Category Archives: General

Gareth Davies, ‘The Relationship between Empirical Legal Studies and Doctrinal Legal Research’

ABSTRACT This article considers how empirical legal studies (ELS) and doctrinal legal research (DLR) interact. Rather than seeing them as competitors that are methodologically independent and static, it suggests that they are interdependent activities, which may each be changed by interaction with the other, and that this change brings both opportunities and threats. For ELS, […]

Samuel Beswick, ‘Retroactive Adjudication’

ABSTRACT This Article defends the retroactive nature of judicial law-making. Recent Supreme Court judgments have reignited debate on the retroactivity of novel precedent. When a court announces a new rule, should it apply only to future cases or also to disputes arising in the past? This Article shows that the doctrine of non-retroactive adjudication offers […]

Starmans and Friedman, ‘Expert or Esoteric? Philosophers Attribute Knowledge Differently Than All Other Academics’

ABSTRACT Academics across widely ranging disciplines all pursue knowledge, but they do so using vastly different methods. Do these academics therefore also have different ideas about when someone possesses knowledge? Recent experimental findings suggest that intuitions about when individuals have knowledge may vary across groups; in particular, the concept of knowledge espoused by the discipline […]

Mark McBride, ‘The Unavoidability of Evaluation for Interest Theories of Rights’

EXTRACT In debates over rights, as much as, or perhaps more than, in any philosophical debate, it is important to see the wood from the trees. A little while ago, new life was breathed into debates over rights, as a new candidate theory emerged to rival the extant options. More specifically, Gopal Sreenivasan’s hybrid theory […]

‘Legal Theory Lexicon: The Priority of the Particular’

“One kind of legal theory attempts to relate the mass of legal materials (cases, clauses, statutes, etc) to a systematic set of principles. Such theories may be normative: that is, some legal theories are frameworks for the prescriptive evaluation of legal rules. Or the theory might be doctrinal: some legal theories attempt to describe the […]

Saskia Stucki, ‘Towards a Theory of Legal Animal Rights: Simple and Fundamental Rights’

ABSTRACT With legal animal rights on the horizon, there is a need for a more systematic theorisation of animal rights as legal rights. This article addresses conceptual, doctrinal and normative issues relating to the nature and foundations of legal animal rights by examining three key questions: can, do and should animals have legal rights? It […]

Eliza Mik, ‘AI as a Legal Person?’

ABSTRACT Cyclical advancements in artificial intelligence (‘AI’) are usually accompanied by theories advocating the granting of legal personhood to sophisticated, autonomous computers. The paper criticizes such theories as incorrect – a possible result of legal scholars being seduced by incomprehensible technical terminology, sensationalistic stories in the popular press and ‘creative’ photo filters that transform our […]

Recently published: Civil Wrongs and Justice in Private Law (Miller and Oberdiek eds)

Introduction (Paul B Miller and John Oberdiek) Chapter 1: The Roles of Rights (David Owens) Chapter 2: Purely Formal Wrongs (Liam B Murphy) Chapter 3: The Relevance of Wrongs (Andrew S Gold) Chapter 4: The Remainder: Deserting Private Wrongs? (Ori Herstein) Chapter 5: Civil Wrongs and Civil Procedure (Matthew A Shapiro) Chapter 6: Losing the […]

Aleksander Grebieniow, ‘Book Review: Jan M Smits, An Advanced Introduction to Private Law

ABSTRACT This is a book review of Jan M Smits, An Advanced Introduction to Private Law (Edward Elgar, Cheltenham 2017). Grebieniow, Aleksander, Book Review: Jan M Smits, An Advanced Introduction to Private Law (May 27, 2020). European Review of Private Law 28 (2020) issue 2, pp 447-452.

Moses and Edgeworth, ‘Statutes in a Web of Law’

ABSTRACT From the moment statutes are enacted, they enter, like newborns, a world of pre-existing assumptions and understandings, including the broader body of law with which they merge. This somewhat obvious fact generates a range of questions for those interpreting statutes. Unless the statute does so explicitly, interpretation will be required to determine how any […]