Western Law professor Grant Huscroft and professor Bradley Miller, along with London School of Economics professor Grégoire Webber, are the editors of the new book Proportionality and the Rule of Law, Rights, Justification, Reasoning published by Cambridge University Press.
To speak of human rights in the 21st Century is to speak of proportionality. It provides a common analytical framework for resolving the great moral and political questions confronting political communities. But behind the singular appeal to proportionality lurks a range of different understandings.
This volume brings together many of the world’s leading constitutional theorists – proponents and critics of proportionality – to debate the merits of proportionality, the nature of rights, the practice of judicial review and moral and legal reasoning.
Their essays provide important new perspectives on this leading doctrine in human rights law.
Western Law professor Margaret Martin’s new book, Judging Positivism, published by Hart Publishing, Oxford, is a critical exploration of the method and substance of legal positivism.
The book explores the manner in which theorists who adopt the dominant positivist paradigm ask a limited set of questions and offer an equally limited set of answers, artificially circumscribing the field of legal philosophy in the process. Judging Positivism primarily focuses on the writings of prominent legal positivist, Joseph Raz. Martin argues that Raz’s theory has changed over time and that these changes have led to deep inconsistencies and incoherencies in his account.
The broader vision of jurisprudential inquiry defended in this book reconnects philosophy with the work of practitioners and the worries of law’s subjects, bringing into focus the relevance of legal philosophy for lawyers and laymen alike.
In this book, edited by professors Stephen Pitel, Jason Neyers and Erika Chamberlain, leading scholars from the United Kingdom, the United States and Australia challenge established common law rules and suggest new approaches to both old and emerging problems in tort law.
Tort Law: Challenging Orthodoxy considers broad issues such as the importance of flexibility over certainty in tort law and specific topics including the role of vindication in tort law, the relationship between criminal law and tort law, the role of malice in intentional torts and the role of statutes in tort law.
They propose new approaches to contributory negligence, emotional distress, loss of a chance, damages for nuisance, the tort of conspiracy and vicarious liability.
The chapters in this book were originally presented at the sixth biennial conference on the Law of Obligations at Western University in July 2012.
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