Current Legal Problems最新文献_第6页

The Territorial Constitution and the Brexit Process 领土宪法与英国脱欧进程

IF 1.2 2区社会学

Current Legal Problems Pub Date : 2019-10-15 DOI: 10.1093/clp/cuz007

S. Tierney

引用次数: 3

Assumption of Responsibility: Four Questions 责任承担：四个问题

IF 1.2 2区社会学

Current Legal Problems Pub Date : 2019-07-13 DOI: 10.1093/CLP/CUZ002

D. Nolan

{"title":"Assumption of Responsibility: Four Questions","authors":"D. Nolan","doi":"10.1093/CLP/CUZ002","DOIUrl":"https://doi.org/10.1093/CLP/CUZ002","url":null,"abstract":"\u0000 Although the assumption of responsibility concept pervades the English law of negligence, its meaning remains hazy and its significance contested. While the courts employ the language of assumption of responsibility on a regular basis, no clear judicial definition of it has emerged. And commentators are divided as to whether assumption of responsibility is a distinct ground on which liability is imposed, or merely a foil for policy arguments – or for another, more general, test for the recognition of duties of care. Matters are complicated by the fact that assumption of responsibility does not fit neatly within the orthodox categories of ‘tort’ and ‘contract’, but hovers uncertainly between the two. The aim of this article is to try to bring some clarity to the controversies surrounding assumption of responsibility. Four questions frame the analysis. What does assumption of responsibility mean? When does it matter? Why do we need it? And where does it belong? Although the answers to some of these questions are necessarily tentative, at least one conclusion should become clear, namely that assumption of responsibility is a meaningful and distinctive basis on which to impose negligence liability.","PeriodicalId":45282,"journal":{"name":"Current Legal Problems","volume":"1 1","pages":""},"PeriodicalIF":1.2,"publicationDate":"2019-07-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/CLP/CUZ002","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41947180","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: 1

When Law is Good for Your Health: Mitigating the Social Determinants of Health through Access to Justice 当法律对你的健康有益：通过诉诸司法减轻健康的社会决定因素

IF 1.2 2区社会学

Current Legal Problems Pub Date : 2019-06-01 DOI: 10.1093/clp/cuz003

H. Genn

{"title":"When Law is Good for Your Health: Mitigating the Social Determinants of Health through Access to Justice","authors":"H. Genn","doi":"10.1093/clp/cuz003","DOIUrl":"https://doi.org/10.1093/clp/cuz003","url":null,"abstract":"\u0000 Access to justice research over two decades has documented the health-harming effects of unmet legal needs. There is growing evidence of bidirectional links between law and health demonstrating that social and economic problems with a legal dimension can exacerbate or create ill health and, conversely that ill-health can create legal problems. Independently, social epidemiological research documents gross and widening inequalities in health, largely explained by social determinants such as income, housing, employment, and education. Although legal issues are embedded in most social determinants of health, law has been largely invisible in social determinants discourse, research and interventions. This article argues that legal services have an important role to play in mitigating many of the socio-economic determinants that disproportionately impact the health of low income and vulnerable groups. It describes the international practitioner-led movement of Health Justice Partnership through which lawyers work with healthcare teams to address the root causes of ill health rather than focusing on physical and psychological manifestations of negative social determinants. Finally, the article attempts to delineate the evolving field of health justice, advancing a transdisciplinary research agenda that could strengthen both public health and access to justice research by moving beyond the limitations of single discipline approaches. Noting the vigorous policy emphasis in law and health on prevention and partnership to address the twin challenges of access to justice and health inequalities, the article ends with a plea for policy coordination that acknowledges shared responsibility across government for improving the health of the public.","PeriodicalId":45282,"journal":{"name":"Current Legal Problems","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2019-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/clp/cuz003","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49501191","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: 19

After privatisation? 私有化之后?

IF 1.2 2区社会学

Current Legal Problems Pub Date : 2019-05-10 DOI: 10.7765/9781526139948.00013

Gunther Teubner

引用次数: 46

The Transnational Counter-Terrorism Order: A Problématique 跨国反恐秩序:一个问题

IF 1.2 2区社会学

Current Legal Problems Pub Date : 2019-01-01 DOI: 10.1093/clp/cuz005

Fiona de Londras

{"title":"The Transnational Counter-Terrorism Order: A Problématique","authors":"Fiona de Londras","doi":"10.1093/clp/cuz005","DOIUrl":"https://doi.org/10.1093/clp/cuz005","url":null,"abstract":"We live our lives in an often-unseen transnational counter-terrorism order. For almost two decades now, counter-terrorist hegemons have been acting on multiple transnational levels, using a mixture of legal, institutional, technical and political manoeuvres to develop laws, policies and practices of counter-terrorism that undervalue rights, exclude civil society, limit dissent and disagreement, and expand greatly the reach of national and transnational security. The assemblage of laws, institutions, forums, processes, bureaucracies, and cooperative networks that have emerged from these machinations should be understood as a transnational counter-terrorism order that is intended to instantiate on a global level ‘an arrangement of social life…[that]…promotes certain goals or values’ (Bull), whether or not they conflict with rights, whether or not they emerge from legitimate and participatory processes. This paper brings together various seemingly-technical or esoteric strands of law, institutions, policy and politics to show their connections, interdependencies and interactions and, thereby, to illustrate the emergence of this transnational counter-terrorism order. It argues that unless we recognise the connections between and multi-scalar implications of the seemingly disparate, sometimes opaque, and often bureaucratic elements that make up the transnational counter-terrorism order, its scale and implications will remain hidden in plain sight and we may find ourselves unable effectively to insist on fidelity to the constitutionalist values of rights, accountability, and democratic legitimacy.","PeriodicalId":45282,"journal":{"name":"Current Legal Problems","volume":"1 1","pages":""},"PeriodicalIF":1.2,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/clp/cuz005","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60877907","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

