Centre for Legal Theory
About CLTNews & Announcements
2019
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Damian Chalmers has published a textbook on “European Union Law: Text and Materials”
Damian Chalmers, with co-authors, Gareth Davies and Giorgio Monti has published the fourth edition of the textbook “European Union Law: Text and Materials”. The new edition reflects the challenges facing the European Union now, with dedicated chapters on Brexit, the migration crisis and the euro area, and with further Brexit materials and analysis integrated wherever relevant. Materials from case law, legislation and academic literature are integrated throughout to present the student with the broadest range of views and deepen understanding of the context of the law. A dedicated site introduces students to the wide ranging debates found in blogs on EU law, EU affairs more generally and Brexit. This is a required text for all interested in European Union law.Simon Chesterman has published a book “The Oxford Handbook of International Law in Asia and the Pacific”
Simon Chesterman, with co-editors Hisashi Owada and Ben Saul has published a book on "The Oxford Handbook of International Law in Asia and the Pacific” by Oxford University Press. The book brings together pre-eminent and emerging specialists to analyse the approach to and influence of key states of the region, as well as whether truly 'Asian' trends can be identified and what this might mean for international order.Congratulations to Alec Stone Sweet on the award for his book
Alec Stone Sweet’s book, “Governing with Judges: Constitutional Politics in Europe” (OUP, 2000) has received a Lasting Contribution Award from the Law and Courts Section of the American Political Science Association.Rachel Leow to present her paper at the United Kingdom in October 2019
Rachel Leow to present a paper, “Attribution: Companies in Private Law” at LSE Private Law Forum, London School of Economics, United Kingdom, 17 October 2019.Rachel Leow to publish an article “Two Kinds of Agency"
Rachel Leow to publish an article “Two Kinds of Agency" Supreme Court Law Review, 93 (2019): 385-411Rachel Leow to publish a case note “The Death of Stack in Singapore"
Rachel Leow to publish a case note “The Death of Stack in Singapore" (2019) 135 Law Quarterly Review 535-540Timothy Liau to present a paper at SLS Restitution Subject Section in September 2019
Timothy Liau is presenting a paper, “Revisiting Re Diplock in ITC’s aftermath: Rights, Standing, and ‘at the expense of’”, at the Society of Legal Scholars (SLS) Conference, Restitution Subject Section, at the University of Central Lancashire, 3-6 September 2019.Rachel Leow to present her paper at the University of Central Lancashire in September 2019
Rachel Leow to present a paper, “Proper Purposes” at the Society of Legal Scholars Annual Conference 2019, University of Central Lancashire, 3-6 September 2019.Arif Jamal has published an article in the South China Morning Post
Arif Jamal has published an article “Criminalising talaq Muslim divorce in India is overkill” in the South China Morning Post.Rachel Leow presented her paper at the Modern Studies in the Law of Trusts and Wealth Management 2019 in August 2019
Rachel Leow presented a paper, “Proper Purposes” at the Modern Studies in the Law of Trusts and Wealth Management 2019 Conference, Singapore, 1-2 August 2019.Arif Jamal presented a paper on Islamic Wealth Management in Singapore in August 2019
Arif Jamal presented a paper, “Islamic Wealth Management in Singapore”, at the 3rd Trusts & Wealth Management Conference organized by SMU and SAL, held in Singapore, 1-2 August 2019.Andrew Halpin posted a paper on Axioms of Correlativity
Andrew Halpin has posted, "Choosing Axioms of Correlativity" on SSRN.James Penner presented his paper at the University of New South Wales, Sydney in July 2019
James Penner attended the Justifying Private Law Conference at the University of New South Wales on July 19th and 20th, 2019, and presented his paper “Justifying private law: reasons-fundamentalist instrumentalism and the Kantian account”.James Penner presented his paper at the University of Toronto, Canada in June 2019
James Penner attended the University of Toronto Law Journal Symposium on the Idea of Office: Perspectives from Private Law, Public Law, and Jurisprudence on June 13th and 14th, 2019, and presented his paper “The Office of Trusteeship and its Discontents”.Andrew Halpin presented a paper on Legal Competence at IVR World Congress in July 2019
Andrew Halpin presented a paper, “Some Central Puzzles Regarding the Relationships between Competence (Power), Permission (Liberty), Decision and Choice", at the Special Workshop on Legal Competence at the 29th IVR World Congress, Lucerne, Switzerland, 7-12 July 2019.William Bain gave a talk at the Aberystwyth University, Wales
