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For too long human rights have been used to support a legal approach to domestic violence which is non-interventionist. This article discusses the ways in which human rights can be used to compel an approach to cases of domestic violence which requires state action to protect those harmed by...
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This contribution examines the state or community interests in financial arrangements on divorce. It argues against regarding ancillary relief cases as `private` matters or justifying the courts` jurisdiction by analogy to claims based on contract or tort. It outlines eight different interests...
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This article defends the claim that sexual penetration is a prima facie wrong: it requires justification. We defend this claim by reference to considerations relating the use of physical force required to achieve sexual penetration, the occurrence and risk of harm posed by sexual penetration,...
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To understand fully the significance of Michael Sandel's contribution to political philosophy, and the particular role of trade unions within that vision, it is vital to understand the liberal public philosophy that Sandel has devoted his professional life to opposing. It was through Sandel's...
Persistent link: https://www.econbiz.de/10013105281
Statutory recognition procedures reflect legislative choices. In collective labour relations, however, legislators never start with a blank canvas. In the UK context, the concepts of political neutrality and collective autonomy are deeply inscribed into the historical fabric of industrial...
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This article examines the context to the declining use of statutory recognition machinery to achieve collective bargaining in the UK, using Thaler and Sunstein's recent work on ‘choice architectures' as a way of understanding the dynamics of preference formation in this context. It suggests...
Persistent link: https://www.econbiz.de/10013105286