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All Outputs (11)

Critical Theory (2024)
Book Chapter
Jacques, J. (in press). Critical Theory. In R. Nolan, L. Ho, M. Bennett, & A. Hofri-Winogradow (Eds.), The Oxford Handbook of Comparative Trust Laws. Oxford University Press

This chapter looks at the way in which critical theory has been applied to trusts law. Its main question is why the critique of trusts law, or critical trusts law, has not been more successful, given the prevalence of critical approaches in legal sch... Read More about Critical Theory.

E-money and Trusts: A Property Analysis (2022)
Journal Article
Jacques, J. (2022). E-money and Trusts: A Property Analysis. Law Quarterly Review, 138(Oct), 605-623

Discusses the legal issues addressed in Re Ipagoo LLP (In Administration) (CA), on whether customer funds held by electronic money institutions in return for issued electronic money were their absolute property or were held on trust, including the pr... Read More about E-money and Trusts: A Property Analysis.

A ‘Most Astonishing’ Circumstance: The Survival of Jewish POWs in German War Captivity during the Second World War (2020)
Journal Article
Jacques, J. (2021). A ‘Most Astonishing’ Circumstance: The Survival of Jewish POWs in German War Captivity during the Second World War. Social and Legal Studies, 30(3), 362-383. https://doi.org/10.1177/0964663920946468

During the Second World War, more than 60,000 Jewish members of the American, British and French armed forces became prisoners of war in Germany. Against all expectations, these prisoners were treated in accordance with the 1929 Geneva Convention, an... Read More about A ‘Most Astonishing’ Circumstance: The Survival of Jewish POWs in German War Captivity during the Second World War.

Property and the Interests of Things: The Case of the Donative Trust (2019)
Journal Article
Jacques, J. (2019). Property and the Interests of Things: The Case of the Donative Trust. Law and Critique, 30(2), 201-220. https://doi.org/10.1007/s10978-019-09241-y

Within a liberal, ‘law of things’ understanding of property, the donative trust is seen as a species of gift. Control over trust property passes from the hands of settlors to beneficiaries, from owners to owners. Trust property, like all other proper... Read More about Property and the Interests of Things: The Case of the Donative Trust.

Where Nothing Happened: The Experience of War Captivity and Levinas’s Concept of the ‘There Is’ (2016)
Journal Article
Jacques, J. (2017). Where Nothing Happened: The Experience of War Captivity and Levinas’s Concept of the ‘There Is’. Social and Legal Studies, 26(2), 230-248. https://doi.org/10.1177/0964663916661875

This article takes as its subject matter the juridico-political space of the prisoner of war (POW) camp. It sets out to determine the nature of this space by looking at the experience of war captivity by Jewish members of the Western forces in World... Read More about Where Nothing Happened: The Experience of War Captivity and Levinas’s Concept of the ‘There Is’.

Law, Decision, Necessity: Shifting the Burden of Responsibility (2015)
Book Chapter
Jacques, J. (2016). Law, Decision, Necessity: Shifting the Burden of Responsibility. In M. Arvidssen, L. Brännström, & P. Minkkinen (Eds.), The contemporary relevance of Carl Schmitt : law, politics, theology (107-119). Routledge

What does it mean to act politically? This paper contributes an answer to this question by looking at the role that necessity plays in the political theory of Carl Schmitt. It argues that necessity, whether in the form of existential danger or absolu... Read More about Law, Decision, Necessity: Shifting the Burden of Responsibility.

From Nomos to Hegung: Sovereignty and the Laws of War in Schmitt's International Order (2015)
Journal Article
Jacques, J. (2015). From Nomos to Hegung: Sovereignty and the Laws of War in Schmitt's International Order. Modern Law Review, 78(3), 411-430. https://doi.org/10.1111/1468-2230.12122

Carl Schmitt's notion of nomos is commonly regarded as the international equivalent to the national sovereign's decision on the exception. But can concrete spatial order alone turn a constellation of forces into an international order? This article l... Read More about From Nomos to Hegung: Sovereignty and the Laws of War in Schmitt's International Order.