William Bain gave a talk on “History and the Problem of the 20th Century” at the Interpol Centenary Academic Conference, Department of International Politics, Aberystwyth University, 17-19 June 2019.Rachel Leow presented her paper at the University of Leeds, England in June 2019
Rachel Leow presented a paper, “The Place of Unjust Enrichment in Singapore” at The Place of Restitution in the Modern Law: 30 Years after ‘An Introduction to the Law of Restitution’ Workshop, at the University of Leeds, 11 June 2019.Diego Mejía-Lemos presented his paper at the University of Groningen, Netherlands in May 2019
Diego Mejía-Lemos was invited by the European Society of International Law (ESIL) Interest Group on International Legal Theory and Philosophy to present his paper “Customary International Law and the Regulation of the Sources of International Law” at the Conference on The Theory and Philosophy of Customary International law and its Interpretation, 24-25 May 2019. The conference was jointly organized with, and hosted by, the University of Groningen, and was sponsored by funds provided by the European Research Council (ERC), in connection with an ERC project based at the University of Groningen, with which Diego had collaborated from earlier this year. The invitation to present a paper resulted from a competitive selection of abstracts. Furthermore, out of the more than 50 participants competitively selected, Diego was included among the four speakers who addressed the full conference, in the only plenary session.Ho Hock Lai recently accepted new appointment with Editorial Committee of the Journal
Ho Hock Lai recently accepted appointment as a member of the Editorial Committee of the journal “Quaestio Facti. International Journal on Evidential Legal Reasoning”Ivan Lee has published an article “British extradition practice in early colonial Hong Kong”
Ivan Lee has published an article on "British extradition practice in early colonial Hong Kong" (2019) 6(1) Law & History 85-114Rachel Leow has published an article “Recovering Mistaken Payments before the Financial Ombudsman"
Rachel Leow has published an article “Recovering Mistaken Payments before the Financial Ombudsman" (2019) Lloyds Maritime & Commercial Law Quarterly 215-241Terry Nardin has published an article “The International Legal Order 1919–2019"
Terry Nardin has published an article “The International Legal Order 1919–2019" (2019) International RelationsCongratulations to Timothy Liau on being awarded a Merton Graduate Prize Scholarship
Timothy Liau has been awarded a Merton Graduate Prize Scholarship, on being assessed as a research postgraduate “of the highest distinction” in a competition across all post-graduate research students at Merton College, regardless of discipline and funding.William Bain has published an article “Continuity and Change in International Relations 1919-2019"
William Bain has published an article “Continuity and Change in International Relations 1919-2019" (2019) 33(2) International Relations 132-141William Bain has published an article “International Anarchy and Political Theology: Rethinking the Legacy of Thomas Hobbes" William Bain has published an article “International Anarchy and Political Theology: Rethinking the Legacy of Thomas Hobbes" (2019) 22(2) Journal of International Relations and Development 278-99 William Bain was awarded the Best Paper Prize (Senior Scholar) for the English School Section of the International Studies Association. William Bain was awarded the Best Paper Prize (Senior Scholar) for the English School Section of the International Studies Association. The paper was entitled “Excavating Presuppositions as an Approach to Normative Change”. William Bain presented his paper at the Annual Conference of the International Studies Association, Toronto
William Bain presented his paper, “The Myth of the Grotian Tradition and Why it Matters for the Theory of International Society” at the Annual Conference of the International Studies Association, Toronto, 27-30 March 2019.Andrew Simester has published a book on “Simester and Sullivan's Criminal Law”
This is the new edition of the leading textbook on criminal law by Andrew Simester and Bob Sullivan, now co-written with Professors Spencer, Stark and Virgo. Simester and Sullivan's Criminal Law is an outstanding account of modern English criminal law, combining detailed exposition and analysis of the law with a careful exploration of its theoretical underpinnings. Primarily, it is written for undergraduate students of criminal law and it has become the set text in many leading universities. Additionally, the book is used as an important point of reference in academic writing and postgraduate research in England and abroad. Simester and Sullivan's Criminal Law has been cited by appellate courts throughout the world.Simon Chesterman has published a book “The Oxford Handbook of United Nations Treaties”
