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Full-Text Articles in Law

Teaching Stare Decisis To First-Year Law Students In Higher Education: A Pedagogical Blind Alley?, Kenneth Yin, Carmela De Maio Jan 2024

Teaching Stare Decisis To First-Year Law Students In Higher Education: A Pedagogical Blind Alley?, Kenneth Yin, Carmela De Maio

Research outputs 2022 to 2026

The doctrine of stare decisis is often explained in first-year law studies as synonymous with the doctrine of precedent and dichotomised into ratio decidendi and obiter dicta. This explanation of stare decisis is frequently supplemented by an exercise where the novice law student is provided with a case and directed to identify the ratio decidendi of the case, and to appreciate the distinction between ratio and obiter dicta in it, the latter being persuasive only. It is argued that this pedagogy is limited and unrealistic because stare decisis is a dynamic process whereby, applying the precepts of formal legal logic, …


Special Issue “Energy Transition And Environmental Sustainability”, Prafula Pearce Mar 2023

Special Issue “Energy Transition And Environmental Sustainability”, Prafula Pearce

Research outputs 2022 to 2026

This Special Issue on “Energy Transition and Environmental Sustainability” includes thirteen papers on policies including: the challenges of the United Nations Sustainable Development Goals regarding energy transition and legal reforms in Taiwan and Japan [1] successful energy transition toward solar PV in South Korea [2]; transition from diesel buses to hybrid-driven (HEV) and electricity-driven buses (BEV) for public transport in Central Europe [3]; vehicle transition and the development of electric car production in three regions, the United States, the European Union and Japan [4]; affordable and environmentally friendly cooling solutions for buildings in Pakistan [5]; development of projects to replace …


Law Enforcement Recruit Health Database, Myles C. Murphy, Simone Radavelli-Bagatini, Garth Allen, Nicolas Hart, Andrea Mosler Jan 2023

Law Enforcement Recruit Health Database, Myles C. Murphy, Simone Radavelli-Bagatini, Garth Allen, Nicolas Hart, Andrea Mosler

Research Datasets

Our study established clear demographic, mental health/physical injury, and physical performance data to be collected in a law enforcement recruit training program for injury surveillance and performance monitoring. Furthermore, we identified several items that were classified as relevant, but unlikely to be reported truthfully. These items which can help inform current practice and assist clinicians to determine the trustfulness of information received by patients when working within law enforcement environments.


Australian Highlevel Public Policy Preparedness For Population-Based Triage During The Pandemic, Zachary Horn, Lily Gapp Duckett, Kaitlin Webber Jan 2023

Australian Highlevel Public Policy Preparedness For Population-Based Triage During The Pandemic, Zachary Horn, Lily Gapp Duckett, Kaitlin Webber

Research outputs 2022 to 2026

The COVID-19 pandemic brought attention to scarce clinical resource allocation via secondary population-based triage (S-PBT) throughout the international healthcare community. Experiences overseas highlighted the importance of coordinated and consistent approaches to allocating resources when facing overwhelming demand, particularly for critical care. Noting the importance of consistency and the system of devolved governance deployed in Australia, this study aimed to identify and analyse sources of high-level policy that affect Australia’s health system preparedness for the operationalisation of S-PBT. Of the 39 documents reviewed, 17 contained potential references to S-PBT. There was a lack of clear recommendations and guidance to inform S-PBT …


Policy Challenges And Responses To Environmental Non-Migration, Mostafa Mahmud Naser, Bishawjit Mallick, Rup Priodarshini, Saleemul Huq, Ajay Bailey Jan 2023

Policy Challenges And Responses To Environmental Non-Migration, Mostafa Mahmud Naser, Bishawjit Mallick, Rup Priodarshini, Saleemul Huq, Ajay Bailey

Research outputs 2022 to 2026

The scientific literature, media, international summits, and policy forums highlighted enough the people who either move or are willing to move because of environmental reasons. Still, the voluntary environmental non-migrants (ENM), who are assumed to have strong resilience and coping capacity, are inordinately overlooked. The importance of addressing these ENMs has increasingly been emphasised. First, the paper explains the characteristics of ENM, outlining the key distinction between voluntary and forced non-migrants. Second, it emphasises the need to protect populations affected by environmental change and disaster, specifically highlighting oft-neglected ENM policy gaps. Thus, it examines to what extent ENM is addressed …


How “Open” Are Australian Museums? A Review Through The Lens Of Copyright Governance, Paul L. Arthur, Lydia Hearn, Isabel Smith, Nikos Koutras Jan 2023

