

Jonathan Brown

{"title":"Medical Intervention and Incapax Patients: The Place of Negotiorum Gestio within Law’s “Fundamental Structural Language”","authors":"Jonathan Brown","doi":"10.3366/elr.2022.0789","DOIUrl":"https://doi.org/10.3366/elr.2022.0789","url":null,"abstract":"A. INTRODUCTION In 2017, Professor Martin Hogg published a magisterial monograph on the subject of Obligations: Law and Language. From the outset of that work, the author notes that the words used by the parties to obligational relationships―even obligational relationships which are constituted ex voluntate―do not need to, and indeed do not generally, map on to the “fundamental structural language” of the law. This “fundamental structural language” can be understood as the lexicon comprised of those basic terms which are used by “external observers” of obligational relationships―most often being lawyers, legislators and jurists―to “make sense” of the law of obligations conceptually, as well as of specific undertakings in particular. Words such as ‘promise’, ‘offer’ and ‘unqualified acceptance’, to take some basic examples not directly examined by Hogg for “constraints of space”, might be applied by the parties to a (potentially) obligational relationship. However, the subjective understanding that the parties themselves have of these terms, or their respective intentions in using them, will not necessarily correspond with the objective legal understanding of the relevant words. Within the field of ex lege obligations―that is, those obligations which are imposed by law, or arise juridically―there is less (indeed, usually no) opportunity for the parties to demonstrate their own understanding of the words habitually employed to describe the obligational nexus. It does not matter how a negligent driver who is sued for causing injury to another road user would describe their relationship to the pursuer: the institutional position is that they are delictually liable to repair the damnum [loss] that they wrongfully caused. A party to a frustrated agreement might not think or believe themselves to be ‘unjustifiably enriched’ by possessing something given to them in the expectation of their performance of","PeriodicalId":43268,"journal":{"name":"Edinburgh Law Review","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43406462","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