‘Legitimacy’ is a notoriously elusive term, over-used and under-specified. So the first thing I will do is to explain the sense in which I plan to use ‘legitimacy’ in this essay. Do not, please, argue with me and say: “That is not ‘legitimacy’! It means something else!” This is how I plan to use it, and I hope to convince you that it is a useful way for articulating something terribly important about the present crisis and the current state of European integration.
{"title":"Europe in Crisis - On ‘Political Messianism’, ‘Legitimacy’ and the ‘Rule of Law’","authors":"J. H. H. Weiler","doi":"10.2139/SSRN.2255263","DOIUrl":"https://doi.org/10.2139/SSRN.2255263","url":null,"abstract":"‘Legitimacy’ is a notoriously elusive term, over-used and under-specified. So the first thing I will do is to explain the sense in which I plan to use ‘legitimacy’ in this essay. Do not, please, argue with me and say: “That is not ‘legitimacy’! It means something else!” This is how I plan to use it, and I hope to convince you that it is a useful way for articulating something terribly important about the present crisis and the current state of European integration.","PeriodicalId":38330,"journal":{"name":"Singapore Journal of Legal Studies","volume":"1 1","pages":"248"},"PeriodicalIF":0.0,"publicationDate":"2012-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68034306","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 Public Lecture, delivered at the Singapore Academy of Law, provides an overview of the history and elements of the rule of law. I begin with a definition of the rule of law, and I elaborate on what this definition entails as well as what it excludes. I then explore three core themes: 1) government limited by law, 2) formal legality, and 3) “the rule of law, not man.” With respect to each theme, I describe strengths as well as limitations of the rule of law. In closing, I identify the key source of the rule of law in society, and I mention the diversity of manifestations of the rule of law across societies. A central theme of the essay is that the rule of law, while delivering many benefits, does not by itself insure a just government or society.
{"title":"The History and Elements of the Rule of Law","authors":"B. Tamanaha","doi":"10.2139/SSRN.2012845","DOIUrl":"https://doi.org/10.2139/SSRN.2012845","url":null,"abstract":"This Public Lecture, delivered at the Singapore Academy of Law, provides an overview of the history and elements of the rule of law. I begin with a definition of the rule of law, and I elaborate on what this definition entails as well as what it excludes. I then explore three core themes: 1) government limited by law, 2) formal legality, and 3) “the rule of law, not man.” With respect to each theme, I describe strengths as well as limitations of the rule of law. In closing, I identify the key source of the rule of law in society, and I mention the diversity of manifestations of the rule of law across societies. A central theme of the essay is that the rule of law, while delivering many benefits, does not by itself insure a just government or society.","PeriodicalId":38330,"journal":{"name":"Singapore Journal of Legal Studies","volume":"1 1","pages":"232"},"PeriodicalIF":0.0,"publicationDate":"2012-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2139/SSRN.2012845","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67851308","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}
Beginning life in 1959 as the University of Malaya Law Review, the journal has undergone several transformations over the past half century, becoming first the Malaya Law Review and then the Singapore Journal of Legal Studies. In addition,it has also spawned two other journals - the Singapore Journal of International and Comparative Law (now the Singapore Yearbook of International Law) and the Asian Journal of Comparative Law. This essay takes a historical look at the development of the journal and the key personalities who have made it one of Asia's most respected legal publications.
