Jurisprudence



Benjamin Bestgen: Respectable offenders

Benjamin Bestgen examines the impact of "respectability" in criminal trials. See last week's jurisprudential primer here.

Published 27 January 2021

Benjamin Bestgen: Consensual harm

This week Benjamin Bestgen looks at the legalities surrounding certain extracurricular activities. See last week's here.

Published 24 December 2020

Benjamin Bestgen: Revenge

"If a man put out the eye of another man, his eye shall be put out" and if he breaks another's bone, his shall be broken. So states Hammurabi's Code, an ancient exemplar of the precept of lex talionis. Why is revenge so compelling? Benjamin Bestgen explains all. See his last jurisprudential primer here.

Published 16 December 2020

Benjamin Bestgen: No place to hide

"Oh, sinnerman, where you gonna run to? Sinnerman where you gonna run to?" sang Nina Simone of those who flee judgement. But even the ends of the Earth were no safe haven for Adolf Eichmann. Benjamin Bestgen tells the tale this week of the most famous rogue Nazi and his dramatic rendition to the country of his victims – but at what cost to the rule of law? See last week's jurisprudential primer here.

Published 9 December 2020

Benjamin Bestgen: LAWs

Benjamin Bestgen takes a look this week at robotic weapons and the law. See last week's primer here.

Published 2 December 2020

Benjamin Bestgen: Usury

"Usura rusteth the chisel/It rusteth the craft and the craftsman", wrote Ezra Pound. Benjamin Bestgen this week explains the practice of usury. See last week's primer here.

Published 25 November 2020

Benjamin Bestgen: Just prices

Benjamin Bestgen asks us this week to consider just prices. See last week's jurisprudential primer here.

Published 18 November 2020

Benjamin Bestgen: Apologies

Sorry seems to be the hardest word, which is why the law has gotten involved in recent years. Benjamin Bestgen reflects on an early injustice and the value of apologies. See last week's jurisprudential primer here.

Published 11 November 2020

Benjamin Bestgen: Sketching a legal system

What's in a legal system? Benjamin Bestgen supplies the principal ingredients. See his last primer here.

Published 4 November 2020

Benjamin Bestgen: Law in science fiction and fantasy

In the thirtieth article in Scottish Legal News' jurisprudential primer series, Benjamin Bestgen takes a look at fictional legal systems. See his last entry here.

Published 28 October 2020

Benjamin Bestgen: Law and nanoscience

Benjamin Bestgen considers how the law might grapple with nanoscience. See his last jurisprudential primer here.

Published 21 October 2020

Benjamin Bestgen: Power and public discourse (Free Speech III)

In the third of his articles on free speech, Benjamin Bestgen stresses that freedom of expression must be examined in context. See his last piece here.

Published 7 October 2020

Benjamin Bestgen: The right to my opinion (Free Speech I)

Benjamin Bestgen takes a timeous look at freedom of expression. See his last primer, on marriage, here.

Published 16 September 2020

Benjamin Bestgen: Punishing companies

Benjamin Bestgen examines the available options for punishing companies and questions whether our current laws are appropriate.

Published 2 September 2020

Benjamin Bestgen: Moral companies?

Benjamin Bestgen this week considers the moral obligations of companies. See his last jurisprudential primer here.

Published 26 August 2020