Category Archives: General

‘Against Jurisprudence’s New Metaphysical Focus’

Brian Leiter, ‘Critical Remarks on Shapiro’s Legality and the “Grounding Turn” in Recent Jurisprudence’ (October 15, 2020), available at SSRN. There are two overlapping complaints often offered about contemporary jurisprudence: the first is that it is too much aimed at an audience of (other) philosophers rather than an audience of legal practitioners; the second is […]

Di Bernardino, Penedo, Ellul, Ferreira, von Goldbeck, Herian, Siadat and Siedler, ‘NFT – Legal Token Classification’

ABSTRACT This report is the first of a series of brief papers relating to the main legal aspects of non-fungible tokens (NFTs). The aim is to highlight NFT characteristics and provide an extensive but not exhaustive overview of the legal classification and frameworks across the globe. The report places a special focus on EU laws, […]

Recent Hart books – discount announcements

Smart Contracts: Technological, Business and Legal Perspectives edited by Marcelo Corrales Compagnucci, Mark Fenwick and Stefan Wrbka. June 2021, 9781509937028, 216pp. Discount Price: £68. New Directions in European Private Law, edited by Takis Tridimas and Mateja Durovic. June 2021, 9781509935611, 264pp. Discount Price: £68. Punishment and Private Law edited by Elise Bant, Wayne Courtney, James […]

Saul Levmore, ‘Addictive Law’

ABSTRACT Law, broadly defined to include group-directed rulemaking and coercion, has plainly grown over time. There are many explanations for this growth, and the evolution from self-help to law. This Article develops the idea that an important contributor to the growth of law has been the fact that law begets law, and it seeks to […]

Hans-Bernd Schäfer, ‘National Wealth and Private Poverty through Civil Law? A review of the book The Code of Capital by Katharina Pistor’

ABSTRACT The central thesis of Katharina Pistor’s book is that private law, in conjunction with its increasingly global outreach, serves the interests of the rich and enables ‘rule by law’ (p 205) rather than a ‘rule of the law’. The rules of contract law, corporate law, insolvency law, property law and private international law are […]

Amanda Watson, ‘“The Report of my Death Was an Exaggeration” – The Legal Treatise’

ABSTRACT In the early history of the law in the United States, the treatise was a critically important part of law. Over time, it failed to evolve as other legal publications changed around it. Some of these changes also lessened the importance of many of its once prime features. Further, attitudes shifted about the prestige […]

‘Invitation to participate in “Legal Academy and Theory Survey”’

“Law professor Kevin Tobia (Georgetown) writes: ‘I am conducted an anonymous survey, with a graduate student collaborator, to learn more about the legal academy and legal theory. Anyone who self-identifies as a member of the ‘legal academy’ is invited to participate. Participants might include, among others: law professors, fellows, and students; legal practitioners; and scholars […]

Jonathan Lewis, ‘Safeguarding Vulnerable Autonomy? Situational Vulnerability, the Inherent Jurisdiction, and Insights from Feminist Philosophy’

ABSTRACT The High Court continues to exercise its inherent jurisdiction to make declarations about interventions into the lives of situationally vulnerable adults with mental capacity. In the light of the protective responses of health care providers and the courts to decision-making situations involving capacitous vulnerable adults, this article has two aims. The first is diagnostic. […]

Charles Haddon-Cave, ‘English Law and Descent into Complexity’

ABSTRACT The Rule of Law requires that the law is simple, clear and accessible. Yet English law has in become increasingly more complex, unclear and inaccessible. As modern life becomes more complex and challenging, we should pause and reflect whether this increasingly complexity is the right direction and what it means for fairness and access […]

David Sandomierski, ‘Law and Living: Connecting the Dots: The Life of an Academic Lawyer’

ABSTRACT How to review the meditation on a life’s work? Harry Arthurs’ 2019 memoir, Connecting the Dots: The Life of an Academic Lawyer, provides a detailed account of an incredible professional life, as labour arbitrator, legal scholar, law school dean, university president, and commissioner of multiple inquiries and studies. Sandomierski, David, Law and Living: Connecting […]