Restitution, Rectification, and Mitigation: Negligent Solicitors and Wills, Again

A solicitor, when drafting a will, can owe a duty of care in tort to the intended beneficiary of a bequest under that will. The Court of Appeal has recently confirmed that where a solicitor has misdrafted the will, the intended beneficiary can sometimes rectify it, and recover the intended gift. The pattern of this rectification is restitutionary, raising the question analysed in this article of whether an intended beneficiary can have a direct personal action in restitution to reverse the unjust enrichment of an unintended recipient. It seems that, though fraught, such an action may indeed in principle lie.     

The Subjugation of Pacifism in UK Parliamentary Discourse: Analysing the 2015 Debate on Bombing Syria

ABSTRACT

This article shows how pacifism is discursively constituted within politics. Employing Critical Discourse Analysis, it demonstrates how official narratives worked to depoliticise pacifism during the 2015 House of Commons debate on taking military action against ISIS in Syria. It argues that the current rejection of pacifism within politics rests upon a flawed narrative and considers the interests that are served by this. Overall, this article calls for pacifism to be de-subjugated and considers the profound political implication this would have.     

Judicial Practical Reason: Judges in Morally Imperfect Legal Orders

I here address the question of how judges should decide questions before a court in morally imperfect legal systems. I characterize how moral considerations ought inform judicial reasoning given that the law may demand what it has no right to. Much of the large body of work on legal interpretation, with its focus on legal semantics and epistemology, does not adequately countenance the limited legitimacy of actual legal institutions to serve as a foundation for an ethics of adjudication. I offer an adjudicative theory in the realm of non-ideal theory: I adopt a view of law that has achieved consensus in legal philosophy, make some plausible assumptions about human politics, and then consider directly the question of how judges should reason. Ultimately, I argue that judges should be cognizant of the goods that are at stake on particular occasions of adjudication and that this requires treating legal requirements transparently, i.e., as sensitive to their moral justifications.     

Mongolia's evolving security strategy: omni-enmeshment and balance of influence

Abstract

With the publication of its 2010 National Security Concept and its 2011 Foreign Policy Concept, Ulaanbaatar has formalised a shift in foreign policy that has been readily apparent since 2000. Whereas Mongolia's foreign policy for the 1990s was formulated around an omni-enmeshment strategy, its foreign policy from 2000 onward is best conceptualised as an amalgam of omni-enmeshment and balance of influence. Ulaanbaatar's new foreign policy strategy implicitly identifies China as the country's largest security concern. This sense of a China ‘challenge’ is mirrored in Ulaanbaatar's post-2000 foreign policy relations.     

Do Judges Have an Obligation to Enforce the Law?: Moral Responsibility and Judicial-Reasoning

Judicial obligation to enforce the law is typically regarded as both unproblematic and important: unproblematic because there is little reason to doubt that judges have a general, if prima facie, obligation to enforce law, and important because the obligation gives judges significant reason to limit their concern in adjudication to applying the law. I challenge both of these assumptions and argue that norms of political legitimacy, which may be extra-legal, are irretrievably at the basis of responsible judicial reasoning.     

The influence of vehicle model and colour on assessments of speed and culpability: the case for (and against) Computer Generated Exhibits (CGE)

Computer Generated Exhibits (CGE) are frequently deployed in legal contexts under the rubric of demonstrative evidence, i.e. to facilitate juror comprehension. However, a number of legal and academic commentators have suggested that the nature of the computerised moving image could exert undue prejudice on decision makers, e.g. judge and/or jury. The current study aimed to assess the manipulation of vehicle characteristics (make and colour) when a road traffic accident was presented in the format of a computer generated animation (CGA). In experiment 1, two groups of subjects watched two different makes of car, a Range Rover Sport and a Volkswagen Touran in a black-and-white format; no significant differences emerged over vehicle model with regards to vehicle speed or overall responsibility for the accident. Experiment 2 presented the same vehicles to four groups of participants in full colour, with the cars in contrasting red or beige; significant differences emerged with regards to culpability for vehicle make only. The findings could have implications for the format and style of CGE used in legal settings.     

Ecologies of Unease: Geographic Context and National Economic Evaluations

Assessment of the nation??s economic performance has been repeatedly linked to voters?? decision-making in U.S. presidential elections. Here we inquire as to where those economic evaluations originate. One possibility in the politicized environment of a major campaign is that they are partisan determinations and do not reflect actual economic circumstances. Another possibility is that these judgments arise from close attention to news media, which is presumably highlighting national economic conditions as a facet of campaign coverage. Still a third explanation is that voters derive their national economic evaluations from living out their lives in particular localities which may or may not be experiencing the conditions that affect the nation as a whole. Drawing upon data from the 2008 presidential election, we find that varying local conditions do shape the economic evaluations of political independents. Moreover, unemployment is not the only salient factor, as fuel prices and foreclosures also figured prominently. Local economic factors, what we call geotropic considerations, shape national economic evaluations especially for those who aren??t making these judgments on simple partisan grounds.