The Jurisprudence Journal: Debate, Discussion, and Development. A change for the better.
Posts
Our writers explore a vast array of topics ranging from international law to jurisprudence to current affairs.
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This article examines whether freedom of expression should be limited within a democratic society. While freedom of expression, under Article 10 of the Human Rights Act 1998, plays a significant role in permitting open debate and the exchange of ideas, it is a qualified right and is therefore not absolute. Drawing on both John Stuart…
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This article examines whether sovereignty is truly a necessary condition of law by comparing key strands of Western jurisprudence with the Burmese dhammasattha tradition. Drawing on close textual analysis of Austin, Bentham, Hart, and Dworkin alongside recent scholarship on Burmese legal cosmology, I explore how dhammasattha constructs a legal order grounded not in sovereign authority…
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An investigation into the legal and philosophical foundations of free speech through the ECHR and common law authorities as well as the frameworks through which this right is balanced against others in our domestic legal system, particularly considering recent developments like the Online Safety Act 2023.
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Secularisation describes the decreasing social, cultural, and political influence of religion within society. This article explores whether the UK’s justice system reflects this process and examines the misconceptions, ethical issues, and practical implications that arise from it. By tracing the shift from ecclesiastical courts to the modern legal framework, it questions the extent of change…
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Society often regards the common law as the source of dependable and legitimate authority. However, this perception risks glorifying the law and elevating it into a sacred, perfect, and unquestionable status, reminiscent of that of a sovereign or religion. As Hutchinson argued in his conclusion of ‘Is Eating People Wrong’, this essay agrees that it…
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Borders have caused notable contention in an increasingly globalised world. They define where state authority begins and ends, yet for many states, this has enabled jurisdictional disputes over irregular migrants, effectively suspending their human rights obligations. This essay demonstrates how physical and (what I term) ‘metaphysical’ borders shift state accountability through the case studies of…
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Strict liability offences are a controversial and contentious aspect of criminal law. This article explores, reviews, and assesses the essential arguments in favour and in opposition of these offences and to what extent strict liability can be said to achieve true justice both in principle and in reality.
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An academic evaluation of the law surrounding deepfakes This article explores and evaluates the current legislation surrounding deepfakes and compares them to other current hallmark pieces of legislation which govern similar areas of law, such as privacy and autonomy.
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A deeper look into the UK Government’s Illegal Migration Act passed by the Home Secretary, Suella Braverman, in March 2023 In this article, the purpose, effectiveness, and consequences of the new legislation are assessed, debated, and critically analysed. The article also goes through the process of this bill passing through parliament before receiving Royal Assent…
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An academic debate, discussing whether the law should be unilaterally obeyed, or whether there are just exceptions and circumstances which substantiate a violation of the law.
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