7,658 research outputs found

    Is it possible to identify a category of ‘Law Film’ and how might it be applied?

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    This summary explores a large body of published work that has sought to develop both teaching and research in what has been termed film and the law or perhaps more accurately ‘cinematic justice'. The first section outlines the diversity of methodological approaches that have been used in the area generally but also within the submitted pieces that form the main body of the work. The second part outlines the problems in identifying the core material that now forms the basis of the subject. It charts the attempts to expand the base beyond courtroom drama and explores the engagement with areas of film theory. A thread that runs through the published work from start to finish has been identifying what a legal film is or might be. At the start this was not explicitly recognized as a question of genre, there was no established framework to apply. A large part of the scholarship has involved analyzing films and searching out common elements and ideas in order to invigorate the process. The third section addresses the synthesis of teaching and research that has always been a central feature of the enterprise. Developing a new ‘pedagogy’ for legal teaching seemed important - then became outdated - but now, it is argued, has the potential for a rebirth. This section makes the case for new thinking about using television material to explore the ideology within legal portrayals. The summary also reflects the author’s highly significant role in the contribution to the development of the area more generally

    Beyond Kolpak: EU Law’s unforeseen contribution to the movement of African Cricketers

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    The movement of professional cricketers from South Africa to England to play in County Cricket has expanded since the late 1960s. It became more attractive during the period of South African isolation and some players saw English cricket as a route to play at Test match level through changing national allegiance. This paper explores the role of law in facilitating movement in two ways. First, in the case of Greig, the attempt to ban players who chose to participate in the new commercial venture, World Series Cricket, was overturned. Second, in the Kolpak case a decision of the European Court of Justice paved the way for South Africans and Zimbabweans to abandon their national side and play in England as domestic players without the usual constraints applied to overseas players. The opportunity was taken by numerous players because of the political upheaval in cricket that was contemporaneously taking place in both South Africa and Zimbabwe. The movement of players caused concern in both South Africa and England and led to a re-consideration of the financial relationships between governing bodies and players

    The Sanctity of the Village Green: Preserving Lord Denning's Pastoral Vision

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    The Sanctity of the Village Green: Preserving Lord Denning's Pastoral Visio

    Unconscionability and Contract: The creeping shoots of Bundy

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    Unconscionability and Contract: The creeping shoots of Bund

    Slicing Strategies for the Generalised Type-2 Mamdani Fuzzy Inferencing System

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    The final publication is available at Springer via http://dx.doi.org/[insert DOI]".As a three-dimensional object, there are a number of ways of slicing a generalised type-2 fuzzy set. In the context of the Mamdani Fuzzy Inferencing System, this paper concerns three accepted slicing strategies, the vertical slice, the wavy slice, and the horizontal slice or alpha -plane. Two ways of de ning the generalised type-2 fuzzy set, vertical slices and wavy slices, are presented. Fuzzi cation and inferencing is presented in terms of vertical slices. After that, the application of all three slicing strategies to defuzzi cation is described, and their strengths and weaknesses assessed

    Reconceptualising the standard of care in sport: The case of youth rugby in England and South Africa

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    Sport is an important area of civil society in both South Africa and England, and this article is broadly concerned with the relationship between sport and personal injury. More specifically, the article compares how rugby is regulated by the tort of negligence in England and delict in South Africa respectively. Regarding liability, for sport there are very specific factors that need to be taken into account. The article is concerned with, firstly, the broader context of sport as an important social and cultural activity, and secondly the specific sporting context that includes the rules of the game as well as the playing culture, with a focus on rugby at junior level. Through a critical and comparative analysis of how the standards of care in sport have been developed in both jurisdictions, the aim of this article is to consider how sport specific elements can be incorporated into the traditional legal principles. This comparative analysis contextualises the various discussions in the light of the differences between the English tort of negligence and the South African law of delict. Our argument is that the context and specificity of rugby should be more explicitly taken into account when evaluating potential liability. To establish a standard of care for sport is complex, with many factors to be taken into account and balanced against one another. The law of negligence/delict therefore needs to be adaptable and flexible to resolve new situations where injuries have occurred. Even in established situations where liability has been previously determined, novel events do occur and knowledge develops that requires a reconsideration of the principles that govern liability. In junior rugby, the risk of very serious injuries is relatively small and the law needs to tread a cautious path through liability, ensuring it is a vehicle that promotes sport rather than creating barriers to its enjoyment and practice. A greater understanding of sport, informed by detailed research, can unearth new areas of potential liability that will need to be considered in the future
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