Principles of legislation.--Principles of the civil code.--Principles of the penal code.

In Elements of Legislation, Neil Duxbury examines the history of English law through the lens of legal philosophy in an effort to draw out the differences between judge-made and enacted law and to explain what courts do with the laws that legislatures enact. He presents a series of rigorously researched and carefully rehearsed arguments concerning the law-making functions of legislatures and courts, the concepts of legislative supremacy and judicial review, the nature of legislative intent and the core principles of (...) statutory interpretation. (shrink)

Background Chemotherapy and/or radiotherapy treatments may cause premature ovarian failure and irreversible loss of fertility. In the context of childhood cancers, it is now acknowledged that possible negative effects of therapies on future reproductive autonomy are a major concern. While a few options are open to post-pubertal patients, the only immediate option currently open to pre-pubertal girls is cryopreservation of ovarian tissue and subsequent transplantation. The aim of the study was to address a current gap in knowledge regarding the offer (...) of fertility preservation by Ovarian Tissue Cryopreservation for prepubescent girls with cancer, and to explore current practices and attitudes of Canadian, French and Moroccan pediatric heme oncologists. The comparative perspective is relevant since legal frameworks surrounding fertility preservation and funding offered by the healthcare system vary greatly. Methods An online survey was sent to the 45 pediatric oncology centers in Canada, France and Morocco. Results A total of 39 centers responded. OTC is offered by almost all pediatric heme oncologists in France, very few in Canada, and none in Morocco. For pediatric hematologists/oncologists who do not propose fertility preservation in Canada, the reasons are: the technique is still experimental, it is not available locally and cost of the technique for the family. 97% of Canadian and 100% of Moroccan pediatric hematologists/oncologists think OTC should be funded by the healthcare system as it is in France and in the province of Quebec in Canada. Conclusions The results of this study show tremendous diversity in the provision of OTC across countries, whereby its offer is correlated with legislation and funding. We argue that the current reality, in which this technology is often not offered to families, raises ethical issues related to justice and equity of access, as well as informed consent and future reproductive autonomy. (shrink)

Principles of legislation.--Principles of the civil code.--Principles of the penal code.

0n a lucid, concise volume, Jeremy Waldron defends the role of legislation, presenting it as an important mode of governance. Aristotle, Locke and Kant emerge as proponents of the dignity of legislation. Waldron's arguments are of obvious importance and topicality, especially in countries that are considering the introduction of a Bill of Rights. The Dignity of Legislation is original in conception, trenchantly argued and very clearly presented, and will be of interest to a wide range of scholars (...) and thinkers. (shrink)

I. Principles of legislation. Principles of the civil code.--II. Principles of the penal code.

The idea of legislative intent plays a central role in legal interpretation and constitutional theory, yet is repeatedly challenged as being an illusion. Refuting these challenges, this book develops a robust account of how and why legislatures form intentions, and the importance of these intentions to understanding law and parliamentary democracy.

Researchers have consistently identified the disparity between teachers’ practical and legal knowledge regarding teachers’ right to discipline students. However, few studies have investigated teachers’ construction processes that form construction outcomes, which would help navigate the role of legislation in school discipline. This study contributes to a holistic picture of the neglected disciplinary rights that teachers construct in teaching practice and their underexplored attitude toward the law, using an interview-based constructionist method on twelve teachers of Lvliang city in a Chinese (...) K-12 context. The findings suggest that the participants prefer to acquire discipline knowledge by interacting with multiple power relations in their local environment and that their knowledge is historically and culturally specific. Although the disciplinary right they construct is never static, balanced, or essentialised, the participants’ constructions are commonly not in line with legal provisions or the aims of the law. Furthermore, school discipline legislation plays a silent role in empowering teachers to discipline students, but it is more visible in holding back teachers’ use of corporal punishment. These findings illustrate the complexity of implementing school disciplinary law as a universal national policy. (shrink)

This paper reflects a two-fold attempt. Firstly, to give an account the works of Walter Benjamin, Hannah Arendt and Slavoz Zizek on Violence. Secondly, it aims to illuminate a uniform trend in their work. This trend identifies the necessity of a certain amount violence in order to create the pre-conditions of a lawful society. Benjamin‟s critique shows that the authority of law, when seen naked, is based on a myth. However, what is being advocated here is not childish anarchism. This (...) critique of violence illuminates the complex relationship between violence and the law, in its subjective and systemic manifestations. However, while Law has a tempering effect upon otherwise socially destructive interpersonal violence, despite its necessity, it is simply another form of the violence which it seeks to contain. (shrink)

A comprehensive account of English legal thought in the age of Blackstone and Bentham for nearly a century, The Province of Legislation Determined advances an ambitious reinterpretation of eighteenth-century attitudes to social change and law reform. Professor Lieberman's bold synthesis rests on a wide survey of legal materials and on a detailed discussion of Blackstone's Commentaries, the jurisprudence of Lord Kames and the Scottish Enlightenment, the chief justiceship of Lord Mansfield, the penal theories of Eden and Romilly, and the (...) legislative science of Jeremy Bentham. The study relates legal developments to the broader fabric of eighteenth-century social and political theory, and offers a novel assessment of the character of the common law tradition and of Bentham's contribution to the ideology of reform. (shrink)

