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The Middle Ages are not usually considered an era when the law was friendly to laborers. Numerous regulations in medieval England were very unfriendly to them. However, religious laws—that is, canon law—did act to protect laborers when it came to working on holy days. Examining cases in the ecclesiastical courts, this article traces discussions concerning who was to blame, from theory into practice, when masters compelled their subordinates to work on holy days. Differing ideas on how to assign blame were ultimately reflected in the ecclesiastical courts. Some courts prosecuted only masters, while others prosecuted both masters and subordinates.
In a discussion of Parfit's Drops of Water case, Zach Barnett has recently proposed a novel argument against “No Small Improvement”; that is, the claim that a single drop of water cannot affect the magnitude of a thirsty person's suffering. We first show that Barnett's argument can be significantly strengthened, and also that the fundamental idea behind it yields a straightforward argument for the transitivity of equal suffering (a much stronger and more important conclusion than Barnett's). We then suggest that defenders of No Small Improvement could reject a Pareto principle that is presupposed in Barnett's argument and our developments of it. However, this does not save No Small Improvement, since there is a convincing argument against this claim that does not presuppose the Pareto principle.
Foreign direct liability litigation against businesses is still a growing trend in European domestic courts, going on for over two decades.1 With absent effective remedies in host states, victims of human rights abuses committed by transnational corporations’ subsidiaries try to get access to remedy in the courts of the home states of the parent companies. A crucial factor for whether such cases can succeed, is the viability of the claims against the parent companies allegedly involved in the abuses. The principal legal route that victims have used to hold parent companies liable is through common law negligence claims.