Legal Studies最新文献_第6页

Law, politics, and pragmatism in the European Union and the United Kingdom 欧盟和英国的法律、政治和实用主义

IF 0.7 4区社会学

Legal Studies Pub Date : 2023-03-20 DOI: 10.1017/lst.2023.3

R. Mullender

{"title":"Law, politics, and pragmatism in the European Union and the United Kingdom","authors":"R. Mullender","doi":"10.1017/lst.2023.3","DOIUrl":"https://doi.org/10.1017/lst.2023.3","url":null,"abstract":"Introduction Lawyers and politicians regularly make responses (more or less effectively) to controversies and crises that, in their distinctiveness, take them by surprise. Where their efforts yield successful outcomes, the view may gain currency that a society has it in its power to move towards a stable set of practical arrangements in which people enjoy enduring security. Here we can talk of a vision that tends in the direction of an end-state. Social flux may, however, encourage a more modest view. The need to use legal and political power in ways attuned to changing circumstances may support the conclusion that societies do well if they succeed in staying afloat on a sea of contingency. Both Luuk van Middelaar in Alarums and Excursions: Improvising Politics on the European Stage and Vernon Bogdanor in Britain and Europe in a Troubled World (The Henry L Stimson Lectures) throw light on each of these views. Van Middelaar lends support to the view that the aspiration to move towards an end-state (that can quickly take on the appearance of an ideal) is problematic. He also has much to say on how the European Union (a social formation not amenable to analysis as a conventional state) can meet the challenges posed by social flux. This aspect of his exposition has to do with a pragmatic practical outlook. Those who possess this outlook respond to legal, political, economic, and other problems by addressing the question ‘What will work or prove useful in this set of circumstances?’","PeriodicalId":46121,"journal":{"name":"Legal Studies","volume":"43 1","pages":"370 - 379"},"PeriodicalIF":0.7,"publicationDate":"2023-03-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46218338","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

Comparative law outside the ivory tower: an interdisciplinary perspective 象牙塔外的比较法:跨学科的视角

IF 0.7 4区社会学

Legal Studies Pub Date : 2023-03-03 DOI: 10.1017/lst.2023.6

P. Wilson

{"title":"Comparative law outside the ivory tower: an interdisciplinary perspective","authors":"P. Wilson","doi":"10.1017/lst.2023.6","DOIUrl":"https://doi.org/10.1017/lst.2023.6","url":null,"abstract":"\u0000 Whereas legal comparisons tend to be concerned with legal systems, structures or rules, this paper focuses on a more fundamental element of law: a legal concept. From the semiotic point of view, a concept is an element of the tripartite construct of meaning, which – in the legal context – is derived from a particular legal system. Since effective communication in legal practice is predicated on the unity of meaning, issues are likely to arise when an act of communication spans disparate legal cultures. When the epistemic embedding of legal concepts fundamentally differs between the respective legal systems with which the participants to a communicative event are familiar, conceptual incommensurability will arise, impeding the communication process and, potentially, also having an impact on associated court proceedings.\u0000 Against this theoretical backdrop, the paper shifts its focus to globalised legal practice, which requires a broader legal skillset and comparative perspectives. As an illustration, the equivalence of selected substantive law concepts is explored across the common law/civil law divide, accurate comprehension of which is essential to intercultural provision of legal services. Drawing parallels between the functional method in comparative law and the functional approach recommended in legal translation, an overview is provided of techniques for remedying terminological incongruence and conveying intended meaning across legal cultures. The paper concludes by querying whether the law curriculum would be enhanced by inclusion of comparative and linguistic perspectives, with a view to equipping graduates with interdisciplinary tools for effective legal communication and global law practice.","PeriodicalId":46121,"journal":{"name":"Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-03-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48049953","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

