The present law has developed, untidily but pragmatically, to enable the courts to do justice despite [the rules of consideration, privity and contractual limitation of actions]. Other legal systems have developed other, and possibly better, solutions. But I would not be willing to jettison the best solution we have unless it were to be replaced by a better1.

In an earlier article, it was established that the rules which govern the relations between universities and their students may find their legal source in prescription, royal charter, parliamentary legislation or contract. This article compares judicial review of student rules according to these different sources, whether this review forms part of public law (the review of byelaws, delegated legislation or the expression of other statutory rule‐making powers) or of contract law (as a matter of the fairness of the rules as (...) terms of the student contract or by the inherent qualification of any contractual rule‐making power in a university by reference to reasonableness). Both similarities and differences in these different types of review are identified and their implication in the student context assessed (notably, as to the exclusivity of the visitorial jurisdiction in the case of chartered universities). Finally, it is argued that the compatibility of student rules with students' human rights may be relevant to review in contract law as well as in public law as a result of the very inclusive nature of the grounds of this review. (shrink)

This article draws analogies between the making of norms by contract, often seen as typical of private law, and by subordinate law-making, often seen as a typically public function and for public bodies. These analogies are set in the context of those rules which govern the relations between universities and their students, as the same types of rule may find their source in a range of legal sources: prescription, royal charter, parliamentary legislation or contract. Of these different sources, the common (...) law courts long accepted that chartered corporations, created by exercise of royal prerogative, were entitled to make subordinate legislation (known as byelaws) for the furthering of their purposes for both members and non-members, despite this law-making being extra-parliamentary. This article suggests how this power to make byelaws in chartered corporations may apply to chartered universities, noting the difficulties arising from the allegedly eleemosynary nature of these bodies and from the possible coexistence of statutory powers. It then examines the way in which the contract between a student and a university arises, and how this contract may form the legal basis of student rules, whether these rules are conceived as terms of the contract itself or as expressions of a unilateral power in the university arising from the contract. A subsequent article will compare the review of student rules on the grounds of public law principle and of contractual regulation. (shrink)

This paper examines what agents should do when others fail to comply with their responsibilities to prevent dangerous climate change. It distinguishes between six different possible responses to noncompliance. These include what I term (1) 'target modification' (watering down the extent to which we seek to prevent climate change), (2) ‘responsibility reallocation’ (reassigning responsibilities to other duty bearers), (3) ‘burden shifting I’ (allowing duty bearers to implement policies which impose unjust burdens on others, (4) 'burden shifting II’ (allowing some to (...) protect peoples rights in ways which impose otherwise unjustified burdens on the duty bearers, (5) 'compromising moral ideals' (permitting agents to compromise non-justice ideals that they are otherwise bound by); and (6) ‘promoting compliance (implementing policies and creating institutions which reduce noncompliance). It concludes by outlining a methodological framework for evaluating these options, and by setting out my tentative and provisional evaluation of which responses are the least bad. (shrink)

A vast amount of empirical research has been compiled on labor laws yet more is called for in view of the rapid changes occurring in this field. This article discusses the attempts to individualize the relationship, as well as make labor markets more flexible. A sociological perspective on the post-war situation viewed the industrial system as stable and self-adjusting. The article emphasizes the emergence of new data sources and methods and considers the role of theory in shaping the empirical research (...) agenda. Labor legislations only provide the structure within which collective bargaining would occur, while abstaining from directly influencing the outcome. This article reviews the state of the art on a number of substantive issues: the law governing collective labor relations; minimum wage laws; employment protection legislation; the operation of labor courts and alternative dispute resolution mechanisms; and the relationship between labor law and corporate governance systems. (shrink)

How can we equalize opportunities while respecting people’s freedom? According to a view that I call libertarian resourcism, people’s fair shares of resources should normally take the form of uncon...

The Born rule is derived from operational assumptions, together with assumptions of quantum mechanics that concern only the deterministic development of the state. Unlike Gleason’s theorem, the argument applies even if probabilities are de…ned for only a single resolution of the identity, so it applies to a variety of foundational approaches to quantum mechanics. It also provides a probability rule for state spaces that are not Hilbert spaces.

