Pub Date : 2022-01-02DOI: 10.1080/09615768.2022.2034590
B. Mcfarlane
institutions provide individuals with two inestimable advantages in relation to the areas of conduct they cover. These are (1) the advantage to the individual of determining by his choice what the future shall be and (2) the advantage of being able to predict what the future will be.
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Pub Date : 2022-01-02DOI: 10.1080/09615768.2022.2034592
N. Sage
Travelling through some country that observes the common law you might come across a stranger on the road who asks for help—for food, or shelter, or a ride to the next town, or assistance with their vehicle. You might be able to supply this assistance, and they willing to reimburse you for it. Nevertheless, you would be entitled to ignore their appeal and pass by on the other side. This striking rule has attracted the attention of legal theorists, especially proponents and opponents of the broadly liberal tradition. The rule arguably shows the commitment of the common law—or at least the part of the law governing private individuals—to a strong conception of individual freedom or autonomy in interpersonal relations. Indeed, for some theorists influenced by Kant’s legal philosophy, the rule shows that private individuals are essentially independent of each other. But what if, in some country subject to ‘the good old common law’, you ran a business that provided certain goods, services, or facilities to the public—an inn offering meals and rooms for the night, or a railway with a regular passenger service, or even a forge for fixing broken horseshoes? Here the law would not allow you to ignore a stranger who arrived at your premises seeking your help and willing to reimburse you. You would be liable for damages if you turned them away without good reason. This striking rule has attracted less theoretical attention, but is one key piece of evidence Hanoch Dagan discusses in chapter five of his Liberal Theory of Property. Dagan seeks to articulate a liberal theory of private law in general, and of property law in particular, which is more persuasive than the Kantian theory. According to Dagan, private individuals are autonomous or self-determining. But they are not merely independent of each other; rather they stand in a more generous sort of relation. Each person is obliged to accommodate each other’s self-determination—which may mean taking active steps to help. Dagan argues that this principle explains, among other things,
{"title":"Liberalism and the Common Callings","authors":"N. Sage","doi":"10.1080/09615768.2022.2034592","DOIUrl":"https://doi.org/10.1080/09615768.2022.2034592","url":null,"abstract":"Travelling through some country that observes the common law you might come across a stranger on the road who asks for help—for food, or shelter, or a ride to the next town, or assistance with their vehicle. You might be able to supply this assistance, and they willing to reimburse you for it. Nevertheless, you would be entitled to ignore their appeal and pass by on the other side. This striking rule has attracted the attention of legal theorists, especially proponents and opponents of the broadly liberal tradition. The rule arguably shows the commitment of the common law—or at least the part of the law governing private individuals—to a strong conception of individual freedom or autonomy in interpersonal relations. Indeed, for some theorists influenced by Kant’s legal philosophy, the rule shows that private individuals are essentially independent of each other. But what if, in some country subject to ‘the good old common law’, you ran a business that provided certain goods, services, or facilities to the public—an inn offering meals and rooms for the night, or a railway with a regular passenger service, or even a forge for fixing broken horseshoes? Here the law would not allow you to ignore a stranger who arrived at your premises seeking your help and willing to reimburse you. You would be liable for damages if you turned them away without good reason. This striking rule has attracted less theoretical attention, but is one key piece of evidence Hanoch Dagan discusses in chapter five of his Liberal Theory of Property. Dagan seeks to articulate a liberal theory of private law in general, and of property law in particular, which is more persuasive than the Kantian theory. According to Dagan, private individuals are autonomous or self-determining. But they are not merely independent of each other; rather they stand in a more generous sort of relation. Each person is obliged to accommodate each other’s self-determination—which may mean taking active steps to help. Dagan argues that this principle explains, among other things,","PeriodicalId":88025,"journal":{"name":"King's law journal : KLJ","volume":"77 1","pages":"43 - 52"},"PeriodicalIF":0.0,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78887052","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 : 2021-10-20DOI: 10.1080/09615768.2022.2034582
Ross P. Buckley, Natalia Jevglevskaja, Scott Farrell
Open Banking is increasingly popular globally and is generally understood as the right of consumers to share their banking data with third parties of their choice so these can offer a better value for money service. While the EU and UK pioneered the development of Open Banking, Australia has adopted it and applied the concept of consumer data portability far more broadly. Its Consumer Data Right (CDR) regime, introduced in 2019, is unique in its intention to implement economy-wide data sharing across banking, energy, telecommunications, pensions, insurance, groceries, health, education, and other sectors. Although the legal frameworks in all three jurisdictions are in a state of flux, we analyse five lessons Europe can learn from Australia’s experience with its CDR regime to date and suggest a sixth lesson. We argue for nuanced regulation which promotes the benefits, while minimising the risks, of data sharing.
