Comparative law Books
Oxford University Press The Anatomy of Corporate Law
Book SynopsisThis is the long-awaited third edition of this highly regarded comparative overview of corporate law. This edition has been comprehensively revised and updated to reflect the profound changes in corporate law and governance practices that have taken place since the previous edition. These include numerous regulatory changes following the financial crisis of 2007-09 and the changing landscape of governance, especially in the US, with the ever more central role of institutional investors as (active) owners of corporations. The geographic scope of the coverage has been broadened to include an important emerging economy, Brazil. In addition, the book now incorporates analysis of the burgeoning use of corporate law to protect the interests of external constituencies without any contractual relationship to a company, in an attempt to tackle broader social and economic problems. The authors start from the premise that corporations (or companies) in all jurisdictions share the same key legal attributes: legal personality, limited liability, delegated management, transferable shares, and investor ownership. Businesses using the corporate form give rise to three basic types of agency problems: those between managers and shareholders as a class; controlling shareholders and minority shareholders; and shareholders as a class and other corporate constituencies, such as corporate creditors and employees. After identifying the common set of legal strategies used to address these agency problems and discussing their interaction with enforcement institutions, The Anatomy of Corporate Law illustrates how a number of core jurisdictions around the world deploy such strategies. In so doing, the book highlights the many commonalities across jurisdictions and reflects on the reasons why they may differ on specific issues. The analysis covers the basic governance structure of the corporation, including the powers of the board of directors and the shareholder meeting, both when management and when a dominant shareholder is in control. It then analyses the role of corporate law in shaping labor relationships, protection of external stakeholders, relationships with creditors, related-party transactions, fundamental corporate actions such as mergers and charter amendments, takeovers, and the regulation of capital markets. The Anatomy of Corporate Law has established itself as the leading book in the field of comparative corporate law. Across the world, students and scholars at various stages in their careers, from undergraduate law students to well-established authorities in the field, routinely consult this book as a starting point for their inquiries.Table of Contents1: John Armour, Henry Hansmann, Reinier Kraakman, and Mariana Pargendler: What is Corporate Law? 2: John Armour, Henry Hansmann, and Reinier Kraakman: Agency Problems and Legal Strategies 3: John Armour, Luca Enriques, Henry Hansmann, and Reinier Kraakman: The Basic Governance Structure: The Interests of Shareholders as a Class 4: Luca Enriques, Henry Hansmann, Reinier Kraakman, and Mariana Pargendler: The Basic Governance Structure: Minority Shareholders and Non-Shareholder Constituencies 5: John Armour, Gerard Hertig, and Hideki Kanda: Transactions with Creditors 6: Luca Enriques, Gerard Hertig, Hideki Kanda, and Mariana Pargendler: Related-Party Transactions 7: Edward Rock, Paul Davies, Hideki Kanda, Reinier Kraakman, and Wolf-Georg Ringe: Fundamental Changes 8: Paul Davies, Klaus Hopt, and Wolf-Georg Ringe: Control Transactions 9: Luca Enriques, Gerard Hertig, Reinier Kraakman, and Edward Rock: Corporate Law and Securities Markets 10: John Armour, Luca Enriques, Mariana Pargendler, and Wolf-Georg Ringe: Beyond the Anatomy
£36.09
Princeton University Press The Code of Capital
Book SynopsisTrade Review"One of the Financial Times' Best Books of 2019: Economics""One of the Financial Times' Readers' Best Books of 2019""One of Business Insider's Richard Feloni's best books of 2019 on how we can rethink today's capitalism and improve the economy""A Project Syndicate Best Read in 2019"
£18.00
Edward Elgar Publishing Ltd Contract Law: A Comparative Introduction
Book SynopsisReflecting the most recent changes in the law, the third edition of this popular textbook provides a fully updated, comparative introduction to the law of contract. Accessible and clear, it is perfectly pitched for international students and courses with a global outlook. Jan Smits’ unique approach treats contract law as a discipline that can be studied on the basis of common principles and methods without being tied to a particular jurisdiction or legal culture. He puts contract law in context by discussing empirical and economic insights. Notable updates include the consequences of Brexit, the implementation of new European directives 1999/770 and 2019/771 as well as coverage of the effect of COVID-19 on contracts.Key features of the third edition include: Introduces key principles by comparing solutions from different jurisdictions, illustrating for students the international nature and substance of contract law Draws from a wide variety of sources including German, English, French and Dutch law, European and international instruments, and examples from Central and Eastern Europe and Islamic contract law, making this an ideal textbook for students across Europe and beyond Focuses on legal method as well as substantive law Attractive and accessible design with text boxes, colour and graphics to help students navigate easily and identify key information. With its innovative approach and engaging design, this textbook has proved an essential companion to introductory courses on contract law across a multitude of jurisdictions.Trade Review‘I found this book impressively clear and readable, not academic or abstract in its approach but tied at every point to examples in English and civil law.’ -- Daphne Perry, The Law SocietyAcclaim for previous editions:Table of ContentsContents: Preface to the third edition PART 1 CONTRACTS 1. Introduction 2. Sources of contract law PART 2 THE FORMATION OF A CONTRACT 3. Offer and acceptance 4. The intention to create legal relations 5. Legal capacity of the parties 6. Formalities PART 3 THE CONTENTS OF THE CONTRACT 7. The party agreement: Interpretation and gap filling 8. The principle of good faith and policing unfair contract terms PART 4 VITIATING FACTORS 9. Defects of consent and misrepresentation 10. Prohibited contracts PART 5 CONTRACTUAL REMEDIES 11. Performance 12. Damages for non-performance 13. Termination of the contract PART 6 CONTRACTS AND THIRD PARTIES 14. Contracts and third parties Index
£34.15
Bloomsbury Publishing PLC The Constitution of Italy: A Contextual Analysis
Book SynopsisThis book introduces the reader to the Italian Constitution, which entered into force on 1 January 1948, and examines whether it has successfully managed the political and legal challenges that have occurred since its inception, and fulfilled the three main functions of a Constitution: maintaining a community, protecting the fundamental rights of citizens and ensuring the separation of powers.Table of Contents1. The Making of the Italian Constitution and its Evolution I. Introduction II. The Albertine Statute III. The Fascist Regime, the Second World War and the Transition to the Republic (1922–1945) IV. The Constituent Assembly (1946–1948) V. The Rigidity of the Republican Constitution VI. Procedures for and Limits on Constitutional Amendments VII. The Most Important Constitutional Amendments VIII. The Evolution of the Italian Republican Constitution IX. Conclusion Further Reading 2. The Italian Constitution within the ‘Composite’ European Constitution I. Introduction II. Openness to the International Order and its Foundations III. The Constitutional Principles on International Law IV. The ‘European Journey’ of the Constitutional Court V. The ‘Counter-limits’ Doctrine VI. The European Convention of Human Rights in the Italian Legal System VII. Constitutional Rules and Practice of Implementing EU Law VIII. Conclusion Further Reading 3. Popular Sovereignty and Separation of Powers I. Introduction II. The Democratic Principle in the Italian Constitution: The Right to Vote and to be Elected III. Direct Democracy: The Abrogative Referendum and its Different Usages IV. Representative Democracy: The Electoral System and its Evolution V. Conclusion Further Reading 4. Parliament I. Introduction II. The Italian Parliament in the Constitution III. A Symmetrical Bicameralism IV. The Internal Organisation of the Chamber and the Senate V. Privileges and Immunities of MPs VI. Parliamentary Rules of Procedure VII. The Legislative Process 2 VIII. The Budgetary Process IX. The Oversight Function X. Conclusion Further Reading 5. The Government: Between Politics and Administration I. Introduction II. The Structure of the Government III. The Confidence Relationship with the Two Houses of Parliament IV. The Primary and Secondary Normative Powers of the Government V. The Distinction between Politics and Administration VI. The Constitutional Principles on Public Administration VII. The Auxiliary Bodies and the Independent Authorities VIII. Conclusion Further Reading 6. The President of the Republic I. Introduction II. Election, Term of Office and Substitution III. The Responsibility of the President of the Republic IV. The Counter-signature and the Classification of the Acts of the President of the Republic V. The Shaping of the Role of the President of the Republic Throughout the Constitutional Experience VI. Conclusion Further Reading 7. Regional and Local Government I. Introduction II. Origins and Evolution of the ‘Republic of Autonomies’ III. The Constitutional Framework and its Delayed Implementation IV. Special and Ordinary Regions V. The Direct Election of the Presidents of the Regions and Statutory Autonomy VI. The Distribution of Legislative Competences between the State and Regions VII. Administrative Autonomy and the Principles of Subsidiarity and Loyal Cooperation VIII. Financial Autonomy IX. Local Authorities X. Conclusion Further Reading 8. The Judiciary I. Introduction II. The Evolution of the Judicial Function III. The Separation of Powers and Judicial Independence IV. The Organisation of the Judiciary V. Judicial Responsibility VI. Conclusion Further Reading 9. The Constitutional Court I. Introduction II. Historical Background III. The European Model of Constitutional Adjudication IV. The Constitutional Court: Composition and Functions V. The Court’s Delayed Establishment and First Years of Activity: Reviewing Fascist Legislation VI. A Variety of Remedies VII. The Incidental Procedure and the Relationship with Ordinary Courts VIII. The Constitutional Court and European Courts IX. The Relational Character of Italian Constitutional Adjudication and Internal Collegiality X. Conclusion Further Reading 10. Protection of Rights I. Introduction II. The Evolution of Constitutionalism and the ‘Age of Rights’ III. Inviolable Rights IV. The Italian Approach to Fundamental Rights: Personalism, Pluralism and Solidarity V. Codified Rights and New Rights VI. Limiting Rights VII. Judicial and Non-judicial Safeguards VIII. Key Rights IX. Conclusion Further Reading
