Hart Publishing Research Articles

LaurensLavrysen and NatasaMavronicola (eds), Coercive Human Rights: Positive Duties to Mobilise the Criminal Law under the ECHR, Oxford, Hart Publishing, 2020, 328 pp, hb, £63.00

The Modern Law ReviewEarly View REVIEW Lavrysen, Laurens and Mavronicola, Natasa (eds), Coercive Human Rights: Positive Duties to Mobilise the Criminal Law under the ECHR, Oxford, Hart Publishing, 2020, 328 pp, hb, £63.00 Ergün Cakal, Corresponding Author Ergün Cakal ergun.cakal@jur.ku.dk University of Copenhagen, Faculty of Law, Copenhagen, Denmark. email: ergun.cakal@jur.ku.dkSearch for more papers by this author Ergün Cakal, Corresponding Author Ergün Cakal ergun.cakal@jur.ku.dk University of Copenhagen, Faculty of Law, Copenhagen, Denmark. email: ergun.cakal@jur.ku.dkSearch for more papers by this author First published: 29 August 2021 https://doi.org/10.1111/1468-2230.12681 Read the full textAboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL Share a linkShare onFacebookTwitterLinked InRedditWechat Early ViewOnline Version of Record before inclusion in an issue RelatedInformation

Meghan Campbell, Women, Poverty, Equality: The Role of CEDAW, Oxford, Hart Publishing, 2018, 328pp, eBook £27.00

The Modern Law ReviewEarly View REVIEW Campbell, Meghan, Women, Poverty, Equality: The Role of CEDAW, Oxford, Hart Publishing, 2018, 328pp, eBook £27.00 Aleisha Ebrahimi, Corresponding Author Aleisha Ebrahimi aleisha.ebrahimi@ucl.ac.uk Associate Lecturer (Teaching), Faculty of Laws, University College London. Correspondence: Aleisha Ebrahimi, UCL Faculty of Laws, Bentham House, 4–8 Endsleigh Gardens, London, WC1H 0EG. aleisha.ebrahimi@ucl.ac.ukSearch for more papers by this author Aleisha Ebrahimi, Corresponding Author Aleisha Ebrahimi aleisha.ebrahimi@ucl.ac.uk Associate Lecturer (Teaching), Faculty of Laws, University College London. Correspondence: Aleisha Ebrahimi, UCL Faculty of Laws, Bentham House, 4–8 Endsleigh Gardens, London, WC1H 0EG. aleisha.ebrahimi@ucl.ac.ukSearch for more papers by this author First published: 18 August 2021 https://doi.org/10.1111/1468-2230.12674 Read the full textAboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL Share a linkShare onFacebookTwitterLinked InRedditWechat Early ViewOnline Version of Record before inclusion in an issue RelatedInformation

Book review: Citizenship, Crime and Community in the European Union, by Stephen Coutts. (Oxford: Hart Publishing, 2019)

Book review: <i>Citizenship, Crime and Community in the European Union</i>, by Stephen Coutts. (Oxford: Hart Publishing, 2019)

S. Cowan, C. Kennedy and V. Munro (eds), Scottish Feminist Judgments: (Re)Creating Law from the Outside In, Oxford: Hart Publishing, 2020, 472pp, hb £95.00

The Modern Law ReviewEarly View REVIEW S. Cowan, C. Kennedy and V. Munro (eds), Scottish Feminist Judgments: (Re)Creating Law from the Outside In, Oxford: Hart Publishing, 2020, 472pp, hb £95.00 Rachel McPherson, Corresponding Author Rachel.Mcpherson@glasgow.ac.uk Lecturer in Criminal Law, University of Glasgow. email: Rachel.Mcpherson@glasgow.ac.ukSearch for more papers by this author Rachel McPherson, Corresponding Author Rachel.Mcpherson@glasgow.ac.uk Lecturer in Criminal Law, University of Glasgow. email: Rachel.Mcpherson@glasgow.ac.ukSearch for more papers by this author First published: 07 July 2021 https://doi.org/10.1111/1468-2230.12660 [Correction added on 12 July 2021, after first online publication: some typographical errors in text have been corrected in this version.] Read the full textAboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL Share a linkShare onEmailFacebookTwitterLinked InRedditWechat Early ViewOnline Version of Record before inclusion in an issue RelatedInformation

