Category Archives: General

Mark Davies, ‘Educational background and access to legal academia’

Abstract The focus of this paper is upon the educational background of academic lawyers in England and Wales and the extent to which qualifications from certain institutions may be seen as acting as a proxy for social class. In recent years higher educational background and socio-economic background have been significant topics of research relating to […]

Steve Hedley, ‘The rise and fall of private law theory’

Introduction “In the common law world, the theory of private law has received a great deal of academic attention over the last four decades. The range of writings is diverse enough, but three general approaches dominate the field: that private law is a matter of corrective justice; that it is to be understood through the […]

Gluck and Posner, ‘Statutory Interpretation on the Bench: A Survey of Forty-Two Judges on the Federal Courts of Appeals’

Abstract This Article reports the results of a survey of a diverse group of forty-two federal appellate judges concerning their approaches to statutory interpretation. The study reveals important differences between their approaches and the approach that the Supreme Court purports to take. It also helps to substantiate the irrelevance of the enduring, but now boring, […]

Porat and Sugarman, ‘Limited Inalienability Rules’

Abstract Most people’s entitlements are protected by a property rule, which means that their holders can sell them for a price. But some important entitlements are protected by an inalienability rule, and hence cannot be sold under any circumstances. For example, people cannot sell their organs. In most jurisdictions, women cannot be surrogate mothers for […]

MA Loth, ‘The Civil Judge As Risk Regulator’

Abstract Taking the Urgenda-case on climate change liability as an example, this article researches the more general question into the legitimacy of risk regulation by civil courts. Which principles determine the legitimacy of a civil court’s participation, especially in the domain of societal risk regulation? The central claim is that these principles concern (amongst many […]

Hurd and Moore, ‘The Hohfeldian Analysis of Rights’

Abstract This article is about Wesley Newcomb Hohfeld’s famous analysis of one of the most basic concepts used in law and in ethics: the concept of a right. Hohfeld urged that usages of the term ‘right’ are ambiguous between two senses of the word: persons have rights to do things and rights to have things […]

Dagan and Dorfman, ‘Justice in Private: Beyond the Rawlsian Framework’

Abstract This article argues that contemporary accounts of justice miss a relational dimension of justice, which focuses on the terms private individuals’ interactions must meet for them to constitute relationships among equal, self-determining persons. The article develops the argument that the justice requirement to respect others as substantively free and equal individuals can sometimes be […]

Kenneth Himma, ‘Is the Concept of Obligation Moralized?’

Abstract Conceptual jurisprudence is concerned to explicate the concept of law and other concepts central to core legal practices, as we understand them. The centrality of obligation-talk to legal practice is obvious, as the very point of litigation is to resolve disputes regarding the obligations of the various parties. In this essay, I argue that […]

Giuseppe Franco Ferrari, ‘Duties’

Abstract By duty scholars, judges and legislators usually mean the position of a natural or legal person obliged towards one or more others having a right whose content is the same claim. According to the classical definitions of WH Hohfeld, if there is agreement about four different uses of the term ‘right’, the term ‘duty’ […]

‘Public Justification’

“Some political philosophers and theorists place a requirement of public justification on the permissible use of state coercion or political power. According to these theorists the recognition of citizens as free and equal moral persons requires that coercion be justified for or to others by their own lights, or with reasons that they could recognize […]