Hameed, Asif
Published in
Oxford Journal of Legal Studies
UK constitutional law establishes priority rules governing the relations among legal sources. According to the implied repeal rule, a later statute is preferred to and repeals an earlier statute where the two cannot stand together. There is a vast literature testing the rule’s application in future-facing scenarios: whether Parliament in enacting l...
Kotzmann, Jane
Published in
Oxford Journal of Legal Studies
To date, welfare protections have failed animals. In this context, many animal advocates and scholars have supported recognition of animal rights. Animal rights theory, however, remains underdeveloped. This article contributes to the development of animal rights theory and, in this respect, proposes the utilisation of sentience and intrinsic worth ...
Letsas, George
Published in
Oxford Journal of Legal Studies
Philosophical accounts of status understand it either pejoratively, as social rank, or laudatorily, as the dignity possessed by all in virtue of our shared humanity. Status is considered to be something either we all have or no one should have. This article aims to show that there is a third, neglected, sense of status. It refers to the moral right...
Nishikawa-Pacher, Andreas Hamann, Hanjo
Published in
Oxford Journal of Legal Studies
Countries all over the world document their statutory law in official legal databases (OLD), but the extent to which these provide effective access to (statutory) law remains unexamined. Ideally, an OLD should be (i) provided online and free for all without requiring registration or payment, (ii) searchable with regard to statutes’ titles, (iii) se...
Douglas, Benedict
Published in
Oxford Journal of Legal Studies
This article explains and critiques the protection of love within judgments concerning relationships under the Human Rights Act 1998. Using theory of emotion to conduct doctrinal analysis of the protection of love within international human rights laws and under the Human Rights Act 1998, it reveals a shift in the conception of love underlying the ...
Mayans-Hermida, Beatriz E Holá, Barbora
Published in
Oxford journal of legal studies
Criminal trials and proportional prison sentences are generally seen as the most suitable way to deal with perpetrators of atrocity crimes. Notwithstanding, traditionally conceived criminal penalties, such as imprisonment, may discourage active responsibility-taking by offenders, disaffect victims by not meeting their needs and impede meaningful en...
Wilmot-Smith, Frederick
Published in
Oxford journal of legal studies
Contract terms can be express or implied. But what does that mean? I argue that the distinction can be illuminated by reference to the philosophy of language. Express terms are best understood by reference to the truth-conditional content of the parties' agreement; implied terms are derived from express terms by a process of reasoning, albeit one a...
Miotto, Lucas Almeida, Guilherme F C F Struchiner, Noel
Published in
Oxford journal of legal studies
In discussing whether legal systems are necessarily coercive, legal philosophers usually appeal to thought experiments involving angels or other morally driven beings who need no coercion to organise their social lives. Such appeals have invited criticism. Critics have not only challenged the relevance of such thought experiments to our understandi...
Baude, William Sachs, Stephen E
Published in
Oxford journal of legal studies
A legal system's 'official story' is its shared account of the law's structure and sources, which members of its legal community publicly advance and defend. In some societies, however, officials pay lip service to this shared account, while privately adhering to their own unofficial story instead. If the officials enforce some novel legal code whi...
Khaitan, Tarunabh Steel, Sandy
Published in
Oxford journal of legal studies
This article addresses three fundamental questions about a key phenomenon in special jurisprudence, 'areas of law': (i) what is an area of law; (ii) what are the consequences of dividing law into distinct areas; and (iii) what constitutes the foundations of an area of law. It claims that (i) 'an area of law' is a set of legal norms that are intersu...
