{"title":"Legislative Capacity and Human Rights in the Age of Populism–Two Challenges for Legislated Rights: Discussion of Legislated Rights – Securing Human Rights Through Legislation","authors":"J. B. Kelly","doi":"10.1093/jrls/jlz024","DOIUrl":"https://doi.org/10.1093/jrls/jlz024","url":null,"abstract":"","PeriodicalId":36820,"journal":{"name":"Jerusalem Review of Legal Studies","volume":"21 1","pages":"94-111"},"PeriodicalIF":0.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/jrls/jlz024","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45870285","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This essay, written for a symposium in the Jerusalem Review of Legal Studies on Legislated Rights: Securing Human Rights Through Legislation (Cambridge University Press 2018, pb 2019), engages with the careful and challenging contributions by Ittai Bar-Siman-Tov, Lech Garlicki, Vicki Jackson, James Kelly, and Yaniv Roznai. Organised around the theme of the relevance of Legislated Rights in the real world of fallible legislatures, the essay explores seven themes: (1) the neglect of the legislature from court-centred modes of human rights discourse; (2) the central case method; (3) the relevance of real world legislatures to the central case method; (4) populism and non-central cases; (5) the good legislator; (6) the specification of rights and the general welfare; and (7) constitutional rights and judicial review.
{"title":"Legislated Rights in the real world","authors":"Grégoire C. N. Webber, Paul Yowell","doi":"10.1093/jrls/jlaa002","DOIUrl":"https://doi.org/10.1093/jrls/jlaa002","url":null,"abstract":"This essay, written for a symposium in the Jerusalem Review of Legal Studies on Legislated Rights: Securing Human Rights Through Legislation (Cambridge University Press 2018, pb 2019), engages with the careful and challenging contributions by Ittai Bar-Siman-Tov, Lech Garlicki, Vicki Jackson, James Kelly, and Yaniv Roznai. Organised around the theme of the relevance of Legislated Rights in the real world of fallible legislatures, the essay explores seven themes: (1) the neglect of the legislature from court-centred modes of human rights discourse; (2) the central case method; (3) the relevance of real world legislatures to the central case method; (4) populism and non-central cases; (5) the good legislator; (6) the specification of rights and the general welfare; and (7) constitutional rights and judicial review.","PeriodicalId":36820,"journal":{"name":"Jerusalem Review of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-05-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/jrls/jlaa002","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49445267","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
A vital function of law is to reduce misconduct and damaging behavior. In order to do so, law needs to somehow come to shape human and organisational behavior. This requires a different approach to law and behavior, an approach that does not look solely at what is the fair and legally sound way to respond to misconduct after it has happened (ex-post), but also how legal rules can shape behavior in the future and thus steer it before it happens (ex-ante). This paper discusses what body of existing empirical knowledge exists to support the law's ex-ante function. It also analyses what biases in traditional ex-post legal thinking obstruct a successful application of the ex-ante empirical knowledge. Doing so it argues for a behavioral jurisprudence that makes the ex-ante function of law central and that corrects biases and flawed assumptions in legal thinking and education.
