Legal Studies最新文献_第8页

Statutory interpretation after Brexit: implications from a case study of VAT 英国脱欧后的法律解释：来自增值税案例研究的启示

IF 0.7 4区社会学

Legal Studies Pub Date : 2022-12-01 DOI: 10.1017/lst.2022.41

Yige Zu

引用次数: 1

The ‘human element’ in the social space of the courtroom: framing and shaping the deliberative process in mental capacity law 法庭社会空间中的“人的因素”：心理容量法中的审议过程的框架和塑造

IF 0.7 4区社会学

Legal Studies Pub Date : 2022-12-01 DOI: 10.1017/lst.2022.19

Camillia Kong, Rebecca Stickler, P. Cooper, M. Watkins, Michael C. Dunn

{"title":"The ‘human element’ in the social space of the courtroom: framing and shaping the deliberative process in mental capacity law","authors":"Camillia Kong, Rebecca Stickler, P. Cooper, M. Watkins, Michael C. Dunn","doi":"10.1017/lst.2022.19","DOIUrl":"https://doi.org/10.1017/lst.2022.19","url":null,"abstract":"Abstract The context- and person-specific nature of the Mental Capacity Act 2005 (MCA) in England and Wales means inherent indeterminacy characterises decision-making in the Court of Protection (CoP), not least regarding conflicting values and the weight that should be accorded to competing factors. This paper explores how legal professionals frame and influence the MCA's deliberative and adjudicative processes in the social space of the courtroom through a thematic analysis of semi-structured interviews with legal practitioners specialising in mental capacity law and retired judges from the CoP and the Courts of Appeal with specific experience of adjudicating mental capacity disputes. The concept of the ‘human element’ offers important new insight into how legal professionals perform their roles and justify their activities in the conduct of legal proceedings. The ‘human element’ takes effect in two ways: first, it operates as an overarching normative prism that accounts for what good practice demands of legal professionals in mental capacity law; secondly, it explains how these professionals orientate these norms in the day-to-day conduct of their work. The ‘human element’ further presents challenges that demand practical negotiation in relation to countervailing normative commitments to objectivity and socio-institutional expectations around professional hierarchies, expertise, and evidential thresholds.","PeriodicalId":46121,"journal":{"name":"Legal Studies","volume":"42 1","pages":"715 - 734"},"PeriodicalIF":0.7,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42113760","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

Investigating the English public's awareness of the Bern Convention and their education on environmental issues and laws 调查英国公众对《伯尔尼公约》的认识，以及他们对环境问题和法律的教育

IF 0.7 4区社会学

Legal Studies Pub Date : 2022-11-24 DOI: 10.1017/lst.2022.37

Rachel Dunn, T. Wyatt, Luke Johnson, Callam Willis, Hannah Millar

引用次数: 0

LST volume 42 issue 4 Cover and Back matter LST第42卷第4期封面和封底

IF 0.7 4区社会学

Legal Studies Pub Date : 2022-11-18 DOI: 10.1017/lst.2022.40

引用次数: 0

LST volume 42 issue 4 Cover and Front matter LST第42卷第4期封面和封面问题

IF 0.7 4区社会学

Legal Studies Pub Date : 2022-11-18 DOI: 10.1017/lst.2022.39

引用次数: 0

Revisiting property transfer theory: English law and Chinese law compared 对财产转移理论的再认识：英国法律与中国法律的比较

IF 0.7 4区社会学

Legal Studies Pub Date : 2022-11-09 DOI: 10.1017/lst.2022.36

Zhicheng Wu, L. Chen

{"title":"Revisiting property transfer theory: English law and Chinese law compared","authors":"Zhicheng Wu, L. Chen","doi":"10.1017/lst.2022.36","DOIUrl":"https://doi.org/10.1017/lst.2022.36","url":null,"abstract":"Abstract The relationship between a conveyance's validity and its underlying contract has been a classic but unsettled topic for comparative private lawyers over the past three decades. This paper attempts to add positivist and normative observations drawn from property transfer theories and practices in English and Chinese law. A jurisdiction adopting an ‘intent plus’ model does not necessarily recognise a separate intent to convey distinct from the intent in the underlying contract, as exemplified by Chinese law, while a jurisdiction adopting the ‘intent alone’ model does not necessarily deny the separate intent to convey, as exemplified by English law. One advantage for a jurisdiction that takes the separatist approach is its flexibility, so that it can still choose between pure causality, pure abstraction, or context-based abstraction at a later stage. Recent developments show that English and Chinese law are moving towards this approach. As to whether flaws in the underlying contract infect the validity of the conveyance, the English position depends on vitiating factors, whereas the mainstream Chinese judgments tend to be pro-causal. Justifications favouring causality provided in the English and Chinese academia are different, though neither can stand up to scrutiny. The detecting opportunity argument submitted in this paper helps to justify abstraction.","PeriodicalId":46121,"journal":{"name":"Legal Studies","volume":"43 1","pages":"259 - 277"},"PeriodicalIF":0.7,"publicationDate":"2022-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45233198","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