Simon Chesterman, with co-editors David M. Malone, and Santiago Villalpando has published a book on "The Oxford Handbook of United Nations Treaties” by Oxford University Press. The United Nations is a vital part of the international order. Yet this book argues that the greatest contribution of the UN is not what it has achieved (improvements in health and economic development, for example) or avoided (global war, say, or the use of weapons of mass destruction). It is, instead, the process through which the UN has transformed the structure of international law to expand the range and depth of subjects covered by treaties.Alec Stone Sweet has published a book on “Proportionality Balancing and Constitutional Governance :A Comparative and Global Approach"
Alec Stone Sweet with Jad Mathews has published a book on “Proportionality Balancing and Constitutional Governance :A Comparative and Global Approach” by Oxford University Press. In this book, Alec Stone Sweet and Jud Mathews focus on the law and politics of rights protection in democracies, and in human rights regimes in Europe, the Americas, and Africa. After introducing the basic features of modern constitutions, with their emphasis on rights and judicial review, the authors present a theory of proportionality that explains why constitutional judges embraced it. Proportionality analysis is a highly intrusive mode of judicial supervision: it permits state officials to limit rights, but only when necessary to achieve a sufficiently important public interest.Rachel Leow has published an article “Understanding Agency: A Proxy Power Definition"
Rachel Leow has published an article on "Understanding Agency: A Proxy Power Definition " (2019) 78(1) Cambridge Law Journal 99-123Andrew Halpin has published an article “Correlativity and its Logic: Asymmetry not Equality in the Law"
Andrew Halpin has published an article on "Correlativity and its Logic: Asymmetry not Equality in the Law" (2019) 32(1) Canadian Journal of Law and Jurisprudence 83-108Arif A. Jamal & Jaclyn Neo publishes an article “Religious Pluralism and the Challenge for Secularism”
Arif A. Jamal & Jaclyn Neo publishes an article on "Religious Pluralism and the Challenge for Secularism" (2019) 7(1) Journal of Law, Religion and StateTan Zhong Xing publishes an article “Disrupting doctrine? Revisiting the doctrinal impact of relational contract theory”
Tan Zhong Xing publishes an article on "Disrupting doctrine? Revisiting the doctrinal impact of relational contract theory" (2019) 39(1) Legal Studies 98-119Swati Jhaveri has published a book chapter “Reclaiming Indian Administrative Law"
Swati Jhaveri, with co-author Farrah Ahmed has published a chapter "Reclaiming Indian Administrative Law" in Devesh Kapur, Madhav Khosla eds., Regulation in India: Design, Capacity, Performance (Hart Publishing, 2019) 59-75Swati Jhaveri has published a book chapter “Sunsetting suspension orders in Hong Kong”
Swati Jhaveri has published a chapter "Sunsetting suspension orders in Hong Kong" in Yap Po Jen ed., Constitutional Remedies in Asia (Routledge, 2019) 49-63Arif A. Jamal has published a book chapter “Regulatory Markers”
Arif A. Jamal has published a chapter “Regulatory Markers" in Jaclyn Neo, Arif A Jamal & Daniel P.S. Goh eds., Regulating Religion in Asia: Norms, Modes, and Challenges (Cambridge University Press, 2019) 19-37Jaclyn Neo has published a book chapter “Conceptualizing the Regulation of Religion: A Preliminary Framework for Inquiry"
Jaclyn Neo has published a chapter "Conceptualizing the Regulation of Religion: A Preliminary Framework for Inquiry" in Jaclyn Neo, Arif A Jamal & Daniel P.S. Goh eds., Regulating Religion in Asia: Norms, Modes, and Challenges (Cambridge University Press, 2019) 38-58A.P Simester has published a book on “Principles of Criminal Law”
A.P. Simester, with co-author Warren Brookbanks & Neil Boister has published a book on "Principles of Criminal Law (5th edition)” by Thomson Reuters, New Zealand. Principles of Criminal Law offers a sophisticated account of New Zealand criminal law, combining theoretical depth with an authoritative exposition of the substantive areas of law encountered in the study and practice of criminal law. It remains the only book title offering in-depth analysis of the topic in the New Zealand market.Jaclyn Neo, Daniel Goh & Arif A. Jamal publishes a book “Regulating Religion in Asia: Norms, Modes and Challenges”
