King's law journal : KLJ最新文献_第4页

Statutory Unjust Dismissal in Canada: What is the Value of a Lost Job? 加拿大的法定不公正解雇:失去工作的价值是什么?

King's law journal : KLJ Pub Date : 2022-05-04 DOI: 10.1080/09615768.2022.2091823

David J. Doorey, Andrew P. Hills

引用次数: 0

The Regulation of Dismissal in Italy 意大利的解雇条例

King's law journal : KLJ Pub Date : 2022-05-04 DOI: 10.1080/09615768.2022.2109242

Riccardo Del Punta

{"title":"The Regulation of Dismissal in Italy","authors":"Riccardo Del Punta","doi":"10.1080/09615768.2022.2109242","DOIUrl":"https://doi.org/10.1080/09615768.2022.2109242","url":null,"abstract":"The regulation of dismissal has always played a central role in Italian labour law, whose main developments have been marked by reforms concerning this subject. Hence, the introduction of major legislation protecting against unjustified dismissal, symbolised by Article 18 of the 1970 Workers’ Rights Statute, heralded the ‘golden age’ of labour law. Conversely, the growing flexibilisation, which has affected Italian (and European) labour law especially since the 2000s, has led to a liberalisation, albeit partial, of the legal regulations concerning dismissal. In both cases, the ensuing debates have been highly charged politically and been much publicised in the media. This has always made a non-ideological approach to the subject difficult. The result, as will be seen, is a decidedly complicated system, made up of successive layers, and which needs to be streamlined. However, the political consensus for a new reform has not yet been reached, partly because of the difficult external context (the 2007–2008 financial crisis and its repercussions; the pandemic), and the issue is not currently on the government’s agenda. It must also be said that the successive reforms (in 2012 and 2015) did not so much concern the concept of ‘unfair dismissal’ as such, but rather the remedies regime of unfair dismissal, ie the consequences arising from a judicial finding of the unlawfulness of a dismissal. This does not mean, however, that the concept of justification of dismissal is free from controversy, at least as far as economic dismissal is concerned. In contrast, there is greater consensus on the subject of disciplinary dismissal. Having said that, the article will be organised as follows. Section 2 will provide an overview of how dismissal legislation has evolved in Italy and the reforms that have taken place. Sections 3–6 will deal with the different types of dismissal provided for under Italian law, which are respectively disciplinary dismissal, economic dismissal,","PeriodicalId":88025,"journal":{"name":"King's law journal : KLJ","volume":"39 1","pages":"188 - 207"},"PeriodicalIF":0.0,"publicationDate":"2022-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82860646","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Protection Against Unfair Dismissal in Germany 德国对不公平解雇的保护

King's law journal : KLJ Pub Date : 2022-05-04 DOI: 10.1080/09615768.2022.2114779

Reingard Zimmer

引用次数: 0

The Regulation of Dismissal in China: Diverging Standards of Serious Breach Dismissal and the Need for Reform 中国的解雇制度:严重违约解雇标准的分歧与改革的必要性

King's law journal : KLJ Pub Date : 2022-05-04 DOI: 10.1080/09615768.2023.2135978

Peter C. H. Chan

引用次数: 0

Book Symposium on Hanoch Dagan ‘A Liberal Theory of Property’ (CUP 2021) Hanoch Dagan“财产的自由理论”图书研讨会(CUP 2021)

King's law journal : KLJ Pub Date : 2022-01-02 DOI: 10.1080/09615768.2022.2040162

Yael R. Lifshitz, Irit Samet

{"title":"Book Symposium on Hanoch Dagan ‘A Liberal Theory of Property’ (CUP 2021)","authors":"Yael R. Lifshitz, Irit Samet","doi":"10.1080/09615768.2022.2040162","DOIUrl":"https://doi.org/10.1080/09615768.2022.2040162","url":null,"abstract":"We are delighted to gather here, in this special edition of KLJ, ﬁ ve papers which re ﬂ ect on one of the most important books in the recent crop on theory of private law. The reviews and the authors ’ response highlight different aspects of this original and thought-provoking text. Dagan starts off from the crucial insight that property enhances autonomy for many people, but not for all. Because it both empowers and disables, property requires constant vigilance. His main thesis is therefore that a genuinely liberal property law meets this legitimacy challenge by expanding people ’ s oppor-tunities for individual and collective self-determination, while at the same time carefully restricting their options of domination over others. Liberal property empowers self-determining individuals to pursue their conception of the good. While property is not the most fundamental precondition of personal self-determination, it nonetheless has a distinctive role in empowering people. It provides them with some temporally extended control over tangible and intangible resources, which they need in order to carry out their projects and advance their plans. It is this autonomy-enhancing telos that legitimizes property and shapes, or at least should shape, its legal contours in a liberal polity. does not deny that property systems assign private authority over resources in numerous different ways or that not every system of private property can plausibly be interpreted as guided by the liberal commitment to individual self-determination. But he insists that the heavy legitimacy burden that haunts property implies that for owners ’ private authority to be justi ﬁ ed, property must both rely upon and be guided by its","PeriodicalId":88025,"journal":{"name":"King's law journal : KLJ","volume":"63 1","pages":"1 - 2"},"PeriodicalIF":0.0,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87500382","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Crucial Options: Dagan on Self-determination and Structural Pluralism 关键选项:关于自决和结构多元主义的达甘

