Pub Date : 2021-01-02DOI: 10.1080/09615768.2021.1891615
M. Minenko
When the 'Spanish Flu' spread to Western Canada, Alberta had in place a Public Health Act authorising Cabinet to pass Orders in Council to deal with any public health issue. Influenced by medical advice and local situation reports, OCs were passed to limit the spread of the 'Spanish Flu'. During autumn 1918, several OCs were passed requiring the wearing of masks and their enforcement. Relying upon digitized government records, newspaper reports, and non-digitized archival records, this study found that the enforcement of mask laws played in important role in reducing the spread of the 'Spanish Flu'. This conclusion is based upon a comparison of the efforts in Alberta's two largest cities, Calgary and Edmonton. Edmonton's delay in enforcement resulted in almost three times the case load and death of that found in Calgary, a city which began enforcement two weeks earlier. A lesson for the future-enforcement saves lives.
{"title":"A Tale of Two Cities: ‘Spanish Flu’ Mask Laws in Alberta, Canada","authors":"M. Minenko","doi":"10.1080/09615768.2021.1891615","DOIUrl":"https://doi.org/10.1080/09615768.2021.1891615","url":null,"abstract":"When the 'Spanish Flu' spread to Western Canada, Alberta had in place a Public Health Act authorising Cabinet to pass Orders in Council to deal with any public health issue. Influenced by medical advice and local situation reports, OCs were passed to limit the spread of the 'Spanish Flu'. During autumn 1918, several OCs were passed requiring the wearing of masks and their enforcement. Relying upon digitized government records, newspaper reports, and non-digitized archival records, this study found that the enforcement of mask laws played in important role in reducing the spread of the 'Spanish Flu'. This conclusion is based upon a comparison of the efforts in Alberta's two largest cities, Calgary and Edmonton. Edmonton's delay in enforcement resulted in almost three times the case load and death of that found in Calgary, a city which began enforcement two weeks earlier. A lesson for the future-enforcement saves lives.","PeriodicalId":88025,"journal":{"name":"King's law journal : KLJ","volume":"7 1","pages":"168 - 177"},"PeriodicalIF":0.0,"publicationDate":"2021-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79398496","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 : 2021-01-02DOI: 10.1080/09615768.2021.1885329
O. Ferraz
Governments responses to the Covid-19 pandemic have included drastic public health measures that restrict personal freedoms on a scale not seen outside of war times. Less attention has been devoted to their impact rights to an adequate standard of living, social security, housing, education, and even the right to health (‘social rights'). This piece explores this less debated but nonetheless important and complex relationship between pandemics and social rights, focusing on the disproportionately negative impact that pandemics and their responses have on the poorer’s health and socio-economic well-being (part I), and on what social rights have to offer, if anything, to address or at least minimise this impact (part II). It concludes that improving social rights and reducing inequalities in normal times is not only a moral and legal duty of governments and societies but also an effective pandemic preparedness measure.
{"title":"Covid-19 and Inequality: The Importance of Social Rights","authors":"O. Ferraz","doi":"10.1080/09615768.2021.1885329","DOIUrl":"https://doi.org/10.1080/09615768.2021.1885329","url":null,"abstract":"Governments responses to the Covid-19 pandemic have included drastic public health measures that restrict personal freedoms on a scale not seen outside of war times. Less attention has been devoted to their impact rights to an adequate standard of living, social security, housing, education, and even the right to health (‘social rights'). This piece explores this less debated but nonetheless important and complex relationship between pandemics and social rights, focusing on the disproportionately negative impact that pandemics and their responses have on the poorer’s health and socio-economic well-being (part I), and on what social rights have to offer, if anything, to address or at least minimise this impact (part II). It concludes that improving social rights and reducing inequalities in normal times is not only a moral and legal duty of governments and societies but also an effective pandemic preparedness measure.","PeriodicalId":88025,"journal":{"name":"King's law journal : KLJ","volume":"1 1","pages":"109 - 121"},"PeriodicalIF":0.0,"publicationDate":"2021-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90208658","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}
The COVID-19 pandemic has forced governments around the world to become innovative in how they carry out their functions. In particular, they need to respond speedily to developments as the scientific evidence evolves. Rules for regulating conduct accordingly need to constantly evolve. The ‘golden met-wand' of law is not particularly well-tuned to assist in such regulation other than at a level of generality. It is unsurprising accordingly that governments have had to ‘supplement' legal provisions with soft law. There is nothing novel about this, but it does raise important questions about the nature of domestic soft law, what role it should play and whether the UK government’s use of it during the period of the pandemic has been appropriate.
{"title":"The Rule of (Soft) Law","authors":"Stephen Daly","doi":"10.2139/ssrn.3732231","DOIUrl":"https://doi.org/10.2139/ssrn.3732231","url":null,"abstract":"The COVID-19 pandemic has forced governments around the world to become innovative in how they carry out their functions. In particular, they need to respond speedily to developments as the scientific evidence evolves. Rules for regulating conduct accordingly need to constantly evolve. The ‘golden met-wand' of law is not particularly well-tuned to assist in such regulation other than at a level of generality. It is unsurprising accordingly that governments have had to ‘supplement' legal provisions with soft law. There is nothing novel about this, but it does raise important questions about the nature of domestic soft law, what role it should play and whether the UK government’s use of it during the period of the pandemic has been appropriate.","PeriodicalId":88025,"journal":{"name":"King's law journal : KLJ","volume":"41 1","pages":"3 - 13"},"PeriodicalIF":0.0,"publicationDate":"2020-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88112996","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 : 2020-11-29DOI: 10.1080/09615768.2020.1838714
O. Ferraz
In Evidence for Hope, Making Human Rights Work in the 21st Century (Princeton University Press, 2017), Kathryn Sikkink carries out a thorough discussion of the related issues of the legitimacy and ...