‘Climate Change isn't Optional’: Climate Change in the Core Law Curriculum – CORRIGENDUM “气候变化不是可选的”:核心法律课程中的气候变化-勘误表

IF 0.7 4区社会学

Legal Studies Pub Date : 2022-11-03 DOI: 10.1017/lst.2022.35

K. Bouwer, E. John, Oliver Luke, Amanda Rozhan

引用次数: 3

The vicarious liability of sports governing bodies and competition organisers 体育管理机构和竞赛组织者的替代责任

IF 0.7 4区社会学

Legal Studies Pub Date : 2022-10-21 DOI: 10.1017/lst.2022.34

James Brown

{"title":"The vicarious liability of sports governing bodies and competition organisers","authors":"James Brown","doi":"10.1017/lst.2022.34","DOIUrl":"https://doi.org/10.1017/lst.2022.34","url":null,"abstract":"Abstract This is the first work to explore the possibility of holding sports governing bodies and competition organisers vicariously liable for the tortious behaviour of athletes that compete under their auspices. In contrast to other scholarly contributions on vicarious liability in sport, this paper examines the scope of responsibility for athletes in individual sports (as opposed to team sports). It begins by drawing upon the recent tribunal proceedings between professional cyclist Jess Varnish and British Cycling to analyse the employment status of government-funded individual athletes. In calling for a contextual and policy-sensitive approach to the definition of an ‘employee’, this paper argues that certain normative and theoretical considerations ought to be granted more or less weight depending on the particular legal issue animating the dispute. Thereafter, and with one eye on the overly intrusive regulatory provisions found in sports such as tennis and golf, this paper also demonstrates that the vicarious liability of governing bodies and competition organisers could equally be extended to cover the tortious conduct of non-funded individual athletes. In making these claims, it is demonstrated how a sport-specific application of the doctrine may help to teach us a few broader lessons about vicarious liability more generally.","PeriodicalId":46121,"journal":{"name":"Legal Studies","volume":"43 1","pages":"221 - 239"},"PeriodicalIF":0.7,"publicationDate":"2022-10-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43693864","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

Constitutional equality and executive action – a comparative perspective to the comparator problem 宪法平等和行政行动——比较问题的比较视角

IF 0.7 4区社会学

Legal Studies Pub Date : 2022-09-16 DOI: 10.1017/lst.2022.33

Kenny Chng

{"title":"Constitutional equality and executive action – a comparative perspective to the comparator problem","authors":"Kenny Chng","doi":"10.1017/lst.2022.33","DOIUrl":"https://doi.org/10.1017/lst.2022.33","url":null,"abstract":"Abstract A general right to equality is a common feature of written constitutions around the world. Interesting questions arise when one seeks to apply such rights to discrete executive acts. The subject of such acts has necessarily been singled out from a multitude of possibilities for the purposes of the act. To determine whether a differentiation has occurred such that like cases have not been treated alike, to what or whom should this subject be compared? The question of how one selects the proper comparator becomes especially significant when one notes that whether the equal protection guarantee is triggered at all depends on the answer to this question. This paper will study how courts in Hong Kong and Singapore have addressed these difficulties. It argues that three categories of approaches can be discerned in these jurisdictions: class-focused, policy-focused, and justification-focused approaches. It critically evaluates each approach, argues in favour of a justification-focused approach to constitutional equal protection in the context of discrete executive acts, and explores the implications of such an approach for the proper relationship between constitutional equality and administrative law.","PeriodicalId":46121,"journal":{"name":"Legal Studies","volume":"43 1","pages":"179 - 196"},"PeriodicalIF":0.7,"publicationDate":"2022-09-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48756875","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

Does the dual-class share structure help stock markets attract issuers? Empirical lessons from global financial centres 双层股权结构是否有助于股市吸引发行人?全球金融中心的经验教训

IF 0.7 4区社会学

Legal Studies Pub Date : 2022-09-05 DOI: 10.1017/lst.2022.30

Fa Chen

引用次数: 0