Trafficking: A Development Approach 贩运:一种发展方法

IF 1.2 2区社会学

Current Legal Problems Pub Date : 2019-01-01 DOI: 10.1093/clp/cuz012

Prabha Kotiswaran

{"title":"Trafficking: A Development Approach","authors":"Prabha Kotiswaran","doi":"10.1093/clp/cuz012","DOIUrl":"https://doi.org/10.1093/clp/cuz012","url":null,"abstract":"Almost twenty years since the adoption of the Palermo Protocol on Trafficking, anti-trafficking law and discourse continue to be in a state of tremendous flux and dynamic evolution. While the efficacy of using criminal law to tackle an irreducibly socioeconomic problem of labour exploitation was always suspect, scholars and activists alike sought to remedy the excesses of a criminal justice approach by articulating a human rights approach to trafficking. Arguing that this did not go far enough, labour law scholars called for a labour approach to trafficking in order to forefront the role that a redistributive mechanism like labour law could perform in supporting the agency of workers to counter vulnerability to trafficking. Since then, trafficking has evolved into a development issue with the articulation of Sustainable Development Goal 8.7 around which international organisations have mobilised considerable resources. Influential actors believe that bringing development to countries of the Global South will help them eliminate 'modern slavery'. My paper instead builds on the critique of the developmental project to elaborate on the key elements of a development approach to trafficking, one which is rooted in the realities of the developing world and which recognizes the fundamentally different configurations of the state, market, civil society and legal system in the Global South. Using the example of India, I argue that conventional regulatory responses to 'trafficking' and 'modern slavery' must be fundamentally rethought and that an uncritical reliance on a criminal law approach to trafficking must be replaced by efforts to implement domestic labour and social welfare laws which are themselves the result of long-term struggles for decent work and against extreme exploitation.","PeriodicalId":45282,"journal":{"name":"Current Legal Problems","volume":"5 1","pages":""},"PeriodicalIF":1.2,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138536781","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

The Rule of—and not by any—Law. On Constitutionalism 法律的规则，而不是任何法律。论宪政

IF 1.2 2区社会学

Current Legal Problems Pub Date : 2018-12-01 DOI: 10.1093/CLP/CUY010

S. Baer

引用次数: 5

Hate Speech Online: an (Intractable) Contemporary Challenge? 网络仇恨言论:一个(棘手的)当代挑战?

IF 1.2 2区社会学

Current Legal Problems Pub Date : 2018-12-01 DOI: 10.1093/CLP/CUY012

C. O’Regan

引用次数: 15

Polycentric Competition Law 多中心竞争法

IF 1.2 2区社会学

Current Legal Problems Pub Date : 2018-12-01 DOI: 10.1093/CLP/CUY008

I. Lianos

{"title":"Polycentric Competition Law","authors":"I. Lianos","doi":"10.1093/CLP/CUY008","DOIUrl":"https://doi.org/10.1093/CLP/CUY008","url":null,"abstract":"In a world marked by financial instability, limited growth, rising inequality, deteriorating environment, growing corporate consolidation, and political turmoil, calls are made to shift the dominant competition law paradigm towards new directions. These may bring competition law beyond its usual comfort zone of assessing business, or government, practices from the point of view of their effect on prices, output and, more broadly, on consumer welfare.Competition law is seen as a tool to be used in various circumstances in order to ‘correct’ market as well as non-market (e.g. government) failures, that result from restrictions of competition, to the extent that these affect social welfare. These failures may relate to the protection of personal data and privacy, the protection of the environment, the promotion of social mobility, the harnessing of disruptive innovation, or the mitigation of technology risks. Some go even further and argue that competition law may well be employed in order to preserve a number of other ‘values’ of social justice, thought to be intrinsic in democratic capitalism and the liberal order, and to which competition law should be sensitive.By putting forward the model of ‘polycentric competition law’ and by explaining how this compares with the mainstream ‘monocentric’ vision that has prevailed so far, the study aims to unveil and portray the rites of passage in this transition, and to explore the liminal condition of modern competition law.","PeriodicalId":45282,"journal":{"name":"Current Legal Problems","volume":"71 1","pages":"161-213"},"PeriodicalIF":1.2,"publicationDate":"2018-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/CLP/CUY008","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45435714","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: 38

Populism and the UK Constitution 民粹主义与英国宪法

IF 1.2 2区社会学

Current Legal Problems Pub Date : 2018-12-01 DOI: 10.1093/CLP/CUY009

A. L. Young

引用次数: 2