Corporate Criminal Responsibility as Team Member Responsibility

This article puts forward a theory of corporate criminal responsibility as the shared responsibility of the members of a team for wrongdoing committed by one of their number in the pursuit of their common goals. The theory of team member [...]

Insanity as a Tort Defence

Unlike the criminal law, tort law does not recognize insanity as an answer to liability. The fact that a defendant was insane at the time of his impugned conduct is essentially ignored by tort law’s liability rules. It will be argued that this [...]



A Peculiar Sociology of Punishment{dagger}

In Peculiar Institution David Garland offers a sociological explanation for America’s retention of the death penalty in an age of abolition. But the book does much more than that. Peculiar Institution appeared exactly two decades after the [...]

The Legal Status of Body Parts: A Framework

There is legal uncertainty and academic disagreement as to the legal status of biological material that has become separated from the person. This article sets out the two criteria upon which the assessment of the legal status of ‘separated [...]

Feminism, Rape and the Search for Justice{dagger}

Justice for rape victims has become synonymous with punitive state punishment. Taking rape seriously is equated with increasing convictions and prison sentences and consequently most feminist activism has been focused on reforming the conventional [...]



Prelude to the International Tax Treaty Network: 1815-1914 Early Tax Treaties and the Conditions for Action

This article traces the history of the earliest bilateral tax treaties which were concluded prior to World War I. There are currently over 3000 bilateral tax treaties in existence and their fundamental concepts and terms can be traced back to the [...]

A Matter of Style: On Reading the Oscar Wilde Trials as Literature

The Oscar Wilde trials (1895) have usually been interpreted either as a historical document which gives insight into the regulation of sexuality in the late nineteenth century, or as literary biography explicating the playwright’s life and works. [...]

The Demarcation Problem in Jurisprudence: A New Case for Scepticism

Legal philosophers have been preoccupied with specifying the differences between two systems of normative guidance that are omnipresent in all modern human societies: law and morality. Positivists propose a solution to this ‘Demarcation [...]

Contract Formation and Mistake in European Contract Law: A Genetic Comparison of Transnational Model Rules

The article examines how the rules on formation of contract and on mistake, contained in the various transnational model rules that have been published over the past two decades, have taken shape. The approach adopted here is based on an analysis of [...]

The Break-up of the Financial Services Authority

The history of British financial market supervision seems to be repeating itself: in 1997 a new Government announced sweeping reform to the institutional framework just days after it came to power; with another new Government in place after the 2010 [...]