A distinction between the domestic and commercial context is commonly drawn in property law discourse and has been brought into focus by three recent House of Lords’ decisions. The thesis of this paper is that while the distinction is a useful explanatory tool, it runs into difficulties when given legal effect by the courts. There is a definitional problem in understanding what is included within each context. Indeed, the distinction assumes the existence of a dichotomy when, in fact, the domestic and commercial spheres are better seen as a continuum. In Stack v Dowden, the majority of the House of Lords gave legal effect to context and considered that different rules should apply to determine ownership of the home. This paper locates its decision in the broader debate on judicial restraint and creativity. By analogy with current discussion of due deference in public law, it is suggested that, in light of the policy issues involved and the broader ramifications of the decision, insufficient justification was given for the approach adopted by the majority.

Gwyneth Bebb gave her name to a landmark case in the campaign to open the legal profession to women. In spite of this achievement, which is often mentioned but rarely analysed, historical accounts have given little or no attention to the woman or the campaign of which she was part; and what happened to her then and later has remained shrouded in mystery. The article finds that her disappearance was due in part to the circumstances of her life, outlined here, but mainly to the tendency of institutional histories, if they acknowledge women’s contribution at all, to present it as a simple (though discontinuous) tale of progress, thereby masking continuing prejudice and inequality. The article argues that women’s lives need to be properly examined to produce a more complete and truthful explanation of how things were, and how they are now.

This paper considers the scope and limits of accessorial liability in the law of torts. It argues that the issue has been under-analysed, in part because such liability is encompassed under the label of ‘joint tortfeasorship’. Analysis of the question of accessorial liability needs to focus on two questions: what is the requisite involvement of the ‘accessory’ and what is the requisite mental state of the accessory when committing those acts? The paper seeks to define the precise limits of these two requirements and argues, after an analysis of the English and Australian authorities, that the current tests for accessorial liability, in rejecting liability for ‘mere’ assistance, are too narrowly stated.

Legislation has been enacted in both England/Wales and Scotland which criminalises smoking in certain places. This paper uses these prohibitions as a way of exploring two prominent theories of criminalisation which were employed in the parliamentary debates on the legislation, namely legal paternalism and the liberal ‘harm principle’. The paper argues that the creation of these offences cannot be justified by paternalism, and that the risk of harm to non-smokers from ‘passive smoking’is a preferable justification. This latter rationale could be used in support of more extensive smoking prohibitions in the future. The paper recognises the desire of many to limit the use of the criminal sanction and concludes by suggesting that unwarranted criminalisation can only be avoided if legislatures proposing new offences clearly articulate their reasons for believing that the criminal law is the best mechanism for reducing or deterring the conduct at issue, and demonstrate that the behaviour cannot adequately be deterred by non-criminal measures.

This paper examines the concept of environmental justice with particular reference to its development in the UK. The paper analyses the empirical evidence behind environmental justice and argues that, while the body of evidence is compelling, it simultaneously highlights a number of limitations. Moreover, the paper offers an analysis of the multiple responses taken at official and non-governmental organisation levels to environmental justice. The paper argues that often these responses are vague and diverse, and run the risk of rendering environmental justice, as a concept, ineffective. Finally, the paper discusses what role the law may be able to play in shaping environmental justice debates in the UK.

Restorative justice principles often feature prominently in peace agreements and initiatives to foster reconciliation and peace-building. As part of its own transitional process, Northern Ireland has undertaken a wide-ranging programme of criminal justice reform, whereby restorative practices have become a central response to juvenile offending. Drawing on a major evaluation of the Northern Ireland Youth Conferencing Scheme, this paper suggests that restorative conferencing holds the potential not only to promote reconciliation between victims and offenders, but it may even bolster the legitimacy deficit suffered by criminal justice institutions. Whilst is vital that such schemes continue to foster their engagement with civil society and the wider community, the broader potential of restorative processes to contribute to post-conflict peace-building is considerable, especially in relation to fostering a sense of legitimacy necessary for the operation of society and the institutions of the state.