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Different jurisdictions disagree on whether a person facing an illegitimate threat is ever required to retreat in the face of it or to submit to it, rather than using force in defence. Those that have attempted to identify the principled position on this issue also disagree about (i) the...
What do you do when faced with wrongdoing—do you blame or do you forgive? Especially when confronted with offences that lie on the more severe end of the spectrum and cause terrible psychological or physical trauma or death, nothing can feel more natural than blame. Indeed, in the UK and the...
In The New Commonwealth Model of Constitutionalism Stephen Gardbaum defends a model of constitutionalism in which courts can review legislation for compliance with rights, but the legislature is given ‘the legislative last word’. Gardbaum argues that this new model offers a solution to the...
In several relatively recent decisions, the House of Lords and the Court of Appeal have declared, relying on a series of early 20th century admiralty cases, that the occurrence of supervening events is irrelevant to the determination of damages for negligent injury to property. The principle has...
This article contends that there are general (but defeasible) reasons not to engage in penetrative sex. If there are such reasons, then we are able to refute a predominant justification for the current drafting of the crimes of rape and assault by penetration. The implication is that for such...
This article explores the question of what character relations must have before the orthodox law of obligations will describe them as ‘causal’ relations. The article does not purport to identify the metaphysical nature of ‘causation’. Instead it provides a non-reductive account of what is...
Tenure is an important facet of judicial independence and a key principle underpinning the rule of law, yet its protection varies markedly from country to country. This article examines the historical development and empirical experience of three preeminent appellate courts—the Supreme Court of...
This paper examines the role that the common understanding of an institution or principle should play in formulating an account of that entity. The paper begins by surveying the claims made for the common understanding. There are at least three reasons why a theorist should pay regard to the...
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