Category Archives: General

Felipe Jiménez, ‘Justifying Private Law’

ABSTRACT As recent work suggests, a central concern in contemporary private law theory is the justification of private law. Private law, as all exercises of state coercion do, ‘calls for a justification’. Part of what private law theory ought to do, from this perspective, is to provide reasons in favor of private law and the […]

Buiten, de Streel and Peitz, ‘EU Liability Rules for the Age of Artificial Intelligence’

ABSTRACT When Artificial Intelligence (AI) systems possess the characteristics of unpredictability and autonomy, they present challenges for the existing liability framework. Two questions about the liability of AI deserve attention from policymakers: 1) Do existing civil liability rules adequately cover risks arising in the context of AI systems? 2) How would modified liability rules for […]

‘Legal Theory Lexicon: Public Reason’

“How should citizens in a modern pluralist democracy debate and discuss public affairs? What kinds of reasons are appropriate in the context of judicial opinions, legislative debate, or administrative decisionmaking? There is wide agreement that the government should not censor public debate about politics, at least not without very good reasons. But when it comes […]

Barry, Hatfield and Kominers, ‘To Thine Own Self Be True? Incentive Problems in Personalized Law’

ABSTRACT Recent years have seen an explosion of scholarship on “personalized law.” Commentators foresee a world in which regulators armed with big data and machine learning techniques determine the optimal legal rule for every regulated party, then instantaneously disseminate their decisions via smartphones and other ‘smart’ devices. They envision a legal utopia in which every […]

‘Call for Submissions: Confronting Systemic Racism and Sexism in Legal Academia’

“By now, many of us have stumbled headfirst into the sewage of the Sewell Report. For those who missed it, the British government released a report on racial disparities that denies the structural character of racism in British society. In fact, the authors went further, proclaiming the UK as an exemplar of racial equality that […]

Tobia, Slocum and Nourse, ‘Statutory Interpretation from the Outside’

ABSTRACT How should judges decide which linguistic canons to apply in interpreting statutes? One important answer looks to the inside of the legislative process: Follow the rules that lawmakers contemplate. A different answer, based on the ‘ordinary meaning’ doctrine, looks to the outside: Follow the rules that would guide an ordinary person’s understanding of the […]

Felipe Jiménez, ‘Two questions for private law theory’

ABSTRACT This article claims that private law theorists ought to bear in mind the distinction between wholesale questions about the best interpretation or justification of legal institutions, and retail questions about their internal operation – in other words, the distinction between questions about legal institutions and questions within them. This distinction has been obscured in […]

‘From the Ivory Tower to the Judicial Trenches: Are We Bridging the Divide?’

Brian T Detweiler, ‘May It Please the Court: A Longitudinal Study of Judicial Citation to Academic Legal Periodicals’, 39 Legal Reference Services Quarterly 87 (2020). Most in legal academia would consider citation of their law review article in a judicial opinion an honor. However, most probably also remember Chief Justice Roberts’ 2011 comment that an […]

Gyandeep Chaudhary, ‘Artificial Intelligence: The Personhood Conundrum’

ABSTRACT Legal personality is inherently linked in individual autonomy but not exclusively accorded to people. AI is not recognised as legal entity by any law currently in force. But, together with Sophia, Saudi Arabia’s humanoid national, and the recent accident caused by Uber’s self-driving car, determining the legal personality of AI has become imperative. Many […]

Michele Mannoni, ‘Rights Metaphors Across Hybrid Legal Languages, Such as Euro English and Legal Chinese’

ABSTRACT This paper focuses on two legal languages such as the legal English developed by the European Union institutions (Euro English) and the legal Chinese of Mainland China, to study whether the mental representations and the embodied simulation created by the conceptual metaphors for the same Western concept, RIGHT, differ in any significant ways. By […]