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Property: Duties, Diversity, and Limits 财产:责任、多样性和限制
King's law journal : KLJ Pub Date : 2022-01-02 DOI: 10.1080/09615768.2022.2034590
B. Mcfarlane
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引用次数: 0
Liberalism and the Common Callings 自由主义和共同的使命
King's law journal : KLJ Pub Date : 2022-01-02 DOI: 10.1080/09615768.2022.2034592
N. Sage
{"title":"Liberalism and the Common Callings","authors":"N. Sage","doi":"10.1080/09615768.2022.2034592","DOIUrl":"https://doi.org/10.1080/09615768.2022.2034592","url":null,"abstract":"Travelling through some country that observes the common law you might come across a stranger on the road who asks for help—for food, or shelter, or a ride to the next town, or assistance with their vehicle. You might be able to supply this assistance, and they willing to reimburse you for it. Nevertheless, you would be entitled to ignore their appeal and pass by on the other side. This striking rule has attracted the attention of legal theorists, especially proponents and opponents of the broadly liberal tradition. The rule arguably shows the commitment of the common law—or at least the part of the law governing private individuals—to a strong conception of individual freedom or autonomy in interpersonal relations. Indeed, for some theorists influenced by Kant’s legal philosophy, the rule shows that private individuals are essentially independent of each other. But what if, in some country subject to ‘the good old common law’, you ran a business that provided certain goods, services, or facilities to the public—an inn offering meals and rooms for the night, or a railway with a regular passenger service, or even a forge for fixing broken horseshoes? Here the law would not allow you to ignore a stranger who arrived at your premises seeking your help and willing to reimburse you. You would be liable for damages if you turned them away without good reason. This striking rule has attracted less theoretical attention, but is one key piece of evidence Hanoch Dagan discusses in chapter five of his Liberal Theory of Property. Dagan seeks to articulate a liberal theory of private law in general, and of property law in particular, which is more persuasive than the Kantian theory. According to Dagan, private individuals are autonomous or self-determining. But they are not merely independent of each other; rather they stand in a more generous sort of relation. Each person is obliged to accommodate each other’s self-determination—which may mean taking active steps to help. Dagan argues that this principle explains, among other things,","PeriodicalId":88025,"journal":{"name":"King's law journal : KLJ","volume":"77 1","pages":"43 - 52"},"PeriodicalIF":0.0,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78887052","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
Australia's Data-Sharing Regime: Six Lessons for Europe 澳大利亚的数据共享制度:给欧洲的六个教训
King's law journal : KLJ Pub Date : 2021-10-20 DOI: 10.1080/09615768.2022.2034582
Ross P. Buckley, Natalia Jevglevskaja, Scott Farrell
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引用次数: 4
Discretionary Space and Declarations of Incompatibility 自由裁量空间和不兼容声明
King's law journal : KLJ Pub Date : 2021-09-02 DOI: 10.1080/09615768.2021.1975590
Conall Mallory, H. Tyrrell
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引用次数: 0
Glen Loutzenhiser and Rita de la Feria (eds.), The Dynamics of Taxation: Essays in Honour of Judith Freedman (Hart 2020) 格伦·卢岑海瑟和丽塔·德拉费里亚(编)，税收的动力:朱迪思·弗里德曼的荣誉论文(Hart 2020)
King's law journal : KLJ Pub Date : 2021-09-02 DOI: 10.1080/09615768.2021.1994735
Ann Mumford
{"title":"Glen Loutzenhiser and Rita de la Feria (eds.), The Dynamics of Taxation: Essays in Honour of Judith Freedman (Hart 2020)","authors":"Ann Mumford","doi":"10.1080/09615768.2021.1994735","DOIUrl":"https://doi.org/10.1080/09615768.2021.1994735","url":null,"abstract":"The Dynamics of Taxation: Essays in Honour of Judith Freedman, edited by Glen Loutzenhiser and Rita de la Feria, offers a wide array of chapters, by important scholars, on issues of key importance in taxation legal scholarship. It also presents an opportunity to pause and reflect upon the significant contributions of Professor Judith Freedman, the Inaugural Chair of Taxation Law at Oxford University. This opportunity is noted and fulfilled in engaging foreword sections written by John Avery Jones and Philip Baker, recounting this significant period in British legal academe. The warmth of the introduction, written by Glen Loutzenhiser and Rita de la Feria, establishes a tone which carries throughout the collection, which manages to be scholarly, informal, rigorous, a forum for new proposals, and a place to consider fond recollections. In many ways, one of the most pleasurable interactions for the reader with the collection occurs with the Table of","PeriodicalId":88025,"journal":{"name":"King's law journal : KLJ","volume":"4 1","pages":"497 - 501"},"PeriodicalIF":0.0,"publicationDate":"2021-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81587049","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
Mediation, Lawyers and Special Educational Needs: Ensuring a Balanced Approach to Dispute Resolution 调解、律师和特殊教育需要:确保解决争议的平衡方法
King's law journal : KLJ Pub Date : 2021-08-01 DOI: 10.1080/09615768.2021.1953815
N. Harris
