Category Archives: Taxonomy

Ben Cartwright, ‘Denials, defences, and damages-limiting rules in breach of contract’

ABSTRACT The role of defences in breach of contract has been historically under-addressed: most treatises do not have a section dedicated to defences, and writers often doubt the utility of defences terminology. In this article, I argue that our understanding of breach of contract actions will be improved if we recognise that there are three […]

Matteo Solinas, ‘Pushing the Boundaries: A Tentative Taxonomy of Money in New Zealand Private Law’

ABSTRACT This article seeks to define the boundaries of money in the context of proprietary taxonomy in New Zealand. It suggests that the traditional legal concept of money exclusively based on state issued (fiat) currency is dated, as does not accommodate the near-universal use of bank money in commercial transactions, nor the recent technological changes […]

Ying Khai Liew, ‘Trusts: Modern Taxonomy and Autonomy’

ABSTRACT It is unfortunate that judges and commentators do not all agree on what express, resulting, and constructive trusts are. This paper develops a vigorous taxonomy of these trusts by identifying the key distinctive event(s) which trigger(s) each type of trust, which establishes their respective conceptual space. Thus, express trusts respond to a unilateral, proper […]

Laura Little, ‘A Taxonomy of Taxonomies (Book Review of Pierre Schlag and Amy J Griffin, How To Do Things With Legal Doctrine (2020))’

ABSTRACT This book review celebrates a new book’s adroit categorization of various legal analysis techniques. In doing so, the book review summarizes how authors Schlag and Griffin present an intriguing combination of jurisprudence and practical advice. Although the review makes light of the authors’ tendency to complicate and to create filigreed categories (as fair-minded lawyers […]

Christopher Chiam, ‘Trustee Rights and Powers: A Taxonomical Analysis’

ABSTRACT This article examines what differences there are, if any, between the rights and powers of a trustee. Although these terms are commonly applied to distinguish between various aspects of trusteeship, there is no clear explanation of the basis of this taxonomy. This article argues that there is no conceptual difference between these two terms, […]

Christopher Rodgers, ‘Towards a Taxonomy for Public and Common Property’

ABSTRACT This article argues that public property rights should be recognised as a separate category of property interest, different and distinct from private and common property interests and conferring distinctive rights and obligations on both ‘owners’ and members of the public. It develops a taxonomy to differentiate private, public and common property rights. The article […]

Timothy Kaye, ‘A Sound Taxonomy of Remedies’

ABSTRACT Judges and practitioners need recognized categorizations to act as the premises from which reasoned arguments may be developed. The lack of a meaningful taxonomy of remedies is, therefore, a significant impediment to reasoned legal argument. This paper outlines what such a taxonomy should look like. Replicative remedies exist to vindicate primary rights. We call […]

Christopher Bruner, ‘What Is the Domain of Corporate Law?’

ABSTRACT … The article first explores the general challenges faced in any project of legal taxonomy, focusing on the inherent tension between internal and external views of law and the dynamic relationship between legal doctrine and social context. Through that lens, the analysis turns to extant modes of defining corporate law as a field – […]

Stephen Thomson, ‘Judicial Review and Public Law: Challenging the Preconceptions of a Troubled Taxonomy’

Abstract Much has been written on whether public/private distinctions should be made by judicial review. Little explored is the related but distinct question of whether judicial review should itself be classed as a branch of public law. This important issue of taxonomy affects the limits, contours and methodology of review, yet is often taken for […]

Paul Craig, ‘Taxonomy and Public Law: A Response’

Abstract There are, unsurprisingly, various ways in which to organize the material that comprises public law broadly conceived. The criteria that are brought to bear vary considerably, as does the purpose of the enterprise. The consequences of the organizational endeavour can differ significantly, ranging from the semantic to the substantive. Jason Varuhas has proposed a […]