£30.39
Bloomsbury Publishing PLC Cases, Materials and Text on Property Law
Book SynopsisThis casebook presents a deep comparative analysis of property law systems in Europe (ie the law of immovables, movables and claims), offering signposts and stepping stones for the reader wishing to explore this fascinating area. The subject matter is explained with careful attention given to its history, foundations, thought-patterns, underlying principles and basic concepts. The casebook focuses on uncovering differences and similarities between Europe's major legal systems: French, German, Dutch and English law are examined, while Austrian and Belgian law are also touched upon. The book combines excerpts from primary source materials (case law and legislation) and from doctrine and soft law. In doing so it presents a faithful picture of the systems concerned. Separate chapters deal with the various types of property rights, their creation, transfer and destruction, with security rights (such as mortgages, pledges, retention of title) as well as with harmonising and unifying efforts at the EU and global level. Through the functional approach taken by the Ius Commune Casebooks this volume clearly demonstrates that traditional comparative insights no longer hold. The law of property used to be regarded as a product of historical developments and political ideology, which were considered to be almost set in stone and assumed to render any substantial form of harmonisation or approximation very unlikely. Even experienced comparative lawyers considered the divide between common law and civil law to be so deep that no common ground - so it was thought - could be found. However economic integration, in particular integration of financial markets and freedom of establishment, has led to the integration of particular areas of property law such as mortgage law and enforceable security instruments (eg retention of title). This pressure towards integration has led comparative lawyers to refocus their interest from contract, tort and unjustified enrichment to property law and delve beneath its surface. This book reveals that today property law systems are closer to one another than previously assumed, that common ground can be found and that differences can be analysed in a new light to enable comparison and further the development of property law in Europe.Table of ContentsPreface Introductory chapter Chapter 1. Common concepts and leading principles Chapter 2. Protection of property rights Chapter 3. Types of property rights: immovables and movables Chapter 4. Types of property rights: claims Chapter 5. Property rights as security interests Chapter 6. Management devices: trust, treuhand, fiducie Chapter 7. Creation Chapter 8. Transfer Chapter 9. Destruction Chapter 10. Uniform or harmonised property law Tables Contributors Bram Akkermans (Maastricht University, NL) Monika HINTEREGGER (University of Graz, AU) Caroline LEBON (University of Leuven, BE) John Michael MILO (University of Utrecht, NL) Vincent SAGAERT (University of Leuven, University of Antwerp, BE) William SWADLING (University of Oxford, UK) Sjef VAN ERP (Maastricht University, NL) Lars VAN VLIET (University of Maastricht, NL) Assisted by Ton ROSEBOOM (Maastricht University) Advisory committee Madeleine CANTIN CUMYN (McGill University, CA) Susan FRENCH (UCLA Law School, USA) Kenneth REID (Edinburgh University, UK)
£72.00
Bloomsbury Publishing PLC Cases, Materials and Text on Contract Law
This is the third edition of the widely acclaimed and successful casebook on contract in the Ius Commune series, developed to be used throughout Europe and beyond by anyone who teaches, learns or practises law with a comparative or European perspective. The book contains leading cases, legislation and other materials from English, French and German law as the main representatives of the legal traditions within Europe, as well as EU legislation and case law and extracts from the Principles of European Contract Law. Comparisons are also made to other international restatements such as the Vienna Sales Convention, the UNIDROIT Principles of International Commercial Contracts, the Draft Common Frame of Reference and so on. Materials are chosen and ordered so as to foster comparative study, complemented with annotations and comparative overviews prepared by a multinational team. The third edition includes many new developments at the EU level (including the ill-fated proposal for a Common European Sales Law and further developments linked to the digital single market) and in national laws, in particular the major reform of the French Code civil in 2016 and 2018, the UK’s Consumer Rights Act 2015 and new cases. The principal subjects covered in this book include: An overview of EU legislation and of soft law principles, and their interrelation with national law The distinctions between contract and property, tort and restitution Formation and pre-contractual liability Validity, including duties of disclosure Interpretation and contents; performance and non-performance Remedies Supervening events Third parties.
£71.24
Princeton University Press The Code of Capital
Book SynopsisTrade Review"One of the Financial Times' Best Books of 2019: Economics""One of the Financial Times' Readers' Best Books of 2019""One of Business Insider's Richard Feloni's best books of 2019 on how we can rethink today's capitalism and improve the economy""A Project Syndicate Best Read in 2019""The result is nothing less than a crisis theory of law. Law as it currently functions is, for Pistor, constitutive of the order that creates and perpetuates inequality, opacity, dysfunction, and crisis, and ultimately puts at risk the legitimacy of the rule of law as such."---Adam Tooze, New York Review of Books"Almost anybody who reads this book will benefit; a must-read for corporate lawyers, investment bankers, capital providers."---Rahul Saikia, Financial Times"Those of us concerned with inequality should be focusing a great deal of attention on the basics of valuation, which means looking hard at the way law makes money."---Roy Kreitner, LPEblog"The wealth drawn from both the digital darkness and the dark pools of Wall Street exists only by virtue of the law’s encasement. . . . [Pistor's] metaphors allow us to see how, by ceding democratic control of law, we’ve 'depoliticized critical questions of self-governance,' preserving mobility for some and blocking it for others."---Quinn Slobodian, Boston Review"So much discussion around wealth and inequality involves gawking at statistics people don’t understand. Katharina Pistor offers a fascinating argument as to why inequality is increasing, and does so without having to construct class identities, as Marxists feel compelled to do, or to make heroic assumptions about the rationality of human beings, as rational choice theorists would have it."---David Murphy, Open Letters Review"Through extensive case studies, Pistor demonstrates that no one deliberately set out to construct the ‘empire of law.’ Rather, it is the result of a decentralized, unplanned process in which individual private lawyers helped individual clients protect their assets through the use of pre-existing legal constructs."---Nouriel Roubini, Project Syndicate"The Code of Capital is a welcome interdisciplinary contribution which attaches fresh dimensions to debates on the political economy of wealth and inequality. . . .it is a valuable resource for anyone seeking to grapple with the formidable nature of global capital."---Juvaria Jafri, LSE US Centre"Pistor has exploded the belief of most people that financial instruments traded across the world are creatures of law of sovereign states and are secure . . . . [The Code of Capital is] a truly remarkable book bringing out clearly one of the major causes of periodic financial crisis."---Madras Sivaraman, International Journal of Environment Studies"In possibly one of the most important non-fiction books of the decade, Pistor shines a clear and sharp light on how legal codes – increasingly determined in private law offices in New York and London – shape the contours of economic activity, ownership, and control under contemporary global capitalism"---Jayati Ghosh, Project Syndicate"A thought-provoking read." * Business & Management *
£32.30
Edward Elgar Publishing Comparative Law
Book SynopsisThis book provides a practical introductory guide to comparative law. Fernanda G. Nicola and GÃnter Frankenberg present and examine conventional and critical approaches to legal comparison, exploring its ramifications in the field and political effects.
