Contents - Faculty of Law - University of Cambridge

Reiman, ‘Justice, Civilization, and the Death Penalty’Sorell, Moral Theory and Capital PunishmentSteiker, ‘No, Capital Punishment is not Morally Required’Sunstein and Vermeule, ‘Is Capital Punishment Morally Required?’van den Haag, ‘The Ultimate Punishment: A Defense’van den Haag and Conrad, The Death PenaltyWaldron, ‘Lex Talionis’The Obligation to Obey the Law:Gans, Philosophical Anarchism and Political DisobedienceGreen, The Authority of the StateGreenawalt, Conflicts of Law and MoralityHarris (ed), On Political ObligationHobbes, LeviathanHorton, Political ObligationHurd, Moral CombatKlosko, The Principle of Fairness and Political ObligationKramer, In Defense of Legal PositivismLocke, Second Treatise of GovernmentRaz, The Authority of LawSimmons, Moral Principles and Political ObligationsSoper, A Theory of LawPAPER 32. COMMERCIAL EQUITY1. Core Principles of Express Trusts and their ‘Offshore Challenge’(i)The juridical nature and function of the trust; trusts in organisational theory, including competing governancestructures for asset management through corporations and agency.Proprietary vs. contractarian aspects of trust. The relevance of default rules and the express drafting of trustterms. A discussion of which mandatory rules flow from which aspect.2. The ‘Irreducible Core’ of Trusteeship and Public Policy Controls on the Operation of Trusts(ii)The possibility of an ‘irreducible core’ content of trusteeship in English law (in terms of duties to account and toact in good faith; supervision by a court; enforcement by beneficiaries and limits on duration by the rule againstperpetuities).The extent to which these can be abrogated in England by exemption clauses and ousters of rights toinformation.The basis of rights to information in English and Commonwealth law, including access to letters of wishes.The adequacy of the rights. Implications for trustee accountability and beneficiary enforcement.3. Equitable Regulation in a Commercial Context106