{"title":"Mediation, Lawyers and Special Educational Needs: Ensuring a Balanced Approach to Dispute Resolution","authors":"N. Harris","doi":"10.1080/09615768.2021.1953815","DOIUrl":"https://doi.org/10.1080/09615768.2021.1953815","url":null,"abstract":"Mediation is intended to provide a less formal and more collaborative forum for dispute resolution than a court or tribunal and one in which the parties themselves can actively participate in reaching a settlement. There is an assumption that, guided by a skilled mediator, they can do so without lawyer assistance. Indeed, the presence of lawyers tends to be discouraged, deemed not conducive to the informality and the non-adversarial character of mediation. Yet in a mediation there is often an imbalance of power and inequality of arms and fundamental rights can be at issue. One such area is special educational needs (SEN), applicable to nearly 1.5 million children in England, a field where disputes between families and local authorities are common. This article examines the case for and against lawyer involvement in mediations of this kind and considers what might be the most appropriate model of such involvement.","PeriodicalId":88025,"journal":{"name":"King's law journal : KLJ","volume":"85 1","pages":"414 - 436"},"PeriodicalIF":0.0,"publicationDate":"2021-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73456950","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: 1
Timothy Kuhner, Tyranny of Greed: Trump, Corruption and the Revolution to Come (Stanford University Press, 2020) 蒂莫西·库纳，《贪婪的暴政:特朗普、腐败和即将到来的革命》(斯坦福大学出版社，2020年)
King's law journal : KLJ Pub Date : 2021-07-29 DOI: 10.1080/09615768.2021.1951498
M. Gordon
{"title":"Timothy Kuhner, Tyranny of Greed: Trump, Corruption and the Revolution to Come (Stanford University Press, 2020)","authors":"M. Gordon","doi":"10.1080/09615768.2021.1951498","DOIUrl":"https://doi.org/10.1080/09615768.2021.1951498","url":null,"abstract":"The age of Trump may now be over, but attempts to understand the legacy of this extraordinary presidency are no less urgent as a result. Timothy Kuhner’s book Tyranny of Greed: Trump, Corruption an...","PeriodicalId":88025,"journal":{"name":"King's law journal : KLJ","volume":"18 5 1","pages":"502 - 509"},"PeriodicalIF":0.0,"publicationDate":"2021-07-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75576460","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
Systemic Negligence and NHS Hospitals: An Underutilised Argument 系统疏忽和NHS医院:一个未充分利用的论点
King's law journal : KLJ Pub Date : 2021-07-12 DOI: 10.1080/09615768.2021.1951496
Robert G. Heywood
{"title":"Systemic Negligence and NHS Hospitals: An Underutilised Argument","authors":"Robert G. Heywood","doi":"10.1080/09615768.2021.1951496","DOIUrl":"https://doi.org/10.1080/09615768.2021.1951496","url":null,"abstract":"The ongoing Covid-19 pandemic has caused National Health Service (NHS) frontline operations to be stretched to near breaking point.1 Despite coming under immense pressure, the service held firm at ...","PeriodicalId":88025,"journal":{"name":"King's law journal : KLJ","volume":"8 1","pages":"437 - 465"},"PeriodicalIF":0.0,"publicationDate":"2021-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75000317","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: 3
The ILO, Social Contracts and the Human-Centred Approach to Work 国际劳工组织，社会契约和以人为本的工作方法
King's law journal : KLJ Pub Date : 2021-05-04 DOI: 10.1080/09615768.2021.1951497
L. Rodgers
{"title":"The ILO, Social Contracts and the Human-Centred Approach to Work","authors":"L. Rodgers","doi":"10.1080/09615768.2021.1951497","DOIUrl":"https://doi.org/10.1080/09615768.2021.1951497","url":null,"abstract":"Such a concentration of powers can be brought about only as a consequence of an agreement reached between individuals. But the self-preservation of each single man derives primarily from his own strength and from his freedom. How, then, can he limit these without, at the same time, doing himself an injury and neglecting that care which it is his duty to devote to his own resources? Jean-Jacques Rousseau, The Social Contract","PeriodicalId":88025,"journal":{"name":"King's law journal : KLJ","volume":"252 1","pages":"207 - 227"},"PeriodicalIF":0.0,"publicationDate":"2021-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73513842","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
The EU-UK Trade and Cooperation Agreement: Implications for ILO Standards and the European Social Charter in the United Kingdom 欧盟-英国贸易和合作协定:对劳工组织标准和联合王国《欧洲社会宪章》的影响
King's law journal : KLJ Pub Date : 2021-05-04 DOI: 10.1080/09615768.2021.1969757
K. Ewing
{"title":"The EU-UK Trade and Cooperation Agreement: Implications for ILO Standards and the European Social Charter in the United Kingdom","authors":"K. Ewing","doi":"10.1080/09615768.2021.1969757","DOIUrl":"https://doi.org/10.1080/09615768.2021.1969757","url":null,"abstract":"One of the most notable developments in relation to the ILO for more than 20 years has been the reference to ILO standards in an increasingly diverse range of sources. These include corporate codes, global framework agreements, judicial decisions, the OECD Guidelines on Multinational Enterprises, and the UN Guiding Principles on Business and Human Rights, as well as bilateral and pluri-lateral free trade agreements and elsewhere. There is no shortage now of commitments to the ILO despite the employer generated controversy about its standards, though it cannot be said that the commitment is reflected in compliance. As labour standards continue to erode globally, the ILO provides much needed decoration in a liberal economic climate. In this article it is proposed with some scepticism to examine yet another frontier for ILO standards as the organisation passes its centenary. This is the EU-UK Trade and Cooperation Agreement (TCA) concluded in 2020 to deal with the relationship between the EU and the UK after Brexit. It may seem strange that what many (myself included) regard as a regressive step should contain the soil in which labour standards can grow","PeriodicalId":88025,"journal":{"name":"King's law journal : KLJ","volume":"145 1","pages":"306 - 343"},"PeriodicalIF":0.0,"publicationDate":"2021-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80634779","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: 1
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