Ethics of Prosecution

This article considers the codes of conduct of professionals carrying out prosecution work, and obedience to these codes. Such codes are referred to as the “legal ethics” of the respective professions. Three codes of conduct apply: The Code for Crown Prosecutors, the Solicitors Code of Conduct and the Code of Conduct for the Bar.Paper delivered by Professor Avrom Sherr, Director, Institute of Advanced Legal Studies as Woolf Chair in Legal Education at a Public Lecture, at the IALS in 1998

Transnational Corporations and Developing Public International Law

In recent years the international community has been developing various international codes of conduct, many of which will contain rules governing the behavior of transnational corporations (TNCs). Most of these rules are being developed with little or no direct TNC participation. Professor Charney argues that because TNCs represent major, independent centers of influence, failure to include them in the codes of conduct negotiations may result in rules that do not accurately reflect the realities of TNC interests and power. If the international community later seeks to convert these rules into legal norms, TNC resistance will probably place costly strains on both the rules and the entire international legal system. Professor Charney concludes that the international community should permit TNCs and other interested power groups to participate directly in the development of international norms applicable to their interests. But he cautions that it would be unwise to give TNCs complete international legal personality because this, too, might place undue strains on the international legal system

Making lawyers moral : Ethical codes and moral character

This article argues that professional codes of conduct cannot perform the important task of ensuring that lawyers uphold high ethical standards. Instead, moral behaviour by lawyers requires the development of fixed behavioural attributes relevant to legal practice - what may be called a lawyer's professional moral character. At the same time, however, along with other factors, professional codes are important in that they can either contribute to or detract from the successful development of professional moral character. If so, it is argued that in order to have the best chance of assisting the character development of lawyers, codes should neither take the form of highly detailed or extremely vague, aspirational norms, but should instead guide ethical decision-making by requiring them to consider a wide range of contextual factors when resolving ethical dilemmas

“Legal Form and Legal Legitimacy: The IHRA Definition of Antisemitism as a Case Study in Censored Speech”

The challenge posed by legal indeterminacy to legal legitimacy has generally been considered from points of view internal to the law and its application. But what becomes of legal legitimacy when the legal status of a given norm is itself a matter of contestation? This article, the first extended scholarly treatment of the International Holocaust Remembrance Alliance (IHRA)’s new definition of antisemitism, pursues this question by examining recent applications of the IHRA definition within the UK following its adoption by the British government in 2016. Instead of focusing on this definition’s substantive content, I show how the document reaches beyond its self-described status as a “non-legally binding working definition” and comes to function as what I call a quasi-law, in which capacity it exercises the de facto authority of the law, without having acquired legal legitimacy. Broadly, this work elucidates the role of speech codes in restricting freedom of expression within liberal states

In search of foreign influences, other than French, in nineteenth-century Belgian court decisions

In many senses, nineteenth-century Belgium can be considered to be a 'legal province' of Belgium. In the tradition of the exegetical school, legislation is the one and only formal source of law for judicial decisions. This legislation is primarily composed of the Napoleonic codes. Judges seem to be afraid of referring to other sources. If a ‘foreign’ source is quoted, it is a French one

From opt-in to obligation? : Examining the regulation of globally operating tech companies through alternative regulatory instruments from a material and territorial viewpoint

Modern society’s ever-increasing reliance on technology raises complex legal challenges. In the search for an efficient and effective regulatory response, more and more authorities – in particular the European Union – are relying on alternative regulatory instruments (ARIs) when engaging big tech companies. Materially, this is a natural fit: the tech industry is a complex and rapidly-evolving sector and – unlike the rigid classic legislative process – ARIs allow for meaningful ex ante anticipatory constructions and ex post enforcement due to their unique flexibility. However, from a territorial point of view several complications arise. Although the use of codes of conduct to regulate transnational private actors has a rich history, the way in which such codes are set out under articles 40 and 41 of the EU’s GDPR implies a ‘hardening’ of these soft law instruments that has repercussions for their relationship to the principles of territorial jurisdiction. This contribution serves as a first step for further research into the relationship between codes of conduct, the regulation of the tech industry and the territorial aspects related thereto

Nullity of contracts in the Spanish and the Philippines Civil Code

14 páginas.Trabajo de Curso de Experto Universitario en Derecho Español Impartido en Inglés: Estudio de Conjunto (2014/15). Tutor: D. José Manuel de Torres Perea. The Philippine Civil Code is strongly influenced by the Spanish Civil Code which was approved by Royal Decree of July 24th, 1889. There are many similarities between our Civil Codes that can be noted but there are also significant differences. The purpose of this report is to give a comparative legal view of one common legal category regulated in our Civil Codes, which is nullity of contracts.El Código Civil Filipino está enormemente influenciado por el Código Civil español que fue aprobado por Real Decreto de 24 de julio de 1889. Hay muchas similitudes entre nuestros dos Códigos Civiles pero también diferencias relevantes. El objeto del presente trabajo es mostrar una visión comparada de una categoría legal comúnmente regulada en ambos Códigos Civiles, que es la nulidad de los contratos

Values ethics and legal ethics: the QLD and LETR recommendations 6, 7, 10, and 11

The LETR Report recommended increased attention to ethics and values and to critical thinking. These aims could be achieved jointly through teaching ethical thinking: not as theory but as part of developing the capacity for ethical conduct. Such a pedagogy has the potential to become a QLD signature pedagogy supporting "life-narratives" of students. The LETR Report recommends a review of the QLD emphasising legal values and ethics. Concern with values and ethics is linked to concern with professional conduct. Maintaining the law degree as a general or liberal qualification is also strongly desired. These potentially conflicting drivers generate ambivalence towards legal ethics as a subject for study, especially if legal ethics is perceived as teaching the professional codes. Resolution of this tension is achievable through recognising the potential role of ethical teaching as part of an identity apprenticeship. Developing ethical character is as much a liberal as a professional aim. Ethics teaching can play an integrative role in the QLD. Formation of student identity is a central part of Higher Education taking colouration from being situated in legal education. In this context teaching legal ethics becomes the use of a salient example for carrying out the broader project of developing ethical capacity

Labor Market Regulation and the Legal System

When enacting labor market regulation governments face courts that interpret and implement the legal code. We show that the incentives for governments for labor market reform increase with the uncertainty that is involved in the implementation of legal codes through courts. Given that judges have more discretion in common as opposed to civil law systems more reform activity as a response to crises should be observed in the former system. This finding is backed by evidence from a panel of OECD countries.labor market regulation, labor courts, uncertainty, unemployment