Working paper series

LSE Law Working Papers, Winter 2021

6 January 2022

We are delighted to announce a new issue of the LSE Law School’s Legal Studies Working Paper Series. 

In this issue, Kai Möller (WPS 13/2021) considers whether the lockdowns imposed in the context of the Covid-19 pandemic were proportionate and thus legally and morally justifiable, pointing out three pathologies of the political and public discourse around lockdowns; Francesca Uberti (WPS 14/2021) studies the role of institutional and regulatory contexts in feeding vaccine doubts by shedding light on how certain aspects of the U.S and U.K. vaccine regulatory systems are relied upon by vaccine critics as offering 'evidence' of the unsafety of vaccines; Richard Martin (WPS 15/2021) casts a critical eye over the five main proposals contained in Clauses 54 to 60 of the Police, Crime, Sentencing and Court Bill seeking to expand police powers to restrict non-violent but disruptive or 'noisy' protests and concludes that they amount to a marked broadening and deepening of protest powers, signalling a desire for a more interventionist, less tolerant police response to non-violent but disruptive protests; Samuel Tschorne and Martin Loughlin (WPS 16/2021) map three dominant approaches, which they call constructivism, deconstructivism and reconstructivism, that have taken shape following the recent theoretical turn taken by British public law scholarship; Floris de Witte and Jan Zglinski (WPS 17/2021) explore the Europeanisation of football, arguing that the interactions between the affective and regulatory dimensions of this process have to be examined for us to truly understand what is 'European' about football, and that a closer alignment of regulatory instruments to support currently marginalised actors (including fans) would not only make for a more representative mode of football governance but also one that understands EU law to be sensitive to the experience of those that it affects; Grégoire Webber (WPS 18/2021) argues that the measures that realise human rights in the law are the everyday, unremarkable measures that make up the full corpus of legal materials directing what may, must, and must not be done, and explores how all sound positive law finds its source in the human goods through one of two modes of derivation -- deduction or specification -- being the same two modes of positive law's derivation from natural law; and David Kershaw (WPS 19/2021) shows how Delaware corporate law contains two distinct and incommensurable conceptions of fiduciary obligation.