This is Part II of a two-part piece. Part I outlined a few of the elements of the famous Hart–Fuller debate, focusing on HLA Hart’s position. Part II places the emphasis upon Lon Fuller’s response to Hart’s position. Later, in taking stock of the lessons to be learnt from the Hart–Fuller debate viewed in its […]
A Return to the Hart–Fuller Debate – Part II Read More »
In 2023, ClientEarth, a UK environmental activist group, together with other shareholders in Shell, proceeded with a derivative action against the directors of Shell Plc. Holding 27 shares in Shell Plc, ClientEarth attempted to employ a method in which a shareholder can file a lawsuit against a firm’s directors in the name of the company
It will have been difficult not to see the tale of woe behind the Willy’s Chocolate Experience, a story that dominated headlines in Scotland and beyond, as it went viral on social media: children and their parents had been looking forward to around an hour of exhilarating entertainment, at up to £35 per ticket, only
The hostility that recent UK governments have shown towards human rights continues unabated. Indeed, it is increasing. It has been manifested in a number of ways. The origins of the antipathy can be traced to certain judgments of the European Court of Human Rights (ECtHR). Notable here are Hirst v UK and Al-Skeini v UK.
The Continuing Attack upon Human Rights: The Illegal Migration Act 2023 Read More »
The case of Mr Alan Bates v the Post Office electrified the United Kingdom in the opening weeks of 2024. It has belatedly brought into the full public consciousness the miscarriage of justice where hundreds of sub-postmasters were wrongly convicted of fraud, as a result of computer software errors. The issues which the case raises
Mr Bates v The Post Office and its lessons for the Law of Contract Read More »
Progress on hydrogen-electric powertrains signals that UK airports could open to short haul hydrogen-powered air service before the end of the decade. Scottish regional airports, including Aberdeen, announced in November 2022 plans to develop short and medium range hydrogen services with leading hydrogen-electric engine firm ZerioAvia. These regional service prospects may follow projects for hybrid hydrogen
Scottish Airports’ future with hydrogen – Civil liability and safety considerations Read More »
The notion that smart contracts are not actually contracts is a common assertion found in various writings on the subject. Lawyers can be forgiven for being confused, given that ‘smart contracts’ do not qualify as contracts in the conventional sense. The term ‘contract’ in its noun form consistently denotes some form of agreement or pact.
“Smart Contracts” versus “Smart Legal Contracts”: Shifting Terminology Read More »
Introduction Disagreeing with another person is difficult and often horrible. It is hard to imagine how much more difficult this is when doctors and parents disagree on the treatment of a child with a life-limiting condition. No such cases have yet come before Scottish courts, but a number have come through English courts, of which
Introduction Historically, sovereign debt is a complicated and diverse issue with substantial repercussions for governments, corporations, and individuals. States may incur debt in the form of bonds or other instruments in order to support public expenditures and investments in infrastructure, social welfare programmes, and military costs. Debt may be a beneficial instrument for funding economic
Managing Sovereign Debt through International Tax Cooperation Read More »
In the long-established field of artificial intelligence (AI), a new dawn has emerged with the advent of generative AI. Generative AI is a branch of artificial intelligence that creates new content, such as images or text, that appears to be created by humans. This revolutionary technology has captured the attention of researchers, developers, and the
Considering the Ethical Implications of Generative AI Read More »
In previous years, the absolute favourite topic of my Postgraduate Law class on Online Dispute Resolution was the fascinating realm of new blockchain-based platforms, which always captured the attention and imagination of students. The allure of vast wealth in cryptocurrencies during the bull market, combined with intellectual possibilities like adapting the existing legal framework for
Decentralised Justice, AI, and the Pursuit of Excellence Read More »
Introduction Earlier this year, Sean Hogg, aged 21, was convicted by a jury of raping a 13-year-old girl when he was aged 17. He had no previous convictions. He was sentenced in the High Court at Glasgow to a Community Payback Order with a requirement that he carry out 270 hours of unpaid work. He
Every year a guest speaker from the Government Legal Service for Scotland is invited to give a presentation on an aspect of constitutional law to students on the undergraduate Constitutional law module at RGU Law School. This year our guest speaker was Fraser Gough whose presentation was entitled, ‘An Overview of the protection of human
Reflections on the Protection of Human Rights Read More »
(This article is in two parts. Part I outlines a few of the elements of the famous Hart-Fuller debate, touching on the relevance of the debate to the events playing out in Eastern Europe (Ukraine and Russia) in the recent past. There are parallels to be drawn between laws enacted in Hitler’s Germany during the
A Return to the Hart-Fuller Debate – Part I Read More »
In April 1940, a series of massacres took place in the forests of western USSR. Collectively known as the Katyn Massacre, it involved the mass murder of around 22,000 Polish army officers and intellectuals. Responsibility for these murders was denied until 1990 when, during glasnost, it was acknowledged that the USSR had ordered the killings.
Human Rights and the War in Ukraine Read More »
Extradition is considered an arcane, niche subject, if thought of at all. Falling between public international law and criminal law and procedure, and domestic politics and international relations, it is a subject without an obvious discipline. That does not make it less interesting and weighty. The opposite is true. Indeed, extradition is a keyhole through
The Importance and Intricacies of Extradition Read More »
