Category Archives: General

Jianfu Chen, ‘Re-Conceptualising Private Law: the Struggle for Civil Codification in China’

ABSTRACT China is making yet another attempt at civil codification, a process that will in reality re-conceptualise private law and lay down the fundamental principles that will regulate civil and commercial relationships between and among individuals and economic entities. This paper will first provide a brief review of the legislative efforts at civil codification in […]

Wim Voermans, ‘In the Law We Trust. Some Thoughts on the “Legislative Gap” in Legal Studies’

ABSTRACT Legislation and the enactment of legislation is of primary importance for the development of the law in modern jurisdictions. The law depends on it – the bulk of the law is created by way of legislation. One would expect that this importance is reflected in legal research and education. But in fact it is […]

Jeremy Waldron, ‘Non-normative Principles’

ABSTRACT How should we think about legal principles? I mean principles understood as a distinct kind of legal provision (contrasted with rules and with enacted standards). In analytic jurisprudence, the best-known account of legal principles – Ronald Dworkin’s account – assigns them a normative function in law, albeit not a hard or determinate one. But […]

Higgins and Levy, ‘The perils of peer review – can the process be improved?’

ABSTRACT This note considers the weaknesses in the voluntary and blind peer review process used by law journals in a number of countries including the UK. Using the editors’ own work as a case study it seeks to highlight the sometimes dramatic inconsistencies in peer review assessments. It outlines a new peer review process that […]

David Frydrych, ‘What is the Will Theory of Rights?’

ABSTRACT This article helps to clear up some misunderstandings about the Will Theory of rights. Section II briefly outlines the Theories of Rights. Section III elucidates some salient differences among self-described anti-Interest Theory accounts. Section IV rebuts Carl Wellman and Arthur Ripstein’s respective arguments about the Will Theory differing from ‘Choice’ or Kantian theories of […]

Gerald Postema, ‘The British Tradition of Legal Positivism’

ABSTRACT This essay traces a thematic thread through broadly Anglophone legal philosophy since the seventeenth century. Ownership of the title ‘positivism’ is contested in contemporary Anglophone jurisprudence. If we to take the core theses embraced by contemporary legal positivists to identify the key figures in their tradition the story would be very brief, starting, perhaps, […]

Evan Fox-Decent, ‘Trust and Authority’

ABSTRACT Some judges and scholars hold that within legal limits and across legal frameworks, there is just a legal void, a domain in which law is absent. I challenge the legal void thesis, arguing that law operates within the spaces law creates. Law governs the interstitial spaces that exist within legal limits and across frameworks, […]

Matthias Lehmann, ‘Who Owns Bitcoin? Private Law Facing the Blockchain’

ABSTRACT … The issue of this paper therefore is: How can blockchain be squared with traditional categories of private law, including private international law? The proposal made herein avoids the recourse to a newly fashioned ‘lex digitalis’ or ‘lex cryptographica’. Rather, it is suggested that the problems can be solved by using existing national laws, […]

Christian Burset, ‘Why Didn’t the Common Law Follow the Flag?’

ABSTRACT This Article considers a puzzle about how different kinds of law came to be distributed around the world. The legal systems of some European colonies largely reflected the laws of the colonizer. Other colonies exhibited a greater degree of legal pluralism, in which the state administered a mix of different legal systems. Conventional explanations […]

Alan Calnan, ‘The Nature of Reasonableness’

ABSTRACT Though the notion of reasonableness dominates Anglo-American law, its meaning has been clouded by traditional conceptual analysis. This Essay argues that greater clarity can be gained by taking a scientific approach to the subject, exposing the natural foundations beneath the concept’s varied interpretations. Calnan, Alan, The Nature of Reasonableness (June 4, 2019).