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Pub Date : 2021-09-02DOI: 10.1080/09615768.2021.1975590
Conall Mallory, H. Tyrrell
The Human Rights Act (HRA) has long been hailed for solving the historic tension between judicial oversight of rights protection and democratic legitimacy through the ‘elegant’ and ‘ingenious schem...
长期以来，《人权法案》(Human Rights Act，简称HRA)一直被称赞为通过“优雅”和“巧妙”的方案解决了司法监督维权与民主合法性之间的历史紧张关系。
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Pub Date : 2021-09-02DOI: 10.1080/09615768.2021.1994735
Ann Mumford
The Dynamics of Taxation: Essays in Honour of Judith Freedman, edited by Glen Loutzenhiser and Rita de la Feria, offers a wide array of chapters, by important scholars, on issues of key importance in taxation legal scholarship. It also presents an opportunity to pause and reflect upon the significant contributions of Professor Judith Freedman, the Inaugural Chair of Taxation Law at Oxford University. This opportunity is noted and fulfilled in engaging foreword sections written by John Avery Jones and Philip Baker, recounting this significant period in British legal academe. The warmth of the introduction, written by Glen Loutzenhiser and Rita de la Feria, establishes a tone which carries throughout the collection, which manages to be scholarly, informal, rigorous, a forum for new proposals, and a place to consider fond recollections. In many ways, one of the most pleasurable interactions for the reader with the collection occurs with the Table of
由格伦·卢岑海瑟和丽塔·德拉费里亚编辑的《税收的动力:纪念朱迪思·弗里德曼的论文》提供了一系列由重要学者撰写的章节，讨论了税收法律学术中至关重要的问题。它也提供了一个机会，让我们停下来反思牛津大学税法首任主席朱迪思弗里德曼教授的重大贡献。约翰·艾弗里·琼斯(John Avery Jones)和菲利普·贝克(Philip Baker)撰写了引人入胜的前言部分，叙述了英国法律学术界的这一重要时期，并指出了这一机会。由Glen Loutzenhiser和Rita de la Feria撰写的温暖的介绍建立了贯穿整个收藏的基调，其学术，非正式，严谨，是新建议的论坛，也是考虑美好回忆的地方。在许多方面，读者与集合最愉快的互动之一发生在Table of
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Pub Date : 2021-08-01DOI: 10.1080/09615768.2021.1953815
N. Harris
Mediation is intended to provide a less formal and more collaborative forum for dispute resolution than a court or tribunal and one in which the parties themselves can actively participate in reaching a settlement. There is an assumption that, guided by a skilled mediator, they can do so without lawyer assistance. Indeed, the presence of lawyers tends to be discouraged, deemed not conducive to the informality and the non-adversarial character of mediation. Yet in a mediation there is often an imbalance of power and inequality of arms and fundamental rights can be at issue. One such area is special educational needs (SEN), applicable to nearly 1.5 million children in England, a field where disputes between families and local authorities are common. This article examines the case for and against lawyer involvement in mediations of this kind and considers what might be the most appropriate model of such involvement.
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Pub Date : 2021-07-29DOI: 10.1080/09615768.2021.1951498
M. Gordon
The age of Trump may now be over, but attempts to understand the legacy of this extraordinary presidency are no less urgent as a result. Timothy Kuhner’s book Tyranny of Greed: Trump, Corruption an...