Jaclyn Neo, Daniel Goh & Arif A. Jamal has published a book on "Regulating Religion in Asia: Norms, Modes and Challenges” by Cambridge University Press. In recent years, law and religion scholarship has increasingly emphasized the need to study the interaction of legal and religious ideas and institutions, norms and practices. The overall question that this scholarship explores may be stated as follows: how do legal and religious ideas and institutions, methods and mechanisms, beliefs and believers influence each other, for better and for worse, in the past, present and future? This volume engages this area of scholarship by examining how law regulates religion, and how religion responds to such regulations. It examines underlying norms influencing state regulation of religion, and challenges emerging from such regulation. Importantly, this volume will go beyond the conventional enquiries that draw upon the Anglo-European approaches and experiences, and emphasize instead Asian perspectives in order to expand and build upon existing understandings about the complex relationship between law and religion.Jaclyn Neo has published a book “Pluralist Constitutions in Southeast Asia”
Jaclyn Neo, with co-editor Bui Ngoc Son has published a book on "Pluralist Constitutions in Southeast Asia” by Hart Publishing. This book examines the presence of ethnic, religious, political, and ideational pluralities in Southeast Asian societies and how their respective constitutions respond to these pluralities. Countries covered in this book are Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Vietnam.Tan Hsien-Li has published a book “Can ASEAN Take Human Rights Seriously?”
Tan Hsien-Li, with co-author Alison Duxbury has published a book on "Can ASEAN Take Human Rights Seriously?” by Cambridge University Press. The adoption of the ASEAN Charter in 2007 represented a watershed moment in the organisation’s history—for the first time the member states explicitly included principles of human rights and democracy in a binding regional agreement. Since then, developments in the region have included the creation of the ASEAN Intergovernmental Commission on Human Rights in 2009 and the adoption of the ASEAN Human Rights Declaration in 2012. Despite these advances, many commentators ask whether ASEAN can take human rights seriously. The authors explore this question by comprehensively examining the new ASEAN human rights mechanisms in the context of existing national and international human rights institutions. This book places these regional mechanisms and commitments to human rights within the framework of the political and legal development of ASEAN and its member states and considers the way in which ASEAN could strengthen its new institutions to better promote and protect human rightsArif A. Jamal and Jaclyn L.C. Neo’s have published a special issue on “Religious Pluralism and the Challenge for Secularism”
Arif A. Jamal and Jaclyn L.C. Neo have published a special issue of the Journal of Law, Religion & State — Religious Pluralism and the Challenge for Secularism. The special issue was edited by Arif and Jaclyn. In their introduction, Arif and Jaclyn discuss how changing religious demographics and heightened religious plurality are challenging existing thinking about, and patterns of, state-religion relations and the nature of the ‘secular state’.J.R. Edwards and A.P. Simester has published an article “Crime, Blameworthiness, and Outcomes"
A.P. Simester, with co-author J.R. Edwards has published an article “Crime, Blameworthiness, and Outcomes" (2019) Oxford Journal of Legal StudiesA.P. Simester and G.R. Sullivan has published a case note “Causing Euthanasia"
A.P. Simester and G.R. Sullivan, “Causing Euthanasia” (2019) 135 Law Quarterly ReviewA.P. Simester gave a lecture at the Uppsala University, Sweden in January 2019
Andrew Simester gave a lecture at Uppsala University, Sweden on 24 January 2019. The lecture, entitled “The Four Foundational Principles of Criminal Law”, was given in acceptance of the award of an Honorary Doctorate in recognition of his international contributions to criminal law and theory. The degree of Juris Doctor Honoris Causa was first awarded at Uppsala in 1600, and the ceremony of conferral is largely unchanged since that time. Professor Simester is one of only a few academics working in the common-law tradition to receive this honour, which comes from the leading university in Scandinavia; one that boasts some of the world’s greatest scholars, including Carl Linnaeus and Anders Celsius, as well as numerous Nobel Laureates.
