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This article presents the findings of an empirical investigation into the role of third party interventions in the House of Lords. It examines all the judgments in that court from 1994 to 2009 and tests four hypotheses concerning the impact of the Human Rights Act 1998 upon the incidence of...
The article analyses and reconstructs a broad idea of legal responsibility which underlies and normatively links tort law with the law of unjustified enrichment. The article’s central proposition is that responsibility for damage caused and enrichment-responsibility are closely interrelated....
In The Global Model of Constitutional Rights Kai Möller claims that the proportionality test is underlain by an expansive moral right to autonomy. This putative right protects everything that advances one’s self-conception. It may of course be limited when balanced against other considerations...
This article seeks to identify the nature of vindication as a distinctive function within the English law of torts. It argues that a specific conception of vindication explains fundamental features of the law of torts, variations in the structure of different torts, as well as variations in the...
Citizenship has been at the core of struggles by historically excluded groups for respect and inclusion. Can citizenship be extended even further to domesticated animals? We begin this article by sketching an argument for why justice requires the extension of citizenship to domesticated animals,...
The extent to which judges in the American federal system and in England and Wales respond to sanctions, in their codes of civil procedure, for non-compliance with those rules, varies according to which of two ‘philosophies of justice’ are prevalent in the judicial culture. Taking as a...
This article applies social entropy theory to international trade law, suggesting that observed shifts in world trading system towards disorder are the consequence of insufficient ‘energy’ inputs in the form of an effective, centralized legal framework and focused authoritative organization....
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