{"title":"Behavioral Jurisprudence: The Quest for Knowledge about the Ex-ante Function of Law and Behavior","authors":"B. Rooij","doi":"10.1093/JRLS/JLZ016","DOIUrl":"https://doi.org/10.1093/JRLS/JLZ016","url":null,"abstract":"A vital function of law is to reduce misconduct and damaging behavior. In order to do so, law needs to somehow come to shape human and organisational behavior. This requires a different approach to law and behavior, an approach that does not look solely at what is the fair and legally sound way to respond to misconduct after it has happened (ex-post), but also how legal rules can shape behavior in the future and thus steer it before it happens (ex-ante). This paper discusses what body of existing empirical knowledge exists to support the law's ex-ante function. It also analyses what biases in traditional ex-post legal thinking obstruct a successful application of the ex-ante empirical knowledge. Doing so it argues for a behavioral jurisprudence that makes the ex-ante function of law central and that corrects biases and flawed assumptions in legal thinking and education.","PeriodicalId":36820,"journal":{"name":"Jerusalem Review of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/JRLS/JLZ016","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48800565","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Choice Theory and the Economic Analysis of Contracts: Comments on Dagan and Heller's, The Choice Theory of Contracts","authors":"O. Bar‐Gill","doi":"10.1093/jrls/jly036","DOIUrl":"https://doi.org/10.1093/jrls/jly036","url":null,"abstract":"","PeriodicalId":36820,"journal":{"name":"Jerusalem Review of Legal Studies","volume":"20 1","pages":"79-89"},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/jrls/jly036","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43037625","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"A Political Theory for the Jewish People: Response to Comments","authors":"Chaim Gans","doi":"10.1093/jrls/jlz011","DOIUrl":"https://doi.org/10.1093/jrls/jlz011","url":null,"abstract":"","PeriodicalId":36820,"journal":{"name":"Jerusalem Review of Legal Studies","volume":"20 1","pages":"226-259"},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/jrls/jlz011","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45749724","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"History and Political Agency: Comments on Chaim Gans’ A Political Theory for the Jewish People","authors":"A. Inbar","doi":"10.1093/jrls/jly016","DOIUrl":"https://doi.org/10.1093/jrls/jly016","url":null,"abstract":"","PeriodicalId":36820,"journal":{"name":"Jerusalem Review of Legal Studies","volume":"20 1","pages":"172-183"},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/jrls/jly016","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46823819","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"A Normative Inquiry into The Choice Theory of Contracts","authors":"Yotam Kaplan","doi":"10.1093/jrls/jly035","DOIUrl":"https://doi.org/10.1093/jrls/jly035","url":null,"abstract":"","PeriodicalId":36820,"journal":{"name":"Jerusalem Review of Legal Studies","volume":"20 1","pages":"69-78"},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/jrls/jly035","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43614584","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
It is impossible to overestimate the impact and importance that the publication in 1981 of Charles Fried’s Contract as Promise has had on the field of philosophically inclined contract theory. The book was and still is considered seminal. At the time, the very idea of a contract law grounded on liberal premises and as an independent legal category was under sustained attack from the Critical Legal Studies (‘CLS’) movement, which viewed contract law and indeed law generally as an instrument of social control. Like any tool, its value depended on its usefulness for achieving the end to which it was put. Aside from that, it was dispensable.
{"title":"Moving Beyond Promise: A Response to The Choice Theory of Contracts","authors":"P. Saprai","doi":"10.1093/jrls/jly038","DOIUrl":"https://doi.org/10.1093/jrls/jly038","url":null,"abstract":"It is impossible to overestimate the impact and importance that the publication in 1981 of Charles Fried’s Contract as Promise has had on the field of philosophically inclined contract theory. The book was and still is considered seminal. At the time, the very idea of a contract law grounded on liberal premises and as an independent legal category was under sustained attack from the Critical Legal Studies (‘CLS’) movement, which viewed contract law and indeed law generally as an instrument of social control. Like any tool, its value depended on its usefulness for achieving the end to which it was put. Aside from that, it was dispensable.","PeriodicalId":36820,"journal":{"name":"Jerusalem Review of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/jrls/jly038","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49591395","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"From Globordered Families to Globordered Work-Family Reconciliation Around Old Age: Comments on Legalized Families in the Era of Bordered Globalization","authors":"M. Frenkel","doi":"10.1093/jrls/jlz006","DOIUrl":"https://doi.org/10.1093/jrls/jlz006","url":null,"abstract":"","PeriodicalId":36820,"journal":{"name":"Jerusalem Review of Legal Studies","volume":"20 1","pages":"48-57"},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/jrls/jlz006","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46263529","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Legalized Families in the Era of Bordered Globalization as a Platform for Future Research: A Heartfelt Response to Inspiring Comments","authors":"Daphna Hacker","doi":"10.1093/jrls/jlz003","DOIUrl":"https://doi.org/10.1093/jrls/jlz003","url":null,"abstract":"","PeriodicalId":36820,"journal":{"name":"Jerusalem Review of Legal Studies","volume":"20 1","pages":"58-68"},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/jrls/jlz003","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46534253","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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