Networks, agency and (de)stabilisation: the issue of navigation on the River Wye, UK

This paper assesses the way in which an actor network presiding over the management of the River Wye has stabilized through accepting a particular view on the issue of navigation. The paper provides an account of how the network was challenged by a dissonant actor who, through reviving an old company, developed a counter network. It is argued that network stabilization is a form of consensus-building and it is contended that the way in which an issue is defined is crucial in terms of the successful enrolment of actors. The paper illustrates some of the conflicts and complexities encountered in resource planning, suggesting that research of this nature should trace actors back through time as well as through space if dynamics between actors involved in rural planning and management are to be effectively understood.

The Mystery of Privity: Grand Trunk Railway Company of Canada v Robinson (1915)

This article examines a little known decision of the Judicial Committee of the Privy Council: Grand Trunk Railway Company of Canada v Robinson (1915). The examination is historical and it provides a different insight into the understanding of privity of contract, a doctrine central to contract law. The examination reveals a process of trans-Atlantic legal migration in which English law was applied to resolve an Ontario case. The nature of the resolution is surprising because it appears to conflict with the better known decision of the House of Lords, Dunlop Pneumatic Tyre Company, Limited v Selfridge and Company, Limited, which a similarly constituted panel delivered in the same week. This article argues that there was a greater malleability in the resolution of cases concerned with privity than was thought to have existed. It is also argued that the power of Canadian railway capitalism is a significant factor in understanding the legal resolution of the case. Finally, it the article considers the use of English and American precedents relevant to the case. The application of English precedents to the case led to a resolution not entirely befitting Canadian conditions.