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All Outputs (174)

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.

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.

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.

Public procurement in the EU: jurisprudence and conceptual directions (2012)
Journal Article
Bovis, C. H. (2012). Public procurement in the EU: jurisprudence and conceptual directions. Common Market Law Review, 49(1), 247-290

The present article reviews the emerging conceptual themes from the case law of the European Court of Justice which have triggered the revision of the public procurement Directives, and the alignment of the public procurement acquis with the Europe 2... Read More about Public procurement in the EU: jurisprudence and conceptual directions.

International Regulation of Fisheries Management in Arctic Waters (2011)
Journal Article
Barnes, R. (2011). International Regulation of Fisheries Management in Arctic Waters. Jahrbuch fur internationales Recht. German yearbook of international law, 54, 193-230

Climate change has opened up the possibility of new fisheries in Arctic waters. There are governance gaps in existing international and regional instruments as they apply to Arctic waters. Existing regimes might be adapted or a new Arctic RFMO create... Read More about International Regulation of Fisheries Management in Arctic Waters.

The meaning of intention and meaning in Mark Bevir and Vivienne Brown (2011)
Journal Article
Connelly, J. (2011). The meaning of intention and meaning in Mark Bevir and Vivienne Brown. Intellectual History Review, 21(1), 95-104. https://doi.org/10.1080/17496977.2011.546640

Bevir's weak intentionalism construes meanings consisting in the understanding of a specific individual and they are identifiable solely by reference to that individual, by contrast with strong intentionalism, whereby a text expresses prior purposes... Read More about The meaning of intention and meaning in Mark Bevir and Vivienne Brown.

T.M. Knox and the study of economic activity (2010)
Journal Article
Connelly, J. (2010). T.M. Knox and the study of economic activity. International Journal of Social Economics, 37(11), 880-893. https://doi.org/10.1108/03068291011082847

Purpose: The purpose of this paper is to show how T.M. Knox sought to conceptualise economic activity in the context of his philosophical background and in relation to the analysis of the nature of economics offered by Lionel Robbins. Design/methodol... Read More about T.M. Knox and the study of economic activity.

In search of alternative solutions : can the state of origin be held internationally responsible for investors' human rights abuses that are not attributable to it? (2010)
Journal Article
Tzevelekos, V. (2010). In search of alternative solutions : can the state of origin be held internationally responsible for investors' human rights abuses that are not attributable to it?. Brooklyn Journal of International Law, 35(1), 155-231

The paper establishes a three-step (due diligence, positive effect of human rights and extraterritoriality) argument for the responsibility of the home state for the human right breaches of its investors in third countries.

The use of article 31(3)(c) of the VCLT in the case-law of the ECtHR : an effective anti-fragmentation tool or a selective loophole for the reinforcement of human rights teleology? (2010)
Journal Article
Tzevelekos, V. (2010). The use of article 31(3)(c) of the VCLT in the case-law of the ECtHR : an effective anti-fragmentation tool or a selective loophole for the reinforcement of human rights teleology?. Michigan Journal of International Law, 31(3), 621-690

In Part I the Article will briefly introduce the question of the fragmentation of international law, and will more extensively delineate the role that the ILC attributed to Article 31(3)(c) and the ILC's expectations regarding its success in this rol... Read More about The use of article 31(3)(c) of the VCLT in the case-law of the ECtHR : an effective anti-fragmentation tool or a selective loophole for the reinforcement of human rights teleology?.

Multi-disciplinary definitions and understandings of 'paedophilia' (2010)
Journal Article
Harrison, K., Manning, R., & McCartan, K. (2010). Multi-disciplinary definitions and understandings of 'paedophilia'. Social & legal studies, 19(4), 481-496. https://doi.org/10.1177/0964663910369054

Despite the current high-profile concern over paedophiles and paedophilic activity, there is no easily accessible or widely accepted multi-disciplinary definition of paedophilia. Commentators have pointed to a general contemporary misunderstanding su... Read More about Multi-disciplinary definitions and understandings of 'paedophilia'.

Making the case for socio-legal research in land law: Renner and the law of mortgage (2010)
Journal Article
Whitehouse, L. (2010). Making the case for socio-legal research in land law: Renner and the law of mortgage. Journal of Law and Society, 37(4), 545-568. https://doi.org/10.1111/j.1467-6478.2010.00521.x

The aim of this article is to enhance knowledge of and to encourage further research into two areas not traditionally the subject of socio-legal research, namely, the work of Karl Renner and the English law of mortgage, for three reasons. First, an a... Read More about Making the case for socio-legal research in land law: Renner and the law of mortgage.

Policy arguments before courts: Identifying and evaluating consequence-based judicial reasoning (2010)
Journal Article
Cserne, P. (2010). Policy arguments before courts: Identifying and evaluating consequence-based judicial reasoning. Humanitas Journal of European Studies, 3, 9-30

This paper is a modest contribution to a long lasting discussion in legal theory and touches on two broad and related questions: what is and what ought to be the role of consequence-based arguments in legal reasoning. Although putting too much stress... Read More about Policy arguments before courts: Identifying and evaluating consequence-based judicial reasoning.

On the Necessity of Necessity: An Economic Analysis of Contracts Concluded in a Situation of Need (2010)
Journal Article
Szalai, A., & Cserne, P. (2010). On the Necessity of Necessity: An Economic Analysis of Contracts Concluded in a Situation of Need. Silesian journal of legal studies, 2, 11-25

In this paper the authors argue that the received view is unwarranted. Their model suggests that in many cases the socially efficient contract price is higher than the rescue costs. To be sure, due to serious information problems the practical implem... Read More about On the Necessity of Necessity: An Economic Analysis of Contracts Concluded in a Situation of Need.

Legal aspects of surgical castration (2010)
Journal Article
Harrison, K. (2010). Legal aspects of surgical castration. Sexual offender treatment, 5(2), 42856

The use of surgical castration, whilst still legal in some European countries is now being practised only on a very small scale. This is largely due to the fact that many people have objections to the practice of surgically castrating offenders, espe... Read More about Legal aspects of surgical castration.

War crimes in the armed conflict in Pakistan (2010)
Journal Article
Shah, N. A. (2010). War crimes in the armed conflict in Pakistan. Studies in Conflict and Terrorism, 33(4), 283-306. https://doi.org/10.1080/10576100903582535

This article argues that an internal armed conflict exists in Pakistan and the law of armed conflict together with human rights law applies to it. It is further argued that both the security forces of Pakistan and the Pakistani Taliban have and will... Read More about War crimes in the armed conflict in Pakistan.