2018
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James Penner presented a paper at the Melbourne Law School in December 2018
On December 17th and 18th, 2018, James Penner attended the ‘Trust and Fiduciaries’ conference at Melbourne Law School, hosted by Matthew Harding (Melbourne) and Paul Miller (Notre Dame), and presented his paper 'Fiduciaries Behaving Badly: When and How is ‘Bad Faith’ Relevant?’William Bain presented a paper at the Institute for Conflict, Cooperation, and Security, University of Birmingham in December 2018William Bain presented a paper, ‘Theorising the States System in the Mirror of Theology’ at the Institute for Conflict, Cooperation, and Security, University of Birmingham on 12 December 2018 William Bain presented a paper at the School of International Relations, University of St Andrews in December 2018
William Bain presented a paper, ‘ Myth, Anachronism, and the English School: Rethinking Grotius and the Theory of International Society’ at the School of International Relations, University of St Andrews on 10 December 2018Arif A. Jamal has published a book chapter “ADR and Islamic law: the cases of the UK and Singapore"
Arif A. Jamal has published a book chapter “ADR and Islamic law: the cases of the UK and Singapore" in Nadirsyah Hosen ed., Research Handbook on Islamic Law and Society (Edward Elgar Publishing, 2018) 120-140.Arif A. Jamal presented in a seminar entitled Islam, Law, and the State in the Making of the Modern World in November 2018
Arif A. Jamal has presented in a seminar on his book entitled “Islam, Law and the Modern State: (Re)imagining Liberal Theory in Muslim Contexts” at the University of Victoria (Canada) hosted by the Centre for Asia-Pacific Initiatives (CAPI). An audio recording was made and is now on SoundCloud at: https://soundcloud.com/user-469605606/sets/capi-november-28-2018.Andrew Halpin publishes an article “The Tigerish Nature of Legal Normativity”
Andrew Halpin publishes an article “The Tigerish Nature of Legal Normativity” (2018) Revus: Journal for Constitutional Theory and Philosophy of Law / Revija za ustavno teorijo in filozofijo prava [Available Online]Dr John Stanton-Ife and Andrew Simester presented a paper at the King’s College London in October 2018
Dr John Stanton-Ife and Andrew Simester presented a paper ‘Justifications and Numbers’ at the Michaelmas Hearings series at King’s College, London in October 2018.James Penner presented a paper at the Rutgers Law School in October 2018
On October 5th and 6th, 2018, James Penner attended the ‘Civil Wrongs’ conference at Rutgers Law School, hosted by John Oberdiek (Rutgers) and Paul Miller (Notre Dame), and presented his paper, 'Don’t Crash into Mick Jagger when He is Driving his Rolls Royce: Liability in Damages for Economic Loss Consequent upon a Personal Injury’.William Bain presented a paper at the Kellogg Institute, University of Notre Dame in September 2018
William Bain presented a paper, ‘Political Theology of International Order’ at the Kellogg Institute, University of Notre Dame on 24 September 2018James Penner’s new edited volume on “Property Theory: Legal and Political Perspectives” has been published by Cambridge University Press
Property, or property rights, remains one of the most central elements in moral, legal, and political thought. It figures centrally in the work of figures as various as Grotius, Locke, Hume, Smith, Hegel and Kant. This collection of essays brings fresh perspective on property theory, from both legal and political theoretical perspectives, and is essential reading for anyone interested in the nature of property. Edited by two of the world's leading theorists of property, James Penner and Michael Otsuka, this volume brings together essays which consider, amongst other topics, property and public law, the importance of legal forms in property theory, whether use or exclusion are most essential to our understanding of property, distributive justice, Lockean and Grotian theories, the common ownership of the Earth, and Confucian ideas of property.
