Author Archives: Steve Hedley

‘Legal Theory Bookworm: A Theory of Legal Personhood by Kurki’

“The Legal Theory Bookworm recommends A Theory of Legal Personhood by Visa AJ Kurki. Here is a description: ‘Who, or what, is a “person” according to the law? How did this understanding of personhood come about? In the twenty-first century, environmentalism, animal rights, artificial intelligence, and corporate personhood have compelled us to consider these questions […]

‘Holmesian “bad man theory” and law & economics’

“Although it’s not directly on point, Rob’s question called to mind my essay Law and Economics: An Apologia, in Christian Perspectives on Legal Thought, in which I posited that: ‘[Some might argue that] theological insights on human nature lead to different behavioral predictions than those premised on Economic Man. But is that necessarily true? Consider […]

Andrew Burrows, ‘In Defence of Unjust Enrichment’

ABSTRACT This article seeks to defend the law of unjust enrichment against the recent influential attacks of Robert Stevens (‘The Unjust Enrichment Disaster’ (2018) 134 Law Quarterly Review 574) and Lionel Smith (‘Restitution: A New Start?’ in Devonshire and Havelock, The Impact of Equity and Restitution in Commerce (2018), ch 5). A central argument here […]

Katy Barnett, ‘Citation as a measure of “impact”: Female legal academics at a disadvantage?’

ABSTRACT This article discusses whether the demand that law academics show citations by a superior court is disadvantageous to women, using the citations of academic work by the High Court of Australia from 2015, 2016 and 2017. The preliminary data show that male academics were cited much more often than female academics (even for works […]

Stephen Alexander, ‘Will trust proceedings of the future be private?’

ABSTRACT This article considers the development, and future course, of the law of privacy in administrative trust proceedings. The author argues that the principles of open justice should remain as the starting point of judicial thinking; that this should mean that the courts’ approach is driven by what is necessary to enable the public to […]

Merrill and Smith, ‘The Architecture of Property’

ABSTRACT Avoiding the reduction of property to a bundle or rights or to the working out of a single master principle, the architectural theory of property sees property as an integrated system or structure anchored in certain unifying principles. Because our world is neither chaotic nor additively simple, property law and institutions must achieve their […]

‘Russell on Streetcar Torts’

“Thomas D Russell, University of Denver Sturm College of Law, has posted Blood on the Tracks: Turn-of-the-Century Streetcar Injuries, Claims, and Litigation in Alameda County, California: ‘Streetcars were great American tortfeasors of the turn-of-the-century, injuring approximately one 331 urban Americans in 1907. In this empirical study, I consider the entire run of streetcar injuries, claims, […]

Albertina Antognini, ‘Nonmarital Coverture’

ABSTRACT How and why do courts distribute property between unmarried couples when they separate? This Article offers an answer: they follow the rules laid out by coverture. Coverture is a regime, long considered defunct, that defined the appropriate roles husbands and wives occupied in marriage. Among other consequences, it prevented the wife from accessing property […]

Davis and Marotta-Wurgler, ‘Contracting for Personal Data’

ABSTRACT Is contracting for the collection, use, and transfer of data like contracting for the sale of a horse or a car or licensing a piece of software? Many are concerned that conventional principles of contract law are inadequate when some consumers may not know or misperceive the full consequences of their transactions. Such concerns […]

Raheel Ahmed, ‘The Influence of “Reasonableness” on the Element of Conduct in Delictual or Tort Liability – Comparative Conclusions’

ABSTRACT In this contribution the influence of reasonableness on the element of conduct in the South African law of delict will be analysed and compared with the requirement of some form of conduct in English tort law, American tort law and the French law of delict. Fundamental similarities and differences among the different legal systems […]