This book provides a definitive account of Jacques Derrida's involvement in debates about the university. Derrida was a founding member of the Research Group on the Teaching of Philosophy (GREPH), an activist group that mobilized opposition to the Giscard government's proposals to "rationalize" the French educational system in 1975. He also helped to convene the Estates General of Philosophy, a vast gathering in 1979 of educators from across France. Furthermore, he was closely associated with the founding of the International College (...) of Philosophy in Paris, and his connection with the International Parliament of Writers during the 1990s also illustrates his continuing interest in the possibility of launching an array of literary and philosophical projects while experimenting with new kinds of institutions in which they might take their specific shape and direction. Derrida argues that the place of philosophy in the university should be explored as both a historical question and a philosophical problem in its own right. He argues that philosophy simultaneously belongs and does not belong to the university. In its founding role, it must come from "outside" the institution in which, nevertheless, it comes to define itself. The author asks whether this irresolvable tension between "belonging" and "not belonging" might not also form the basis of Derrida's political thinking and activism where wider issues of contemporary significance are concerned. Key questions today concerning citizenship, rights, the nation-state and Europe, asylum, immigration, terror, and the "return" of religion all involve assumptions and ideas about "belonging"; and they entail constitutional, legal, institutional and material constraints that take shape precisely on the basis of such ideas. This project will therefore open up a key question: Can deconstruction's insight into the paradoxical institutional standing of philosophy form the basis of a meaningful political response by "theory" to a number of contemporary international issues? (shrink)

This best-selling dictionary is written by one of the most famous philosophers of our time, and it is widely recognized as the best dictionary of its kind. Comprehensive and authoritative, it covers every aspect of philosophy from Aristotle to Zen. With clear and concise definitions, it provides lively and accessible coverage of not only Western philosophical traditions, but also themes from Chinese, Indian, Islamic, and Jewish philosophy. Entries include over 500 biographies of famous and influential philosophers, in-depth analysis of philosophical (...) terms and concepts, and a chronology of philosophical events stretching from 10,000 BC to the present day. The first edition of this dictionary became a market-leader and a standard work of reference, selling over 100,000 copies. Now the author, Professor Simon Blackburn, has revised it to include web links which provide up-to-date and valuable extra information via the Dictionary of Philosophy companion website. Fully cross-referenced and containing over 3,000 alphabetical entries, it is the ideal introduction to philosophy for anyone with an interest in the subject, and it is an indispensable work of reference for students and teachers. (shrink)

This article publishes the minutes of a conference held on February 26th, 1934 by prominent members of the German Lutheran churches. August Marahrens, Ernst Sommerlath, Werner Elert, Paul Fleisch, and others are discussing how to maintain the Lutheran position on conditions of the Third Reich and the Reichskirche.

According to the Contingency Theory of Laws, if there are possible worlds in which it is a law that all Fs are G, there are also possible F-containing worlds in which it is not. I argue here that the theory is forced to accept the possibility of nomic inversion: i.e. pairs of properties that have their actual nomic roles swapped in some possible world. Such inversions cannot be ruled out on grounds of logical or metaphysical inconsistency, and therefore – since (...) nomic inversion is counterintuitive – the Contingency Theory is undermined. (shrink)

A temporal account of the mental capacities for processing information may not be relevant in a context where the goal is to search for storage capacity expressed in chunks. However, if mental capacity and information processing is the question, the time issue can be rehabilitated. A very different temporal viewpoint on capacity limit is proposed in this commentary.

That hostility to the Reformation was a feature of the Oxford Movements outlook is a truism, but Tractarians’ anti-Reformation sentiments went much further than the purely theological. Tractarians consistently held that in its repudiation of antiquity and elevation of sola scriptura, the Reformation had launched a wider rationalism whose socio-economic as well as religious consequences they abhorred. If a Tractarian paternalism – which mourned the welfare consequences of the dissolution of the monasteries, and the rise of capitalism and its bourgeoisie,– (...) had much in common with other nineteenth-century social criticism, a crucial difference emerged at the point of prescription. Their uncompromising advocacy of the church as the sole agency of amelioration, and promotion of such schemes as sisterhoods, sharply distinguished Tractarians,from advocates of legislative intervention or ethical socialism. Tractarians therefore looked not forward, to the ideal of a welfare state, but back, to the ideal of a welfare church. (shrink)

L’ouvrage Mourir au 21 siècle : entre corporalités et technologies de Audrey Deveault et Michaël Lessard s’intéresse aux questions juridiques, éthiques et phénoménologiques soulevées par l’impact des innovations technologiques sur la mort. Il explore le vide juridique, ainsi que les représentations individuelle et sociale de la mort, proposant une vision plurielle de son symbolisme et différentes pistes de réflexion pour alimenter le débat.