Book Review: Thomas Bustamante &amp; Thiago Lopes Decat (eds), Philosophy of Law as an Integral Part of Philosophy: Essays on the Jurisprudence of Gerald J Postema, Oxford: Hart Publishing. 2020

Book Review: Thomas Bustamante &amp; Thiago Lopes Decat (eds), <i>Philosophy of Law as an Integral Part of Philosophy: Essays on the Jurisprudence of Gerald J Postema</i>, Oxford: Hart Publishing. 2020

Simon Deakin and Christopher Markou (eds), Is Law Computable: Critical Perspectives on Law and Artificial Intelligence, Oxford: Hart Publishing, 2020, xxi + 320 pages, hb £72.00

Simon Deakin and Christopher Markou (eds), Is Law Computable: Critical Perspectives on Law and Artificial Intelligence, Oxford: Hart Publishing, 2020, xxi + 320 pages, hb £72.00

A Philosophy of Contract Law for Artificial Intelligence: Shared Intentionality

This is a chapter for the forthcoming book, Contracting and Contract Law in the Age of Artificial Intelligence, edited by Martin Ebers, Cristina Poncibo, and Mimi Zou, to be published by Hart Publishing. The aim of this chapter is to offer a general theory of contract law to account for the inclusion of artificial intelligence in contract practices. Artificial intelligence brings out that what makes contract law a distinctive form of legal obligation is shared intentionality. I refer to this insight as the shared intentionality thesis. Shared intentionality is the psychological capacity of one agent to share and pursue a joint goal with another agent. It is an attribute of human thought empowering human planning and the ability to share agency with others. Shared intentionality leads to a focus on objective intent to enter contractual relations in Anglo-American contract law as the primary concept in understanding what is distinctive about contractual obligation. The doctrine of objective intent in contract law operates as a Turing test for determining whether a contract has been formed. The chapter explains that it does not matter which “mind” is thought to produce this intent – human or artificial. The issue is attribution of the right sort of mental states by one contract party to another. Daniel Dennett’s notion of the intentional stance, as well as philosophical work on mindreading, can assist in developing this argument. The chapter focuses on understanding how folk psychology can lead humans to the sort of recognition that is needed to engage with increasing levels of artificial intelligence in contracting. What gives artificial intelligence intent is not some internal workings of its programming but us – the ascription of intentionality to artificial intelligence by humans. But the intentional stance on its own does not offer an adequate explanation of a special kind of intent that is needed for contract formation. It does not inform us about the sort of “we” intentionality or the ability to engage in future directed intentions as elements of stable plans of action in the form of contracts. Shared intentionality, a concept developed by philosopher Michael Bratman, evolutionary anthropologist Michael Tomasello and others, is the core of contractual obligation. It does not matter whether this shared intentionality is the result of human or artificial agency. Of course, artificial intelligence on its own does not yet have the sort of agency required for shared intentionality but it likely will in the non-too-distant future.

D.Hallinan, R.Leenes, S.Gutwirth, and P.DeHert(eds), Data Protection and Privacy: Data Protection and Democracy, Oxford: Hart Publishing, 2020, 336pp, hb £45.00

D.Hallinan, R.Leenes, S.Gutwirth, and P.DeHert<i>(eds)</i>, Data Protection and Privacy: Data Protection and Democracy, Oxford: Hart Publishing, 2020, 336pp, hb £45.00

Amanda Cooke, Pensions and Legal Policy: Lessons on the Shift from Public to Private, Oxford: Hart Publishing, 229 pp, hb £70.00

Amanda Cooke, Pensions and Legal Policy: Lessons on the Shift from Public to Private, Oxford: Hart Publishing, 229 pp, hb £70.00

Anthony Gray, The Evolution from Strict Liability to Fault in the Law of Torts (Oxford, Hart Publishing 2021). 296 pp. ISBN 9781509941018

Article Anthony Gray, The Evolution from Strict Liability to Fault in the Law of Torts (Oxford, Hart Publishing 2021). 296 pp. ISBN 9781509941018 was published on April 1, 2021 in the journal Journal of European Tort Law (volume 12, issue 1).

