Year:

  1.  7
    The Mediation Process: Challenges to Neutrality and the Delivery of Procedural Justice.Debbie De Girolamo - 2019 - Oxford Journal of Legal Studies 39 (4):834-855.
    Ethnographic data suggest that the mediator role transcends that of the neutral third-party intervener described in the literature. The mediator becomes part of the mediated negotiation process, at times separate from the parties, aligned with the parties or in opposition to the parties. This is analysed in this article in relation to concepts of neutrality and procedural justice, two concepts much discussed in the mediation literature, often recognised as core features of the mediation process. The justice consciousness of the parties (...)
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  2.  16
    Discrimination as an Individual Wrong.Michael P. Foran - 2019 - Oxford Journal of Legal Studies 39 (4):901-929.
    This article argues that anti-discrimination rights are individual rights to be free from wrongful treatment and do not directly advance group-based interests or prohibit group-based harm. In light of this, a number of recurring accounts of the wrong of discrimination, particularly the wrong of indirect discrimination, are unsustainable. Claims that indirect discrimination is concerned with harm that is done to social groups or that laws prohibiting indirect discrimination seek to reduce or eliminate advantage gaps between social groups must be rejected (...)
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  3.  11
    For a Law of Public Contract Per Se: An Intervention From Liberal Contract Theory.Janet M. McLean - 2019 - Oxford Journal of Legal Studies 39 (4):856-877.
    Judges in judicial review cases in New Zealand and the UK currently begin with the presumption that the existence of a contract means that the matter should be treated as a private law one—at least in the absence of a special ‘public element’. This article argues that all contracts with government entities should be treated as presumptively public. Such a position can be justified by recourse to liberal contract theory. Arthur Ripstein’s Kantian theory identifies the critical role of the state (...)
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  4.  11
    The Inference to the Best Legal Explanation.Claudio Michelon - 2019 - Oxford Journal of Legal Studies 39 (4):878-900.
    Courts use inferences to the best explanation in many contexts and for a variety of purposes. Yet our understanding of lawyers’ uses of this inferential form is insufficient. In this article, after briefly introducing this inferential form, I set out to: explain the structure of such arguments by reference to an argument scheme; clarify the types of claims courts support by deploying such inferences while attempting to justify acting in accordance with explanatory principles ; offer an account of the ‘explanatory’ (...)
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  5.  4
    A Conservative Disposition and Constitutional Change.Graham Gee & Grégoire Webber - 2019 - Oxford Journal of Legal Studies 39 (3):526-552.
    What is a conservative disposition? And can it supply any insights into the UK’s changing constitution? We offer answers to these questions by identifying core elements of a conservative disposition and exploring how it offers contingent guidance to public lawyers striving to make sense of a changing constitution. Our goal is to show why a conservative disposition remains relevant to public lawyers, in large measure because, rather than despite, the constitution is changing. We examine the disposition’s relationship with change and (...)
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  6.  4
    One Thicket in Fraud on a Power.Jessica Hudson - 2019 - Oxford Journal of Legal Studies 39 (3):577-602.
    This article considers the effect of fraud on a power as it applies to private powers arising across a range of institutions, such as express trusts, agency and companies. The article makes two main arguments. First, the effect of fraud on a power is determined by the equitable nature of the doctrine and its interaction with a particular type of power. The significance is that the effect of fraud on a power cannot be described as either voidness or voidability. There (...)
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  7.  1
    The ‘Policy’ That Invalidates Testamentary Conditions.Darryn Jensen - 2019 - Oxford Journal of Legal Studies 39 (3):553-576.
    Whenever one person’s conferral of a benefit on another is subject to a condition that the conferee not be married to a particular person or to a member of a specified class of persons, the question of whether the condition is enforceable is said to be a question of ‘public policy’. This ‘policy’ question is fundamentally a question of whether enforcing the condition contradicts or undermines any of the norms concerning the conduct of married persons to which the law is (...)
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  8.  1
    The Law Commissions: Constitutional Arrangements and the Rule of Law†.Susan Kenny - 2019 - Oxford Journal of Legal Studies 39 (3):603-623.
    This review article considers two publications concerning the Law Commissions created under the Law Commissions Act 1965: Fifty Years of the Law Commissions: The Dynamics of Law Reform, a collection of essays edited by Dyson, Lee and Wilson Stark, and Wilson Stark’s monograph, The Work of the British Law Commissions: Law Reform … Now? The writers demonstrate how the Commissions’ law reform work has made a unique contribution to the improved operation of the legal system and how they must continue (...)
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  9.  23
    Soft Law, Authoritative Advice and Non-Binding Agreements.Andrei Marmor - 2019 - Oxford Journal of Legal Studies 39 (3):507-525.
    One of the most fascinating developments in the domain of international law in the last few decades is the astonishing proliferation of non-binding legal instruments or soft law, namely, norms or directives explicitly avoiding the imposition of legal obligations on the relevant parties. From a philosophical perspective, this is rather puzzling: how can we explain the idea of a non-binding directive or a non-binding contract? In this article I aim to provide an account of the rationale of soft law from (...)
