Category Archives: General

Ruth Dukes, ‘Review Article: Regulating Gigs’

J Prassl, Humans as a Service: The Promise and Perils of Work in the Gig Economy, Oxford: Oxford University Press, 2018, 208 pp, hb £26.49. At labour law conferences of the past two or three years, the emergence of the gig economy was the cause of a flurry of excitement. Having spent decades charting the […]

‘Legal Theory Lexicon: Concepts and Conceptions’

“Some ideas seem to be endlessly debated. We might all agree that “justice” is a good thing, but some of us think that justice boils down to counting the utility of each individual equally, while others think that justice is a matter of respecting basic human rights. Utilitarians might all agree that maximizing expected utility […]

‘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 […]

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 […]

‘“The Law of Good People” and Corporate Law’

Yuval Feldman, The Law of Good People: Challenging States’ Ability to Regulate Human Behavior (2018). Yuval Feldman’s book, ‘The Law of Good People: Challenging States’ Ability to Regulate Human Behavior’ provides a thought-provoking framework to advance our understanding of how governments should deal with misconduct committed by normative citizens blinded by cognitive biases regarding their […]

‘Legal Theory Lexicon: Persons and Personhood’

“Are the unborn human persons? What is the difference between legal and moral personhood? What does it mean to say that a corporation is a legal person? Do the most intelligent animals deserve the rights of moral or legal persons? These questions are likely to arise sooner or later for most law students. This entry […]

Lionel Smith, ‘Civil and Common Law’

ABSTRACT This text is a chapter in the forthcoming Oxford Handbook of the New Private Law. It aims to answer the question, ‘what can the civil law tradition tell us about the New Private Law?’ It seeks to do this by offering one civilian’s perspective on private law, on US private law, and on the […]

Matthew Kramer, ‘On No-Rights and No Rights’

ABSTRACT As is well known to everyone familiar with the analytical table of legal relationships propounded by the American jurist Wesley Hohfeld, one of the eight positions in the table is that of the no-right. In most discussions of Hohfeld’s overall framework, no-rights have received rather little attention. Doubtless, one reason for the relative dearth […]

‘Defining Neoliberalism’

“I recently listened to an episode of EconTalk: ‘Dani Rodrik on Neoliberalism’. What follows is an excerpt from the show, wherein Rodrik defines neoliberalism: ‘What I mean by neoliberalism is really mostly a frame of mind that places the independent functioning of markets and private incentives and pricing incentives at the center of things. And […]