Delegation as a Source of Law

The status of delegation as a strictly institutionalized source of law is controversial. In this article, we examine some instances of delegation, in order to explore their claim to be independent and strictly institutionalized sources of law. We consider primarily the instances of labour arbitration and of mediation. Our conclusion is that there is no straightforward answer in either instance to the question whether they constitute sources of law, although the claim of arbitration is strong and that of mediation is weak. We argue that the controversial character of delegation as a source of law is therefore to be expected, given its ambivalent character, and that in exploring the reasons for this ambivalence much can be learnt about the concept of a strictly institutionalized source of law.     

Psychological Injury and Law: Special Issue Epilogue

To conclude the special series in the issue, which marks the end of the first volume of the journal, Psychological Injury and Law, the epilogue highlights its major goals and contributions. The special issue takes the field in more diverse directions. It demonstrates the multiple research and practice foci that are emerging in the field and its interdisciplinarity, from the law and forensics to practice and treatment. The field needs to view the person in context and not from one side or the other of the adversarial divide.