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  10.  8
    The Contra Proferentem Rule: Contract Law’s Great Survivor.Joanna McCunn - 2019 - Oxford Journal of Legal Studies 39 (3):483-506.
    The contra proferentem rule has been under sustained attack in recent years, as judges doubt whether it has any role to play in modern commercial contract law. This article sheds light on the function of the rule by examining its historical development. The rule has been part of English contract law for over 600 years, playing very different roles at each stage of its development. Lawyers since the medieval period have criticised the rule, but have succeeded in continually repurposing it (...)
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  11.  1
    The Heterogeneity of Tort Law.John Murphy - 2019 - Oxford Journal of Legal Studies 39 (3):455-482.
    This article tests the plausibility of several leading, explanatory theories of tort by reference to the fact that tort law possesses neither the juridical nor the structural unity that the relevant theories ascribe to it. It considers a wide range of tort actions that reveal a much more heterogeneous body of law than any of the targeted theorists admit exists. It concludes that, taken together, tort law’s varying liability bases, its departures from the requirement of a rights infringement, its structural (...)
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  12.  11
    The Rise of Covenant-Lite Lending and Implications for the UK’s Corporate Insolvency Law Toolbox.Sarah Paterson - 2019 - Oxford Journal of Legal Studies 39 (3):654-680.
    This article is, so far as the author is aware, the first to examine in detail the implications of the explosion of covenant-lite loans for English corporate insolvency law. Covenant-lite loans lack certain early warning mechanisms that have traditionally been found in loans to heavily indebted borrowers. Concerns about the implications of covenant-lite loans have been raised in the broadcast and print media, and by economists and central banks in England and the United States. This is an issue that matters (...)
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  13.  8
    A Truth-Seeking Justification for Press Freedom?†.Randall Stephenson - 2019 - Oxford Journal of Legal Studies 39 (3):681-704.
    The relationship between press freedom and representative democracy has captured the interest of philosophers and constitutional law scholars for centuries. John Charney’s The Illusion of the Free Press argues that the truth-seeking justification for expressive freedoms can alone explain the continuing importance of a free press to contemporary democracies. This review essay examines two rebuttals to this argument. First, adopting a more modern ‘process-relational’ philosophy reveals that Charney’s epistemological ‘illusion’ is itself based on misconceptions. Secondly, the author’s incomplete use of (...)
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  14.  6
    The Role of Standards of Review in Labour Law.David Cabrelli - 2019 - Oxford Journal of Legal Studies 39 (2):374-403.
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  15.  9
    Abolishing Juries of Matrons.Kevin Crosby - 2019 - Oxford Journal of Legal Studies 39 (2):259-284.
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  16.  5
    The Perils of Parliamentarism: The World Intellectual Property Organization and Indigenous Peoples.Charles Lawson, Edwin Bikundo & Kieran Tranter - 2019 - Oxford Journal of Legal Studies 39 (2):285-315.
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  17.  15
    The Contemporary Crisis of Constitutional Democracy†.Martin Loughlin - 2019 - Oxford Journal of Legal Studies 39 (2):435-454.
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  18.  14
    Strained Interpretations.Adam Perry - 2019 - Oxford Journal of Legal Studies 39 (2):316-343.
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  19.  39
    Social Norms and the Internal Point of View: An Elaboration of Hart’s Genealogy of Law.Philip Pettit - 2019 - Oxford Journal of Legal Studies 39 (2):229-258.
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  20.  20
    The Pragmatic Case for Legal Tolerance.Stijn Smet - 2019 - Oxford Journal of Legal Studies 39 (2):344-373.
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  21.  7
    Unfair Terms in Commercial Contracts and the Two Laws of Competition: French Law and English Law Contrasted.Simon Whittaker - 2019 - Oxford Journal of Legal Studies 39 (2):404-434.
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  22.  8
    Rethinking the Story of Cart V Upper Tribunal and Its Implications for Administrative Law.Joanna Bell - 2019 - Oxford Journal of Legal Studies 39 (1):74-99.
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  23.  6
    The Historical Treatment of Arbitration Under English Law and the Development of the Policy Favouring Arbitration.Stavros Brekoulakis - 2019 - Oxford Journal of Legal Studies 39 (1):124-150.
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  24.  9
    The Essence of Rape.Joanne Conaghan - 2019 - Oxford Journal of Legal Studies 39 (1):151-182.
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  25.  6
    Disregarding the Salomon Principle: An Empirical Analysis, 1885–2014.Alan Dignam & Peter B. Oh - 2019 - Oxford Journal of Legal Studies 39 (1):16-49.
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  26.  18
    Crime, Blameworthiness, and Outcomes.James Edwards & Andrew Simester - 2019 - Oxford Journal of Legal Studies 39 (1):50-73.
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  27.  18
    Criminal Justice Unhinged: The Challenge of Guilty Pleas.Richard Nobles & David Schiff - 2019 - Oxford Journal of Legal Studies 39 (1):100-123.
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  28.  25
    The Law’s Own Virtue.Joseph Raz - 2019 - Oxford Journal of Legal Studies 39 (1):1-15.
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  29.  14
    What Is the Best Way to Realise Rights?†.Ioanna Tourkochoriti - 2019 - Oxford Journal of Legal Studies 39 (1):209-228.
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