Pub Date : 2020-09-01DOI: 10.1080/09615768.2020.1815941
Eliza Varney
Contract law has a multidimensional role permeating the economic and social spheres of life, connecting people in mutual relations. Despite its potential, contract law is largely overlooked by the UN Convention on the Rights of Persons with Disabilities (CRPD). Moreover, contract law is often examined through a unidimensional lens, facilitating transactions between economic actors. English contract law, rooted in the classical pillars of sanctity and freedom of contract, makes no exception. The links between the values pursued by the CRPD and English contract law are akin to unfinished bridges. The completion of these bridges is imperative, given the likely increase in the number of parties whose capacity to understand the implications of transactions is affected by mental health conditions, including dementia. Focusing on undue influence and unconscionability, this article searches for a vision of contact law that embraces social values, especially the CRPD value of respect for human dignity.
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Pub Date : 2020-09-01DOI: 10.1080/09615768.2020.1838718
E. Pils
Sikkink offers some clear and much-needed correctives to narratives of international human rights law as western imposition. Despite these great merits, the value of her assessment that 'overall, there is less violence and fewer human rights violations in the world than there were in the past' is questionable, especially when we consider that making the harms resulting from human rights violations visible is harder in closed than in open societies, and that the world is currently experiencing a wave of autocratisation. It is all the more important for human rights defenders to remember that hope does not require evidence to be sustained.
{"title":"Hope without Evidence: Reading Sikkink’s Evidence for Hope in China","authors":"E. Pils","doi":"10.1080/09615768.2020.1838718","DOIUrl":"https://doi.org/10.1080/09615768.2020.1838718","url":null,"abstract":"Sikkink offers some clear and much-needed correctives to narratives of international human rights law as western imposition. Despite these great merits, the value of her assessment that 'overall, there is less violence and fewer human rights violations in the world than there were in the past' is questionable, especially when we consider that making the harms resulting from human rights violations visible is harder in closed than in open societies, and that the world is currently experiencing a wave of autocratisation. It is all the more important for human rights defenders to remember that hope does not require evidence to be sustained.","PeriodicalId":88025,"journal":{"name":"King's law journal : KLJ","volume":"286 1","pages":"345 - 352"},"PeriodicalIF":0.0,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73162605","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: 10.1080/09615768.2020.1815939
V. Ooi, Kian Peng Soh
Good traders remove emotion from the decision-making process. Automated trading algorithms have enabled this, allowing one to trade round the clock, and without the constant need to monitor one’s i...
{"title":"Rethinking Mistake in the Age of Algorithms: Quoine Pte Ltd v B2C2 Ltd","authors":"V. Ooi, Kian Peng Soh","doi":"10.1080/09615768.2020.1815939","DOIUrl":"https://doi.org/10.1080/09615768.2020.1815939","url":null,"abstract":"Good traders remove emotion from the decision-making process. Automated trading algorithms have enabled this, allowing one to trade round the clock, and without the constant need to monitor one’s i...","PeriodicalId":88025,"journal":{"name":"King's law journal : KLJ","volume":"9 1","pages":"367 - 372"},"PeriodicalIF":0.0,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81410702","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 : 2020-05-06DOI: 10.1080/09615768.2020.1753349
Jennifer Collins
{"title":"Securing Labour Standards Through Preventive Criminalisation: New Lessons from Civil Preventive Orders","authors":"Jennifer Collins","doi":"10.1080/09615768.2020.1753349","DOIUrl":"https://doi.org/10.1080/09615768.2020.1753349","url":null,"abstract":"","PeriodicalId":88025,"journal":{"name":"King's law journal : KLJ","volume":"13 1","pages":"373 - 401"},"PeriodicalIF":0.0,"publicationDate":"2020-05-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82090570","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 : 2020-05-03DOI: 10.1080/09615768.2020.1784053
Alan L. Bogg, Michael J. Ford, Tonia Novitz
{"title":"Introduction to the Special Issue","authors":"Alan L. Bogg, Michael J. Ford, Tonia Novitz","doi":"10.1080/09615768.2020.1784053","DOIUrl":"https://doi.org/10.1080/09615768.2020.1784053","url":null,"abstract":"","PeriodicalId":88025,"journal":{"name":"King's law journal : KLJ","volume":"224 1","pages":"167 - 179"},"PeriodicalIF":0.0,"publicationDate":"2020-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91234827","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 : 2020-05-03DOI: 10.1080/09615768.2020.1789440
E. Keane
Due to the shared history, legal system, and close cultural links between the jurisdictions, there is a remarkable degree of similarity between the structure of Irish employment law and that of the...
