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Solidarity in the European Union 28 May 2013 | 11:27 am
Political theorists aiming to articulate normative standards for the EU have almost entirely focused on whether or not the EU suffers from a ‘democratic deficit'. Almost nothing has been written, by c...
Intoxication and Criminal Responsibility in England, 1819-1920 28 May 2013 | 11:27 am
In the period 1819–1920 the ostensibly strict English common law rule that drunkenness was not an excuse to any criminal charge was modified. It was formally recognized that, at least for crimes requi...
Britain's Religious Tribunals: 'Joint Governance' in Practice 28 May 2013 | 11:27 am
In recent years, there have been a number of moral panics in Western societies about the existence of religious courts and tribunals in general and Shariah law in particular. In England and Wales, the...
Punishment without a Sovereign? The Ius Puniendi Issue of International Criminal Law: A First Contribution towards a Consistent Theory of Internationa... 28 May 2013 | 11:27 am
Current International Criminal Law (ICL) suffers from at least four fairly serious theoretical shortcomings. First, as a starting point, the concept and meaning of ICL in its different variations must...
Between Common Law Constitutionalism and Procedural Democracy 28 May 2013 | 11:27 am
This article will argue that there is a coherent and attractive middle way between common law constitutionalism and the procedural conception of democracy, the two dominant positions on the legitimacy...
The Private Origins of the Private Company: Britain 1862-1907 28 May 2013 | 11:27 am
This article recalls the fact that until the mid-19th century neither company legislation, nor jurists, nor economists, envisioned companies to be private or small. Nevertheless, once freedom of incor...
Proceduralism, Judicial Review and the Refusal of Royal Assent 28 May 2013 | 11:27 am
This article provides an exploration of the relationships between a procedural account of epistemic democracy, illegitimate laws and judicial review. I first explain how there can be illegitimate laws...
The Wonder of Euthanasia: A Debate that's Being Done to Death 28 May 2013 | 11:27 am
In their book Debating Euthanasia, Emily Jackson and John Keown present respectively arguments in favour of and against the legalization of (some instances of) euthanasia and assisted suicide. Jackson...
Value Collectivism, Collective Rights, and Self-Threatening Theory 28 Feb 2013 | 04:26 pm
This review article discusses the conception of collective rights necessary to ground contemporary entrenchments of minority educational rights, Indigenous rights and collective bargaining rights, as ...
How Can 'Positivism' Account for Legal Adjudicative Duty? 28 Feb 2013 | 04:26 pm
One aspiration of an analytic jurisprudential theory is to provide an account of how legal obligations arise, including the legal obligation of judges to apply only legally valid norms when adjudicati...