This study explores the individual-level activities of legislators in parliament, which have been largely ignored in the literature on parliamentary democracies. Individual legislators are extensively involved in parliamentary activities such as drafting private members’ bills and posing questions, even though these activities have only been considered to play marginal roles in parliamentary democracies. Moreover, their engagement varies significantly. By using unique data from Japan, this study demonstrates that the personal attributes of legislators affect their choice of parliamentary activities. Under electoral (...) systems with intra-party competition, legislators use parliamentary activities as an important means to inform their constituents about what they can do for them and how they differ from other legislators. In elections, candidates cultivate personal votes by exploiting the image drawn from their personal attributes and, once elected, they behave in accordance with their attributes in order to maintain their electoral ground. Thus, they devote themselves to different activities in parliament. The data analyzed here support this argument. The results of empirical analyses show that legislators with local-level political experience engage in particularistic pork-barrel activities that will benefit their local interests, while legislators with legal-work experience allocate their time and energy to general policy-making activities that will enhance their public image and visibility as legal experts. (shrink)

If we accept that surveillance by the State and ‘sousveillance’ by the media in Western democracies tend towards a relative equilibrium, or ‘equiveillance’ supported by the function of journalism as a watchdog and that the rule of law largely protects fundamental freedoms, this paper argues that the act of ‘mutual watching’ is undesired by the State and comes at a very high cost to journalists. The combination of technological capacity, legislative change and antidemocratic sentiments of the State, in the context (...) of its willingness and ability to collect and process Big Data on an unprecedented scale, disrupt the preconditions for a strong democracy based on free media and free citizens. This paper examines the politics of investigative journalism under the conditions of dominance of the State by investigating the experiences of journalists with surveillance. Our interviews with 48 journalists show that journalists are acutely aware of surveillance and its noxious impact. Well beyond simple ‘watching’ these experiences are remarkably similar in non-Western and Western countries. Journalists are engaging increasingly with technological and other communities, as they aim to defend journalism and their lives. Their activism is operationalised in three areas: in reluctant often-fraught cooperation with hacktivists, in self-directed protection of communications and sources and in not always willingly acting as dissenters vis-a-vis the State. This paper explores the extent to which journalists consider equilibrium to be distorted, and how they are countering any slide into subdued democracy. (shrink)

In this thesis I outline a view of primary legislation from a systems perspective. I suggest that systems theory and, in particular, autopoietic theory, as modified by field theory, is a mechanism for understanding how society operates. The description of primary legislation that I outline differs markedly from any conventional definition in that I argue that primary legislation is not, and indeed cannot be, either a law or any of the euphemisms that are usually accorded to an (...) enactment by a parliament. I cite two reasons for such a conclusion. The primary reason for my conclusion is that I see primary legislation as being an output of a particular subsystem of society, while the law is the output of another subsystem of society. I argue that these outputs are the discrete products of separate subsystems of society. I argue that primary legislation should be viewed as a trinity. The first state of this trinity is that, upon enactment, primary legislation is a brute fact in that it is but a thing and the only property of this thing is that of being a text. The second state of this trinity is that following the act of enactment, the thing enacted will be reproduced and this reproduction is a separate thing that will sit in some repository until used. The third state of this trinity is that, upon use, this thing that is primary legislation will be transformed into an object and the user will attribute such functions and attributes to that object as are appropriate to the context within which the object is used. The thing has therefore become an object and an institutional fact. The second reason for my conclusion that primary legislation is not a law relates to the fact that the thing that is primary legislation is a text and the only function of a text is that it is available to be read. That is to say, of itself, a text is incapable of doing anything: it is the reader who defines the status of the text and attributes functions and attributes. Upon use, primary legislation thus becomes a censored input for future action and one of these actions may be some statement by a court of law. I assert that the view of primary legislation that has been accepted within the body politic is the product of the discourse of a particular subsystem of society that I have designated 'the legal practice', and I outline why and how this has occurred. Outlining a view about primary legislation also necessitates outlining a view as to the nature of the law. I assert that the law is a myth and I see this myth as a product of the discourse of the legal practice. I have asserted that although it is the judges that state the law, such statements flow from the discourse of those who practise the law. (shrink)

Whilst Luxembourg may be classified as a mini-state, its small size and population have not removed «politics» from public administration. Having outlined the legislative system, this article examines in detail the passage of the legislation for direct elections to the European Parliament focusing on the roles and functions of the relevant actors and institutions. This case study approach reveals a smooth parliamentary stage for legislation concealing a set of devices for resolving contentious or troublesome issues : special ad (...) hoc committees to advise on legislative drafts ; parliamentary committees ; splitting legislation so that legislators are formally committed to a principle before they have seen the details ; the use of delaying tactics to preclude discussion of alternatives. In addition to demonstrating these, the case also examines the effectiveness of the three main institutions, the Council of State, the Chamber of Deputies and the Government, particularly the predominance ofthe latter, on major issues. In contradistinction, however, the Council of State, despite its formally weak status, is shown to exercise a positive influence. (shrink)

Robert Alexy has argued that the democratic objection to judicial review of legislation can be successfully addressed by assuming that judges exercise a special form of argumentative representation. In this article we argue that Alexy does not explain (as he should) under what circumstances judicial review tends to produce better decisions than parliamentary procedure, nor does he explain how judicial review can have a greater intrinsic value than parliamentary procedure. Subsequently, we argue that the intrinsic value of argumentative representation (...) depends on the promotion of citizen deliberation, whereas its instrumental value depends on judges being committed to the rights of discrete and insular minorities in the face of hostile majorities. (shrink)