Current Legal Problems最新文献_第2页

A Short History of Judicial Diversity 司法多样性简史

2区社会学

Current Legal Problems Pub Date : 2023-08-09 DOI: 10.1093/clp/cuad007

Erika Rackley

{"title":"A Short History of Judicial Diversity","authors":"Erika Rackley","doi":"10.1093/clp/cuad007","DOIUrl":"https://doi.org/10.1093/clp/cuad007","url":null,"abstract":"Abstract Judicial diversity is a priority without priority. While few would argue, openly at least, against a more diverse judiciary in principle, there is still some way to go to make it a reality. And yet, despite the slow rate of progress, reigniting conversations about diversity may seem unwise in the current political moment, raising the question of whether those seeking to achieve a truly diverse judiciary have anywhere (new) to go. We seem to have reached an impasse. This article brings the insights of feminist legal history to bear on arguments for judicial diversity. Drawing on original archival research, it focuses on the establishment of the Industrial Court in 1919 and tells, for the first time, how there came to be statutory requirement for women’s presence on the court. It argues that the quality argument for diversity—that a court is stronger and its decision-making better for the inclusion of women among its members—was central to this success. It goes on to argue that in unsettling deep-seat assumptions particularly around arguments for the imposition of quotas, the history of the Industrial Court, and feminist legal history more generally, offers a way out of the impasse and a reason to keep talking about judicial diversity. This is important. For it is only by doing so that we have any chance of securing a judiciary that is truly diverse.","PeriodicalId":45282,"journal":{"name":"Current Legal Problems","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135652383","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Gambling Disorder, Financial Loss and Suicide—A Journey to the ‘Outer Reaches’ of the Common Law 赌瘾、经济损失与自杀——普通法的“外缘”之旅

IF 1.2 2区社会学

Current Legal Problems Pub Date : 2023-07-22 DOI: 10.1093/clp/cuad006

J. O’sullivan

引用次数: 0

‘Not Time to Make a Change’? Reviewing the Rhetoric of Law Reform “没有时间做出改变”?法律改革修辞学述评

IF 1.2 2区社会学

Current Legal Problems Pub Date : 2023-06-05 DOI: 10.1093/clp/cuad004

James Lee

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引用次数: 1

Existential Ethics: Thinking Hard About Lawyer Responsibility for Clients’ Environmental Harms 存在伦理:律师对委托人环境损害责任的反思

IF 1.2 2区社会学

Current Legal Problems Pub Date : 2023-06-02 DOI: 10.1093/clp/cuad005

S. Vaughan

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引用次数: 1

The Privatisation of Private (and) International Law 私法（和）国际法的私有化

IF 1.2 2区社会学

Current Legal Problems Pub Date : 2023-03-22 DOI: 10.1093/clp/cuad003

A. Mills

{"title":"The Privatisation of Private (and) International Law","authors":"A. Mills","doi":"10.1093/clp/cuad003","DOIUrl":"https://doi.org/10.1093/clp/cuad003","url":null,"abstract":"\u0000 Privatisation is much studied and debated as a general phenomenon, including in relation to its legal effects and the challenges it presents to the boundaries of public and private law. Outside the criminal context there has however been relatively limited focus on privatisation of the governmental functions which are perhaps of most interest to lawyers—law making, law enforcement and dispute resolution—or on the international legal implications of privatisation. This article argues that modern legal developments in the context of private law and cross-border private legal relations—generally known as party autonomy in private international law—can be usefully analysed as two distinct forms of privatisation. First, privatisation of certain allocative functions of public and private international law, in respect of both institutional and substantive aspects of private law regulation, through the legal effect given to choice of court and choice of law agreements. Second, privatisation of the institutional and substantive regulation of private legal relationships themselves, through arbitration and the recognition of non-state law. Together, these developments have established a global marketplace of state and non-state dispute resolution institutions and private laws, which detaches private law authority from its traditional jurisdictional anchors. Analysing these developments through the lens of privatisation highlights a number of important critical questions which deserve greater consideration—this article further examines in particular whether this form of privatisation in fact increases efficiency in either private international law decision-making or private law dispute resolution, as well as its distributive and regulatory effects.","PeriodicalId":45282,"journal":{"name":"Current Legal Problems","volume":"1 1","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41939219","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

The Thinkery and the Academy: Examining the Legal Parameters and Interactions of Academic Freedom and Freedom of Expression Under English Law 思想库与学院:考察英国法律下学术自由与言论自由的法律参数及其相互作用

IF 1.2 2区社会学

Current Legal Problems Pub Date : 2023-02-24 DOI: 10.1093/clp/cuad002

J. Murray

引用次数: 0

Against Normative Damages 反对规范性损害赔偿

IF 1.2 2区社会学

Current Legal Problems Pub Date : 2023-02-16 DOI: 10.1093/clp/cuad001

E. Descheemaeker

引用次数: 0

Willed Ignorance: Reflections on academic free speech, occasioned by the David Miller case Willed Ignorance:由David Miller案引发的对学术言论自由的反思