Tan Zhong Xing won the Hart Publishing Prize for the best paper by an early career scholar at the Ninth Biennial Conference on the Law of Obligations at Melbourne Law School
He presented a paper on “Contract Law in an Emerging Age of Proportionality: From Form to Substance and Beyond”, which was chosen by the judging panel of Professor Andrew Burrows, Justice James Edelman, and Professor Barbara McDonald.
Mike Dowdle has published a new book on “Questioning the Foundations of Public Law”
Mike Dowdle's new book, co-edited with Michael Wilkinson of the LSE, Questioning the Foundations of Public Law has been published by Hart. In 2010, Martin Loughlin, Professor of Public Law at the LSE, published Foundations of Public Law, 'an account of the foundation of the discipline of public law with a view to identifying its essential character'. The book has become a landmark in the field, and it has been said, notably by one of its major critics, that it now provides the 'starting point' for any deeper inquiry into the subject. The purpose of this volume is to engage critically with Foundations – conceptually, comparatively and historically – from the viewpoints of public law, private law, political, social and legal theory, as well as jurisdictional perspectives including the UK, US, India, and Continental Europe.
Arif A Jamal publishes a book “Islam, Law and the Modern State: (Re)imagining Liberal Theory in Muslim Contexts”
Arif Jamal publishes a book “Islam, Law and the Modern State: (Re)imagining Liberal Theory in Muslim Contexts” with Routledge.
Within the global phenomenon of the (re)emergence of religion into issues of public debate, one of the most salient issues confronting contemporary Muslim societies is how to relate the legal and political heritage that developed in pre-modern Islamic polities to the political order of the modern states in which Muslims now live. This work seeks to develop a framework for addressing this issue. The central argument is that liberal theory, and in particular justice as discourse, can be normatively useful in Muslim contexts for relating religion, law and state. Just as Muslim contexts have developed historically, and continue to develop today, the same is the case with the requisites of liberal theory, and this may allow for liberal choices to be made in a manner that is not a renunciation of Muslim heritage.
Nicole Roughan and Andrew Halpin publish "A response" to commentators on In Pursuit of Pluralist Jurisprudence in March 2018
Nicole Roughan and Andrew Halpin's response to commentators in a review symposium on their edited collection In Pursuit of Pluralist Jurisprudence has been published in Transnational Legal Theory, 8:4, 415-423.
Andrew Halpin posts "A Story of Jurisprudence and True Philosophy" in March 2018
Andrew Halpin has posted an online reflection, "A Story of Jurisprudence and True Philosophy", on JOTWELL Jurisprudence, prompted by recent discussion of the renaissance characterization of Jurisprudence as vera philosophia (true philosophy).
Nicole Roughan presented a paper at the Julius Stone Institute, University of Sydney in March 2018
Nicole Roughan presented a paper, ‘Why Authority? A Jurisprudence between Plurality and Pluralism’ at the Julius Stone Institute, University of Sydney, 22 March 2018.
James Penner has published an article "'We All Make Mistakes: A ‘Duty of Virtue’ Theory of Restitutionary Liability for Mistaken Payments"
James Penner has published an article on “We All Make Mistakes: A ‘Duty of Virtue’ Theory of Restitutionary Liability for Mistaken Payments” (2018) 81(2) Modern Law Review 222–246.
Benjamin Schupmann publishes an article “Responding to the rise of extremist populism”
Benjamin Schupmann publishes an article “Responding to the rise of extremist populism” on OUPblog post, 5 Feb 2018.
Sinja Graf has published an article online "A Trespass against the Whole Species”: Universal Crime and Sovereign Founding in John Locke’s Second Treatise of Government"
Sinja Graf has published an article on “A Trespass against the Whole Species”: Universal Crime and Sovereign Founding in John Locke’s Second Treatise of Government” (2018) Political Theory (available online)
Benjamin Schupmann publishes a book “Carl Schmitt’s State and Constitutional Theory: A Critical Analysis”
Benjamin Schupmann publishes a book “Carl Schmitt’s State and Constitutional Theory: A Critical Analysis” with Oxford University Press.
CLT warmly congratulates CLT members, Tan Zhong Xing & Rachel Leow, on their appointments as Assistant Professors in NUS Law!