Book review: Fundamental Rights and Mutual Trust in the Area of Freedom, Security and Justice: A Role for Proportionality?, by Ermioni Xanthopoulou. (Oxford: Hart Publishing, 2020)

Book review: <i>Fundamental Rights and Mutual Trust in the Area of Freedom, Security and Justice: A Role for Proportionality?</i>, by Ermioni Xanthopoulou. (Oxford: Hart Publishing, 2020)

Book review: European Court Procedure: A Practical Guide, by Viktor Luszcz et al. (Oxford: Hart Publishing, 2020)

Book review: <i>European Court Procedure: A Practical Guide</i>, by Viktor Luszcz et al. (Oxford: Hart Publishing, 2020)

Book review: Critical Reflections on Constitutional Democracy in the European Union, edited by Sacha Garben, Inge Govaere and Paul Nemitz. (Oxford: Hart Publishing, 2019)

Book review: <i>Critical Reflections on Constitutional Democracy in the European Union</i>, edited by Sacha Garben, Inge Govaere and Paul Nemitz. (Oxford: Hart Publishing, 2019)

Book review: Patrick Masiyakurima, Copyright Protection of Unpublished Works in the Common Law World (Hart Publishing, Oxford 2020) 240 pp.

Book review: Patrick Masiyakurima, Copyright Protection of Unpublished Works in the Common Law World (Hart Publishing, Oxford 2020) 240 pp.

Michael Legg and Felicity Bell, Artificial Intelligence and the Legal Profession, Oxford: Hart Publishing, 2020, 408 pp, hb £75.00

Michael Legg and Felicity Bell, Artificial Intelligence and the Legal Profession, Oxford: Hart Publishing, 2020, 408 pp, hb £75.00

Literature Review: S. Daly, Tax Authority Advice and the Public, Hart Publishing, 2020

Literature Review: S. Daly, <i>Tax Authority Advice and the Public</i>, Hart Publishing, 2020

Book review: Environmental Crime in Europe., edited by Andrew Farmer, Michael Faure and Grazia Maria Vagliasindi. (Oxford: Hart Publishing, 2017)

Book review: <i>Environmental Crime in Europe.</i>, edited by Andrew Farmer, Michael Faure and Grazia Maria Vagliasindi. (Oxford: Hart Publishing, 2017)

Book review: The Right of Communication to the Public in EU Copyright Law, by Justin Koo. (Oxford: Hart Publishing, 2019)

Book review: <i>The Right of Communication to the Public in EU Copyright Law</i>, by Justin Koo. (Oxford: Hart Publishing, 2019)

Shireen Morris, A First Nations Voice in the Australian Constitution, Oxford: Hart Publishing, 2020, 344 pp, hb $108.00 (AUD)

Book review of: 'A First Nations voice in the Australian Constitution', by Shireen Morris, Oxford: Hart Publishing, 2020, 344 pp, hb $108.00 (AUD).

Jean-Sébastien Borghetti and Simon Whittaker (eds.), French Civil Liability in Comparative Perspective, (Oxford: Hart Publishing, 2019) 522 pp, ISBN: 978-1509927272

Article Jean-Sébastien Borghetti and Simon Whittaker (eds.), French Civil Liability in Comparative Perspective, (Oxford: Hart Publishing, 2019) 522 pp, ISBN: 978-1509927272 was published on April 1, 2021 in the journal European Review of Contract Law (volume 17, issue 1).