{"title":"Gigging in Ireland","authors":"E. Keane","doi":"10.1080/09615768.2020.1789440","DOIUrl":"https://doi.org/10.1080/09615768.2020.1789440","url":null,"abstract":"Due to the shared history, legal system, and close cultural links between the jurisdictions, there is a remarkable degree of similarity between the structure of Irish employment law and that of the...","PeriodicalId":88025,"journal":{"name":"King's law journal : KLJ","volume":"19 1","pages":"301 - 312"},"PeriodicalIF":0.0,"publicationDate":"2020-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81783417","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 : 2020-05-03DOI: 10.1080/09615768.2020.1789434
J. Freedman
The Coronavirus pandemic that is dominating all thought as this article is finalised has highlighted major flaws in our tax and benefits systems. These are not newly discovered problems. They have ...
{"title":"Employment Status, Tax and the Gig Economy—Improving the Fit or Making the Break?","authors":"J. Freedman","doi":"10.1080/09615768.2020.1789434","DOIUrl":"https://doi.org/10.1080/09615768.2020.1789434","url":null,"abstract":"The Coronavirus pandemic that is dominating all thought as this article is finalised has highlighted major flaws in our tax and benefits systems. These are not newly discovered problems. They have ...","PeriodicalId":88025,"journal":{"name":"King's law journal : KLJ","volume":"49 1","pages":"194 - 214"},"PeriodicalIF":0.0,"publicationDate":"2020-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76195539","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 : 2020-05-03DOI: 10.1080/09615768.2020.1789432
S. Deakin
There is much at stake in the classification of work relations: on the one hand, the stability of the tax base and the capacity of the state to deliver public goods; on the other, the structure of enterprise and the rights of workers in the ‘gig’ economy and beyond. Classification decisions, however, are made using legal concepts which many view as artificial and manipulable, to the point where it is hard to discern the considerations which are actually guiding decisions. Decomposing the ‘employment’ concept reveals something of the implicit ‘weighting’ of tests and indicators which underlies judicial and administrative determinations. Viewed in this light, statutory reformulations such as the ‘ABC’ test can play a role in ‘reweighting’ the classification process, extending the protective coverage of labour laws and resisting fiscal erosion.
{"title":"Decoding Employment Status","authors":"S. Deakin","doi":"10.1080/09615768.2020.1789432","DOIUrl":"https://doi.org/10.1080/09615768.2020.1789432","url":null,"abstract":"There is much at stake in the classification of work relations: on the one hand, the stability of the tax base and the capacity of the state to deliver public goods; on the other, the structure of enterprise and the rights of workers in the ‘gig’ economy and beyond. Classification decisions, however, are made using legal concepts which many view as artificial and manipulable, to the point where it is hard to discern the considerations which are actually guiding decisions. Decomposing the ‘employment’ concept reveals something of the implicit ‘weighting’ of tests and indicators which underlies judicial and administrative determinations. Viewed in this light, statutory reformulations such as the ‘ABC’ test can play a role in ‘reweighting’ the classification process, extending the protective coverage of labour laws and resisting fiscal erosion.","PeriodicalId":88025,"journal":{"name":"King's law journal : KLJ","volume":"26 1","pages":"180 - 193"},"PeriodicalIF":0.0,"publicationDate":"2020-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73194962","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 : 2020-05-03DOI: 10.1080/09615768.2020.1794196
S. Fredman, D. du Toit, Mark Graham, Kelle Howson, Richard Heeks, J. Van Belle, P. Mungai, Abigail Osiki
The burgeoning gig economy largely operates outside of existing labour standards, mainly because in most countries workers are classified as self-employed rather than as employees. Until now, much ...
{"title":"Thinking Out of the Box: Fair Work for Platform Workers","authors":"S. Fredman, D. du Toit, Mark Graham, Kelle Howson, Richard Heeks, J. Van Belle, P. Mungai, Abigail Osiki","doi":"10.1080/09615768.2020.1794196","DOIUrl":"https://doi.org/10.1080/09615768.2020.1794196","url":null,"abstract":"The burgeoning gig economy largely operates outside of existing labour standards, mainly because in most countries workers are classified as self-employed rather than as employees. Until now, much ...","PeriodicalId":88025,"journal":{"name":"King's law journal : KLJ","volume":"36 1","pages":"236 - 249"},"PeriodicalIF":0.0,"publicationDate":"2020-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77598921","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 : 2020-05-03DOI: 10.1080/09615768.2020.1789431
Margarita Amaxopoulou
Few cities have provided us with such fascinating insight into the particularities of regulating Uber as the capital of the United Kingdom. In late 2019, Uber lost its licence to operate in London ...
{"title":"Sticks and Carrots: Lessons from Regulating Uber As A Private Hire Operator in England","authors":"Margarita Amaxopoulou","doi":"10.1080/09615768.2020.1789431","DOIUrl":"https://doi.org/10.1080/09615768.2020.1789431","url":null,"abstract":"Few cities have provided us with such fascinating insight into the particularities of regulating Uber as the capital of the United Kingdom. In late 2019, Uber lost its licence to operate in London ...","PeriodicalId":88025,"journal":{"name":"King's law journal : KLJ","volume":"23 1","pages":"260 - 274"},"PeriodicalIF":0.0,"publicationDate":"2020-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84688695","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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