Dazed and Confused: Accidental Mixtures of Goods and the Theory of Acquisition of Title

This paper explores the law of accidental mixtures of goods. It traces the development of the English rules on mixture from the seminal nineteenth century case of Spence v Union Marine Insurance Co to the present day, and compares their responses to those given by the Roman law, which always has been claimed as an influence on our jurisprudence in this area. It is argued that the different answers given by English and Roman law to essentially the same problems of title result from the differing bases of these legal systems. Roman a priori theory is contrasted with the more practical reasoning of the common law, and while both sets of rules are judged to be coherent on their own terms, it is suggested that the difference between them is reflective of a more general philosophical disagreement about the proper functioning of a legal system, and the relative importance of theoretical and pragmatic considerations.

Reflecting on Habitus, Field and Capital: Towards a Culturally Sensitive Social Work

Summary: This article argues that the notion of the knowledge base as a central aspect of professional activity is flawed, and that it is more useful to see social work as in a continuous process of constructing and reconstructing professional knowledge. Findings: Culture is an area that has attracted widespread attention in academia and the social professions. However, there has been little examination of culturally sensitive social work practice from a realist perspective, or one that starts from the view that oppressive structures, as encoded within social class, are essential determinants of cultural experience. Following a critique of postmodern perspectives on culture, the work of Pierre Bourdieu on culture and power is explored. Applications: Three of Bourdieu's key constructs - habitus, field and capital - are utilized to develop a model for culturally sensitive social work practice that attends to the interplay of agency and structure in reproducing inequalities within the social world.