Jurisprudence

1-15 of 47 Articles
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Benjamin Bestgen, the author of the jurisprudential primer series published in Scottish Legal News and Irish Legal News, reflects on a year of his articles – from their inception in far-flung New Zealand to their conclusion in besieged Jersey. My little jurisprudential-philosophical thought pi

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Benjamin Bestgen this week encourages lawyers to consider the craft of writing. See his last jurisprudential primer here. George Orwell opined in 1946 that written English “is full of bad habits which spread by imitation and which can be avoided if one is willing to take the necessary trouble&

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"Travelling with an enormous piece of luggage only seems like a contradiction in terms to those who feel properly dressed for every occasion in T-shirt, jeans, and trainers," writes Bernhard Roetzel. But have times changed and should smart casual or something worse prevail? We hope not. Benjami

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Benjamin Bestgen this week discusses violence against women. See his last primer here. One of the fundamental justifications for permitting an organised state, government and law enforcement to exist is that these institutions, and the people who serve in them, are meant to guarantee public safety.

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Justice must be done and seen to be done – but whose justice? That is the uncomfortable question Benjamin Bestgen examines this week. See his last jurisprudential primer here. It’s said that the creation of laws sometimes resembles sausage-making: you need a strong stomach if you re

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This week Benjamin Bestgen considers swearing, without which many of us would struggle to get through the day. See his last jurisprudential primer here. Unrelated to jurisprudential questions, a colleague recently mentioned the Jersey employment tribunal case of Wilkinson v Fairway Trust Limited [20

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Benjamin Bestgen this week explains that the extinction of rights upon death is more complicated a matter than it first seems. See his last jurisprudential primer here. Fans of old-school computer games might still remember Grim Fandango, where the player guides afterlife travel agent Manny Cal

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Benjamin Bestgen examines the impact of "respectability" in criminal trials. See last week's jurisprudential primer here. Tropes like the “Gentleman Thief” pick up on the allure of the white-collar criminal: a person who appears respectable, educated, even charming. A worldly, cleve

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Benjamin Bestgen considers the fairness of the high standards to which we hold lawyers. Read last week's jurisprudential primer here. The legal profession is a deeply human one and humans are complex creatures. As a species we are capable of extraordinary feats of courage, intellect, wisdom, kindnes

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Benjamin Bestgen gives readers an overview of smart contracts this week. See his last jurisprudential primer here. Part of being a lawyer in the 21st century is the necessity to develop a degree of digital literacy, whether you like it or not. The legal world, it is often said, tends to be conservat

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Benjamin Bestgen this week contrasts the letter of the law with its spirit. See his last jurisprudential primer here.  As a species, humans value play, sports and games. For example, probably all of us know somebody who enjoys cardgames, boardgames, videogames or various kinds of table-top game

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This week Benjamin Bestgen looks at the legalities surrounding certain extracurricular activities. See last week's here. Every law student has probably heard of R v Brown [1993] UKHL 19 during their studies. The case concerned a group of men who had occasionally gathered for consensual, but rather s

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"If a man put out the eye of another man, his eye shall be put out" and if he breaks another's bone, his shall be broken. So states Hammurabi's Code, an ancient exemplar of the precept of lex talionis. Why is revenge so compelling? Benjamin Bestgen explains all. See his last jurisprudential primer h

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"Oh, sinnerman, where you gonna run to? Sinnerman where you gonna run to?" sang Nina Simone of those who flee judgement. But even the ends of the Earth were no safe haven for Adolf Eichmann. Benjamin Bestgen tells the tale this week of the most famous rogue Nazi and his dramatic rendition to th

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Benjamin Bestgen takes a look this week at robotic weapons and the law. See last week's primer here. Killer robots, or “Lethal Autonomous Weapons” (LAWs), have been in our popular conscience for decades. Science fiction fans are familiar with Isaac Asimov’s Laws of Robotics and mos

1-15 of 47 Articles