Monthly Archives: February, 2018

Emmanuel Voyiakis, ‘Causation and Opportunity in Tort’

Abstract This article shows that we can approach both ‘epistemic’ and ‘conceptual’ problems of causation in tort with the aid of a moral idea sketched out by HLA Hart and developed into a more general account by TM Scanlon. Applied to causation, that idea is that we may justify principles that require people to meet […]

‘Why English courts are opening in the EU’

“It’s English law, in English – but the courtroom is in Paris. According to French reports, the new ‘international chamber’ is an attempt to capitalise on Brexit and steal London’s crown as a global hub for lucrative commercial legal disputes. Other English-language courts are popping up in the Netherlands, Germany and Belgium, with those behind […]

Goudkamp and Katsampouka, ‘An Empirical Study of Punitive Damages’

Abstract This article reports and discusses the results of an empirical study of punitive damages. It examines 146 claims that were decided in all parts of the UK (save for Scotland, which does not recognise punitive damages) by first instance courts in the first 16 years of the twenty-first century. The study is the first […]

Schanzenbach and Shoked, ‘Reclaiming Fiduciary Law for the City’

Abstract Modern law sets ‘public’ local government law apart from ‘private’ business entities law. Although intuitive, this distinction ignores legal history and, even more troublingly, the contemporary practices of local governments. Due to distressed finances and a political atmosphere favoring privatization, present-day cities routinely engage in sophisticated market transactions typical of private business entities. Current law […]

Ting Xu, ‘Towards an Evolutionary Theory of Property? A Longitudinal Analysis of Property Regime Transformation in China’

Abstract This article critiques the artificiality of the context-free and a historical approaches to theorising the evolution of property. It starts with an overview of a number of evolutionary accounts, underpinned by different theories of institutions and institutional change, in the ‘old’ and ‘new’ institutional economics. Special emphasis is given to an argument for a […]

Simon Stern, ‘Copyright As a Property Right? Authorial Perspectives in Eighteenth-Century England’

Abstract In recent decades, various scholars have questioned the proposition that copyright must necessarily be rooted entirely in a property paradigm, and have sought to show how, over the last century and a half or so, that paradigm has been applied increasingly strictly and its logic has been extended with ever greater force. An examination […]

‘Consumer Standard Form Contracts in India: A Proposal’

“India has experienced a dramatic increase in consumer Internet shopping due to its convenience and the myriad choices of the Internet. Further, India enjoys a rapidly developing economy, rising living standards, and improving middle-class income, all of which promote Internet shopping. However, worldwide, few consumers read their e-standard forms and India is likely no exception. […]

Jessie Allen, ‘Doctrinal Reasoning as a Disruptive Practice’

Abstract Legal doctrine is generally thought to contribute to legal decision making only to the extent it determines substantive results. Yet in many cases, the available authorities are indeterminate. I propose a different model for how doctrinal reasoning might contribute to judicial decisions. Drawing on performance theory and psychological studies of readers, I argue that […]

Tim Beijer, ‘Trust Law in the Process of Reunifying East and West Germany. How a Legal Concept Foreign to German Law Was the Solution to Merge a Socialist and a Capitalist Economy between 1989 and the Present’

Abstract In the run-up to the Re-Unification of the East and West Germany in the 1990’s the governments faced a problem, how do we integrate two political systems without causing a collapse of the economy and livelihoods. In order to counter the aforementioned the East-German government initiated the Treuhandanstalt, a piece of legislation that would […]

Kar and Radin, ‘Pseudo-Contract and Shared Meaning Analysis’

Abstract Over the last several decades, courts and legal scholars have struggled with whether or when to consider boilerplate text as contract. In a series of ad hoc fixes reminiscent of the ‘epicycles’ that tried to square Ptolemaic geocentric theories of planetary motion with recalcitrant observations, contract law has been shifting away from its traditional […]