How “Open” Are Australian Museums? A Review Through The Lens Of Copyright Governance, Paul L. Arthur, Lydia Hearn, Isabel Smith, Nikos Koutras

Research outputs 2022 to 2026

Museums are increasingly employing innovative digital techniques to curate, link, and market collections, enabling new kinds of public engagement to better connect with popular culture. By embracing contemporary modes of delivery to open access to their collections, museums are signalling a drive toward greater democratisation of knowledge and information through increased interaction and accessibility. Yet with this has come a series of copyright and legal complexities. This paper reviews current copyright barriers for museums in Australia and examines how international examples offer potential models and ways forward. The authors conclude that recent copyright modernisation reviews offer the museum sector an …


Torturous Journeys: Cruelty, International Law, And Pushbacks And Pullbacks Over The Mediterranean Sea, Jamal Barnes Jul 2022

Torturous Journeys: Cruelty, International Law, And Pushbacks And Pullbacks Over The Mediterranean Sea, Jamal Barnes

Research outputs 2022 to 2026

Boat pushbacks and pullbacks by Italy and the European Union (EU) have returned migrants and refugees to Libya where they have been subjected to brutal human rights violations, such as torture and ill-treatment. This article argues that these pushbacks and pullbacks not only undermine key human rights principles, but they are also an act of cruelty. As Italy and the EU have used the law to evade their international human rights and refugee obligations, the law has had distributive effects that have shaped migration pathways and exacerbated the vulnerability of migrants and refugees to torture. Not only have legal manoeuvres …


Pro-Environmental Behaviours In Protected Areas: A Systematic Literature Review And Future Research Directions, Kourosh Esfandiar, Joanna Pearce, Ross Dowling, Edmund Goh Jan 2022

Pro-Environmental Behaviours In Protected Areas: A Systematic Literature Review And Future Research Directions, Kourosh Esfandiar, Joanna Pearce, Ross Dowling, Edmund Goh

Research outputs 2022 to 2026

Understanding pro-environmental behaviours (PEBs) in protected areas has attracted considerable research attention. This perennial issue is pertinent in reducing negative compounded impacts and/or increasing positive impacts in protected areas. This study aims to provide a review of the literature to unpack the existing publications of PEBs in protected areas and to scope future research avenues. A total of 88 empirical research journal articles were collected through Scopus, Web of Science and Google Scholar databases. Results showed 43.18% of the articles analysed considered PEBs as a general group of behaviours while the remaining 56.82% were specific domains of PEBs including littering, …


Critical Review Of The Use Of The Rorschach In European Courts, Igor Areh, Fanny Verkampt, Alfred Allan Jan 2022

Critical Review Of The Use Of The Rorschach In European Courts, Igor Areh, Fanny Verkampt, Alfred Allan

Research outputs 2014 to 2021

In relation to the admissibility of evidence obtained using projective personality tests arose in F v. Bevándorlási és Állampolgársági Hivatam (2018). The Court of Justice of the European Union has held that an expert’s report can only be accepted if it is based on the international scientific community’s standards, but has refrained from stipulating what these standards are. It appears timely for European psychologists to decide what standards should be applied to determine whether or not a test is appropriate for psycholegal use. We propose standards and then apply them to the Rorschach because it was used in this case …


Promoting Awareness Of Sex Trafficking In Tourism And Hospitality, Joshua Aston, Jun Wen, Edmund Goh, Oswin Maurer Jan 2022

Promoting Awareness Of Sex Trafficking In Tourism And Hospitality, Joshua Aston, Jun Wen, Edmund Goh, Oswin Maurer

Research outputs 2014 to 2021

Purpose: This cutting-edge short commentary is intended to raise awareness of sex trafficking in the tourism and hospitality industry. The purpose of this paper is to also advocate for further research to identify and hopefully prevent sex trafficking in related settings. Design/methodology/approach: This paper provides a descriptive overview of the current knowledge base on sex trafficking in tourism and hospitality. Based on gaps in the literature, future research agendas and directions are suggested. Findings: Academic research on sex trafficking in tourism and hospitality remains limited. More scholarly attention is needed to this matter. The tourism industry is directly and indirectly …


A Scientific Analysis Of The Three-Step Test: Through The Lenses Of International And Australian Laws, Nikos Koutras Jan 2022

A Scientific Analysis Of The Three-Step Test: Through The Lenses Of International And Australian Laws, Nikos Koutras

Research outputs 2022 to 2026

The paper examines the open access movement and its principles concerning creative outputs and related access opportunities, considering copyright protection. The international and ongoing integration of open access practise has brought about a reconsideration of foundational principles of copyright law. The paper's discussion considers the three-step test legal edifice, which is deeply rooted in international copyright law, and argues that its importance and application is of paramount importance regarding potential revisions of copyright law that would need to introduce open access provisions.