£25.60
Cambridge University Press Law Ethics and the Visual Arts
Book SynopsisIntroduces legal and ethical issues impacting artists, art collectors, dealers, and museums in today's international art markets. Highlights key international treaties and statutes, judicial decisions, and excerpts from scholarly and other publications to make legal and ethical issues in the world of the visual arts accessible and understandable.
£135.00
Edward Elgar Publishing Constitutional Traditions and Constitutional
Book Synopsis
£104.50
Oxford University Press Inc The Brussels Effect How the European Union Rules
Book SynopsisFor many observers, the European Union is mired in a deep crisis. Between sluggish growth; political turmoil following a decade of austerity politics; Brexit; and the rise of Asian influence, the EU is seen as a declining power on the world stage.Columbia Law professor Anu Bradford argues the opposite in her important new book The Brussels Effect: the EU remains an influential superpower that shapes the world in its image. By promulgating regulations that shape the international business environment, elevating standards worldwide, and leading to a notable Europeanization of many important aspects of global commerce, the EU has managed to shape policy in areas such as data privacy, consumer health and safety, environmental protection, antitrust, and online hate speech. And in contrast to how superpowers wield their global influence, the Brussels Effect - a phrase first coined by Bradford in 2012- absolves the EU from playing a direct role in imposing standards, as market forces alone are often sufficient as multinational companies voluntarily extend the EU rule to govern their global operations. The Brussels Effect shows how the EU has acquired such power, why multinational companies use EU standards as global standards, and why the EU''s role as the world''s regulator is likely to outlive its gradual economic decline, extending the EU''s influence long into the future.Trade ReviewThe present work is written in a very accessible way, despite the abstract and very technical seeming subject areas. * Bastian Matteo Scianna, Sehepunkte *Bradford makes her case with verve, and with a great eye for detail. * Jan Klabbers, European Journal of International Law *Listed as one of the Best Books of 2020 by Foreign AffairsThe author of this book, a scholar of extraordinary authority, overturns existing stereotypes and demonstrates how the European Union has become the only authority capable of dictating the rules that guide the behavior of world economic life. In the crisis of international cooperation, Brussels builds the rules that are progressively adopted by global markets. A Europe that exercises its authority not with muscles but with a refined blend of brains and experience. * Romano Prodi, formerly President of the European Commission and Prime Minister of Italy *This may well be the single most important book on Europe's influence to appear in a decade. * Andrew Moravcsik, Foreign Affairs *Anu Bradford, a professor at Columbia University, originally coined the term "Brussels effect" and has been studying it for several years. Her impressive book assembles evidence going back decades, tracing its development from the "Reach" chemicals regulation, developed in the early 2000s, to the digital age. ... What is incontrovertible is that the Brussels effect has dominated global economic regulation to an under-appreciated extent. This book will be the definitive reference guide for those wishing to understand. * Alan Beattie, Financial Times *Developing her earlier work and, in turn, Vogel's ground-breaking study of the "California Effect", Bradford argues brilliantly—without ignoring the external and internal challenges faced by the EU—the extent to which the "Brussels Effect" (i.e. the EU's unilateral power to regulate global markets) has operated in many foreign jurisdictions, including the US and China ... Bradford's tour de force is to combine a dense number of facts and information with a vivid analysis. * Julien Miéral, European Law Review *Anu Bradford's The Brussels Effect is essential reading for anyone interested in Europe's place in the world. Decried as a powerless entity, vainly committed to multilateralism, Bradford shows how the EU has,in fact, turned unilateral regulatory measures into a source of global economic clout. A timely and powerful antidote to prevailing euro-pessimism. * Adam Tooze, author of Crashed and Director of the European Institute, Columbia University *This book is both timely and important. I have frequently witnessed the Brussels Effect in many areas, including data privacy, trade, the digital economy and consumer and food safety, where the EU increasingly sets global standards. Professor Bradford describes in a detailed and engaging style why the EU is a global regulatory superpower that shapes the world in its own image. This book is of great relevance, not just for an academic audience but also for businesses and policy makers around the world. This book clearly explains the nature of the EU's often under-appreciated 'quiet influence. * Anthony Gardner, former US Ambassador to the European Union *Finally! A book that carefully and systematically documents the European Union's power in the world and challenges us to rethink how we define power in the process.The Brussels Effectis a tour de force; a study that will establish a new benchmark for scholars and serve as a major stumbling block for prophets of European decline. * Anne-Marie Slaughter, CEO, New America *InThe Brussels Effect, Anu Bradford has developed her brilliant and insightful theory of the European Union's global power into a fascinating and thorough account of the ways in which EU rules are transformed into global standards through market mechanisms. This book, like her earlier work, will be widely read and highly influential in policy as well as scholarly debates. * Gráinne de Búrca, Florence Ellinwood Allen Professor of Law, New York University *The Brussels Effectis an important book that challenges us to rethink the impact of the EU on the global economy. Bradford has made a creative and original contribution to the literature on business regulation. Her well-documented and clearly written study shows how and why the EU has become the world's most influential regulator, shaping both business practices and public policies well beyond its borders. * David Vogel, Solomon P. Lee Chair Distinguished Professor Emeritus of Business Ethics, University of California Berkley *InThe Brussels Effect, Anu Bradford offers a perceptive analysis of the influence the EU can and must have well beyond its borders. With global governance being challenged, the Brussels Effect is filling a desperately needed void. It gives us yet another reason why we cannot afford to have the European ambitions fail. * Paul Polman, Co-founder, IMAGINE and Chair, International Chamber of Commerce, Former CEO ofUnilever *Table of ContentsIntroduction: The Brussels Effect Preface to Part One: Theory Chapter 1. How the EU Became a Global Regulatory Power Chapter 2. The Brussels Effect Chapter 3. The Brussels Effect in Context Preface to Part Two: Case Studies Chapter 4. Market Competition Chapter 5. Digital Economy Chapter 6. Consumer Health and Safety Chapter 7. Environment Preface to Part Three: Assessment Chapter 8. Is the Brussels Effect Beneficial? Chapter 9. The Future of the Brussels Effect
£37.04
OUP India Citizenship in India
Book SynopsisThe idea of citizenship goes beyond a legal-formal framework to denote substantive membership in the political community. While citizenship is identified with an ideal condition of equality of status and belonging, it gets challenged in societies marked by inequalities. As an idea that inspires struggle, citizenship remains an institution that is unbounded, changing, and always incomplete. This short introduction lucidly describes the history of citizenship in India, before moving on to the pluralities and the contemporary landscapes of citizenship. It traces the amendments in the Citizenship Act, 1955 and argues that the legal enframing of the citizen involves a simultaneous production of its other-the non-citizen. This book looks at the multiple margins that constitute the sites of constant churnings, releasing powerful new idioms, imaginaries, and practices of citizenship.Table of ContentsAcknowledgements; Introduction: Landscapes of Citizenship; 1: Who is an Indian Citizen? The Citizenship Act of India; 2: 'We the People': Citizenship in the Indian Constitution; 3: Ambivalent Citizens; 4: Becoming Citizens; References; Index; About the Author
£11.75
Oxford University Press The Law of Obligations Roman Foundations of the
Book SynopsisThis book is widely regarded as one of the most remarkable achievements in Roman Law and Comparative Law scholarship this century - a fact attested to by the universal acclaim with which it has been received throughout Europe, America, and beyond. As a work of Roman Law scholarship it fuses the vast volume of 20th century scholarship on the Roman law of obligations into a clear and very readable (and in many ways original) account of the law. As a work of comparative law it traces the transformation of the Roman law of obligations over the centuries into what is now modern German, English and South African law, presenting the reader with a contrast between these legal systems which is unique both in its scope and its depth. As a whole the book is written with a deep understanding of human nature and of many social, economic, and other forces that determine the face of the law.Trade Review'This book', as James Gorley writes in the Americal Journal of Comparative Law 'is an account of the Roman roots of the modern law of contract, tort and unjust enrichment ... A principle goal is to show that the Roman legal tradition is a key to understanding modern law. For that reason, althought the book contains a magisterial treatment of the development of ancient Roman law, it does not, like the typical work on the subject, leave off with Justinian. It describes how Roman law was modified, beginning with the legal renaissance of the twelfth century, to form a ius commune, a law common to continental Europe. It shows how the Roman tradition shaped the national legal systems that emerged when the ius commune fragmented ... [and] describes how Roman law has influenced the English common law.' * American Journal of Comparative Law *'Reinhard Zimmermann's study of the Roman law of obligations has been justly praised, and it is now well known, not only for its intrinsic excellence, but also for the manner in which it has opened up a dialogue between lawyers of the Civilian and Common law traditions...The book is indeed the most extraordinary tour de force of erudition lucidly expounded. The publication of the paperback edition at a reasonable price is thus to be welcomed...stimulating and thought-provoking...Oxford University Press is to be congratulated in publishing a translation of one and a relatively inexpensive edition of the other. Both are important books.'
