Hidden Law-makers: Uncovering ‘tiers of invisibility’ in the law on best interests

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by Suzanne Doyle Guilloud, Senior Research Associate, University of Bristol Law School

Courtroom by Al Arthur

Since November 2018, BABEL (‘Balancing Best Interests in Healthcare Ethics and Law’), a joint Wellcome Trust funded project between the Centre for Ethics in Medicine (CEM) and the Centre for Health, Law, and Society (CHLS), has been researching the nature and purpose of the concept of ‘best interests’ as it applies to both adults and children deemed to lack decision-making capacity in healthcare matters in England and Wales. (more…)

The Convergence of Law, Race, and Development

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by Foluke Adebisi, University of Bristol Law School

In an entry in the Encyclopedia of Law and Development, Edward Elgar Publishing, 2021, I examine the nexus of the seemingly straightforward concepts of law, race, and development. The full text can be accessed here or through your local library or other institutional channels. [Alternatively, contact me.] This blog post briefly summarises my reflections on this convergence. In the encylopedia entry itself, I explore how a critical examination of the nexus between the three [i.e. law, race, and development] uncovers how they co-constitute each other, sometimes in negative ways. It is important, however, to begin any examination with an understanding that ‘race’ is not a legitimate scientific categorisation of humanity – it is neither neutral or objective. (more…)

The Views of the Human Rights Committee in A.S., D.I., O.I. and G.D. v Italy and the Right to Life at Sea

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by Professor Sir Malcolm Evans & Dr Sofia Galani (University of Bristol)

On 22 April 2021, the University of Bristol Law School hosted a closed meeting on the findings of the Human Rights Committee in A.S., D.I., O.I. and G.D. v Italy. The hosts of the event, Professor Sir Malcolm Evans and Dr Sofia Galani, welcomed academic experts on international human rights law and the law of the sea from UK, European and Australian institutions who reflected on the findings of the Human Rights Committee (the Committee) and discussed the potential impact of its findings on the future of human rights protection at sea. The facts of the complaint, the views of the Committee as well as the dissenting opinions are of great interest and are well worth being read in full. Here, we will only summarise some key points with a view to highlighting the significance of the decision and providing some background into the discussions. (more…)

To Marry and to Burn: Punishing domestic treachery in medieval England

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By Gwen Seabourne, University of Bristol Law School

Photo credit: Photo by Zachary Kadolph on Unsplash

One of the less enthusiastic endorsements of marriage is to be found in the words of St Paul’s first letter to the Corinthians: ‘it is better to marry than to burn’. His point was that celibacy was the best way to live, but those too weak to resist the temptations of the flesh could take the second best option of monogamous marriage. Before the Protestant Reformation in England, there were those who followed what this passage portrayed as the higher path, dedicating themselves to a life of celibacy and the service of God in monasteries and convents, but for most people, the expectation was marriage. Marriage and fire were, however, not as distant, one from the other, as St Paul’s words would imply. (more…)

Resisting Rape as Revolutionary Praxis

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by Yvette Russell*, The Law School, University of Bristol

In this seminar I argue for the need to think resistance to rape as part of a much broader feminist decolonial revolutionary praxis. I approach feminist anti-rape praxis in view of the consistent failure of criminal justice but also with an eye on the political present, which is characterised by profound inequality, state violence and repression, and the outright breakdown of many aspects of the social contract. To fully comprehend what the harm of sexual violence means and why it happens, we need to insist on a critical continuity between the diagnostic aspect of feminist philosophical scholarship on rape and a theoretically robust strategy for resistance.

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Modernising the Mental Health Act: Will more rights lead to less wrongs?

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by Professor Judy Laing, University of Bristol Law School

The government published a White Paper in January 2021 outlining proposals to reform the Mental Health Act in England and Wales.  The government has consulted on these proposals and the consultation period closed a few weeks ago on 21st April 2021. We now await further announcements on the government’s plans following this consultation process. I am currently engaged in a parliamentary academic fellowship, working with Lizzie Parkin (a University of Bristol alumna) in the House of Commons Library Social Policy section. The Library offers an impartial research and information service for MPs and their staff. Part of my role involves working on research briefings to inform Members of Parliament on business in the House of Commons. Mental health law reform will no doubt be debated in parliament in the coming months and I have developed a detailed research briefing on the proposals in the White Paper to assist parliamentarians with that process. (more…)

Maintaining a Former Spouse: Villiers v Villiers and family law in England, Wales & Scotland

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By the ‘Fair Shares’ Project Team: Emma Hitchings, Caroline Bryson, Gillian Douglas, Susan Purdon and Donna Crowe-Urbaniak

 

Fair Shares – Sorting out money and property on divorce is a new study, funded by the Nuffield Foundation, which will explore the arrangements couples reach relating to their finances and property when they divorce. Using a large-scale survey and in-depth interviews, it will examine what arrangements they make, how they arrive at them and how well they think they have met their expectations. The aim is to provide hard data for law reformers seeking to update the law, and insights for judges, practitioners and divorcing couples themselves on ‘what works’ best. (more…)

Do multiple choice tests have a role to play in academic legal education?

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by Imogen Moore (University of Bristol, Law School) and Lee Price (University of West of England)

Multiple choice tests (MCTs) can get a bit of a bad rap, sometimes seen as little more than quizzes to test basic knowledge, with no real place in a respectable law programme. But the acceleration of changes to teaching and assessment in response to the pandemic should prompt further consideration of the role of MCTs in academic legal education. And such consideration is particularly timely with MCTs now a key element of assessment for professional legal qualification under the recently approved new Solicitors Qualifying Examination (SQE). (more…)

“Tailoring” the Close Connection Test for Sexual Abuse Victims: Vicarious Liability in the Court of Appeal

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by Paula Giliker, Professor of Comparative Law, University of Bristol Law School.

 

The doctrine of vicarious liability renders a defendant strictly liable for the torts of another (X) where:

  • Stage One: the defendant is in a relationship with X which makes it fair and just for the law to make the defendant pay for the tortious conduct of X; and
  • Stage Two: there is a close connection between this relationship and X’s wrongdoing.

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Why the proposed post-Brexit procurement reform may not achieve the transformation it intends

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By Professor Albert Sanchez-Graells (University of Bristol Law School).

Until recently, public procurement law and practice have rarely been at the forefront of public and political debates. The UK government’s procurement reaction to the pandemic continues to generate scathing reports—such as the most recent one on PPE procurement by the House of Commons Public Accounts Committee—and the emerging lessons show the need to strengthen this area of public governance. Against this background, it is timely to reflect on the government’s recent proposals to reform public procurement law in the Green Paper ‘Transforming Public Procurement’. (more…)