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  1.  6
    Unjust Enrichment: What We Owe to Each Other.Tatiana Cutts - 2021 - Oxford Journal of Legal Studies 41 (1):114-141.
    In some quarters, the focus of unjust enrichment scholarship has shifted from loss and gain towards the defendant’s ‘involvement in the story’—what she has done to warrant liability. The goal of this shift is to fit unjust enrichment within the ‘doer-sufferer’ template of ‘corrective justice’ theories of private law. I argue that this shift fails to reconcile unjust enrichment with the commitment to equal freedom upon which these theories depend. But we can justify restitution without forsaking the Kantian concern with (...)
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  2.  4
    What Is Wrong with Empirical-Legal Research Into Victimhood? A Critical Analysis of the Ordered Apology and the Victim Impact Statement.Vincent Geeraets & Wouter Veraart - 2021 - Oxford Journal of Legal Studies 41 (1):59-79.
    The central question in this article is whether an empirical-legal approach to victimhood and victim rights could offer a sufficient basis for proposals for reform of the legal system. In this article, we choose a normative-critical approach and raise some objections to the way in which part of such research is currently taking place, on the basis of two examples of research in this field, one dealing with compelled apologies as a remedy within civil law and the other with the (...)
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  3.  2
    The European Union as a Global Regulatory Power†.Ioanna Hadjiyianni - 2021 - Oxford Journal of Legal Studies 41 (1):243-264.
    Global regulatory interdependence is increasingly prevalent, with decision makers often affected by choices of jurisdictions in faraway places. Anu Bradford’s The Brussels Effect makes a significant contribution to our understanding of power in contemporary societies, which extends beyond military and normative power to power defined by regulatory capacity and market forces. Bradford empirically traces the global regulatory power of the European Union, which affects foreign business practices and policy choices, and theoretically identifies the prerequisites for the emergence of this phenomenon. (...)
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  4.  4
    Legality, Legitimacy, and Legislation: The Role of Exceptional Circumstances in Common Law Judicial Review.Hayley J. Hooper - 2021 - Oxford Journal of Legal Studies 41 (1):142-168.
    Preventing the overconcentration of power is a central component of Western constitutional thought. However, in the British constitution power is generally concentrated in representative legislatures. Although these legislatures generally possess legitimating characteristics that courts lack, we cannot assume that this balance will hold true for all time. This article argues that the common law judicial review jurisdiction contains a power to invalidate the Acts of representative legislatures in certain extreme, hypothetical situations. The seeds of this line of thought began with (...)
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  5.  2
    Authenticity:The Ultimate Challenge in the Quest for Lasting Constitutional Legitimacy†.Ming-Sung Kuo - 2021 - Oxford Journal of Legal Studies 41 (1):265-287.
    The recent upsurge of populism has prompted a wave of theoretical reflections on constitutional democracy. Echoing Max Weber’s sociology of legitimate authority, Bruce Ackerman’s Revolutionary Constitutions: Charismatic Leadership and the Rule of Law stands out from the crowd by providing an ambitious trichotomy of constitutional legitimacy—revolutionary, establishmentarian and elitist—with a focus on the revolutionary pathway. Engaging with Ackerman’s theoretical modelling of the relationship between constitutionalism and legitimate authority, I argue that the resurgence of popular sovereignty, as embodied in We the (...)
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  6. Conceptualising the Victim in England and Wales and the United States Within a Spectrum of Public and Private Interests.Marie Manikis - 2021 - Oxford Journal of Legal Studies 41 (1):219-242.
    The conception of the victim in criminal justice systems has changed across history and legal systems. A framework that considers the private and public along a spectrum and offers nuances between private and public interests illuminates the ways victims have been conceived within mechanisms of participation in various criminal justice systems and the ways they can oscillate and have oscillated within these categories. This article argues that in England and Wales, victims have been conceived as citizens with both private and (...)
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  7.  10
    How the Law Guides.Joshua Pike - 2021 - Oxford Journal of Legal Studies 41 (1):169-191.
    The concept of guidance lies at the heart of normativity. It follows, according to the common view that the law necessarily claims to be normative, that guidance must play a central role in understanding the law. This article focuses on two questions about guidance: what distinguishes normative guidance from non-normative guidance; and what is involved in using something as a reason and as a norm so that we are normatively guided by that something. In doing so, two features of how (...)
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  8.  5
    The Starting at Home Principle: On Ritual Animal Slaughter, Male Circumcision and Proportionality.Iddo Porat - 2021 - Oxford Journal of Legal Studies 41 (1):30-58.
    — Many argue that ritual animal slaughter and male circumcision should be banned using a balancing and proportionality approach: freedom of religion considerations are outweighed by the infringements of the rights of children and animals. I argue that the proportionality approach to the problem is misguided and suggest applying an approach that I term starting at home: members of a minority have a right not to be subjected to more stringent moral criteria than the majority is willing to subject itself (...)
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  9.  2
    Judicial Development of the Criminal Law by the Supreme Court.Findlay Stark - 2021 - Oxford Journal of Legal Studies 41 (1):1-29.
    It will be argued that the United Kingdom Supreme Court should be bound by certain restrictions on its ability to develop the substantive criminal law: the UKSC’s decision must plausibly be part of an continuing legal narrative, not a fresh ‘striking out’ in a new direction; the UKSC should not make decisions that permit the conviction of the defendant when this development could not reasonably have been predicted, ex ante; the UKSC should take account of the ‘mood music’ of Parliament, (...)
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  10.  2
    On the Moral Necessity of Tort Law: The Fairness Argument.Sandy Steel - 2021 - Oxford Journal of Legal Studies 41 (1):192-218.
    Various theorists have claimed that by prohibiting certain responses to violations of rights by legal subjects, the legal system owes legal subjects something in return, and that something should take the form of tort law. My overall claim is that the best version of this ‘fairness argument’ for a duty to provide tort law is of limited success. The fairness argument, at best, shows that legal systems are under a pro tanto duty to provide only a highly limited form of (...)
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  11.  3
    Regulating Libra.Dirk A. Zetzsche, Ross P. Buckley & Douglas W. Arner - 2021 - Oxford Journal of Legal Studies 41 (1):80-113.
    Libra is the first private cryptocurrency with the potential to change the landscape of global payment and monetary systems. Due to the scale and reach provided by its affiliation with Facebook, the question is not whether, but how, to regulate it. This article introduces the Libra project and analyses the potential responses open to regulators worldwide. We conclude that perhaps the greatest impact will come not from Libra itself, but rather from reactions to it, particularly by other BigTechs, incumbent financial (...)
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