Suffering To Save Lives: Torture, Cruelty, And Moral Disengagement In Australia’S Offshore Detention Centres, Jamal Barnes Jan 2022

Suffering To Save Lives: Torture, Cruelty, And Moral Disengagement In Australia’S Offshore Detention Centres, Jamal Barnes

Research outputs 2022 to 2026

Since Australia re-established offshore processing on Manus Island and Nauru in 2012, there have been ongoing reports that asylum seekers and refugees are being subjected to torture and cruel, inhuman or degrading treatment or punishment (CIDT). People in detention have endured indefinite detention, inadequate provision of health care, and sexual, physical, and mental harm as the government attempts to ‘stop the boats’ and prevent deaths at sea. How can Australia continue to violate the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, while at the same time, promote its offshore detention policies worldwide? This article …


The Intersection Of The Rule In Yerkey V Jones And Contemporary Anti-Discrimination Law In Australia – Can The ‘Special Wives’ Equity Survive?, Kenneth Yin, Mostafa M. Naser Jan 2022

The Intersection Of The Rule In Yerkey V Jones And Contemporary Anti-Discrimination Law In Australia – Can The ‘Special Wives’ Equity Survive?, Kenneth Yin, Mostafa M. Naser

Research outputs 2022 to 2026

The High Court in Yerkey v Jones considered the enforceability of a guarantee provided by a married woman to secure her husband’s debts. Dixon J said that although the relationship of husband and wife did not give rise to a presumption of undue influence, the law had never been divested completely of ‘the equitable presumption of an invalidating tendency’. Dixon J’s formulation was essentially adopted by the majority justices in Garcia v National Australia Bank and their judgment thus represents the definitive endorsement of Dixon J’s view. Kirby
J on the other hand rejected ‘the stereotype underlying Yerkey’, which he …


Openness Through The Lenses Of The Three-Step-Test: International Perspectives On Copyright Protection, Marinos Papadopoulos, Nikos Koutras Oct 2021

Openness Through The Lenses Of The Three-Step-Test: International Perspectives On Copyright Protection, Marinos Papadopoulos, Nikos Koutras

Research outputs 2014 to 2021

This paper is focused on openness movement and the principles that said movement declared regarding the use of works set under copyright protection to enable for open access works. The three-step-test legal edifice is deeply rooted in international copyright law; its meaning and application is of vital importance for any consideration of amending copyright law with the aim to include provisions for openness. Unless a provision for openness passes the three-step-test there can be no sustainable amendment of copyright law in favour of openness.


Copyright Through The Prism Of The Law And Economics Movement: A Scientific Approach, Nikos Koutras, Marinos Papadopoulos Sep 2021

Copyright Through The Prism Of The Law And Economics Movement: A Scientific Approach, Nikos Koutras, Marinos Papadopoulos

Research outputs 2014 to 2021

This paper discusses aspects of economic analysis of law developed because of the status quo existing on the Internet and of the evolution of legal theory on copyright. It also explores the massive increase of interest in the law and economics of intellectual property during the first decade of twenty-first century. The paper argues that law and economics discourse on copyright foregrounds policymaking with a focus on copyright’s economic ramifications. This paper also examines Coase’s theorem and its influence on considerations about copyright regulatory frameworks and potential reform to keep abreast of ongoing technological advancements and their impact on copyright …


The Mediating Effect Of Strategic Posture On Corporate Governance And Environmental Reporting, Abdalla Shwairef, Azlan Amran, Mohammad Iranmanesh, Noor Hazlina Ahmad May 2021

The Mediating Effect Of Strategic Posture On Corporate Governance And Environmental Reporting, Abdalla Shwairef, Azlan Amran, Mohammad Iranmanesh, Noor Hazlina Ahmad

Research outputs 2014 to 2021

The aim of this study is to explain how corporate governance affects environmental reporting through the mediating effect of strategic position. The data were collected from chief executive managers and chief financial managers of 197 large companies in Malaysia. The partial least squares technique was used to test the proposed relationships. The results show that managers’ strategic posture mediates the impact of four aspects of corporate governance, namely, board size, board independency, CSR committee presence, and institutional ownership on environmental reporting. These findings extend the literature on the relationship between corporate governance and environmental reporting by providing insight into the …


