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Informing a sociological jurisprudence of mutual trust and confidence 为互信的社会学法理学提供依据

IF 0.7 4区社会学

Legal Studies Pub Date : 2024-03-11 DOI: 10.1017/lst.2024.1

Emily Rose

引用次数: 0

Contesting the property paradigm amid ‘radical’ constitutional change: Living Rent and the Private Residential Tenancies (Scotland) Act 2016 在 "激进 "的宪法变革中争夺财产范式：生活租金与《2016 年私人住宅租赁（苏格兰）法

IF 0.7 4区社会学

Legal Studies Pub Date : 2024-03-11 DOI: 10.1017/lst.2024.4

Mark Jordan

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引用次数: 0

Analysing legal responses to coerced debt 分析针对胁迫债务的法律对策

IF 0.7 4区社会学

Legal Studies Pub Date : 2024-02-15 DOI: 10.1017/lst.2023.46

Ellen Gordon-Bouvier

{"title":"Analysing legal responses to coerced debt","authors":"Ellen Gordon-Bouvier","doi":"10.1017/lst.2023.46","DOIUrl":"https://doi.org/10.1017/lst.2023.46","url":null,"abstract":"This paper analyses legal responses to the problem of debt taken out due to coercion within an intimate relationship. Coerced debt differs from other forms of domestic abuse, as it involves a contractual relationship between the victim and a third-party lender. Legal responses must consider whether the victim should be released from her contractual obligation. The paper employs a theoretical lens of vulnerability and relationality, examining lenders’ duties to combat coerced debt, as well as contractual doctrines of undue influence and duress, which allow victims to have transactions set aside under certain circumstances. The paper argues that victims are being failed by an inadequate legal response. The law views vulnerability as an exceptional state and relationality as a constraint, rather than inherent features of the human condition. Through the social construct of the ‘free market’, lenders are consistently favoured by the law, with little obligation to ensure that transactions are free from coercion. The paper concludes with a call for the state to take greater responsibility for coerced debt and to allocate the risk differently than it currently does. This will promote higher levels of resilience for victims and allow them to escape abusive relational contexts.","PeriodicalId":46121,"journal":{"name":"Legal Studies","volume":"74 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2024-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139767471","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"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

Statutory interpretation and the administrative state: refocusing the purposivist/intentionalist debate 法定解释与行政国家：重新聚焦目的论/意图论辩论

IF 0.7 4区社会学

Legal Studies Pub Date : 2024-02-08 DOI: 10.1017/lst.2023.44

Tim Sayer

{"title":"Statutory interpretation and the administrative state: refocusing the purposivist/intentionalist debate","authors":"Tim Sayer","doi":"10.1017/lst.2023.44","DOIUrl":"https://doi.org/10.1017/lst.2023.44","url":null,"abstract":"Questions of statutory interpretation form a significant portion of administrative law cases. Accordingly, judicial methodology in this area requires careful consideration by public law commentators. The core aim of this paper is to question the general orthodoxy that statutory interpretation is invariably a question for judges. In recent times, one prominent argument has been that between jurists arguing that interpretation should be the realisation of Parliament's intention (‘intentionalist’), and those who prefer the closely related but subtly distinct focus on its objective purpose (‘purposivist’). I contend that this argument, framed as a question over the inter-institutional relationship between Parliament and the courts, focuses on how interpretation is carried out without considering who is best placed to do the interpreting. Given, as I demonstrate with a series of case studies, that in hard cases the distinction between interpretation and discretion/policymaking can become obscure to the point of nullity, the debate fails to consider institutional arguments for judicial deference on questions of law. Moreover, and counterintuitively, the arguments of the intentionalists/purposivists can be used to bolster an argument for deference. My conclusion adopts a wider lens, setting out a broader constitutional argument for, and addressing objections against, cautious and context-sensitive deference.","PeriodicalId":46121,"journal":{"name":"Legal Studies","volume":"39 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2024-02-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139767464","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"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

What does Covid-19 teach us about English contract law? 科维德-19 对英国合同法有何启示？

IF 0.7 4区社会学

Legal Studies Pub Date : 2024-02-08 DOI: 10.1017/lst.2023.45

Catherine Mitchell

{"title":"What does Covid-19 teach us about English contract law?","authors":"Catherine Mitchell","doi":"10.1017/lst.2023.45","DOIUrl":"https://doi.org/10.1017/lst.2023.45","url":null,"abstract":"This paper examines how English courts have responded to the contract problems generated by the Covid-19 pandemic and considers what this tells us about future contract law development. In relation to consumers, the case law on pandemic-affected contracts, though limited, indicates that traditional contract doctrine does not necessarily produce beneficial outcomes for consumers. This further diminishes the importance of the common law in the consumer contracting context. In the commercial sector, contracting parties were encouraged by government and other organisations to co-operate with one another and act in good faith during the crisis, but this has not influenced the courts applying contract law in the pandemic aftermath. The emerging case law suggests that contract law has retained its commitment to certainty, freedom of contract and sanctity of contract, notwithstanding the extraordinary circumstances around the outbreak and its unpredictable effects on contracts. The unalloyed application of formal contract law in the post-pandemic case law augments the position of relational norms as extra-contractual in English law, putting the further judicial development of relational contract principles in doubt. The paper concludes that despite the considerable social and economic upheaval caused by the pandemic, its impact on contract law development is likely to be minimal.","PeriodicalId":46121,"journal":{"name":"Legal Studies","volume":"5 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2024-02-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139767467","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"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

Revisiting the punitiveness of deportation 重新审视递解出境的惩罚性

IF 0.7 4区社会学

Legal Studies Pub Date : 2024-01-09 DOI: 10.1017/lst.2023.41

Amanda Spalding

引用次数: 0

Vicarious liability in the UK Supreme Court and High Court of Australia 英国最高法院和澳大利亚高等法院中的间接责任

IF 0.7 4区社会学

Legal Studies Pub Date : 2024-01-09 DOI: 10.1017/lst.2023.38

P. Giliker

引用次数: 0

‘State threats’, security, and democracy: the National Security Act 2023 国家威胁"、安全与民主：2023 年国家安全法