Category Archives: General

‘Public Reason’

Public reason requires that the moral or political rules that regulate our common life be, in some sense, justifiable or acceptable to all those persons over whom the rules purport to have authority. It is an idea with roots in the work of Hobbes, Kant, and Rousseau, and has become increasingly influential in contemporary moral […]

Robert Reed, ‘Comparative Law in the Supreme Court of the United Kingdom’

“John Keats described autumn as a season when gathering swallows twitter in the skies. It is also a season when gathering judges twitter in the skies, as they travel to conferences, meetings and exchanges all over the world. The purpose of this migration is to learn about, and possibly to learn from, the laws of […]

John Oberdiek, ‘Imposing Risk: A Normative Framework (OUP, 2017) – Introduction’

Abstract Human life has always been shadowed by risks like disease and natural disaster, but modern life is distinctively risky. In the first instance, today, risk utterly permeates life. The sheer variety and scope of risks that attend industrialized and industrializing societies are unique to them. Our agrarian and geographically dispersed ancestors did not face […]

David Enoch, ‘Hypothetical Consent and the Value(s) of Autonomy’

Abstract Hypothetical consent is puzzling. On the one hand, it seems to make a moral difference across a wide range of cases. On the other hand, there seem to be principled reasons to think that it cannot. In this article I put forward reasonably precise formulations of these general suspicions regarding hypothetical consent; I draw […]

Kit Barker, ‘Private Law As a Complex System – Agendas for the Twenty-First Century’

Abstract This chapter provides a critical overview of the very wide range of challenges facing private law in the twenty-first century, ranging as they do from problems of education, technology, philosophical foundation, procedure and methodology to those of incoherence and unintelligibility produced by the proliferation of rules from sources that are increasingly diverse, and fragmented. […]

Hamlyn Lectures 2017: Andrew Burrows, Thinking about Statutes: Interpretation, Interaction, Improvement: Oxford, Manchester, London, November 2017

LECTURE 1: ‘STATUTORY INTERPRETATION’: Despite its central importance, the study of statutes as a coherent whole has been and remains sadly neglected in UK law schools. These lectures address some of the central issues that arise if one thinks seriously and at a practical level about statutes. This first lecture on statutory interpretation examines four […]

Hanoch Dagan, ‘Markets for Self-Authorship’

Abstract Markets are said to serve goals such as efficiently allocating resources and entitlements, rewarding desert, inculcating virtues, and spreading power. This Essay, which was written for a special issue of Cornell Journal of Law and Public Policy on the ethical challenges of the market, focuses on another – arguably the most fundamental – goal: […]

‘After Brexit, is France Ready to Change its Approach to Law and Finance?’

“France has embarked on a major competition to benefit from Brexit and the weakening of London’s financial center. President Emmanuel Macron, as well as Prime Minister Edouard Philippe and Economy Minister Bruno Le Maire, have boasted, in turn, of the advantages of France and its infrastructure (its education system, health, and transportation). However, the importance […]

Dyevre, Wijtvliet and Lampach, ‘The Future of European Legal Scholarship: Empirical Jurisprudence’

Abstract To avert the twin threats of isolation and marginalization, we argue that European legal research should focus on questions that are important to lawyers and legal reformers and fully embrace the methodology of the social sciences. We identify two research programmes that, we believe, should be of fundamental interest to members of the legal […]

St Petersburg International Legal Forum Private Law Prize

The annual St Petersburg International Legal Forum, founded in 2011, is organized with the support of the Ministry of Justice of the Russian Federation and the President of Russian Federation. Over the years, the SPBILF has emerged as a foremost international platform for discussing a broad range of urgent questions confronting the contemporary international community […]