Perceptions Of Lgbtqi+ Diversity In The Legal Profession: "It's Happening Slow, But It's Certainly Happening", Aidan Ricciardo, Stephen Puttick, Shane Rogers, Natalie Skead, Stella Tarrant, Melville Thomas Apr 2021

Perceptions Of Lgbtqi+ Diversity In The Legal Profession: "It's Happening Slow, But It's Certainly Happening", Aidan Ricciardo, Stephen Puttick, Shane Rogers, Natalie Skead, Stella Tarrant, Melville Thomas

Research outputs 2014 to 2021

This article reports on a qualitative study aimed at understanding how LGBTQI+ law students and recent graduates perceive and experience the legal profession. While we found that several participants self-censor in interactions with the profession, others considered their LGBTQI+ identity as advantageous, enabling them to benefit from ‘diversity hiring’. Despite this, many participants regarded the legal profession as ‘conservative’ and influenced by the ‘old guard’, which remains unaccepting of LGBTQI+ identities. Participants also considered the profession to be more accepting of some LGBTQI+ identities than others. We conclude by suggesting strategies to improve perceptions and experiences of the profession.


Commodity Futures Returns And Policy Uncertainty, Deepa Bannigidadmath, Paresh Kumar Narayan Mar 2021

Commodity Futures Returns And Policy Uncertainty, Deepa Bannigidadmath, Paresh Kumar Narayan

Research outputs 2014 to 2021

© 2020 Elsevier Inc. This paper investigates whether economic policy uncertainty is predictable using three sets of commodity futures market variables, namely the equal-weighted average of futures excess returns, the excess returns on a portfolio of going long in backwardated commodities, and the excess returns on a portfolio of going short in contango commodities as predictors. We find significant evidence of both in-sample and out-of-sample predictability. Combination forecasts also reveal strong evidence of predictability. Our findings remain unchanged following several robustness tests.


Forensic Experts’ Perspectives On Australian Indigenous Sexual Offenders And Factors Important In Evaluating The Risk Of Recidivism, Alfred Allan, Cate L. Parry, Hilde Tubex, Caroline Spiranovic, Frank Morgan Jan 2021

Forensic Experts’ Perspectives On Australian Indigenous Sexual Offenders And Factors Important In Evaluating The Risk Of Recidivism, Alfred Allan, Cate L. Parry, Hilde Tubex, Caroline Spiranovic, Frank Morgan

Research outputs 2014 to 2021

Law and ethics require that risk assessment should be cross-culturally valid and fair, but Australian research in this regard is underdeveloped. A logical first step in progressing the work required to build a strong evidence base on culturally sensitive risk assessment in Australia is to determine the expert views of those in the field. We interviewed 13 Australian evaluators who assess Indigenous sexual offenders’ recidivism risk to determine their perceptions of the risk assessment instruments they use and the attributes they believe evaluators doing cross-cultural assessments should have. Our central findings are that evaluators use the available instruments because they …


Sustainability And Waste Imports In China: Pollution Haven Or Resources Hunting, Bowen Li, Antonio Alleyne, Zhaoyong Zhang, Yifei Mu Jan 2021

Sustainability And Waste Imports In China: Pollution Haven Or Resources Hunting, Bowen Li, Antonio Alleyne, Zhaoyong Zhang, Yifei Mu

Research outputs 2014 to 2021

© 2021 by the authors. Licensee MDPI, Basel, Switzerland. Motivations behind a country’s importation of waste are categorized into the pollution haven hypothesis (PHH) and the resource hunting hypothesis (RHH). The importation of wastes can lead to environmental sustainability concerns, requiring governments to intervene when the market fails to reduce the negative externalities by strengthening and implementing environmental regulations. Motivated by China’s position within a rapidly growing but environmentally damaging sector of trade, this paper has three goals: (1) to classify the primary hypothesis that governs China’s flow of traded wastes; (2) to verify the heterogeneous impact of the pollution …


The Impact Of Voluntariness Of Apologies On Victims’ Responses In Restorative Justice: Findings Of A Quantitative Study [Dataset], Alfred Allan, Justine De Mott, Isolde Larkins, Laura Turnbull, Tracey Warwick, Lacey Willett, Maria M. Allan Jan 2021

The Impact Of Voluntariness Of Apologies On Victims’ Responses In Restorative Justice: Findings Of A Quantitative Study [Dataset], Alfred Allan, Justine De Mott, Isolde Larkins, Laura Turnbull, Tracey Warwick, Lacey Willett, Maria M. Allan

Research Datasets

Combined data of three studies (N=164; 121 and 236 respectively) that investigated whether the voluntariness of apologies influenced recipients’ perception of the sincerity of apologies; acceptance of apologies; willingness to forgive offenders; and intended retributive behavior towards offenders.


