Judges have often been adamant in asserting that their judgments and decision-making are wholly independent from principles of morality. They emphasise that their role is merely to interpret the law made by the legislature, in spite of indications in case law that principles of morality are inherently factored in to the outcome of cases. This is a trend that is particularly noticeable in the area of intellectual property.
Over the past week we have a number of cases from the Justis Irish Cases series uploaded onto the Justis platform. An overview of these cases can be found below:
Matthew Jackson, pupil barrister at Invictus Chambers, reviews a significant decision of the ECJ.
The European Court of Justice’s judgment in FSPC v Tyco C‑266/14 clarifies the position about whether time spent travelling to work constitutes “working time”. This is important when calculating rest breaks and the maximum number of hours in a working week.
Why should I consider cases from other jurisdictions when I'm undertaking legal research? This is a question that no doubt resonates with students and others when tasked with preparing for a case, assignment or other work requiring extensive research.
Over the past week we have had a wealth of cases heard in the Irish Employment Appeals Tribunal ("EAT") uploaded to our Justis Irish Employment Cases series on the Justis platform. An insight into the cases is provided below.Redundancy
Determining the exact place which legal positivism and natural law as legal philosophies have in law can be difficult for students when first presented with these theories. Both are philosophical theories concerning the genesis of the legal systems; often being treated as rival views.
Legal research can be a real headache as a law student. When I began my internship at Justis Publishing the only platform which I had felt comfortable using was Westlaw. This was until I got a chance to experience JustisOne, a legal research platform merging the best features from the other Justis products – JustCite and Justis. JustisOne is innovating the legal research marketplace.
The way we are using technology is an ever-evolving process. As we adapt to new releases and advancements, all the while increasing our reliance on them, their presence becomes irreplaceable. For example the Chartered Information of Library Information Professionals (CILIP) reported that in 2014 the use of mobile devices to access the internet had overtaken desktop access for the first time.
Lord Devlin in the Wolfenden Committee argued that the law should serve a normative function in excluding social changes that are yet to become dominant public norms as perceived by society at large. This therefore combines the two views that the law should adapt to our evolving society as well as incorporating the paternalistic role of the law in being a gatekeeper.
With any undergraduate education there is always a difference between theory and practice and the difficulties in transferring theoretical knowledge and adapting it to the real world. Legal education is therefore no exception.