{"title":"IP事故。帕特里克·戈德著。剑桥大学出版社,2022。xvi + 133页,精装本85.00英镑。ISBN 978-1-10-884148-1。)","authors":"Poorna Mysoor","doi":"10.1017/S0008197322000551","DOIUrl":null,"url":null,"abstract":"connected? Both are cases of merely notional attribution with much in common. The authors note this is an open question (p. 245) but do not evaluate the normative merits of each position or the possible outcomes. Chapter 8 sets out the bars to tracing. Most are uncontroversial so the treatment is short, but the book is an end-to-end treatment. The most controversial question is whether change of position ought to be a bar. This is left for another work since the authors, through their justifications for tracing, reject the applicability of the principles of unjust enrichment. The new Law of Tracing certainly achieves its goal to set out just that. In doing so, it strikes a balance between having a grand explanatory theory from which all the rules and principles deductively flow and a more flexible theory formed inductively from the authorities. My criticism that it could have been pushed further towards the former is tempered by the advantages of the latter. Indeed, the law of tracing is not fully formed, so characterising it as precisely as possible, but not too precisely, is a fine objective. And in Chapter 5 this compromise was deployed to particularly good effect. This leads us to the final questions: Will the new Law of Tracing be the last word on the subject? Plainly no. Will it assist our understanding of the law and drive it forward? Plainly yes. Its clarity, attention to detail and insightful analysis makes it a valuable addition both to the academic debate and the practitioner’s toolbox.","PeriodicalId":46389,"journal":{"name":"Cambridge Law Journal","volume":"81 1","pages":"687 - 690"},"PeriodicalIF":1.5000,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"IP Accidents. By Patrick Goold. [Cambridge University Press, 2022. xvi + 133 pp. Hardback £85.00. ISBN 978-1-10-884148-1.]\",\"authors\":\"Poorna Mysoor\",\"doi\":\"10.1017/S0008197322000551\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"connected? Both are cases of merely notional attribution with much in common. The authors note this is an open question (p. 245) but do not evaluate the normative merits of each position or the possible outcomes. Chapter 8 sets out the bars to tracing. Most are uncontroversial so the treatment is short, but the book is an end-to-end treatment. The most controversial question is whether change of position ought to be a bar. This is left for another work since the authors, through their justifications for tracing, reject the applicability of the principles of unjust enrichment. The new Law of Tracing certainly achieves its goal to set out just that. In doing so, it strikes a balance between having a grand explanatory theory from which all the rules and principles deductively flow and a more flexible theory formed inductively from the authorities. My criticism that it could have been pushed further towards the former is tempered by the advantages of the latter. Indeed, the law of tracing is not fully formed, so characterising it as precisely as possible, but not too precisely, is a fine objective. And in Chapter 5 this compromise was deployed to particularly good effect. This leads us to the final questions: Will the new Law of Tracing be the last word on the subject? Plainly no. Will it assist our understanding of the law and drive it forward? Plainly yes. Its clarity, attention to detail and insightful analysis makes it a valuable addition both to the academic debate and the practitioner’s toolbox.\",\"PeriodicalId\":46389,\"journal\":{\"name\":\"Cambridge Law Journal\",\"volume\":\"81 1\",\"pages\":\"687 - 690\"},\"PeriodicalIF\":1.5000,\"publicationDate\":\"2022-11-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Cambridge Law Journal\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.1017/S0008197322000551\",\"RegionNum\":2,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Cambridge Law Journal","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1017/S0008197322000551","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
IP Accidents. By Patrick Goold. [Cambridge University Press, 2022. xvi + 133 pp. Hardback £85.00. ISBN 978-1-10-884148-1.]
connected? Both are cases of merely notional attribution with much in common. The authors note this is an open question (p. 245) but do not evaluate the normative merits of each position or the possible outcomes. Chapter 8 sets out the bars to tracing. Most are uncontroversial so the treatment is short, but the book is an end-to-end treatment. The most controversial question is whether change of position ought to be a bar. This is left for another work since the authors, through their justifications for tracing, reject the applicability of the principles of unjust enrichment. The new Law of Tracing certainly achieves its goal to set out just that. In doing so, it strikes a balance between having a grand explanatory theory from which all the rules and principles deductively flow and a more flexible theory formed inductively from the authorities. My criticism that it could have been pushed further towards the former is tempered by the advantages of the latter. Indeed, the law of tracing is not fully formed, so characterising it as precisely as possible, but not too precisely, is a fine objective. And in Chapter 5 this compromise was deployed to particularly good effect. This leads us to the final questions: Will the new Law of Tracing be the last word on the subject? Plainly no. Will it assist our understanding of the law and drive it forward? Plainly yes. Its clarity, attention to detail and insightful analysis makes it a valuable addition both to the academic debate and the practitioner’s toolbox.
期刊介绍:
The Cambridge Law Journal publishes articles on all aspects of law. Special emphasis is placed on contemporary developments, but the journal''s range includes jurisprudence and legal history. An important feature of the journal is the Case and Comment section, in which members of the Cambridge Law Faculty and other distinguished contributors analyse recent judicial decisions, new legislation and current law reform proposals. The articles and case notes are designed to have the widest appeal to those interested in the law - whether as practitioners, students, teachers, judges or administrators - and to provide an opportunity for them to keep abreast of new ideas and the progress of legal reform. Each issue also contains an extensive section of book reviews.