Contents - Faculty of Law - University of Cambridge

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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
(iii) Policing Commercial DealingsThe standards of conduct (primarily equitable) imposed upon parties to anticipated or actual commercialdealings. Against the backdrop of international standards proposed in the UNIDROIT Principles ofInternational Commercial Contracts: 2004, the law in common law jurisdictions will be compared andcontrasted as it bears on pre-contractual behaviour, on contract formation, performance and enforcement, andon extra-contractual and post-contractual behaviour. The principal doctrines to be considered are:(a) unconscionable dealing/unconscionable conduct;(b) estoppel in equity (promissory estoppel: USA);(c) ‘good faith and fair dealing’;(d) confidentiality; and(e) the fiduciary principle.Themes to be emphasised are risk assumption and risk allocation, fidelity to a bargain, reasonableexpectations and litigation certainty and costs.The issues to be covered include:liabilities for pre-contractual wrongs, eg misappropriation of the contractual opportunity;unconscionability and contract formation and enforcement: Has it any place in dealings between commercialparties (eg franchisor and franchisee)?fidelity to the bargain and judicial review of the exercise of contractual powers and discretions, eg to vary orterminate a long-term contract;departure from the strict terms of the contract.4. Fiduciary Doctrines(a)(b)(c)(d)The nature of ‘fiduciary duties’ and their defining difference from other legal duties.The function of fiduciary duties (including discussion of the philosophical and economic justifications forfiduciary doctrine).The incidence and application of fiduciary duties and the appropriateness of recognising them in commercialsettings.Remedies: (1) relationship between legal and equitable liability to compensate for losses; (2) relevance ofcontributory negligence; (3) exemplary awards; (4) proprietary remedies through constructive trusts.5. PensionsBasic structure of pensions trusts; their similarities and differences from traditional private trusts. Statutory regulationof terms. Review of discretions in pension schemes. Oversight of the operation of pension trusts by regulators.Funding and deficits.READINGThere is no main textbook for the course, and students will be expected to examine set reading provided by the lecturers,as well as engaging in their own studies.By way of introduction, students from a civilian background would be advised to read:107
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ContentsGeneral InformationOfficers
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Settlement of International Dispute
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Faculty AdministrationFaculty Offic
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The Faculty of LawLaw has been stud
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The LLM Degree. This degree is awar
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Opening Hours:Full Term: Monday to
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Rules Made by the Information Strat
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The Lauterpacht Centre for Internat
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Centre for Corporate and Commercial
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Cambridge Socio-Legal GroupThe Camb
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Dates of Faculty Board Meetings7 Oc
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Proceed with caution in reaching fo
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Faculty CommunicationEach year, the
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Law Tripos Part IA. A candidate for
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Prizes. The following prizes may be
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PAPER 2. CONSTITUTIONAL LAWA. The a
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Oliver, Constitutional Reform (2003
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Hedley, Tort (6th ed 2008)Weir, An
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3. Trusts and co-ownership: Concurr
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Brownlie, Principles of Internation
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Elliott, Constitutional Foundations
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Contract: covenant and debt; assump
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Statutes:Blackstone’s Statutes on
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For reference:Birks and Pretto (ed)
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Foster, EU Legislation (2010-2011)B
Page 56 and 57: PAPER 42. INTELLECTUAL PROPERTY1. I
Page 58 and 59: 2. Property torts (conversion and t
Page 60 and 61: (iii)Causation4. Contracts in Engla
Page 62 and 63: Rawls, Political LiberalismRawls, J
Page 64 and 65: Rodger and McCulloch, The UK Compet
Page 66 and 67: Law Commission, Renting Homes: The
Page 68 and 69: Human Rights Case DigestHuman Right
Page 70 and 71: 3. Title at common law and in equit
Page 72 and 73: Exemption from Professional Examina
Page 74 and 75: Paper application available to down
Page 76 and 77: Form of Examination and Designation
Page 78 and 79: ‘Open Book’ Papers. Where a pap
Page 80 and 81: LLM : Syllabuses and Lists of Recom
Page 82 and 83: ased upon one or two leading cases,
Page 84 and 85: Goff and Jones, The Law of Restitut
Page 86 and 87: Butterworths’ Company Law Handboo
Page 88 and 89: 2. The EU’s system for human righ
Page 90 and 91: the context of environmental protec
Page 92 and 93: European Competition Law Review (EC
Page 94 and 95: Crawford, The Treatment of Combatan
Page 96 and 97: Douglas, The International Law of I
Page 98 and 99: Unger, Free Trade Reimagined (2007)
Page 100 and 101: 3. Sceptics and Critics I4. Sceptic
Page 102 and 103: The course provides an opportunity
Page 104 and 105: (iv)(v)(vi)(vii)Is either utilitari
Page 108 and 109: Gardner, Introduction to the Law of
Page 110 and 111: 1. Types of theoretical analysis an
Page 112 and 113: 2. Specific fieldsTopics to be sele
Page 114 and 115: The LLM (one-year taught postgradua
Page 116 and 117: As part of the requirements for the
Page 118 and 119: Teaching Members of the Faculty of
Page 120 and 121: MC Elliott, MA, PhD (Cantab); St Ca
Page 122 and 123: RA Melikan, BA (Mich), JD, MA (Chi)
Page 124 and 125: BD Sloan, MA, LLM (Cantab); King’
Page 126 and 127: Law Teachers in the Department of L
Page 128 and 129: Murray Edwards College. Dr S Turenn
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Contents - Faculty of Law - University of Cambridge

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