{"title":"The Journey of a Journal: 50 Years of the Singapore Journal of Legal Studies","authors":"Kevin Y. L. Tan","doi":"10.2139/SSRN.1489312","DOIUrl":"https://doi.org/10.2139/SSRN.1489312","url":null,"abstract":"Beginning life in 1959 as the University of Malaya Law Review, the journal has undergone several transformations over the past half century, becoming first the Malaya Law Review and then the Singapore Journal of Legal Studies. In addition,it has also spawned two other journals - the Singapore Journal of International and Comparative Law (now the Singapore Yearbook of International Law) and the Asian Journal of Comparative Law. This essay takes a historical look at the development of the journal and the key personalities who have made it one of Asia's most respected legal publications.","PeriodicalId":38330,"journal":{"name":"Singapore Journal of Legal Studies","volume":"8 1","pages":"1"},"PeriodicalIF":0.0,"publicationDate":"2009-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68186656","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 evident in current legal literature that the potentially vital role played by grandparents in the lives of children affected by parental divorce is not given serious consideration in court decisions on the custody, care and control of children since parents are recognized as the only persons with parental authority. The law is slow to intervene with the natural authority accorded to parents over their child. A central issue in this article is this: what place should grandparents occupy when a child is undergoing the trauma of parental divorce? In particular, when a judge adjudicates or conducts mediation in a case where two parents are seeking care and control of a child, should he or she also have regard to, or even seek out more information on the support that the grandparents can give to the child? We present a three-fold argument in this article: (a) the grandparent's role does not inevitably interfere with the rights of natural parents protected by the common law; (b) grandparents can contribute significantly to the well-being of the child when parents face serious crises and/or are unable to perform their normal role obligations; and (c) the court should take on a more inquisitorial role in cases involving children of divorced parents and have regard to the presence of grandparents in determining what is the welfare of the child. We discuss this three-fold argument in the light of findings from studies in several countries with particular attention to the situation in Singapore.
{"title":"Grandparenting in Divorced Families","authors":"D. Ong, S. Quah","doi":"10.2307/j.ctt1t8906t.10","DOIUrl":"https://doi.org/10.2307/j.ctt1t8906t.10","url":null,"abstract":"It is evident in current legal literature that the potentially vital role played by grandparents in the lives of children affected by parental divorce is not given serious consideration in court decisions on the custody, care and control of children since parents are recognized as the only persons with parental authority. The law is slow to intervene with the natural authority accorded to parents over their child. A central issue in this article is this: what place should grandparents occupy when a child is undergoing the trauma of parental divorce? In particular, when a judge adjudicates or conducts mediation in a case where two parents are seeking care and control of a child, should he or she also have regard to, or even seek out more information on the support that the grandparents can give to the child? We present a three-fold argument in this article: (a) the grandparent's role does not inevitably interfere with the rights of natural parents protected by the common law; (b) grandparents can contribute significantly to the well-being of the child when parents face serious crises and/or are unable to perform their normal role obligations; and (c) the court should take on a more inquisitorial role in cases involving children of divorced parents and have regard to the presence of grandparents in determining what is the welfare of the child. We discuss this three-fold argument in the light of findings from studies in several countries with particular attention to the situation in Singapore.","PeriodicalId":38330,"journal":{"name":"Singapore Journal of Legal Studies","volume":"1 1","pages":"25"},"PeriodicalIF":0.0,"publicationDate":"2007-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68722361","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}
Pub Date : 2007-01-10DOI: 10.5040/9781472561350.ch-011
W. Wan
This article examines the theoretical justifications in awarding restitutionary damages for civil wrongs and argues that restitutionary damages should be available as of right so long as appropriate rules of causation and remoteness to the different kinds of wrongs are developed as well. In addition the scope of proprietary remedies should be rationalised and should only be explicable on institutional constructive trust principles. Only exceptionally should the remedial constructive trust be invoked.