King's law journal : KLJ Pub Date : 2022-01-02 DOI: 10.1080/09615768.2022.2040163

Katy Wells

引用次数: 2

Liberal Property: Clarifications and Refinements 自由属性:澄清和改进

King's law journal : KLJ Pub Date : 2022-01-02 DOI: 10.1080/09615768.2022.2034589

Hanoch Dagan

{"title":"Liberal Property: Clarifications and Refinements","authors":"Hanoch Dagan","doi":"10.1080/09615768.2022.2034589","DOIUrl":"https://doi.org/10.1080/09615768.2022.2034589","url":null,"abstract":"Property is one of society’s major power-conferring institutions. It confers upon people some measure of private authority over things (both tangible and intangible). Property’s temporally-extended private authority dramatically affects people’s ability to plan and carry out meaningful projects, either on their own or with the cooperation of others. Property’s empowerment, in other words, enhances people’s self-determination. But as such property also disables (other) people and renders them vulnerable to owners’ authority. Therefore, to be (and remain) legitimate, property requires constant vigilance. In A Liberal Theory of Property I argue that a genuinely liberal property law meets this legitimacy challenge by ensuring that property’s animating principles and the most fundamental contours of its architecture follow property’s autonomy-enhancing telos. This means that liberal property must expand people’s opportunities for individual and collective self-determination while carefully restricting their options of interpersonal domination. Appreciating both property’s autonomy-enhancing service and the vulnerabilities it generates is thus key to the three pillars of liberal property – the features that distinguish it from property simpliciter: carefully delineated private authority, structural pluralism, and relational justice. It also implies that property’s legitimacy is dependent upon a background regime that guarantees to everyone the material, social, and intellectual preconditions of self-authorship. I am grateful to Ben McFarlane, Aruna Nair, Nicholas Sage, and KatyWells for their generous and rigorous engagement with the book. Their intriguing comments and the penetrating insights they each develop provide an excellent opportunity for me to clarify and refine some of the basic tenets of this account. This response is organised","PeriodicalId":88025,"journal":{"name":"King's law journal : KLJ","volume":"17 1","pages":"3 - 22"},"PeriodicalIF":0.0,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80470244","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Manifest Unreasonableness in the UK Supreme Court: A Doctrine Working Itself Pure 英国最高法院的明显不合理性:一种自我纯洁的原则

King's law journal : KLJ Pub Date : 2022-01-02 DOI: 10.1080/09615768.2022.2042898

Timothy Sayer

引用次数: 1

Property and Autonomy in the Marketplace: Freedom to Sell as Freedom of Exit 市场中的财产与自治:出售自由即退出自由

King's law journal : KLJ Pub Date : 2022-01-02 DOI: 10.1080/09615768.2022.2034591

Aruna Nair

{"title":"Property and Autonomy in the Marketplace: Freedom to Sell as Freedom of Exit","authors":"Aruna Nair","doi":"10.1080/09615768.2022.2034591","DOIUrl":"https://doi.org/10.1080/09615768.2022.2034591","url":null,"abstract":"In chapter 7 of A Liberal Theory of Property, Professor Dagan offers an account of justice in the design of markets that draws on his broader account of the core legal institutions that underpin the notion of a market: property and contract. Since both institutions are facilitative of the demands of autonomy as self-determination or ‘self-authorship’, we can evaluate the justice or injustice of any market norm on the basis of whether it facilitates autonomy in this sense. In this comment on the chapter, I focus on one dimension of Dagan’s account of autonomy as self-authorship—the view that it entails both the freedom to commit to a particular story of one’s life and the freedom to ‘discard one story and begin another’—and explore its connection to the core market freedom to sell, or refuse to sell, what one owns. I begin by considering why the freedom to exit past commitments is important to property law on Dagan’s account, outlining his critique of the alternative picture of exclusion as the chief concern of property and commitment as the chief concern of contract law. Next, I consider why, on Dagan’s account, sale—as distinct from gift or abandonment—must be a vital ‘exit option’ from a property governance regime in a liberal property system and how this understanding of sale inflects the precepts of relational justice that apply in the context of the marketplace. Finally, I draw on this account to show that Dagan’s theory provides an attractively nuanced framework for analysing particular doctrines of English law that constrain freedom of sale and for thinking, more broadly, about institutions like mortgages, trusts, and bankruptcy regimes.","PeriodicalId":88025,"journal":{"name":"King's law journal : KLJ","volume":"7 1","pages":"34 - 42"},"PeriodicalIF":0.0,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85530942","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Modern Challenges to the Prudence Expected of Pension Fund Trustees 养老基金受托人审慎预期的现代挑战

King's law journal : KLJ Pub Date : 2022-01-02 DOI: 10.1080/09615768.2022.2034593

M. Donald

引用次数: 1