£139.50
Cambridge University Press Minority Shareholders Remedies
Book SynopsisThe state of English company law on minority shareholders' remedies is analysed in the light of the UK Law Commission, further appraised by the Company Law Review Steering Group. As well as considering the complexities of derivative actions and statutory minority remedies, this book discusses future directions for minority shareholders' remedies.Table of Contents1. The Rule in Foss v. Harbottle; 2. Shareholder actions by exception to the rule; 3. A new derivative action; 4. The statutory minority remedies; 5. Reforming the statutory remedies.
£34.99
JCB Mohr (Paul Siebeck) Legislators, Judges, and Professors
Book SynopsisAs lawyers we are normally interested in various substantive areas of law; and as comparative lawyers we are interested in finding out about the differences and similarities between national legal systems. But from time to time we should also reflect on how we think and operate, and look at basic questions of legal methodology - both for the sake of understanding better what we do as lawyers immersed in our own legal systems and as lawyers attempting to assess and comprehend how foreign legal systems work. The nine essays in this volume are devoted to the topics of law-making today (with a focus on Japan, Turkey and Russia), judicial decision-making today (with a focus on England and Wales, Switzerland and Argentina), and legal scholarship today (with a focus on the United States, France and South Africa); and they thus revolve around the three protagonists of legal development: legislators, judges and professors.
£66.88
Oxford University Press Inc Legal Pluralism Explained
Book SynopsisLegal pluralism involves the coexistence of multiple forms of law. This involves state law, international law, transnational law, customary law, religious law, indigenous law, and the law of distinct ethnic or cultural communities. Legal pluralism is a subject of discussion today in legal anthropology, legal sociology, legal history, postcolonial legal studies, women''s rights and human rights, comparative law, international law, transnational law, European Union law, jurisprudence, and law and development scholarship.A great deal of confusion and theoretical disagreement surrounds discussions of legal pluralismwhich this book aims to clarify and help resolve. Drawing on historical and contemporary studiesincluding the Medieval period, the Ottoman Empire, postcolonial societies, Native peoples, Jewish and Islamic law, Western state legal systems, transnational law, as well as othersit shows that the dominant image of the state with a unified legal system exercising a monopoly over law Trade Review...in this book, Tamanaha presents the first concise cartography of the various worlds of legal pluralism. For this alone, the book is worth reading for anyone interested, even remotely, in the idea of legal pluralism. Moreover, as Tamanaha wears his erudition lightly, the book need not be confined to a purely academic readership. It sets a very high standard for future works in the area from one of the leading figures in the field. * CORMAC MAC AMHLAIGH, University of Edinburgh, Journal of Law and Society *The book seeks to examine the reasons for, and sources of, legal pluralism, identify its consequences, uncover its conceptual and normative implications, and address current theoretical disputes. * Law and Social Inquiry *Table of ContentsIntroduction: Three Themes Chapter One: Legal Pluralism in Historical Context Chapter Two: Postcolonial Legal Pluralism Chapter Three: Legal Pluralism in the West Chapter Four: National to Transnational Legal Pluralism Chapter Five: Abstract Versus Folk Legal Pluralism Conclusion: Legal Pluralism Explained
£41.70
Oxford University Press An Introduction to Comparative Law
Book SynopsisThis third edition of the modern classic Zweigert & Kötz''s Introduction to Comparative Law is fully revised and updated, but its familiar structure and easy style remain the same. The book first discusses the nature of Comparative Law, its functions, aims, methods and history, and then it surveys the main features of the major legal families of the world. In the second part it provides a model of comparative law in action, comparing, contrasting and evaluating the different approaches and solutions of the major legal systems. As well as offering an excellent grounding in comparative private law, this book is an essential base for further research.Trade ReviewThis is an excellent guide to legal systems of the world, for both students and lawyers ... because of its rich content and its ability to shrink a rather large body of information into a succinct one-volume publication. * American Society of International Law Newsletter *The third edition of An Introduction to Comparative Law continue to enrich the perspectives of a new generation of readers./Susan Millns/International and Comparative Law Quaterly Vol.48 October 1999.This... standard classroom text for courses in Comparative Law in both common law and civil law countries... succinctly collates a vast array of information for presentation in a seminar course... an excellent guide to legal systems of the world, for both students and lawyers concerned with key differences and similarities, both because of its rich content and its ability to shrink a rather large body of information into a succinct one-volume publication. * American Society of International Law *Table of ContentsPART I; A. GENERAL CONSIDERATIONS; B. THE LEGAL FAMILIES OF THE WORLD; I. THE ROMANISTIC LEGAL FAMILY; BII. THE GERMANIC LEGAL FAMILY; III. THE ANGLO-AMERICAN LEGAL FAMILY; IV. THE NORDIC LEGAL FAMILY; V. LAW IN THE FAR EAST; VI. RELIGIOUS LEGAL SYSTEMS; PART II; A. CONTRACT; I. THE FORMATION OF CONTRACTS; II. THE PERFORMANCE OF CONTRACTS; B. UNJUSTIFIED ENRICHMENT; C. TORT
£66.49
Oxford University Press Press Freedom and Regulation in a Digital Era
Book SynopsisThe processes of convergence and digitalization have altered the technological conditions in which the press operates. More than that, they have altered the environment in which the press stakes its claim to freedom and strives to protect its turf from other media players. The advent of internet-based services and applications has blurred the technological boundaries between the press, broadcasting, and telecommunications, challenging their regulatory silos.Press Freedom and Regulation in a Digital Era: A Comparative Study assesses the extent to which the emergent regulatory model for online news media is shaped by analogies from the past, or rather by a newly prevalent culture of control. By interweaving two distinct strands of analysis - the concepts of press freedom and regulation, and the phenomena of convergence and digitalization - this book examines the key implications of digitalization and assesses the challenges for press freedom in the nascent digital news ecosystem. Drawing
£90.00
Taylor & Francis Ltd Construction Arbitration and Alternative Dispute
Book SynopsisThis book provides comprehensive, rigorous and up-to-date coverage of key issues that have emerged in the first quarter of the 21st Century in transnational construction arbitration and alternative dispute resolution (ADR). Covering four general themes, this book discusses: the increasing internationalisation of dispute resolution in construction law; the increasing reliance on technology in the management of construction projects and construction arbitration/ADR; the increasing prominence of collaborative contracting in construction and infrastructure projects; the increasing importance of contractual adjudication such as dispute boards in construction and infrastructure projects; the increasing prevalence of statutory adjudication mechanisms across the world; and the greater incidence of investment disputes and disputes against States and State entities over constructioTable of ContentsChapter 1: Introduction Renato Nazzini; Part I: The Internationalisation of Construction Dispute Resolution; Chapter 2: The Problem of the Law Governing the Arbitration Clause between National Rules and Transational Solutions Renato Nazzini; Chapter 3: The Singapore Convention on Mediation: Its Impact on International Construction Disputes Shouyu Chong; Part II: Artificial Intelligence: A Game Changer?; Chapter 4: The Relevance of Artificial Intelligence for Construction Disputes Erik Schäfer; Chapter 5: Administering AI in Arbitration Maud Piers and Christian Aschauer; Part III: Good Faith and Collaborative Dispute Resolution; Chapter 6: The Relevance of Good Faith in Transnational Construction Contracts: A Civil Law Perspective Olivier Caprasse and Maxime Tecmenne; Chapter 7: Searching for Convergence between the Common Law and Civil Law Traditions on Good Faith through International Arbitration David Arias and James Doe; Chapter 8: Collaborative Dispute Resolution Shy Jackson; Part IV: Contractual Adjudication: Dispute Boards in International Construction Disputes; Chapter 9: Dispute Boards: Trends, Observations, Developments and Procedures Nicholas Gould and Robbie McCrea; Chapter 10: Enforcement of DAB Decisions Under the FIDIC Forms of Contract Taner Dedezade; Chapter 11: Emergency Arbitration and the Interplay with other Pre-Arbitral Mechanisms Patricia Shaughnessy; Part V: Statutory Construction Adjudication: A Global Perspective; Chapter 12: Statutory Adjudication in the United Kingdom James Pickavance; Chapter 13: Statutory Adjudication in Canada Duncan W Glaholt; Chapter 14: Statutory Adjudication in Singapore Toh Chen Han; Chapter 15: Statutory Adjudication in Australia Sean Kelly, Julian Bailey and Matthew Bell; Part VI: Contracting with the State in the 21st Century; Chapter 16: Achmea: From the Judgment to the Plurilateral Agreement, towards the Disappearance of Intra-EU Bilateral Investment Protection Treaties Malik Laazouzi; Chapter 17: State immunity and its implications when resolving disputes with – and enforcing outcomes against – states Michael Cottrell
