
SINGAPORE JOURNAL OF LEGAL STUDIES


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Copyright Subsistence in Contemporary Times: A Dead Shark, an Unmade Bed_x000D_ and Bright Lights in an Empty Room
Citation: [2013] Sing JLS 402Singapore has seen a proliferation of contemporary art exhibitions and auctions in recent years. Installation art, like the infamous shark suspended in a tank of formaldehyde, can be worth millions of dollars in the world of contemporary art. This article examines whether installation artworks can satisfy the requirements for the subsistence of copyright in Singapore. The intrinsic characteristics of installation art, including the transient nature of particular works and its frequent use of ready made and natural objects, seem to be in conflict with the statutory definition of an 'artistic work' and with the copyright subsistence requirements of fixation and originality. The authors argue that there should not be a per se rule either against the recognition of installation works as sculpturesa specific category of artistic worksor more generally as artistic works. It will examine three of the most famousand controversialTurner Prize-nominated and winning works as illustrative case_x000D_ studies. The article also suggests that 'artistic purpose' is likely to have a more prominent role in the_x000D_ evaluative criteria used by courts for the classification of 'artistic works', particularly in the courts'_x000D_ approach to non-propositional installation works. - Article
Of Profit Sharing and Partnerships
Citation: [1995] Sing JLS 404The profit element features as a central component in the definition of a partnership. Indeed, profit sharing between the parties has been singled out for statutory prima facie presumption of a partnership. As to how important this factor of profit sharing serves as an indicium of partnership - whether such a presumption can actually stand on its own or whether it has to be placed in its proper perspective as it interacts with other indicia in the totality of the circumstances before one can conclusively infer the existence of a partnership (with all the ancillary advantages and liabilities) - is an issue that will be discussed at length in this present paper. - Article
National Security, Multiculturalism and Muslim Minorities
Citation: [2006] Sing JLS 405Using case studies of Muslim minorities in Canada and Singapore, this paper examines the complex relationship between multiculturalism and national security. The first part of the paper examines the different characteristics of Muslim minorities in Canada and Singapore with an emphasis on how Canada's Muslim minority is smaller, more diverse and less well established than Singapore's. The next section examines some of the dangers of hurried or heavy-handed attempts to merge concerns about multiculturalism with security that do not build on pre-existing institutions and inter-group relations. The next part outlines Canada's and Singapore's main responses to 9/11 with special attention to how these responses may affect the Muslim minorities in both countries and the way each society has managed the arrest and detention of suspected terrorists. The next section explores the role of transparent and independent review of national security activities in the maintenance of public confidence in the fairness of the state's security strategies in multicultural societies. The final section critically examines the emerging trend of prosecuting speech associated with terrorism and the consequent blurring of anti-terrorism and anti-hate rationales for the prohibition of extreme political or religious speech. The article concludes with a discussion of how Canada and Singapore will deal with the challenges of crafting national security policies for their multicultural societies in their own distinct manner. - Article
Westminster Constitutions and Implied Fundamental Rights: Excavating an Implicit Constitutional Right to Vote
Citation: [2009] Sing JLS 406Constitutional texts are products of conscious deliberation, although Westminster-based Constitutions are not exhaustive. This article examines whether there are implied rights in the Singapore Constitution, given express ministerial statements affirming the constitutional status of an implied right to vote. It evaluates the debates concerning the legal status of voting rights and explores the possible theoretical bases which may ground an interpretive method supporting the 'declaration' of implied fundamental rights, the legitimacy and nature of constitutional implications. Attention is paid to Australian experience in the judicial derivation of an implied right to freedom of political communication in considering methods of constitutional implications. It considers whether it is beneficial and desirable to have an express constitutional right to vote, what its content might be and reflects on the Singapore model of representative democracy and citizenship. - Article
Globalisation and Crime: The Challenges to Jurisdictional Principles
Citation: [1999] Sing JLS 409The process of globalisation has rapidly made crime borderless. This poses challenges to existing rules on jurisdiction, particularly of countries like Singapore which, as a result of the common law tradition, have shown reluctance to deviate from the territoriality principle. This article argues that such states should move away from this position and respond to the new phenomenon of global integration of criminal syndicates by adopting more innovative theories of jurisdiction. It uses money-laundering to explore the alternative strategies that may be adopted. - Article
Evidential Privilege: Sacrifice in the Search for Truth
Citation: [2001] Sing JLS 410The decision of the High Court in PP v Knight Glenn Jeyasingam contains what is probably the most important discussion of the law of privilege in recent years. A plea negotiation privilege was brought into existence, without express statutory sanction, through the medium of "purposive interpretation". This article uses this decision as a springboard to discuss the two core issues in the law of privilege - the determination of whether a privilege should exist at all, and the task of marking the boundaries of an existing privilege. The meaning of "purposive interpretation" in the context of a clash between contending and incompatible social values -the integrity of the judicial fact-finding process and the value sought to be protected by the privilege - is explored. - Article
Stay of Action Based on Exclusive Jurisdiction Clauses under English and Singapore Law (Part 2)
Citation: [1991] Sing JLS 410The article examines the problems arising from the current approach relating to the stay of proceedings commenced in breach of exclusive jurisdiction arrangements. Both Singapore and English cases are referred to. A new approach is proposed in response to these problems. - Article
Focusing on Corporate Short-Termism
Citation: [2011] Sing JLS 412Much concern has been expressed over the problem of 'short-termism' as evidenced in the numerous discussion papers made public by industry and investor associations and regulatory bodies in the US and the UK. While concerns over short-termism and its effects are not new, the short-termism being experienced now is the result of structural changes brought about by agency theory based managerial compensation and its four legged strategy of short term managerial employment contracts, stock based compensation, high stock price, and the pursuit of high-risk high-return investment strategies to achieve the latter. This article investigates the changes to corporate governance structure that have produced short-termism, short-termism's present form and continuing hold, how it has impacted on corporate governance, and what, if anything, should be done about it. - Article
Special issue: Basic Legal Positions – Analytical, Normative, Aspirational: Connecting and Disconnecting Theoretical Approaches to Rights
Citation: [2024] Sing JLS 414First view: [Sep 2024 Online] Sing JLS 1-20This article explores the relationship between descriptive and normative work in general legal theory by focusing on the possibility of describing contingent evaluations, as contrasted with a theoretical commitment to such an evaluation. This gives rise to a crucial distinction between analytical- descriptive and aspirational-normative theoretical work. Part I traces different levels of theoretical analysis, and the recognition of different theoretical roles in tackling normative subject matter. Part II introduces a triple-level analytical scheme developed to expand the Hohfeldian analysis of legal rights. This additional analytical resource is then utilised in working through different levels of the analysis of legal rights, and to reveal some points of overlap with the different levels of analysis of law’s normativity found in Part I. This broader understanding is then related to the different theoretical roles identified in Part I, so as to produce a classification of theoretical approaches to rights, with the aim of revealing where intelligible discourse between them is possible.