A heuristic comparison is made of relativistic and non-relativistic quantum theory. To this end the Segal approach is described for the non-specialist. The significance of antimatter to the local and microcausal properties of the fields is laid bare. The fundamental difference between relativistic and non-relativistic (complex) fields is traced to the existence of two kinds of complex numbers in the relativistic case. Their relation to covariant and Newton-Wigner locality is formulated.

The purpose of this article is to explore both the legal difficulties and policy objections in using public nuisance against conduct which exposes others to the risk of contracting a harmful disease. Drawing on the judicial and legislative responses in Australia, Canada, New Zealand and the United Kingdom, I will identify the important issues of legal principle and public policy which must be addressed when considering the imposition of criminal liability in these circumstances.

In this paper I ask whether either theology or religious practice actually contribute to ethical theory or ethical practice. I rehearse well-known Humean arguments that they do not. I then reflect on the idea from Professor O’Donovan’s paper that it is virtuous for us to entertain hopes for redemption or for fulfilment and suggest that a careful weighing of these words may indicate otherwise.

_ Source: _Volume 63, Issue 4, pp 449 - 476 While we know that the interpretation of the ‘soul’s pilot’ found in Hermias’ _Scholia on Plato’s Phaedrus_ differs considerably from that of Syrianus and Proclus, this difference has not shifted the prevailing opinion that the _Scholia_ are a faithful transcript of Syrianus’ lectures on the _Phaedrus_. I argue, however, that the difference over the soul’s pilot is only the first in a series of elements which are difficult, if not impossible, (...) to ascribe to Syrianus. This, I believe, is compelling evidence that the _Scholia_ contain the ideas of both Syrianus and Hermias. (shrink)

This article argues that integrated infrastructural planning is necessary for building cities that encourage tolerance as a civic behaviour. It argues in favour of open planning and insists that tolerance must be tolerance of risk and uncertainty in urban experience.

Measures are designed to evaluate the processes and outcomes of care associated with the delivery of clinical (and non-clinical) services. They allow for intra- and interorganizational comparison to be used continuously to improve patient health outcomes. The use of performance measures always means to abstract the complex reality (medical scenarios and procedures) in order to provide an understandable and comparable output. Measures can focus on global performance. The more detailed data are available the more specific judgements with respect to the (...) appropriateness of clinical decision-making and implementation of evidence are feasible. Externally reported measures are intended both to inform and lead to action. By providing this information, deficiencies in patient care and unnecessary variations in the care process can be uncovered. Such variations have contributed to disparities in morbidity and mortality. The developments in information technology, especially world-wide interconnectivity, standards for electronic data exchange and facilities to store and manage large amounts of data, offer the opportunity to analyse health-relevant information in order to make the delivery of healthcare services more transparent for consumers and providers. Global performance measures, such as the overall life expectancy (mortality) in a country, can give a rough orientation of how well health systems perform but they do not offer general solutions nor spe-cific insights into care processes that have to be improved. In contrast to population-based measures, case-based performance measures use a defined group of patients depending on specific patient characteristics and features of disease. By means of these measures we are able to compare the number of patients that receive a necessary medical procedure against those patients who do not. The use of case-based measures is a bottom-up approach to improve the overall performance in the long run. They are not only a tool for global orientation but can offer a straightforward link to the areas of deficient care and the underlying procedures. Performance measures are relevant to providers as well as consumers, from their own individual perspective. Cased-based measures focus on the management of individual patient. This approach to performance measurement can inform physicians in a meaningful and constructive way by monitoring their individual performance and by pointing out possible areas of improvement. (shrink)