Oxford Journal of Legal Studies最新文献_第5页

Roles and the Moral Practice of Precedent 先例的作用与道德实践

2区社会学

Oxford Journal of Legal Studies Pub Date : 2023-09-27 DOI: 10.1093/ojls/gqad020

Nathan Van Wees

引用次数: 0

Rousseau’s Republican Judges 卢梭的共和党法官

IF 1.2 2区社会学

Oxford Journal of Legal Studies Pub Date : 2023-08-20 DOI: 10.1093/ojls/gqad017

S. Winter

引用次数: 0

The Necessity of Institutional Pluralism 制度多元化的必要性

IF 1.2 2区社会学

Oxford Journal of Legal Studies Pub Date : 2023-08-19 DOI: 10.1093/ojls/gqad018

Avihay Dorfman, Alon Harel

引用次数: 0

Law and Stock Market Development in the UK over Time: An Uneasy Match 英国长期以来的法律和股票市场发展:一种不稳定的匹配

2区社会学

Oxford Journal of Legal Studies Pub Date : 2023-08-11 DOI: 10.1093/ojls/gqad019

Brian R Cheffins, Bobby V Reddy

引用次数: 0

Against the Spirit of the Age: The Rationale of Relational Contracts 违背时代精神:关系契约的基本原理

IF 1.2 2区社会学

Oxford Journal of Legal Studies Pub Date : 2023-07-15 DOI: 10.1093/ojls/gqad016

P. Goodrich

{"title":"Against the Spirit of the Age: The Rationale of Relational Contracts","authors":"P. Goodrich","doi":"10.1093/ojls/gqad016","DOIUrl":"https://doi.org/10.1093/ojls/gqad016","url":null,"abstract":"\u0000 In his long-awaited treatise on the relational theory of contracting, David Campbell provides a rigorous, systematic and consistently lucid account of mutual recognition as the basis of all volitional obligations. Fiercely negotiated economic transactions find their social expression in legally enforceable agreements that are to be followed scrupulously to the letter both by the parties and by the courts. This is because, in his view, mutual recognition, the co-operative economic enterprise, is memorialised in the legal instrument. Using the example of the emergent doctrine of good faith, this article argues that while such literalism proffers an admirably bright line for enforcement of agreements, it reduces the import and value of the relational theory of contract as an ethical and political accounting of market transactions. Literalism here is problematic not simply because of the inherent historicity and social diversity of language, but because in concepts such as good faith or reasonable interpretation, the purpose of the inscribed transaction has to be evaluated not only in terms of the plurality of the contract’s clauses, but also with a view to the overall shared intent of the exchange. For the relational theory of contract to have the impact that it merits, it needs to strengthen its account of how mutual recognition and the ethical and political dimensions of relationship best gain expression in the good-faith interpretation of the proximities manifest in agreement.","PeriodicalId":47225,"journal":{"name":"Oxford Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45150069","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 Enigma of Interpersonal Justice in Private Law Theory 私法理论中的人际正义之谜

IF 1.2 2区社会学

Oxford Journal of Legal Studies Pub Date : 2023-07-08 DOI: 10.1093/ojls/gqad015

Z. Tan

引用次数: 0

Expressive Procedure 表达程序

IF 1.2 2区社会学

Oxford Journal of Legal Studies Pub Date : 2023-07-03 DOI: 10.1093/ojls/gqad013

Rabeea Assy

引用次数: 0

Catalytic Climate Litigation: Rights and Statutes 催化气候诉讼:权利和法规

IF 1.2 2区社会学

Oxford Journal of Legal Studies Pub Date : 2023-06-22 DOI: 10.1093/ojls/gqad011

Sam Bookman

引用次数: 1

Unbundling Property in Welfare 分拆福利财产

IF 1.2 2区社会学

Oxford Journal of Legal Studies Pub Date : 2023-06-10 DOI: 10.1093/ojls/gqad012

Yael Cohen-Rimer, Shai Stern

{"title":"Unbundling Property in Welfare","authors":"Yael Cohen-Rimer, Shai Stern","doi":"10.1093/ojls/gqad012","DOIUrl":"https://doi.org/10.1093/ojls/gqad012","url":null,"abstract":"\u0000 In most Western jurisdictions, welfare law utilises means testing to determine whether individuals are eligible for welfare allowances, often using property ownership as one of the eligibility criteria. Crucially, the prevailing conception of property ownership is premised on the notion that property rights are applied equally to all owners in matters relating to the control and management of that property. When this assumption proves not to reflect reality, it can have devastating consequences for those most in need of the support ostensibly provided by welfare law. The present qualitative empirical study examines two cases in which such adverse consequences are felt: in the two largest minority communities in Israel—the Palestinians and the Ultraorthodox Jews (Charedi). The findings show that property ownership in these communities is realised hierarchically, along patriarchal lines, and that family members occupy and manage property in accordance with community customs and traditional norms, often far removed from state laws. Beyond theoretical debates or ethnographic observations, the discrepancies between the state’s ideas of ownership and those recognised by members of the Palestinian and Charedi communities in Israel often result in the denial of financial aid to those who need it most. This article will identify such differences in conception and will describe how they provide an additional explanation for the high levels of poverty in minority communities. Finally, it will examine two private law doctrines that can be used as inspiration to better interpret welfare law and make it more nuanced and culturally sensitive, especially when it encounters people in poverty and marginalised groups.","PeriodicalId":47225,"journal":{"name":"Oxford Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-06-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45904525","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 Logic and Value of the Presumption of Doli Incapax (Failing That, an Incapacity Defence). Doli Incapax推定的逻辑和价值（如果失败，则为无行为能力辩护）。

IF 1.2 2区社会学

Oxford Journal of Legal Studies Pub Date : 2023-06-10 eCollection Date: 2023-01-01 DOI: 10.1093/ojls/gqad010

David Hamer, Thomas Crofts

{"title":"The Logic and Value of the Presumption of Doli Incapax (Failing That, an Incapacity Defence).","authors":"David Hamer, Thomas Crofts","doi":"10.1093/ojls/gqad010","DOIUrl":"https://doi.org/10.1093/ojls/gqad010","url":null,"abstract":"Children who do not understand the serious wrongness of their actions lack criminal capacity and cannot be convicted. At common law, children under seven are deemed to lack criminal capacity, children over 14 possess full capacity and children between seven and 14 are rebuttably presumed to lack capacity; the prosecution must prove capacity beyond reasonable doubt. Australia has increased the minimum age of criminal responsibility (MACR) to 10 and is considering a further increase. England & Wales and Northern Ireland have raised the MACR to 10 but have abolished the rebuttable presumption: at age 10, all children are assigned full criminal capacity. This article agrees with international calls for the MACR to be raised but argues that it is more important that the rebuttable presumption should be retained and extended. Children's brains and decision-making capacities continue to develop throughout their teenage years at different rates. The rebuttable presumption provides individualised justice for children facing developmental difficulties. To wrongfully convict a child who lacks capacity will unjustly damage their life chances. Where a child does have capacity, a variety of evidence may be available to the prosecution to prove it. If the prosecution fails to discharge the burden, the child should be acquitted. The acquittal may be mistaken, but this error is far less harmful than a wrongful conviction.","PeriodicalId":47225,"journal":{"name":"Oxford Journal of Legal Studies","volume":"43 3","pages":"546-573"},"PeriodicalIF":1.2,"publicationDate":"2023-06-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10550278/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41162913","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0