17 episodes

Podcasts from the Foundation for Law, Justice and Society, an independent institution affiliated with Wolfson College and the Centre for Socio-Legal Studies at the University of Oxford.

Foundation for Law, Justice and Society Oxford University

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Podcasts from the Foundation for Law, Justice and Society, an independent institution affiliated with Wolfson College and the Centre for Socio-Legal Studies at the University of Oxford.

    • video
    Putney Debates 2017 - Session IV: Preserving the Liberal Constitution

    Putney Debates 2017 - Session IV: Preserving the Liberal Constitution

    The Putney Debates 2017 addresses the UK's constitutional future in the wake of the vote to leave the European Union. Session IV: Preserving the Liberal Constitution, chaired by Baroness Onora O’Neill, considers the constitutional implications of Brexit and the need for a written Constitution for the UK.

    • 1 hr 25 min
    • video
    Putney Debates 2017 - Session III: Parliament, the Executive, the Courts and the Rule of Law

    Putney Debates 2017 - Session III: Parliament, the Executive, the Courts and the Rule of Law

    The Putney Debates 2017 addresses the UK's constitutional future in the wake of the vote to leave the European Union. Session III: Parliament, the Executive, the Courts and the Rule of Law, chaired by Joshua Rozenberg, assesses the Article 50 case, the Royal Prerogative, and the role of the law.

    • 1 hr 29 min
    • video
    Putney Debates 2017 - Session II: Changing and Strengthening the Role of the People

    Putney Debates 2017 - Session II: Changing and Strengthening the Role of the People

    The Putney Debates 2017 addresses the UK's constitutional future in the wake of the vote to leave the European Union. Session II: Changing and Strengthening the Role of the People, chaired by Professor Paul Craig, examines direct democracy, referendums, and the role of social media in strengthening the voice of the people.

    • 1 hr 27 min
    • video
    Putney Debates 2017 - Session I: Parliament and the People

    Putney Debates 2017 - Session I: Parliament and the People

    The Putney Debates 2017 addresses the UK's constitutional future in the wake of the vote to leave the European Union. Session I: Parliament and the People, chaired by Professor Denis Galligan, addresses the relationship between parliamentary sovereignty and popular democracy.

    • 1 hr 33 min
    • video
    Populism in Modern Constitutions

    Populism in Modern Constitutions

    Richard Parker, Paul W. Williams Professor of Criminal Justice at Harvard Law School, presents his thoughts on how populism has figured in the study and practice of modern American constitutional law and the effect it has had. Opening and closing his remarks with the rallying cry: 'Power to the People!', Professor Parker recalls his involvement in the 'New Left' in the 1960s, his role as a community organizer, and how his activism led to spells in jail. Creative Commons Attribution-Non-Commercial-Share Alike 2.0 UK: England & Wales; http://creativecommons.org/licenses/by-nc-sa/2.0/uk/

    • 24 min
    • video
    Annual Lecture in Law and Society: Law and Social Illusion

    Annual Lecture in Law and Society: Law and Social Illusion

    Professor Liam B Murphy, Herbert Peterfreund Professor of Law and Philosophy at New York University School of Law gives the 2013 Annual Lecture in Law and Society. In the wake of the House of Commons Debate on tax fairness and increasing public outrage at tax avoidance by Google and other multinationals, Professor Murphy will assess how misunderstandings of the ethical bases of the central legal institutions of a market economy badly distorts political debate on tax and other issues of social justice. Unlike some other parts of the law, the law of property and contract cannot plausibly be understood as attempts to enforce moral rights and duties that legal subjects have naturally, independently of law. They must be understood as Hume understood them: The legal rules of property and contract are artificial, or conventional, in that their justification lies in their effects on overall social welfare and justice. Once the law of property and contract are established, however, it is hard not to think of them as directly reflecting real rights and duties. The law of the market encourages a kind of everyday libertarianism in social attitudes. This illusion leads us to believe, for example, that pre-tax income and wealth represent moral entitlements that should be used as a baseline in discussions of tax justice. The common criteria of tax fairness - vertical and horizontal equity - demand that those with more pre-tax income pay proportionately more tax, and that those with the same pre-tax income pay the same. But justice is not a matter of applying some equitable-seeming functions to a morally arbitrary initial distribution. The social illusion generated by the law of the market also distorts political discussion of contract. Everyday libertarianism lies behind the idea of freedom of contract. More surprising, it misleads some economic analysts of law, who would be the first to insist on the conventional nature of the law of contract. 

    • 1 hr 3 min

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