A democratic principle holds that, other things being equal, public support for a policy can contribute to the legitimation of that policy’s imposition. This chapter focuses on some cases in which ‘other things’ are not ‘equal’: cases in which the attitude to others’ choice or the attitude to others’ suffering demonstrated by a person’s or group’s support for a policy undermines the legitimating force of their support. I focus on the implications for the imposition or lifting of lockdowns.
This article responds to papers by Joseph Bowen, Simon May, Zofia Stemplowska, and Nick Sage, focused on my monograph, Human Rights, Ownership, and the Individual (OUP, 2019). The book develops a new account of the nature of rights: as duties governed by ‘addressive’ norms of first- and second-personal thinking. This account has implications for both human rights and property rights. It implies that human rights in law should be founded on pre-legal moral rights grounded in how they serve the...
This commentary offers an analysis of the implications of the US Women’ National team Collective Action lawsuit against the US Soccer Federation. The players filed the lawsuit based on two grounds: first, that the US Soccer Federation violated the Equal Pay Act by paying them less than the men’s national team and second, that the federation discriminated against them under Title VII of the Civil Rights Act 1964, specifically in regard to workplace conditions. In this article, we discuss three...
The diverse nature of substantive private law systems across Europe has amplified the development of an EU Civil Justice system based on harmonized EU private international law (PIL) mechanisms. The authors argue that the problems of jurisdiction, choice of law and recognition and enforcement of judgments will be recurrent for courts and litigants in a cross-border context, which may adversely affect the level of litigiousness. After analysing several types of PIL cases brought before the Eng...
First paragraph: The first part of this article gives a brief background on the issue of cross-border surrogacy and legal problems associated with international surrogacy arrangements. The second part outlines a potential legislative framework for an international instrument that could regulate cross-border surrogacy arrangements.
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