£31.34
Bloomsbury Publishing PLC Why the Russian Constitution Matters
Book SynopsisThis book challenges the common view that the Russian Constitution is a sham or a reflection of Russia's authoritarian past.It instead shows that the Russian Constitution was a product of the constitutional dark arts', an increasingly common constitutional practice that seeks to guarantee liberal democracy and individual rights in a system of highly centralised power. Over time in Russia, the centralisation of power in the president has undermined the constitution's democratic and rights protections. This Russian experience matters for three reasons. First, it shows that Russian authoritarianism is neither the personal creation of Vladimir Putin nor a natural reflection of Russian history. It is instead the product of a centralised constitutional system. A democratic Russia is possible but requires more than just Putin leaving office - it also requires breaking with Russia's constitutional commitment to centralisation. Second, it demonstr
£20.89
Holo Books The Arbitration Press More Disputes and Differences: Essays on the
Book SynopsisMore Disputes and Differences: Essays on the History of Arbitration and its Continuing Relevance, is the last volume worked on by Derek Roebuck, though not quite completed before his death in 2020. It has, therefore, been prepared for publication by his widow, and sometimes co-author, women's historian Susanna Hoe. It comprises articles, lectures and chapters dating from his 2010 volume Disputes and Differences: Comparisons in Law, Language and History. But, whereas the chapters of that earlier, thematic work were quite disparate, this book, particularly in part 1, 'The Past', encompasses the history of arbitration and mediation from prehistory to the early nineteenth century. What makes this volume particularly interesting is that it is possible, as chapter follows chapter, to deduce which of Derek Roebuck's multi-volume histories he was working on at the time, and what other works he was reading or hearing then. This is illustrated by the last essay in Part 1 - 'A Pinch of Reality: Private Dispute Resolution in 18th Century England (2019)'. Part 2 - 'Past, Present and Future' (2013) - starts with 'The Future of Arbitration' (2013) which embodies just that, ending with 'Keeping an Eye on Fundamentals' (2012). Part 3 - 'Language, Research and Comparison', features works that bow to the author's particular interests and their connection to arbitration and its history. And he had a rule that, where possible, he would suggest what research still needed to be done, hence 'ADR in Business: Topics for Research' (2012). The final chapter - 'Return to that Other Country: Legal History and Comparative Law' (2019) - one of the last pieces written, says it all.
£34.00
OUP India Balanced Constitutionalism Courts and
Book Synopsis
£16.19
Oxford University Press Inc The Transformation of Human Rights FactFinding
Book SynopsisFact-finding is at the heart of human rights advocacy, and is often at the center of international controversies about alleged government abuses. In recent years, human rights fact-finding has greatly proliferated and become more sophisticated and complex, while also being subjected to stronger scrutiny from governments. Nevertheless, despite the prominence of fact-finding, it remains strikingly under-studied and under-theorized. Too little has been done to bring forth the assumptions, methodologies, and techniques of this rapidly developing field, or to open human rights fact-finding to critical and constructive scrutiny. The Transformation of Human Rights Fact-Finding offers a multidisciplinary approach to the study of fact-finding with rigorous and critical analysis of the field of practice, while providing a range of accounts of what actually happens. It deepens the study and practice of human rights investigations, and fosters fact-finding as a discretely studied topic, while mappTrade ReviewThe Transformation of Human Rights Fact-Finding is an invaluable and versatile publication for academics and practitioners. It has the potential to influence lawmakers and practitioners by providing accessible insights into the future of human rights fact-finding. The book constitutes a solid syllabus for postgraduate courses in human rights monitoring. Finally, it establishes the foundations for further academic research by clearly identifying the moving frontiers of knowledge in human rights fact-finding and connecting them to the needs of professionals on the ground. * Piergiuseppe Parisi, Journal of International Criminal Justice *Table of ContentsI. Introduction ; 1. Philip Alston and Sarah Knuckey, The Transformation of Human Rights Fact-Finding: Challenges and Opportunities ; II. Critical Perspectives on Human Rights Fact-Finding ; 2. Frederic Megret, Do Facts Exist, Can they Be 'Found', and Does it Matter? ; 3. Obiora Okafor, International Human Rights Fact-Finding Praxis: A TWAIL Perspective ; 4. Dustin N. Sharp, Human Rights Fact-Finding and the Reproduction of Hierarchies ; 5. Fionnuala Ni Aolain,The Gender Politics of Fact-Finding in the Context of the Women, Peace and Security Agenda ; 6. Daniel Bonilla, Legal Clinics in the Global North and South: Between Equality and Subordination ; III. Victims and Witnesses: Empowerment or Extraction? ; 7. Theo Boutruche, The Relationship between Fact-Finders and Witnesses in Human Rights Fact-Finding: What Place for the Victims? ; 8. Shreya Atrey, The Danger of a Single Story: Introducing Intersectionality in Fact-Finding ; 9. Rosette Muzigo-Morrison, Victims and Witnesses in Fact-Finding Commissions: Pawns or Principal Pieces? ; 10. Daniel Rothenberg, The Complex Truth of Testimony: A Case Study of Human Rights Fact-Finding in Iraq ; 11. Laura Marschner, Implications of Trauma on Testimonial Evidence in International Criminal Trials ; IV. Fact-Finding for Advocacy, Enforcement, and Litigation: Purposes and Cross Purposes ; 12. Larissa van den Herik and Catherine Harwood, Commissions of Inquiry and the Charm of International Criminal Law: Between Transactional and Authoritative Approaches ; 13. Carsten Stahn and Dov Jacobs, The Interaction between Human Rights Fact-Finding and International Criminal Proceedings: Towards a (New) Typology ; 14. Pablo de Greiff, Truth without Facts: On the Erosion of the Fact-Finding Function of Truth Commissions ; 15. Taylor Pendergrass, Human Rights Fact-Finding in the Shadows of America's Solitary Confinement Prisons ; V. The Role of Interdisciplinary Expertise and Methodologies ; 16. Margaret L. Satterthwaite and Justin C. Simeone, A Conceptual Roadmap for Social Science Methods in Human Rights Fact-Finding ; 17. Brian Root, Numbers are Only Human: Lessons for Human Rights Practitioners from the Quantitative Literacy Movement ; 18. Allison Corkery, Investigating Economic, Social, and Cultural Rights Violations ; VI. New Technologies: Crowdsourcing, Social Media, and Big Data ; 19. Molly K. Land, Democratizing Human Rights Fact-Finding ; 20. Patrick Ball, The Bigness of Big Data: Samples, Models, and the Facts We Might Find When Looking at Data ; 21. Jay D. Aronson, Mobile Phones, Social Media, and Big Data in Human Rights Fact-Finding: Possibilities, Challenges, and Limitations ; 22. Susan R. Wolfinbarger, Remote sensing as a Tool for Human Rights Fact-Finding ; 23. Patrick Meier, Big (Crisis) Data: Humanitarian Fact-Finding with Advanced Computing ; VII. Does Human Rights Fact-Finding Need International Guidelines? ; 24. Diane Orentlicher, International Norms in Human Rights Fact-Finding ; 25. Rob Grace and Claude Bruderlein, Developing Norms of Professional Practice in the Domain of Monitoring, Reporting, and Fact-Finding ; Index
£149.24
Oxford University Press, USA Comparitive Constitutional Law A Study of the Principles of Constitutional Law
Book SynopsisThis book also covers the course requirements for students of constitutional law studying for the degree of LLM being offered by the universities in Pakistan.
