The Review

July 2019 Issue

articles

Constitutional Directives: Morally‐Committed Political Constitutionalism

About 37 state constitutions around the world feature non‐justiciable thick moral commitments (‘constitutional directives’). This article presents constitutional directives as obligatory telic norms, addressed primarily to the political state, which constitutionalise thick moral objectives. Properly understood, they are a key tool to realise a morally‐committed conception of political constitutionalism.

Tarunabh Khaitan

Just Cognition: Scientific Research on Bias and Some Implications for Legal Procedure and Decision‐Making

Common law judges have traditionally been concerned about bias and the appearance of bias. This article contrasts legal approaches to bias with a range of biases, explains how, notwithstanding express concern with bias, there has been limited legal engagement with many risks known to actually bias decision‐making, and discusses the implications of more empirically‐based approaches to bias for decision making and institutional legitimacy.

Gary Edmond & Kristy A. Martire

From Global to Anthropocenic Assemblages: Re‐Thinking Territory, Authority and Rights in the New Climatic Regime

In a widely read study, Saskia Sassen uses the territory, authority, rights (TAR) framework in order to analyse the transformation of social life in the West from ‘medieval’ to ‘global’ assemblages. In the context of rapid, planetary climatic change, this article examines the limitations of Sassen's TAR framework, arguing that alternative theoretical resources are required in order to grasp the changing dynamics of social life in the context of the new climatic regime.

Daniel Matthews

legislation

Thinking Outside the Box – Eliminating the Perniciousness of Box‐Ticking in the New Corporate Governance Code

The new corporate governance code has attenuated the process of ‘box‐ticking’: companies complying with the letter rather than the spirit of the provisions, and, not utilising the inherent flexibility of the code to implement their optimum firm‐specific governance structures by explaining rather than complying. This article elucidates the history of box‐ticking, and the reasons why companies succumb to it.

Bobby V. Reddy

cases

Reconsidering Transferred Loss

The Supreme Court's recent reconsideration of the ‘transferred loss’ exception stopped short of clarifying why it is justified at all. The usual candidates are that it applies to loss transferred with property, or operates more broadly to vindicate the claimant's interest in performance. This note suggests that neither is a sound basis for the rule, and that the promisee ought generally to be entitled to sue for loss suffered by third parties, but is obliged to pass on the damages he recovers.

Andrew Trotter

Dryden v Johnson Matthey: The Boundaries of Actionable Damage

In Dryden v Johnson Matthey, the Supreme Court found, unanimously, that merely becoming sensitised to platinum salts, as opposed to developing an allergic reaction, sufficed as actionable damage. However, the court only provided two ‘indicative factors’ for when damage was ‘actionable’: whether there had been some impairment, and whether the effect of that impairment was ‘more than negligible’. This approach is unclear, in tension with other parts of the judgment, and produces undesirable broader consequences.

Jarret J. Huang

book reviews

Review of den Boer, Monica (ed), Comparative Policing from a Legal Perspective, Cheltenham UK and Northampton, MA: Edward Elgar Publishing, 2018, 496 pp, hb £185.00.

Police Studies has become a major field of social scientific and socio-legal inquiry. Once a backwater of intellectual concern, arguably the politics of policing has become the defining feature of a precarious twenty-first century global ‘system’ teetering on the brink of uncertainty and insecurity. This collection provides a wealth of expert and detailed material from a strong representative selection of current international socio-legal scholarship on policing.

James Sheptycki

Review of Husa, Jaakko, Advanced Introduction to Law and Globalisation, Cheltenham: Edward Elgar, 2018, 218 pp, hb £63.00.

Advanced Introduction to Law and Globalisation provides a well-reasoned and articulated analysis of the interconnections between international law, individual rights and the fiduciary expectations of multinational businesses and international organisations. Rich in supporting narratives, this text argues that modern legal reasoning across the globe is becoming, at an ever-increasing pace, a manifestation of a shared global legal culture.

Vito Breda

Review of Chazournez, Laurence Boisson, Mbengue, Makane Moïse, Tignino, Mara and Sangbana, Romlan (eds) (associate editor Jason Rudall), The UN Convention on the Law of the Non‐Navigational Uses of International Watercourses. A Commentary, Oxford: Oxford University Press, 2018, v‐vii + 504 pp, hb £150.00.

The Commentary to the UN Watercourses Convention is without doubt a major achievement. It deals in a competent and scholarly manner with a complex Convention, which is not free from controversies. All chapters are in-formative and, at the same time, analytical.

Malgosia Fitzmaurice

Review of Gilbert, Andrew, British Conservatism and the Legal Regulation of Intimate Relationships, Oxford: Hart Publishing, 2018, 231 pp, hb £60.00.

Gilbert's subject is how government ‘holds together the apparent . . . tensions of liberty and authority in a way which maximises social order and human happiness’ among family membership. His uncontentious contention is that much work on family law ‘does seem to escape detailed politico-legal analysis’ and his book ‘aims, in part, to make a contribution to addressing this deficiency’, ‘drawing principally on a critical reading of around two million words of Hansard’. It is at its excellent best when using plain language to assess the fruits of the author’s definitive surveys of what its prime subjects actually wrote and said.

Chris Barton

Review of Masutti, Anna and Tomasello, Filippo, International Regulation of Non‐Military Drones, Cheltenham: Edward Elgar Publishing, 2018, 288 pp, hb £85.00.

In their new book, Anna Masutti and Filippo Tomasello assiduously examine many of the most pressing regulatory issues associated with civilian drone technologies. Their book is a much-needed summary of the diverse set of regulatory structures evolving across the globe to govern the nascent drone industry. The book offers an interesting glimpse into the striking variety of ways governments are responding to a disruptive innovation within a well-established and heavily-regulated industry.

Troy A. Rule

Review of Roberts, Paul and Stockdale, Michael (eds), Forensic Science Evidence and Expert Witness Testimony: Reliability Through Reform? Cheltenham: Edward Elgar Publishing, 2018, xxii + 431 pp, hb £120.00 (eBook version from £22/$31).

If forensic science and expert witness testimony were areas where everything worked perfectly, there would be no need for this book. Unfortunately, the reality is different. The usage of science in legal proceedings is affected by continuing struggles and intricate systemic problems. This book addresses two themes: evidential reliability and institutional reform. These themes are used as lenses through which the authors examine the practical and theoretical challenges that derive from problematic and faulty forensic science.

Alex Biedermann

The Review

Published July 2019
Frequency Bi-Monthly
Volume 82
Issue 4
Print ISSN 0026-7961
Online ISSN 1468-2230

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