Big Data Analytics Adoption: Determinants And Performances Among Small To Medium-Sized Enterprises, Parisa Maroufkhani, Ming-Lang Tseng, Mohammad Iranmanesh, Wan Khairuzzaman Wan Ismail, Haliyana Khalid Oct 2020

Big Data Analytics Adoption: Determinants And Performances Among Small To Medium-Sized Enterprises, Parisa Maroufkhani, Ming-Lang Tseng, Mohammad Iranmanesh, Wan Khairuzzaman Wan Ismail, Haliyana Khalid

Research outputs 2014 to 2021

© 2020 Elsevier Ltd Big data analytics (BDA) adoption is a game-changer in the current industrial environment for precision decision-making and optimal performance. Nonetheless, the determinants or consequences of its adoption in small and medium enterprises remain unclear, hence the objective of this study. Data analysis of 171 Iranian small and medium manufacturing firms revealed that complexity, uncertainty and insecurity, trialability, observability, top management support, organizational readiness, and external support affect significantly on BDA adoption. The findings confirm the strong impact of BDA adoption in small to medium-sized enterprises, marketing and financial, performance enhancement. Understanding the drivers of BDA adoption …


From The Tree Of Knowledge And The Golem Of Prague To Kosher Autonomous Cars: The Ethics Of Artificial Intelligence Through Jewish Eyes, Nachshon Goltz, John Zeleznikow, Tracey Dowdeswell Jul 2020

From The Tree Of Knowledge And The Golem Of Prague To Kosher Autonomous Cars: The Ethics Of Artificial Intelligence Through Jewish Eyes, Nachshon Goltz, John Zeleznikow, Tracey Dowdeswell

Research outputs 2014 to 2021

This article discusses the regulation of artificial intelligence from a Jewish perspective, with an emphasis on the regulation of machine learning and its application to autonomous vehicles and machine learning. Through the Biblical story of Adam and Eve as well as Golem legends from Jewish folklore, we derive several basic principles that underlie a Jewish perspective on the moral and legal personhood of robots and other artificially intelligent agents. We argue that religious ethics in general, and Jewish ethics in particular, show us that the dangers of granting moral personhood to robots and in particular to autonomous vehicles lie not …


Open Access Publishing In The European Union: The Example Of Scientific Works, Nikos Koutras Jul 2020

Open Access Publishing In The European Union: The Example Of Scientific Works, Nikos Koutras

Research outputs 2014 to 2021

Access to information resources and publicly-funded research outcomes have been considered in Europe during the last decade. Open access practice became part of the European institutions’ agenda since 2006 within the final report of the European Research Advisory Board. The Lisbon Treaty (2007) explicitly confirmed the European Union’s commitment to free circulation of scientific knowledge (Article 179 TFEU) and the dissemination of research results (Article 183 TFEU). In this regard, the Horizon 2020 program illustrates the importance of open access policy towards further dissemination of scientific information. The European Commission also introduced in July 2012 a scientific information package to …


Structuring The Debate About Research Ethics In The Psychology And Law Field: An International Perspective, Alfred Allan Apr 2020

Structuring The Debate About Research Ethics In The Psychology And Law Field: An International Perspective, Alfred Allan

Research outputs 2014 to 2021

Forensic psychologists’ role is well established, and they are rightly well regulated because their decisions and behaviour can have a significant impact on people’s rights and interests. Their ethical integrity, however, partly hinges on the psycholegal research products (data, methods and instruments) that they and others use. The ethical regulation of researchers who produce products and their research processes is, however, fragmented, limited and narrow and largely focuses on domestic research. Relatively few scholars have examined the regulation of psycholegal research or commented on the ethical implications of recent court decisions. The purpose of this paper is to start a …


The Clash Of Empires: Regulating Technological Threats To Civil Society, Tracey Leigh Dowdeswell, Nachshon Goltz Feb 2020