£40.83
Oxford University Press Responsive Judicial Review Democracy and
Book SynopsisDemocratic dysfunction can arise in both ''at risk'' and well-functioning constitutional systems. It can threaten a system''s responsiveness to both minority rights claims and majoritarian constitutional understandings. Responsive Judicial Review aims to counter this dysfunction using examples from both the global north and global south, including leading constitutional courts in the US, UK, Canada, India, South Africa, and Colombia, as well as select aspects of the constitutional jurisprudence of courts in Australia, Fiji, Hong Kong, and Korea.In this book, Dixon argues that courts should adopt a sufficiently ''dialogic'' approach to countering relevant democratic blockages and look for ways to increase the actual and perceived legitimacy of their decisionsthrough careful choices about their framing, and the timing and selection of cases. By orienting judicial choices about constitutional construction toward promoting democratic responsiveness, or toward countering forms of democratic monopoly, blind spots, and burdens of inertia, judicial review helps safeguard a constitutional system''s responsiveness to democratic majority understandings. The idea of ''responsive'' judicial review encourages courts to engage with their own distinct institutional position, and potential limits on their own capacity and legitimacy. Dixon further explores the ways that this translates into the embracing of a ''weakened'' approach to judicial finality, compared to the traditional US-model of judicial supremacy, as well as a nuanced approach to the making of judicial implications, a ''calibrated'' approach to judicial scrutiny or judgments about proportionality, and an embrace of ''weak strong'' rather than wholly weak or strong judicial remedies. Not all courts will be equally well-placed to engage in review of this kind, or successful at doing so. For responsive judicial review to succeed, it must be sensitive to context-specific limitations of this kind. Nevertheless, the idea of responsive judicial review is explicitly normative and aspirational: it aims to provide a blueprint for how courts should think about the practice of judicial review as they strive to promote and protect democratic constitutional values.Trade ReviewIn this masterful work, Rosalind Dixon returns judicial representation-reinforcement to center stage in our understanding of judicial review. Her theory of how judicial intervention can counteract democratic dysfunction is rooted in rich examples and a breadth and depth of comparative expertise that reflects her position as a leading scholar in the field. What makes this book of exceptional importance is its close attention to the opportunities and challenges in operationalizing responsive judicial review; Dixon speaks directly to judges in outlining how constitutional courts might function as democracy-protecting and democracy-promoting. In presenting a theory of judicial review alongside guidance for its implementation, Dixon reanimates our aspirations for courts as valued participants in achieving a society committed to democratic responsiveness. * Erin F. Delaney, Professor of Law, Northwestern University Pritzker School of Law *Comprehensive in its sweep, systematic in its analysis, and yet distinctive in its focus, Rosalind Dixon's insightful book is a major contribution to the growing comparative literature on political process approaches to constitutional review. * Stephen Gardbaum, Stephen Yeazell Endowed Chair in Law, UCLA *Professor Dixon has written a landmark book on the theory of judicial review. Using excellent examples drawn from around the world, she shows how courts should modulate their decision-making in response to legal, social, and political context. Her book will become the go-to resource for the field, on which all future work will build. * David Landau, Mason Ladd Professor and Associate Dean for International Programs, Florida State University College of Law *Table of Contents1: Introduction 2: Constitutions and Constructional Choice 3: Defining Democracy and Democratic Dysfunction 4: The Scope and Intensity of Responsive Judicial Review 5: Democratic Dysfunction and the Effectiveness of Responsive Review 6: Risks to Democracy: Reverse Inertia, Democratic Backlash, and Debilitation 7: Toward Strong-Weak DS Weak-Strong Judicial Review and Remedies 8: A Responsive Judicial Voice: Building a Court's Legitimacy 9: Conclusion: Towards a New Comparative Political Process Theory
£97.00
Oxford University Press Exponential Inequalities Equality Law in Times of
Book SynopsisThis thoughtfully edited volume explores the operation of equality and discrimination law in times of crisis. It aims to understand how existing inequalities are exacerbated in crises and whether equality law has the tools to understand and address this contingency. Experience during the COVID-19 crisis shows that the pandemic has acted as a catalyst for ''exponential inequalities'' related to racism, xenophobia, sexism, homophobia, transphobia, ageism, and ableism. Yet, the field of equality law (which is meant to be addressing such discrimination or inequality) has had little immediate relevance in mitigating these exponential inequalities. This is despite the fact that countries like the UK have a rather recent and state-of-the-art legislation in the field, namely the Equality Act 2010. Exponential Inequalities offers readers an understanding of how these inequalities came to be and how crises such as the global pandemic, the climate emergency, or the economic downturn, can exacerbate an already untenable situation. It illuminates both the structural and the conceptual, as well as the practical and doctrinal difficulties currently experienced in equality law, and discusses whether or not equality law even has the tools to both understand and then address this contingency. Written by a team of internationally recognized experts, Exponential Inequalities provides a comparative perspective on the functioning of equality laws across a range of contexts and jurisdictions and represents an essential read for scholars and policy makers alike.Trade ReviewIt is an informative and meaningful read for students, scholars and policy makers who are seeking to address inequalities. * Shaid Parveen, Associate Dean for Enterprise and External Engagement and Senior Teaching Fellow, Aston University. *Table of ContentsDavid B. Oppenheimer: Foreword 1: Shreya Atrey and Sandra Fredman: Introduction - Exponential Inequalities: What Can Equality Law Do? I. UNDERSTANDING EXPONENTIAL INEQUALITIES 2: Aleta Sprague, Amy Raub, and Jody Heymann: Protecting Workers' Equal Rights During Crisis and Recovery: Constitutional Approaches in 193 Countries 3: Diane Elson and Marion Sharples: Addressing Intersecting Inequalities Through Alternative Economic Strategies 4: Aaron Reeves, Kate Andersen, Mary Reader, and Rosalie Warnock: Social Security, Exponential Inequalities, and COVID-19: How Welfare Reform in the UK Left Larger Families Exposed to the Scarring Effects of the Pandemic 5: Meghan Campbell: The Proportionality of an Economic Crisis 6: Kelley Loper: Intersecting Crises and Exponential Inequalities: The View from Hong Kong II. ADDRESSING EXPONENTIAL INEQUALITIES Section A: Comparative and International Law 7: Colm O'Cinneide: New Directions Needed: Exponential Inequalities and the Limits of Equality Law 8: Mark Bell: More than an Afterthought? Equality Law in Ireland During the Pandemic 9: Jessica A Clarke: A Public Policy Approach to Inequality 10: Beth Gaze: Responding to Exponential Inequalities in Australia: Beyond the Limits of Equality and Discrimination Law 11: Helena Alviar García: The Interaction of Laws Enabling Gender Equality with Other Legal Regimes: Limiting Progress in Times of Crisis 12: Catherine O'Regan: Equal Access to Vaccines: Exposing the Limits of International Human Rights Law? Section B: Vulnerable Groups 13: Alysia Blackham: A Life Course Approach to Addressing Exponential Inequalities: Age, Gender, and COVID-19 14: Anna Lawson and Lisa Waddington: Disability in Times of Emergency: Exponential Inequality and the Role of Reasonable Accommodation Duties 15: Jule Mulder: Remote Working, Working from Home and EU Sex-Discrimination Law 16: Marta Machado and Taís Penteado: COVID-19 and Exponential Reproductive Rights-related Inequalities in Brazil 17: Aparna Chandra: A Life of Contradictions: Group Inequality and Socio-Economic Rights in the Indian Constitution 18: Victoria Miyandazi: An Equality-Sensitive Approach to Delivering Socio-Economic Rights During Crises: A Focus on Kenya 19: Catherine Albertyn: The Role of Equality Law in Expanding Access to Social Goods and Services in South Africa: Lessons after the Pandemic
£125.00
Oxford University Press Comparative Law
Book SynopsisVery Short Introductions: Brilliant, Sharp, Inspiring Comparative Law: A Very Short Introduction aims to offer a concise introduction to Comparative Lawits objectives, methods, concepts and uses. After an overview of the fundamental definitions, key concepts and basic lexicon of the discipline, the book proposes an analysis of the most successful techniques adopted in legal comparison for mapping the world''s legal systems and for explaining legal change and diffusion of law, also giving a concise description of the legal traditions of the world. It also offers an account of the competing approaches adopted over time in comparative endeavours, from functionalism to culturalism and postmodernism, and highlights the different emphasis placed by each of these approaches on commonalities, faith in universal law and convergence, or on divergence and irreducible differences. Finally, the book provides readers with an understanding of the practical use of comparative law, describing how legal comparison is employed both in law-making and in adjudication, supplementing legal reasoning and interpretation.ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.Table of Contents1: What is comparative law? 2: Classifying legal systems 3: Legal traditions 4: Methods and approaches 5: Sameness and difference 6: What for? The uses of comparative law Bibliography
£9.49
Oxford University Press Responsive Regulation
This book transcends current debate on government regulation by lucidly outlining how regulations can be a fruitful combination of persuasion and sanctions. The regulation of business by the United States government is often ineffective despite being more adversarial in tone than in other nations. The authors draw on both empirical studies of regulation from around the world and modern game theory to illustrate innovative solutions to this problem. Their ideas include an argument for the empowerment of private and public interest groups in the regulatory process and a provocative discussion of how the government can support and encourage industry self-regulation.