{"title":"Does Human Rights Law Work? Perception, Reality and the Challenges of Distinguishing Both. A Commentary on Sikkink’s Evidence for Hope.","authors":"O. Ferraz","doi":"10.1080/09615768.2020.1838714","DOIUrl":"https://doi.org/10.1080/09615768.2020.1838714","url":null,"abstract":"In Evidence for Hope, Making Human Rights Work in the 21st Century (Princeton University Press, 2017), Kathryn Sikkink carries out a thorough discussion of the related issues of the legitimacy and ...","PeriodicalId":88025,"journal":{"name":"King's law journal : KLJ","volume":"16 1","pages":"337-344"},"PeriodicalIF":0.0,"publicationDate":"2020-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78327510","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 : 2020-11-16DOI: 10.1080/09615768.2020.1838712
M. McConville, L. Marsh
This article focuses upon the role played by the senior judiciary in policy-making in criminal justice in England and Wales with particular reference to initiatives which have shaped the system its...
{"title":"Judicial Oversight in Criminal Justice and Procedural Legality","authors":"M. McConville, L. Marsh","doi":"10.1080/09615768.2020.1838712","DOIUrl":"https://doi.org/10.1080/09615768.2020.1838712","url":null,"abstract":"This article focuses upon the role played by the senior judiciary in policy-making in criminal justice in England and Wales with particular reference to initiatives which have shaped the system its...","PeriodicalId":88025,"journal":{"name":"King's law journal : KLJ","volume":"38 1","pages":"345 - 380"},"PeriodicalIF":0.0,"publicationDate":"2020-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89116852","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 : 2020-09-01DOI: 10.1080/09615768.2020.1838722
J. Tasioulas
I have long admired Kathryn Sikkink’s work on human rights for its argumentative rigour and empirical depth, and also for the passionate yet reasoned commitment to the cause of human rights that it...
{"title":"Kathryn Sikkink’s Evidence for Hope: Three Questions","authors":"J. Tasioulas","doi":"10.1080/09615768.2020.1838722","DOIUrl":"https://doi.org/10.1080/09615768.2020.1838722","url":null,"abstract":"I have long admired Kathryn Sikkink’s work on human rights for its argumentative rigour and empirical depth, and also for the passionate yet reasoned commitment to the cause of human rights that it...","PeriodicalId":88025,"journal":{"name":"King's law journal : KLJ","volume":"66 1","pages":"353 - 357"},"PeriodicalIF":0.0,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76675288","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 : 2020-09-01DOI: 10.1080/09615768.2020.1815938
C. Carmichael
In many jurisdictions, governments award fiscal privileges to the nonprofit organisations they have granted ‘charitable’ or ‘public-benefit’ status. 1 To be eligible for this status, the organisati...
{"title":"We Should Talk: Framing and Connecting the Legal Literatures on Charity Finance and Campaign Finance","authors":"C. Carmichael","doi":"10.1080/09615768.2020.1815938","DOIUrl":"https://doi.org/10.1080/09615768.2020.1815938","url":null,"abstract":"In many jurisdictions, governments award fiscal privileges to the nonprofit organisations they have granted ‘charitable’ or ‘public-benefit’ status. 1 To be eligible for this status, the organisati...","PeriodicalId":88025,"journal":{"name":"King's law journal : KLJ","volume":"82 1","pages":"402 - 425"},"PeriodicalIF":0.0,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76777662","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 : 2020-09-01DOI: 10.1080/09615768.2020.1838729
J. Tasioulas
Early in Trials of the State: Law and the Decline of Politics, which is based on his 2019 Reith Lectures, former United Kingdom Supreme Court judge Jonathan Sumption characterises the theme of the ...
{"title":"Sumption on Law, Democracy, and Human Rights","authors":"J. Tasioulas","doi":"10.1080/09615768.2020.1838729","DOIUrl":"https://doi.org/10.1080/09615768.2020.1838729","url":null,"abstract":"Early in Trials of the State: Law and the Decline of Politics, which is based on his 2019 Reith Lectures, former United Kingdom Supreme Court judge Jonathan Sumption characterises the theme of the ...","PeriodicalId":88025,"journal":{"name":"King's law journal : KLJ","volume":"50 1","pages":"467 - 479"},"PeriodicalIF":0.0,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89214834","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 : 2020-09-01DOI: 10.1080/09615768.2020.1815937
V. Ball
The modern dominance of negligence in tort law has, at least in the eyes of some authors and theorists, caused an emphasis on loss and compensation as the primary role or focus of tort law. 1 As th...
{"title":"The Influence of ‘Loss’ in the Property Torts","authors":"V. Ball","doi":"10.1080/09615768.2020.1815937","DOIUrl":"https://doi.org/10.1080/09615768.2020.1815937","url":null,"abstract":"The modern dominance of negligence in tort law has, at least in the eyes of some authors and theorists, caused an emphasis on loss and compensation as the primary role or focus of tort law. 1 As th...","PeriodicalId":88025,"journal":{"name":"King's law journal : KLJ","volume":"30 1","pages":"426 - 443"},"PeriodicalIF":0.0,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78487655","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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