Security interests and knowing receipt 担保权益和知情收据

IF 0.7 4区社会学

Legal Studies Pub Date : 2023-03-02 DOI: 10.1017/lst.2023.1

J. Glister

引用次数: 0

LST volume 43 issue 1 Cover and Front matter LST第43卷第1期封面和封面问题

IF 0.7 4区社会学

Legal Studies Pub Date : 2023-03-01 DOI: 10.1017/lst.2023.4

引用次数: 0

LST volume 43 issue 1 Cover and Back matter LST第43卷第1期封面和封底

IF 0.7 4区社会学

Legal Studies Pub Date : 2023-03-01 DOI: 10.1017/lst.2023.5

引用次数: 0

Re-examining judicial review of delegated legislation 重新检讨授权立法的司法覆核

IF 0.7 4区社会学

Legal Studies Pub Date : 2023-02-27 DOI: 10.1017/lst.2023.7

Kenny Chng

{"title":"Re-examining judicial review of delegated legislation","authors":"Kenny Chng","doi":"10.1017/lst.2023.7","DOIUrl":"https://doi.org/10.1017/lst.2023.7","url":null,"abstract":"\u0000 The usage of delegated legislation as a means of governance deserves significant attention, in view of the enormous impact that it is capable of having on the lives of citizens. While reforms to the process of parliamentary scrutiny are an important means of minimising the inappropriate usage of delegated legislation, this paper explores the possibility of drawing more fruitfully upon judicial review as an additional control mechanism. It undertakes a theoretical analysis of what makes delegated legislation distinct from primary legislation and other types of executive action for the purposes of judicial review, with a view towards identifying the proper normative orientation of judicial review of delegated legislation – upholding the moral requirements of delegation relationships and safeguarding democratic accountability and the rule of law. It then argues that existing grounds of review applied towards delegated legislation go some way towards but are inadequately directed at this normative orientation. Drawing inspiration from Irish and US jurisprudence, the paper critically evaluates several possible means of filling this doctrinal space, and concludes that the non-delegation doctrine and a rule of law-based ground of judicial review directed at exercises of delegated law-making power can supplement the law of judicial review of delegated legislation.","PeriodicalId":46121,"journal":{"name":"Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47012828","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: 1

Causation or correlation: the chimera in section 11 of the Insurance Act 2015 因果关系或相关性:2015年《保险法》第11条中的嵌合体

IF 0.7 4区社会学

Legal Studies Pub Date : 2023-02-20 DOI: 10.1017/lst.2022.38

Meixian Song

{"title":"Causation or correlation: the chimera in section 11 of the Insurance Act 2015","authors":"Meixian Song","doi":"10.1017/lst.2022.38","DOIUrl":"https://doi.org/10.1017/lst.2022.38","url":null,"abstract":"Abstract Prior to the Insurance Act 2015, an insurer could refuse payment by relying on terms unrelated to the manner in which the loss occurred, or with the assured's default. Section 11 of the Insurance Act 2015 reverses that and requires ‘the punishment to fit the crime’ by introducing a ‘could have increased the risk’ test, which is said to be a requirement for correlation between an assured's non-compliance with a risk clause and the actual occurrence of the loss. The new test effectively raises more profound causation issues from a practical point of view as regards insurance recoveries and also from a theoretical point of view of causation in the law. It is submitted that the test ‘could have increased the risk’ introduced by section 11 of the Insurance Act 2015 should be interpreted by an approach to recognising a nexus – a general causal relevance (general causation) – and adopting interpretation as a restricting tool, to achieve alignment with the legislative intent. In presenting this argument, this paper explores the difference between correlation and causation in the law, expounding a wider understanding of legal causation than causa proxima in the insurance context.","PeriodicalId":46121,"journal":{"name":"Legal Studies","volume":"43 1","pages":"278 - 294"},"PeriodicalIF":0.7,"publicationDate":"2023-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45236751","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

Local, democratic community justice in the Mental Health Act 1983 《1983年精神卫生法》中的地方民主社区正义

IF 0.7 4区社会学

Legal Studies Pub Date : 2023-02-15 DOI: 10.1017/lst.2023.2

T. Webb

引用次数: 0

Conversations with friends: ‘friends of the Court’ interventions of the state parties to the European Convention on Human Rights 与朋友的对话:《欧洲人权公约》缔约国的“法院之友”发言

IF 0.7 4区社会学

Legal Studies Pub Date : 2023-02-15 DOI: 10.1017/lst.2022.54

K. Dzehtsiarou

引用次数: 0

Legal dispositionism and artificially-intelligent attributions 法律配置论与人工智能归因

4区社会学

Legal Studies Pub Date : 2023-02-15 DOI: 10.1017/lst.2022.52

Jerrold Soh

引用次数: 0