£40.37
Oxford University Press, USA Global Perspectives on Constitutional Law
Book SynopsisAn ideal supplement for professors who wish to incorporate comparative law into their constitutional law courses, Global Perspectives on Constitutional Law introduces students to the various ways that nations other than the United States resolve contemporary constitutional questions. Covering both structural issues and individual rights, the book offers a wide but select range of readings on interesting constitutional issues in sixteen accessible chapters. Each brief chapter presents foreign case materials on a particular constitutional topic along with notes and questions that further illuminate the comparisons between U.S. constitutional law and that of other nations. Featuring selections by expert contributors from a variety of ideological and demographic backgrounds, the volume is designed to encourage students to reexamine and deepen their understanding of U.S. constitutional law in light of the alternatives offered by other systems. The text also features: BLModular design of chapters, allowing instructors to pick and choose which topics they use for comparative studyBLBrief chapters that can be easily integrated into relevant class discussionsBLChapters authored by top constitutional law scholars who frame the cases with introductory and concluding commentsBLCoverage of a broad range of contemporary constitutional issues including property rights, abortion rights, regulation of hate speech, regulation of campaign finance, and religious freedomTable of ContentsAbstract and Concrete Review (Michael C. Dorf) ; Judicial Independence (Judith Resnik) ; Federal Powers and the Principle of Subsidiary (Daniel Halberstam) ; Separation of Powers and Parliamentarian Government (Laurence P. Claus) ; Property Rights (Gregory S. Alexander) ; Abortion Rights (Radhika Rao) ; Review of Laws Having Racially Disparate Impacts (Adrien Katherine Wing) ; Affirmative Action and Benign Discrimination (Ashutosh Bhagwat) ; Discrimination on the Basis of Sexual Orientation (Nan D. Hunter) ; Review of Laws Having a Disparate Impact Based on Gender (Vicki C. Jackson) ; Free Speech and the Incitement of Violence or Unlawful Behavior: Statutes Directed at Speech (Stephen G. Gey) ; Free Speech and the Incitement of Violence or Unlawful Behavior: Statutes Not Specifically Directed at Speech (Stephen G. Gey) ; Regulation of Hate Speech (Michel Rosenfeld) ; Regulation of Campaign Finance (Richard L. Hasen) ; Religious Freedom (Alan E. Brownstein) ; State Action Doctrine (Frank I. Michelman)
£80.10
Oxford University Press Canon Law
Book SynopsisCanon Law: A Comparative Study with Anglo-American Legal Theory, by the Reverend John J. Coughlin, explores the canon law of the Roman Catholic Church from a comparative perspective. The Introduction to the book presents historical examples of antinomian and legalistic approaches to canon law (antinomianism diminishes or denies the importance of canon law, while legalism overestimates the function of canon law in the life of the Catholic Church). The Introduction discusses these approaches as threats to the rule of law in the Church, and describes the concept of the rule of law in the thought of various Anglo-American legal theorists. Chapter One offers an overview of canon law as the home system in this comparative study. The remaining chapters consider antinomian and legalistic approaches to the rule of law in light of three specific issues: the sexual abuse crisis, ownership of church property, and the denial of Holy Communion to Catholic public officials. Chapters Two and Three disTrade ReviewThis is a pioneering book, accomplished in itself and potentially a stimulus for future jurisprudential trends in a comparative context. * Robert Ombres, Oxford Journal of Law and Religion *[This book is] a timely and an excellent consideration on these themes and should be required reading for all jurists. * James Campbell, The Heythrop Journal *Table of ContentsTABLE OF CONTENTS PREFACE AND ACKNOWLEDGEMENTS ABBREVIATIONS INTRODUCTION CHAPTER ONE: AN OVERVIEW OF CANON LAW CHAPTER TWO: CANON LAW AND THE SEXUAL ABUSE CRISIS: Antinomianism, Legalism, and the Failure of the Rule of Law CHAPTER THREE: CANON LAW AND THE SEX ABUSE CRISIS CONTINUED: The Consequences of the Failure of the Rule of Law CHAPTER FOUR: CHURCH PROPERTY: A Comparison of the Theories of Property in Canon Law and Liberal Theory CHAPTER FIVE: CHURCH PROPERTY CONTINUED: The Diocese and Parish; Canon Law and State Law CHAPTER SIX: INDETERMINANCY IN CANON LAW: The Refusal of Holy Communion to Catholic Public Officials: Canon 915: "A Central Case" CHAPTER SEVEN: THE INDETERMINACY CLAIM CONTINUED: Canon 915: "A Doubtful or Hard Case"? CONCLUSION BIBLIOGRAPHY INDEX
£89.25
Oxford University Press The United Kingdoms Statutory Bill of Rights
Book SynopsisBy providing enforceable remedies for breaches of Convention Rights in domestic courts, and in allowing judges to scrutinise parliamentary legislation on human rights grounds, the United Kingdom''s Human Rights Act 1998 marked a sea-change in the relationships between the individual and the state, and between the courts and the political branches of government, as they had been traditionally understood. Despite the undeniable practical importance of the Human Rights Act, widespread political and popular scepticism over the nature of rights adjudication and the relationship between human rights laws and-for instance-measures designed to combat terrorism and crime, has prevented the Human Rights Act from being seen as an established and essential part of our constitutional structures. This uncertainty has not however prevented the Human Rights Act from exerting significant constitutional influence within the United Kingdom, within the framework provided by the European Convention and EurTrade ReviewAs indicated in the introduction, The United Kingdomâs Statutory Bill of Rights: Constitutional and Comparative Perspectives 'make[s] a significant contribution to assessing the lasting impact of the United Kingdomâs human rights project, and towards shaping the nature of the debates yet to come'. * Kasey L. McCall-Smith, Human Rights Law Review *Table of ContentsPART I-THE HUMAN RIGHTS ACT IN CONSTITUTIONAL PERSPECTIVE; PART II-DOMESTIC PROTECTIONS WITHIN A EUROPEAN FRAMEWORK; PART III-A PERMANENT REVOLUTION IN LEGAL REASONING?; PART IV-THE HUMAN RIGHTS ACT ON THE INTERNATIONAL PLANE; PART V-AMENDMENT, REPEAL OR A BILL OF RIGHTS FOR THE UK?