{"title":"Restitution for Wrongs","authors":"W. Wan","doi":"10.5040/9781472561350.ch-011","DOIUrl":"https://doi.org/10.5040/9781472561350.ch-011","url":null,"abstract":"This article examines the theoretical justifications in awarding restitutionary damages for civil wrongs and argues that restitutionary damages should be available as of right so long as appropriate rules of causation and remoteness to the different kinds of wrongs are developed as well. In addition the scope of proprietary remedies should be rationalised and should only be explicable on institutional constructive trust principles. Only exceptionally should the remedial constructive trust be invoked.","PeriodicalId":38330,"journal":{"name":"Singapore Journal of Legal Studies","volume":"1998 1","pages":"299-330"},"PeriodicalIF":0.0,"publicationDate":"2007-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.5040/9781472561350.ch-011","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70514526","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}
Pub Date : 2005-01-01DOI: 10.4324/9780080966939-16
J. Devereux
{"title":"Law of tort","authors":"J. Devereux","doi":"10.4324/9780080966939-16","DOIUrl":"https://doi.org/10.4324/9780080966939-16","url":null,"abstract":"","PeriodicalId":38330,"journal":{"name":"Singapore Journal of Legal Studies","volume":"2005 1","pages":"301-303"},"PeriodicalIF":0.0,"publicationDate":"2005-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70565716","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}
Pub Date : 2002-12-01DOI: 10.1093/ACPROF:OSO/9780199264353.003.0011
Geoff Morse
The introduction of the limited liability partnership (LLP) into UK law has taken place against the backdrop of two fundamental law reform projects - one on company law which is currently being considered by the Government and one on partnerships and limited partnerships which is being conducted by the Law Commissions of England and Wales and Scotland - but oddly without reference to or by either. This article considers the unusual gestation process and resulting legal regulation and structure of the LLP against this background of law reform. It also considers whether the LLP will be used and/or is useable - in particular as a vehicle for obtaining immunity for members of the professions from direct or vicarious liability for negligent misstatements; whether the internal structure will be suitable for small businesses; and whether an appropriate creditor/member balance has been achieved. The article then considers some aspects of partnership law reform generally, welcoming the proposals for legal personality, continuity of association and simplification of the definition of a partnership. It suggests revisions to the proposals on contemplated partnerships, the effects of a repudiatory breach on a partnership agreement and the interaction of potentially conflicting fiduciary duties if legal personality is introduced. Finally it suggests a new approach to the law on the liability of innocent partners for the accessory liability of one partner incurred in connection with the firm's activities.
{"title":"Partnerships for the 21st Century? - Limited Liability Partnerships and Partnership Law Reform in the United Kingdom","authors":"Geoff Morse","doi":"10.1093/ACPROF:OSO/9780199264353.003.0011","DOIUrl":"https://doi.org/10.1093/ACPROF:OSO/9780199264353.003.0011","url":null,"abstract":"The introduction of the limited liability partnership (LLP) into UK law has taken place against the backdrop of two fundamental law reform projects - one on company law which is currently being considered by the Government and one on partnerships and limited partnerships which is being conducted by the Law Commissions of England and Wales and Scotland - but oddly without reference to or by either. This article considers the unusual gestation process and resulting legal regulation and structure of the LLP against this background of law reform. It also considers whether the LLP will be used and/or is useable - in particular as a vehicle for obtaining immunity for members of the professions from direct or vicarious liability for negligent misstatements; whether the internal structure will be suitable for small businesses; and whether an appropriate creditor/member balance has been achieved. The article then considers some aspects of partnership law reform generally, welcoming the proposals for legal personality, continuity of association and simplification of the definition of a partnership. It suggests revisions to the proposals on contemplated partnerships, the effects of a repudiatory breach on a partnership agreement and the interaction of potentially conflicting fiduciary duties if legal personality is introduced. Finally it suggests a new approach to the law on the liability of innocent partners for the accessory liability of one partner incurred in connection with the firm's activities.","PeriodicalId":38330,"journal":{"name":"Singapore Journal of Legal Studies","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2002-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60649465","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 article examines the income tax treatment of a married couple who are living together. The law requires the income of the wife to be aggregated to the income of her husband, upon which it is taxed as the income of one individual in the name of the husband. Although it is possible for the wife to opt for separate taxation, the default position is still based on income aggregation. This article examines the law, the possible reasons for it, and its consequences. The continued use of the income aggregation principle is questioned, and an alternative approach is suggested.
{"title":"Income Taxation of the Husband and Wife","authors":"K. B. Soh","doi":"10.2307/792489","DOIUrl":"https://doi.org/10.2307/792489","url":null,"abstract":"This article examines the income tax treatment of a married couple who are living together. The law requires the income of the wife to be aggregated to the income of her husband, upon which it is taxed as the income of one individual in the name of the husband. Although it is possible for the wife to opt for separate taxation, the default position is still based on income aggregation. This article examines the law, the possible reasons for it, and its consequences. The continued use of the income aggregation principle is questioned, and an alternative approach is suggested.","PeriodicalId":38330,"journal":{"name":"Singapore Journal of Legal Studies","volume":"1 1","pages":"422"},"PeriodicalIF":0.0,"publicationDate":"1995-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2307/792489","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68581211","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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