{"title":"Timothy Kuhner, Tyranny of Greed: Trump, Corruption and the Revolution to Come (Stanford University Press, 2020)","authors":"M. Gordon","doi":"10.1080/09615768.2021.1951498","DOIUrl":"https://doi.org/10.1080/09615768.2021.1951498","url":null,"abstract":"The age of Trump may now be over, but attempts to understand the legacy of this extraordinary presidency are no less urgent as a result. Timothy Kuhner’s book Tyranny of Greed: Trump, Corruption an...","PeriodicalId":88025,"journal":{"name":"King's law journal : KLJ","volume":"18 5 1","pages":"502 - 509"},"PeriodicalIF":0.0,"publicationDate":"2021-07-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75576460","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 : 2021-07-12DOI: 10.1080/09615768.2021.1951496
Robert G. Heywood
The ongoing Covid-19 pandemic has caused National Health Service (NHS) frontline operations to be stretched to near breaking point.1 Despite coming under immense pressure, the service held firm at ...
{"title":"Systemic Negligence and NHS Hospitals: An Underutilised Argument","authors":"Robert G. Heywood","doi":"10.1080/09615768.2021.1951496","DOIUrl":"https://doi.org/10.1080/09615768.2021.1951496","url":null,"abstract":"The ongoing Covid-19 pandemic has caused National Health Service (NHS) frontline operations to be stretched to near breaking point.1 Despite coming under immense pressure, the service held firm at ...","PeriodicalId":88025,"journal":{"name":"King's law journal : KLJ","volume":"8 1","pages":"437 - 465"},"PeriodicalIF":0.0,"publicationDate":"2021-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75000317","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 : 2021-05-04DOI: 10.1080/09615768.2021.1951497
L. Rodgers
Such a concentration of powers can be brought about only as a consequence of an agreement reached between individuals. But the self-preservation of each single man derives primarily from his own strength and from his freedom. How, then, can he limit these without, at the same time, doing himself an injury and neglecting that care which it is his duty to devote to his own resources? Jean-Jacques Rousseau, The Social Contract
{"title":"The ILO, Social Contracts and the Human-Centred Approach to Work","authors":"L. Rodgers","doi":"10.1080/09615768.2021.1951497","DOIUrl":"https://doi.org/10.1080/09615768.2021.1951497","url":null,"abstract":"Such a concentration of powers can be brought about only as a consequence of an agreement reached between individuals. But the self-preservation of each single man derives primarily from his own strength and from his freedom. How, then, can he limit these without, at the same time, doing himself an injury and neglecting that care which it is his duty to devote to his own resources? Jean-Jacques Rousseau, The Social Contract","PeriodicalId":88025,"journal":{"name":"King's law journal : KLJ","volume":"252 1","pages":"207 - 227"},"PeriodicalIF":0.0,"publicationDate":"2021-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73513842","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 : 2021-05-04DOI: 10.1080/09615768.2021.1969757
K. Ewing
One of the most notable developments in relation to the ILO for more than 20 years has been the reference to ILO standards in an increasingly diverse range of sources. These include corporate codes, global framework agreements, judicial decisions, the OECD Guidelines on Multinational Enterprises, and the UN Guiding Principles on Business and Human Rights, as well as bilateral and pluri-lateral free trade agreements and elsewhere. There is no shortage now of commitments to the ILO despite the employer generated controversy about its standards, though it cannot be said that the commitment is reflected in compliance. As labour standards continue to erode globally, the ILO provides much needed decoration in a liberal economic climate. In this article it is proposed with some scepticism to examine yet another frontier for ILO standards as the organisation passes its centenary. This is the EU-UK Trade and Cooperation Agreement (TCA) concluded in 2020 to deal with the relationship between the EU and the UK after Brexit. It may seem strange that what many (myself included) regard as a regressive step should contain the soil in which labour standards can grow
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