Topic
Common law
About: Common law is a research topic. Over the lifetime, 30135 publications have been published within this topic receiving 280701 citations. The topic is also known as: judicial precedent & judge-made law.
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Book•
24 May 2012
TL;DR: In this article, the construction of international law is described as a social construction process, and a set of rules are proposed to define the social constructions of law as a whole.
Abstract: INTRODUCTION PART I - LAW AS SOCIAL CONSTRUCT 1. Society 2. Myth 3. Reason PART II - THE CONSTRUCTION OF INTERNATIONAL LAW 4. De- and re-mythologizing international law 5. Players 6. Rules 7. Values 8. Remedies EPILOGUE
58 citations
Journal Article•
TL;DR: This Article argues for revival of state policy as an element of war crimes to the extent that he or she aspires to destroy all ethnic group or to persecute civilians in a widespread or systematic manner.
Abstract: Recent case law of the international criminal tribunals has tended to focus oil the individual mental element of offenders, anti dismissed any relevance for State policy as a component of the analysis. It is posited that tin individual deviant, acting alone, can commit genocide or crimes against humanity, to the extent that he or she aspires to destroy all ethnic group or to persecute civilians in a widespread or systematic manner. This has led to a distortion in the law, partially explained by a focus on low-level perpetrators in early trials of the International Criminal Tribunal for the former Yugoslavia, but also by mistaken analysis of previous authority. This Article argues for revival of state policy as an element of such crimes.
57 citations
57 citations
Posted Content•
TL;DR: The authors examines the development of a remedy for unauthorised publication of personal information that has resulted from the fusion of breach of confidence with the limited "horizontal" application of Article 8 of the ECHR via the Human Rights Act.
Abstract: This article examines the development of a remedy for unauthorised publication of personal information that has resulted from the fusion of breach of confidence with the limited 'horizontal' application of Article 8 of the ECHR via the Human Rights Act. Its analysis of Strasbourg and domestic post-HRA case law reveals the extent to which confidence has in some areas been radically transformed into a privacy right in all but name; however it also seeks to expose the analytical and normative tensions that arise in the judgments between the values of confidentiality and privacy as overlapping but not coterminous concepts, due in part to the failure to resolve decisively the horizontal effect conundrum. This judicial ambivalence towards the reception of privacy as a legal right into English law may, it will argue, also be seen in the prevailing judicial approach to the resolution of the conflict between privacy and expression interests which, it will suggest, is both normatively and structurally inadequate.
57 citations