Author Archives: Steve Hedley

Margaret Byrne Sedgewick, ‘Transborder Data Privacy as Trade’

Abstract Data flows continuously across national boundaries. The current model of regulation for data privacy, an essential component for safe data flow, relies impractically on jurisdiction-specific rules. This practice impedes the benefits of data, which are increasingly a necessary and integral part of day-to-day life. A look at the history of data privacy reveals that […]

Zamir and Medina, ‘Deontological Morality and Economic Analysis of Law’

Abstract Welfare economics – the normative branch of economics – is a consequentialist moral theory. Unlike deontological morality, at least in its basic form it attributes no intrinsic value to prohibitions on active or intentional harming of other people, lying, or promise breaking, and does not allow people to prioritize their own interests over the […]

Tina Cockburn, ‘Equity in estate litigation’

Abstract Equitable claims are now increasingly being raised in estate litigation, particularly in conjunction with family provision applications. In the landmark High Court case, Bridgewater v Leahy, an inter vivos transfer of substantial property by an elderly grazier to his nephew was set aside on the grounds that it was an unconscionable bargain, to the […]

Noah Vardi, ‘Unjust Enrichment in Recent So-Called “Human Rights Litigation”’

Abstract The use of law and of legal instruments as a means to try and offer reparation for historical wrongs and to pursue ‘historical justice’ is not an unknown phenomenon. This paper would like to focus on a specific case study, relating to the use of a typical institute of private law (unjust enrichment) in […]

Alejandro Miranda, ‘Consequentialism, the Action/Omission Distinction, and the Principle of Double Effect: Three Rival Criteria to Solve Vital Conflicts in Cases of Necessity’

Abstract In this paper, the principle of double effect is compared with two other methods to solve vital conflicts in cases of necessity, ie, situations in which the life of a person can only be saved by an action that causes the death of another. After determining some key concepts, the consequentialist method of moral […]

Nadezhda Purtova, ‘Do Property Rights in Personal Data Make Sense after the Big Data Turn?: Individual Control and Transparency’

Abstract This paper offers an update – from the European perspective – to the debate on property rights in personal data. It argues that recent developments in the data processing technology and practices, specifically, the AI-driven Big Data Analytics, have rendered personal data a difficult object of enforceable individual property rights. There are two main […]

Krawiec and Liu, ‘Does Contract Law Need Morality?’

Abstract In The Dignity of Commerce, Nathan Oman sets out an ambitious market theory of contract, which he argues is a superior normative foundation for contract law than either the moralist or economic justifications that currently dominate contract theory. In doing so, he sets out a robust defense of commerce and the marketplace as contributing […]

‘HLS Private Law Workshop; Lisa Bernstein, Revisiting the Maghribi Traders (Again)’

“Avner Greif’s study of Maghribi Jewish traders in the eleventh century is a seminal work in the literature on private ordering. In a couple of highly influential articles, Greif documented how this group of merchants created elaborate trading networks across the Islamic Mediterranean. Greif argued that the Maghribi formed a close-knit ‘coalition’ that could eschew […]

Christian Twigg-Flesner, ‘The General Principles of the Chinese Contract Law from the Perspective of an (English) Common Lawyer’

Abstract This contribution will contrast the statement of general principles found in Arts 1-7 of the Chinese Contract Law (‘CCL’) with the approach to general principles of contract law in the (English) common law. The particular purpose of this paper will be on how these two contract law regimes regard contractual freedom and the extent […]

Mark Giancaspro, ‘Is a “smart contract” really a smart idea? Insights from a legal perspective’

Abstract Swift developments in the emerging field of blockchain technology have facilitated the birth of ‘smart contracts’: computerised transaction protocols which autonomously execute the terms of a contract. Smart contracts are disintermediated and generally transparent in nature, offering the promise of increased commercial efficiency, lower transaction and legal costs, and anonymous transacting. The business world […]