A contract which is believed to be legally binding sometimes turns out to be unenforceable by one or both parties because of some defect at the time it was made. An agreement may be affected, for example, by mistake; by uncertainty; or by the incapacity of one of the parties. Often preparation or performance has already begun, and the question then arises as to how the relationship – which was thought to be governed by the agreement – is to be adjusted. Where one party has received what he was promised under the agreement there exists the possibility of a claim against him in restitution. A difficulty in many cases of this kind is that the same factors which render the contract unenforceable also provide an argument against allowing a restitutionary claim. However, this is not always the case; and even where it is, there may be some justification for permitting recovery in restitution whilst refusing an action in con tract.

This paper discusses the role of theory in legal education. It builds on an exchange between the author and Neil MacCormick and upon the discussion of the place of theory in legal education in William Twining’s symposium. The paper will move from some fairly concrete issues about the place of jurisprudence in the law curriculum towards some wider problems about the place of theory in legal studies and, finally, will consider some issues about the relationship between theory and jurisprudence. On the way it discusses the relationship between theory and philosophy in a manner which focuses upon the controversy about the foundational claims and pretensions of the theoretical and philosophical enterprise.

Parliamentary election law in the United Kingdom has been the subject of much review in Westminster and Whitehall over the past few years. The last Parliament, 1983-87, extended the franchise to British citizens temporarily resident overseas, and allowed for a greater use of postal and proxy voting. The amount of a parliamentary candidate's deposit was increased from the 1918 figure of £l50 to £500, and the threshold below which it is forfeited was reduced from 121/2% to 5% of valid votes cast. The law relating to the work of the Boundary Commissions was consolidated, and most recently the House of Commons Home Affairs Committee has reported its recommendations upon redistribution of seats, including among them a proposal for a stabilisation in the number of constituencies at its present level of 650.

Any project to draft a criminal code has to compromise between the desirable and the politically possible. It may be that the draft now produced by the Law Commission, or something like it, is the best that can safely be backed, though the contrast between it and the American Law Institute's Model Penal Code (which also had to take account of political realities, and yet has been adopted in many States) is a painful reflection on our stodginess. It is hard to avoid the impression that the Law Commission have been too cautious in their approach, leaning too much in favour of bare restatement of the existing law and against modifications that experience or reflection show to be necessary.