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Triangulation of the various methodological approaches towards the rule of law is highly desirable since it allows the combination of benefits and elimination of problematic aspects in each. The present article triangulates the conceptualizations of three approaches relating to the rule of law, namely Bedner’s review of the rule of law theories, the World Justice Project’s Rule of Law Index, and the review by Horák et al. of empirical measurement of legal consciousness, and identifies the most significant problem as a lack of communication between them. More precisely, the theoretical conceptualizations are not fully prepared for empirical measurement, and the empirical tools do not reflect the theoretical debate and its outcomes. |
In this roundtable discussion, early-career researchers working in the field of law, gender, and sexuality discuss international and trans-national developments to legal gender. ‘The Future of Legal Gender’ research project focused on the legislative framework of England and Wales to develop a prototype for decertification. The domestic legislation, however, was situated within a wider international context throughout the project. This roundtable discussion, therefore, provided an opportunity for reflection on the transnational issues raised by decertification, with a particular focus on developments arising in the jurisdiction(s) studied by the early career researchers. |
Albert Camus’ reflection in The Myth of Sisyphus presents the absurd, the intrusion of the meaningless and irrational universe into the order and future focus of modern life. Central to Camus’ reading of Sisyphus and his dammed eternal labour, was time. Camus clearly saw that modernity and modern life was predicated on tensions in time. Moderns perceived, and lived, in the timescale of past-present-future. A commitment to chronology that promised an allusion of meaning within a world of essential meaninglessness. Modern law, the law forged by the structural violence of positivism and sovereignty, shared this commitment to time. However, transitions to the digital are presenting different relationships of law and time. Emergent digital legality manifests a Sisyphean closed loop of re... |
Today, data and intervening digital media provide critical lines of communication with our social and business connections. Even those we know personally will typically connect to us via digital means. As a consequence, data and the digital space add a third dimension to the individual: we are now mind, body and digitality. This essay considers how digitality affects outcomes for the individual by exploring the mechanisms of digital influence. By using Peirce’s theory of semiosis to explain the process of digital translation, this essay demonstrates how digitality influences the development of the individual, undermines personal autonomy and changes the nature of legal personhood thereby providing points for future legal intervention. |
Statutory dominant firms, different from dominant firms that have gained their market power through competition on the merits, have derived their market position from choices made by the state. From an economic perspective, tying by this kind of firm typically generates significant anti-competitive effects that are likely to outweigh the possible pro-competitive effects. Both in China and the EU, such tying practices have frequently taken place. Nevertheless, the economic findings have not been fully reflected in competition provisions and competition practice in these two jurisdictions. This may lead to error costs and enforcement costs, which is detrimental to consumer welfare. |
The development of digital technologies has led to the emergence of new business models benefiting consumers in their searching, shopping and communicating activities. However, it also challenges the applicable competition law framework and enforcement. Although there seems to be a global consensus on the need to update competition law, the EU and China have chosen different regulatory tools—hard law and soft law, respectively—to address the new and complex challenges facing the competition governance of digital markets. This paper aims to explore why the EU opted for hard law while China opted for soft law, and to further examine whether the selected regulatory tool is the most appropriate in the specific context. |
Since its inception the General Data Protection Regulation has introduced a number of rights and obligations that relate to the personal data processing. As the Regulation requires that all information about data subjects’ rights be conveyed in a clear and plain language (transparency principle), this study focuses on the linguistic means of expressing rights and obligations in the GDPR based privacy notices. The article aims at scrutinising the features and context of deontic expressions which may influence the clear message. The research corpus consists of fourteen privacy notices of Finnish design companies which were analysed in order to identify deontic expressions. |
The aim of this paper is to present a solution to a problem that arises from the fact that people who commit crimes under the influence of serious mental disorders may still have a capacity to refuse treatment. Several ethicists have argued that the present legislation concerning involuntary treatment of people with mental disorder is discriminatory and should change to the effect that psychiatric patients can refuse care on the same grounds as patients in somatic care. However, people with mental disorders who have committed crimes and been exempted from criminal responsibility would then fall outside the scope of criminal justice as well as that of the psychiatric institutions if they were to refuse care. In this paper, I present and develop a solution to how society should deal w... |
One of the biggest problems faced by consumers seeking redress for financial harm is the prohibitive expense and impracticality of bringing low-value individual legal proceedings. The Consumer Rights Act 2015 introduced a new regime for collective redress for competition law infringements whereby for the first time, claims may be brought on an opt-out basis. The new regime was examined by the Supreme Court in its recent decision in Merricks v Mastercard. The Mastercard claim raises important questions about consumer remedies, access to justice, litigation funding and practical enforcement issues. This paper examines the decision through the lens of behavioural science, seeking insights into the availability and accessibility of redress for consumers and considering the implications ... |
Recognition of legal personhood in contemporary international and domestic law is a matter of signs. Those signs identify the existence of the legal person: human animals, corporations and states. They also identify facets of that personhood that situate the signified entities within webs of rights and responsibilities. Entities that are not legal persons lack agency and are thus invisible. They may be acted on but, absent the personhood that is communicated through a range of indicia and shapes both legal and popular understanding of powers and obligations, they lack standing in judicial fora. They are signified as entities that are the subjects of action by legal persons, for example exploitation through rights regarding natural resources or commodification of ‘wild’, companion an... |
