Now showing items 1-18 of 18

  • Autonomy, Capacity and Vulnerable Adults: Filling the Gaps in the Mental Capacity Act 

    Wall, Jesse
    This paper explores the distinction between being autonomous and having capacity for the purposes of the Mental Capacity Act. These include where a person misuses affective attitudes in making the decision; where a person's ...
  • Being and Owning: The Body, Bodily Material, and the Law 

    Wall, Jesse
    When part of a person’s body is separated from them, or when a person dies, it is unclear what legal status the item of bodily material ought to obtain. This book develops a way for the law to address disputes over the use ...
  • Being Yourself: Authentic Decision-Making and Depression 

    Wall, Jesse
    This chapter discusses authentic decision-making as it relates to depression based on three parallel concepts found in philosophy, psychology, and the law. Since major depression is characterised (amongst other things) by ...
  • Capacity to Cohabit: Hoping ‘Everything Turns Out Well in the End’ PC v City of York 

    Wall, Jesse; Herring, Jonathan
    The Court of Appeal decision in PC v City of York illustrates the complexity inconsistency and limits of the Mental Capacity Act 2005 (MCA 2005) when applied to decisions about intimate relationships. In commenting on the ...
  • Capacity to Consent to Sex 

    Wall, Jesse; Herring, Jonathan
    ‘When is it appropriate for society to intervene paternalistically in a decision or decisions that individuals make as to their sexual relations?’ With these words, Sir Brian Leveson opened the judgement of the Court of ...
  • The Functional-Formal Impasse in (Trust) Property 

    Wall, Jesse
    This paper identifies an impasse between two conceptions of ‘property rights’. Formal conceptions explain ‘property rights’ in terms of an alienable right to exclude, that has moral significance in terms of individuals’ ...
  • Human Rights Reasoning and Medical Law: A Sceptical Essay 

    Wall, Jesse
    I am sceptical as to the contribution that human rights can make to our evaluation of medical law. I will argue here that viewing medical law through a human rights framework provides no greater clarity, insight or focus. ...
  • Human Rights Reasoning and Medical Law: A Sceptical Essay 

    Wall, Jesse
    I am sceptical as to the contribution that human rights can make to our evaluation of medical law. I will argue here that viewing medical law through a human rights framework provides no greater clarity, insight or focus. ...
  • Justifying and Excusing Sex 

    Wall, Jesse
    This article aligns two complementary claims: that sexual penetration (itself) should be considered a wrong and that consent requires express words and conduct that manifest a person’s willingness or acquiescence towards ...
  • The Legal Status of Body Parts: A Framework 

    Wall, Jesse
    There is legal uncertainty and academic disagreement as to the legal status of biological material that has become separated from the person. This article sets out the two criteria upon which the assessment of the legal ...
  • The Nature and Significance of the Right to Bodily Integrity 

    Wall, Jesse; Herring, Jonathan
    This article seeks to explain and explore the concept of bodily integrity. The concept is often elided with autonomy in the case law and the academic literature. It argues that bodily integrity is non-reducible to the ...
  • No-Fault Compensation and Unlocking Tort Law’s: ‘Reciprocal Normative Embrace’ 

    Wall, Jesse
    The purpose of this article is to explain how the principle of corrective justice has been displaced by the provision of no-fault compensation for personal injuries. In explaining the transition from tort liability for ...
  • Prospective Overruling - It's About Time 

    Wall, Jesse
    This article explains how the common law operates to produce retrospective law and how this is in turn premised upon certain jurisprudential assumptions. The author begins by assessing the prospect that ‘prospective ...
  • Public Wrongs and Private Wrongs 

    Wall, Jesse
    There are a set of wrongs that are normatively distinct as ‘criminal wrongs’, and yet, there is disagreement as to ‘the basic features of criminal liability’ that explain this normative distinctiveness. The only consensus ...
  • Review of the Book 'Stanley Fish on Philosophy, Politics and Law: How Fish works' 

    Wall, Jesse
    This article is a review of Michael Robertson’s book “Stanley Fish on Philosophy, Politics and Law: How Fish Works.” The author briefly considers Fish’s contributions to philosophy, politics and law, before discussing the ...
  • Review of the Book: What's the Hurry? Urgency in the New Zealand Legislative Process 

    Wall, Jesse
    This article is a review of Claudia Geiringer, Polly Higbee and Elizabeth McLeay’s book “What’s the Hurry? Urgency in the New Zealand Legislative Process, 1987-2010.” The author provides an overview of the analysis contained ...
  • Sexual Offences and General Reasons Not to Have Sex 

    Wall, Jesse
    This article contends that there are general (but defeasible) reasons not to engage in penetrative sex. If there are such reasons, then we are able to refute a predominant justification for the current drafting of the ...
  • The Trespasses of Property Law 

    Wall, Jesse
    The purpose of this article is to identify a limit to the appropriate application of property law to the use and storage of bodily material. I argue here that property law ought to be limited to protecting ‘contingent ...