Comparison of the Status of the Monarch’s Speech in Parliament between the UK and Japan

1.Introduction Both the United Kingdom and Japan have had a constitutional monarchy for a long period of history. The monarch acts as the “head of state”, and many royal prerogatives have been removed by Parliament and the cabinet under each country’s constitution in recent years. However, the monarchs of both countries still have an important… More Comparison of the Status of the Monarch’s Speech in Parliament between the UK and Japan

Do Indian women have a right to choose whether, when and whom to marry?

  A.   Analysing the problem in the indian context Cases of child marriage, which are widespread in India, illustrate the denial of the right to chose ‘when to marry’ given the children are not capable of giving their consent freely. Similarly, the practice of forced marriage implicates denial of both the right to choose ‘when’… More Do Indian women have a right to choose whether, when and whom to marry?

Can Hart’s ‘middle way’ between Moralism and Reductivism be rescued? A Character-based attempt at social normativity

Hart’s The Concept of Law has left positivism uneasy with the philosophical divide between moralism and reductivism. The Hobbesian notion of moral chaos, from which positivism is derived, requires that the law be understood independently from subjective moral values, and the rejection of moralist accounts. A reductivist legal theory, Hart argues, is insufficient in that… More Can Hart’s ‘middle way’ between Moralism and Reductivism be rescued? A Character-based attempt at social normativity

Assisted Suicide

The right to life; this is often thought to be the most fundamental human right, protected by Article 2 of the European Convention on Human Rights (ECHR).  What seems to be a fairly unquestionable right, in fact carries with it the weight of controversy and uncertainty. ‘Not only is the right to life protected by… More Assisted Suicide

The Arab Spring – The Seeds of Change

A decade ago, Susan Marks (arguably one of the big names in legal theory) tried to rationalise the relationship between theory and practice in the context of paradigm-shifting events. She did so in a paper reflecting on an unexpected reaction from a conference attendee: “Reflections on a Teach-in Walk-out.” January 2002, Afghanistan is invaded by… More The Arab Spring – The Seeds of Change

The Social Dimension of Ethics: A Comparative Analysis

Prolegomena How do we reach a conclusion that an act is morally right? Do we take other people into account when performing a morally right act? And what does this imply about our relations with other people? Moral philosophy addresses this interrelated array of questions concerning the social implications of ethics. Here I shall employ… More The Social Dimension of Ethics: A Comparative Analysis

On Aspects of Legal Romanticism: Either-Or-Mentality

Legal Romanticism, Part 2 of 6 The judge – such is a common view – in deciding what is right, determines what is wrong, too. Similar to field researchers observing natural phenomena, e.g. biologists, the judge ought to look at legal disputes as an unattached spectator. She or he should ideally represent the neutral perspective… More On Aspects of Legal Romanticism: Either-Or-Mentality

Article 8 and Minors’ Right to Refuse Medical Treatment

For a competent, conscious, adult patient, the doctor must obtain consent to any bodily contact or else risk a legal action in the tort of battery. This is the case whether or not the patient has suffered any harm as a result of the touching, as the tort of battery, unlike negligence, is strict and… More Article 8 and Minors’ Right to Refuse Medical Treatment

European Citizenship and Fundamental rights: The Zambrano Case

The European Court of Justice (hereafter “ECJ”) decision in the Zambrano case; C-34/09, of 8 March 2011, has inaugurated a new approach or, as it is said,[1] a new doctrine regarding EU citizenship rights. This judgment has tangible repercussions on the human rights debate within the boundaries of the European Union due to its implications… More European Citizenship and Fundamental rights: The Zambrano Case