Reason in the Supreme Court: Making Your Mind Up
15 Pages Posted: 3 May 2013
Date Written: April 30, 2013
Abstract
This paper explores themes relating to purpose and rationality in private law reasoning, in the light of the approach taken, and claims made, by the majority of the UK Supreme Court in the recent decision in Hayes v Willoughby [2013] UKSC 17. The Justices’ construction of the Protection from Harassment Act is criticised, and the broader rationale of ‘rationality’ in this context is questioned.
Keywords: tort, Supreme Courts, judging, law of obligations, purpose
Suggested Citation: Suggested Citation
Lee, James, Reason in the Supreme Court: Making Your Mind Up (April 30, 2013). Available at SSRN: https://ssrn.com/abstract=2258406 or http://dx.doi.org/10.2139/ssrn.2258406
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