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Outputs (321)

Experts, rights and precaution (2012)
Journal Article
Bielby, P., & Ward, T. (2012). Experts, rights and precaution. Web journal of current legal issues, 2012(5),

In this article, we offer an account of the epistemological and moral principles that should govern decisions where judges and other official decision-makers are asked to authorize courses of action which would amount to a violation of someone's righ... Read More about Experts, rights and precaution.

The recodification of private law in Central and Eastern Europe (2012)
Book Chapter
Cserne, P. (2012). The recodification of private law in Central and Eastern Europe. In P. Larouche, & P. Cserne (Eds.), National legal systems and globalization: new role, continuing relevance (45 - 88). T.M.C. Asser Press. https://doi.org/10.1007/978-90-6704-885-9_4

In the past two decades, Central and Eastern European countries have experienced a rapid political, economic and social transformation. This transformation has been intertwined with the Europeanisation and modernisation of the law. This chapter analy... Read More about The recodification of private law in Central and Eastern Europe.

Expert evidence, judicial reasoning, and the family courts information pilot (2012)
Journal Article
Ward, T. (2012). Expert evidence, judicial reasoning, and the family courts information pilot. Journal of Law and Society, 39(4), 515-540. https://doi.org/10.1111/j.1467-6478.2012.00598.x

The Family Courts Information Pilot made a modest step towards open justice in Children Act cases by publishing 160 judgments of the County Courts and Family Proceedings Courts. This article focuses on the reasoning about expert evidence in the judge... Read More about Expert evidence, judicial reasoning, and the family courts information pilot.

Religion, Sexual Orientation and the Equality Act 2010: Gay Bishops in the Church of England Negotiating Rights Against Discrimination (2012)
Journal Article
Clucas, R. (2012). Religion, Sexual Orientation and the Equality Act 2010: Gay Bishops in the Church of England Negotiating Rights Against Discrimination. Sociology, 46(5), 936-950. https://doi.org/10.1177/0038038512451533

A sophisticated understanding of human rights must look at ways in which conflicts between competing rights are negotiated. This article undertakes a case study of the interrelationship of rights related to religion and sexuality in societies, in the... Read More about Religion, Sexual Orientation and the Equality Act 2010: Gay Bishops in the Church of England Negotiating Rights Against Discrimination.

Claiming a Fundamental Right to Basic Necessities of Life: Problems and Prospects of Adjudication in Bangladesh (2012)
Journal Article
Chowdhury, M. J. A. (2012). Claiming a Fundamental Right to Basic Necessities of Life: Problems and Prospects of Adjudication in Bangladesh. Indian Journal of Constitutional Law, 5, 184-208

The debate on whether socio-economic rights can or should be adjudicated upon and enforced by courts is ongoing since the 1960s, when the rights in the Universal Declaration of Human Rights (UDHR) were separated into two covenants. Though the Interna... Read More about Claiming a Fundamental Right to Basic Necessities of Life: Problems and Prospects of Adjudication in Bangladesh.

The Law of the Sea 1850-2010 (2012)
Book Chapter
Barnes, R. (2012). The Law of the Sea 1850-2010. In A History of the North Atlantic Fisheries. Volume 2 (177-225). Hauschild Verlag

This chapter considers the law of the sea and the regulation of fisheries in the North Atlantic from 1850 onwards. However, in order to provide a more coherent legal perspective, slightly broader chronological and geographic considerations are requir... Read More about The Law of the Sea 1850-2010.

Ulysses arrangements in psychiatric treatment : towards proposals for their use based on 'sharing' legal capacity (2012)
Journal Article
Bielby, P. (2014). Ulysses arrangements in psychiatric treatment : towards proposals for their use based on 'sharing' legal capacity. Health Care Analysis, 22(2), 114-142. https://doi.org/10.1007/s10728-012-0215-2

A ‘Ulysses arrangement' (UA) is an agreement where a patient may arrange for psychiatric treatment or non-treatment to occur at a later stage when she expects to change her mind. In this article, I focus on ‘competence-insensitive' UAs, which raise t... Read More about Ulysses arrangements in psychiatric treatment : towards proposals for their use based on 'sharing' legal capacity.

Between the 'Metaphysics of the Stone Age' and the 'Brave New World': H.L.A. Hart on the Law's Assumptions about Human Nature (2012)
Book Chapter
Cserne, P. (2012). Between the 'Metaphysics of the Stone Age' and the 'Brave New World': H.L.A. Hart on the Law's Assumptions about Human Nature. In M. Jovanović, & B. Spaić (Eds.), Jurisprudence and Political Philosophy in the 21st Century: Reassessing Legacies (71 - 89). Peter Lang Pub Inc

This paper analyses H.L.A. Hart’s views on the epistemic character of the law’s assumptions about human behaviour, as articulated in Causation in the Law and Punishment and Responsibility. Hart suggests that the assumptions behind legal doctrines typ... Read More about Between the 'Metaphysics of the Stone Age' and the 'Brave New World': H.L.A. Hart on the Law's Assumptions about Human Nature.