The Clash Of Empires: Regulating Technological Threats To Civil Society, Tracey Leigh Dowdeswell, Nachshon Goltz

Research outputs 2014 to 2021

This paper examines the regulation of technology platform companies providing a platform for user-generated media content while playing an increasingly dominant role in the global flow of news and information. In doing so, platform companies play a crucial role in modern civic life, by deciding which content will reach users, engage the public's attention, and be deemed credible. It is therefore crucial that we choose means of regulation that foster democratic values and robust civic engagement. In this paper we focus on the regulation of ‘computational propaganda', including misinformation and ‘fake news', the rise of synthetic media and so-called ‘deep …


Film Tourism Impacts: A Multi-Stakeholder Longitudinal Approach, Timo Thelen, Sangkyun Kim, Elisabeth Scherer Feb 2020

Film Tourism Impacts: A Multi-Stakeholder Longitudinal Approach, Timo Thelen, Sangkyun Kim, Elisabeth Scherer

Research outputs 2014 to 2021

This study examines multiple local stakeholders’ perceptions of film tourism impacts to shed light on the complexities of film tourism planning and development, using a longitudinal exploratory research approach. The Japanese TV series Mare (2015) was chosen as the case study. Qualitative interviews with various local stakeholders were conducted over a 21-month-long period of a film tourism development project in Ishikawa Prefecture, Japan. The study found that this film tourism project was initiated with high expectations. However, due to several incidents, such as the controversial rebuilding of a local highway road for promotional purposes, the audience’s mixed reception of the …


The Macroeconomic Factors Affecting Government Bond Yield In Indonesia, Malaysia, Thailand, And The Philippines, Benny Budiawan Tjandrasa, Hotlan Siagian, Ferry Jie Jan 2020

The Macroeconomic Factors Affecting Government Bond Yield In Indonesia, Malaysia, Thailand, And The Philippines, Benny Budiawan Tjandrasa, Hotlan Siagian, Ferry Jie

Research outputs 2014 to 2021

© The author(s) 2020. This publication is an open access article. © Benny Budiawan Tjandrasa, Hotlan Siagian, Ferry Jie, 2020 The government bond (GB) has become the most attractive investment portfolio option, even though many macroeconomic factors affect the bond yield. This paper aims to investigate the determining factor of local currency government bond yield by considering the inflation rate, credit default swap, stock market index, exchange rate, and volatility index. This study used 240 data panel from the Bloomberg stock market in the form of data panel covering Southeast developing countries, namely Indonesia, Thailand, Malaysia, and the Philippines, for …


The Influence Of The Chinese Government's Political Ideology In The Field Of Corporate Environmental Reporting, Hui Situ, Carol Tilt, Pi-Shen Seet Jan 2020

The Influence Of The Chinese Government's Political Ideology In The Field Of Corporate Environmental Reporting, Hui Situ, Carol Tilt, Pi-Shen Seet

Research outputs 2014 to 2021

© 2020, Hui Situ, Carol Tilt, Pi-Shen Seet. Purpose: In a state capitalist country such as China, an important influence on company reporting is the government, which can influence company decision-making. The nature and impact of how the Chinese government uses its symbolic power to promote corporate environmental reporting (CER) have been under-studied, and therefore, this paper aims to address this gap in the literature by investigating the various strategies the Chinese government uses to influence CER and how political ideology plays a key role. Design/methodology/approach: This study uses discourse analysis to examine the annual reports and corporate social responsibility …


A Corrective Justice Justification For Considering The Response Of The Hypothetical Person Of An “Ordinary Level Of Susceptibility” When Assessing Reasonable Foreseeability In Cases Involving Negligently Inflicted Psychiatric Injury, Martin Allcock Jan 2019

A Corrective Justice Justification For Considering The Response Of The Hypothetical Person Of An “Ordinary Level Of Susceptibility” When Assessing Reasonable Foreseeability In Cases Involving Negligently Inflicted Psychiatric Injury, Martin Allcock

Research outputs 2014 to 2021

The law has long been concerned with limiting recovery for pure psychiatric injury in negligence in order to prevent liability to plaintiffs who are unusually susceptible to this type of injury. The justifications provided by courts for this concern have often centred on the idea that holding a defendant liable to such a plaintiff will be unreasonable. However, there is a gap in the reasoning of the courts and in the scholarly literature as to the potential theoretical justifications for measuring the reasonableness of the defendant’s conduct against the effect of that conduct on the hypothetical person of an “ordinary …