The Forfeiture of Possessory Rights in Land and Chattels

The article argues that the concept of forteiture may be applied to a variety of legal transactions in which the transfer of a possessory right takes place between the parties. In particular, it is contended that an equitable possessory right which is capable of enforcement by means of an order for specific performance falls within equity's jurisdiction to grant relief.     

De-canting ‘Trafficking in Human Beings’, Re-centring the State

Contemporary liberal states are eager to combat ‘human trafficking’, which state actors describe as ‘the scourge of modern slavery’ and a violation of human rights. The same states are also depriving migrants of their freedom on an unprecedented scale through immigration detention, forcibly moving them across borders through deportation, and sustaining a flourishing industry in the prevention and control of human movement. This is not a paradox. The ambition to eradicate ‘slavery’, as much as the desire to severely restrict freedom of movement, reflects a concern to preserve and extend state powers, in particular its monopoly on violence and on the control of mobility.     

The Inner Logic of Exclusivism (and Inclusivism): Shapiro's Shadowing

Scott Shapiro, a prominent defender of exclusive legal positivism—exclusivism—has intriguingly (re)introduced a logical principle, the endorsement and rejection of which he (I take it) supposes can helpfully distinguish exclusivism from its contrary, inclusive legal positivism—inclusivism. It is an intriguing thought that principles pitched at such a high level of abstraction as this could distinguish between the two versions of positivism. My aim will be to test whether this principle—and associated principles—can do such distinguishing work.