£71.25
Oxford University Press Inc The Oxford Handbook of Transnational Law
Book SynopsisThe Oxford Handbook of Transnational Law offers a comprehensive compendium for the field of Transnational Law by providing a unique and unparalleled treatment and presentation in an area that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, as well as practice today. With a considerable contribution from and engagement with social sciences, the Handbook features numerous reflections on therelationship between transnational law and legal practice.Trade ReviewTo map this bewildering and evolving legal terrain, we have long needed a thoughtful field guide. This Oxford Handbook provides it, richly and comprehensively detailing the foundations, fields, controversies, and methodologies that populate the myriad overlapping realms of transnational law and drive its vital, ongoing dialogues with legal practice, legal theory, and legal education. * Harold Hongju Koh, Sterling Professor of International Law and former Dean, Yale Law School, Legal Adviser (2009-13) and Assistant Secretary of State for Democracy, Human Rights and Labor (1998-2001), U.S. Department of State *Handbooks abound these days, but this is an especially valuable instance of the genre - a book that speaks lucidly and powerfully to our time. Amid so much talk of division and isolation, it reveals the inextricable entanglement of the histories of the Global North and Global South ... For those engaged in research and teaching in all areas of law, politics, social sciences and education, this book offers a welcome fillip - a pick-me-up for every bookshelf and syllabus to which readers are sure to find themselves returning, again and again. * Fleur Johns, Professor & Australian Research Council Future Fellow, Faculty of Law & Justice, UNSW Sydney *The Handbook will be a welcome and vital resource for anyone wishing to better understand the study of transnational law as well as the transnational study of law. It will serve as both a reservoir of existing knowledge and as an inspiration to the further development of this ever-changing field. * Christiana Ochoa, Professor of Law and Class of 1950 Herman B Wells Endowed Professor; Academic Director, Indiana University Mexico Gateway *Peer Zumbansen has pulled together a remarkably rich collection from an impressive group of scholars with an extraordinary breadth of perspective. I have no doubt that the Handbook's comprehensive treatment—the first of its kind and unparalleled in its ambition—will further define and shape this field, nudging the study of the transnationalization of legal doctrine and legal theory into the mainstream. * Austen Parrish, Dean and James H. Rudy Professor, Indiana University Bloomington *Illustrating the diversity of the subject, the authors effectively render the many nuances in the areas covered accessible to a wide readership. It is truly an amazing effort. * M Sornarajah, Emeritus Professor of Law, Faculty of Law, National University of Singapore *The Oxford Handbook of Transnational Law, edited by Peer Zumbansen, provides by far the most complete overlook on Transnational Law ever produced to this date. It covers an extensive variety of legal fields, within a solid theoretical framework and a welcomed insight into methodological issues. Make no mistake, this book is not designed only for those interested in international affairs or global transactions. It is a must read for everyone. * Benoît Frydman, Professor of Law, Université Libre de Bruxelles (ULB); President em., Perelman Centre for Legal Philosophy *Informed by an impressive wealth of knowledge and a wide range of perspectives and experiences, the contributors presented here have created a highly original and comprehensive compendium that encompasses the forms and functions, traditions and practices of transnational law. * Günter Frankenberg, Senior Professor, Goethe University, Frankfurt *This Handbook makes the case that transnational law should be understood as a project, as practice. In doing so, it demonstrates the relevance of transnational approaches to many legal sub-disciplines, and indeed to the understanding of law itself. * Simon Chesterman, Dean, National University of Singapore Faculty of Law *The Oxford Handbook of Transnational Law is a welcome, timely and notable contribution to an exciting and evolving field of law. The academic pedigree of the editor and contributors to the Handbook is most impressive: this is a talented and thoughtful collection of scholars who are respected leaders in the field. * Penelope Andrews, Professor of Law and Co-Director, Racial Justice Project, New York Law School; President, Law and Society Association *The 21st Century has witnessed the resurgence and refinement of ideas about "transnational law" as a family of approaches to the intertwined relations of domestic and international, local and global, public and private, state and non-state, and soft and hard law. Peer Zumbansen has been at the very forefront of this new scholarship for going on two decades, so it is only fitting that he has pulled together this ambitious new Oxford Handbook. It will be, from day one, an influential reference point of first recourse. * Craig Scott, Professor of Law, Osgoode Hall Law School *Table of ContentsPreface Acknowledgements I. Foundations 1. Transnational Law: Theories & Applications Peer Zumbansen 2. Normative and Legal Pluralism: A Global Perspective William Twining 3. Transnational Law and Economic Sociology Sabine Frerichs 4. Out of Sight: Transnational Legal Cultures Helge Dedek 5. The Post-Modern Normative Anxiety of Transnational Legal Studies Giulia Leonelli II. Fields 6. Transnational Constitutionalism Christopher Thornhill 7. Transnational Administrative Law Karl-Heinz Ladeur 8. Transnational Criminal Law Prabha Kotiswaran & Nicola Palmer 9. Transnational Health Law Aziza Ahmed 10. Recognizing Transnational Refugee Law Satvinder Juss 11. Transnational Climate Law Natasha Affolder 12. Transnational Food Law Matthew Canfield 13. International Investment Law as Transnational Law Nicolás Perrone 14. Transnational Antitrust Law Hannah L. Buxbaum 15. Transnational Mining Law Sara Seck 16. The Standardization of Oil and Gas Law: Transnational Layers of Governance Djakhongir Saidov 17. Law & Development Amanda Perry-Kessaris 18. Transnational Space Law Kevin Madders 19. Transnational Internet Law Chris Marsden 20. Transnational Commercial Law Shahla Ali 21. Transnational Arbitration Law Florian Grisel 22. Transnational Law and Conflict of Laws: A Japanese Perspective Dai Yokomizo 23. Transnational Sports Law Antoine Duval 24. Transnational Contract Law Klaas Hendrik Eller 25. Transnational Property Law Priya S. Gupta 26. Transnational Tort Law Cees van Dam 27. Transnational Family Law Claire Fenton-Glynn 28. Architects, Landscapers and Gardeners in the Transnational Futures of International Labour Law Adelle Blackett 29. Transnational Corporate Governance Dionysia Katelouzou & Peer Zumbansen 30. Transnational Art Law - Maps and Itineraries Vik Kanwar & Jaya Neupaney III. Legitimacy and Politics of Transnational Regulatory Governance 31. Transnational Migration Law: Authority, Contestation, Decolonization Sara Dehm 32. Contextualization as a (Feminist) Method for Transnational Legal Practice Farnush Ghadery 33. Queering the Transnational: Law and Sexuality Dipika Jain 34. The Social Question in a Transnational Context Alexander Somek 35. The Problem of the Enterprise and the Enterprise of Law: Multinational Enterprises as Polycentric Transnational Regulatory Space Larry Catá Backer 36. Reclaiming Sovereignty: Resistance to Transnational Authority and the Investor-State Regime A. Claire Cutler 37. Transnational Sustainability Governance and the Law Phillip Paiement 38. Terrorism and Transnational Law: Rules of Law Under Conditions of Globalization Cian C. Murphy 39. Democracy and Human Rights Adjudication in the Inter-American Legal Space Rene Urueña 40. The Global Governance Implications of Private International Law Horatia Muir Watt 41. Stakes of the Right to Food in the Politics of Transnational Law Naoyuki Okano 42. Climate Change Governance, International Relations and Politics: A Transnational Law Perspective Stephen Minas 43. Global Social Indicators and their Legitimacy in Transnational Law Mathias Siems & David Nelken IV. Methodologies: Challenges and Approaches 44. Transnational Law and Legal Positivism Michael Giudice & Eric Scarffe 45. With, Within, and Beyond the State: The Promise and Limits of Transnational Legal Ordering Gregory Shaffer & Terence Halliday 46. Transnational Law and Feminist Legal Theory Ratna Kapur 47 Transnational Law and the Ethnography of Corporate Social Responsibility Laura Knöpfel 48. Transnational Law and Literatures: A Postcolonial Perspective Amanda Lagji 49. Representing Transnational Law: Drone Warfare and Transnational Legal Text Jothie Rajah V. The Transnational Legal Profession and Legal Education 50. Beyond Borders and Across Legal Traditions: The Transnationalization of Latin American Lawyers Manuel A. Gómez 51. 'Africa Needs Many Lawyers Trained for the Need of their Peoples' Struggles over Legal Education in Kwame Nkrumah's Ghana John Harrington & Ambreena Manji 52. Transnational Legal Education in China Stephen Minas 53. Transnational Legal Education Eve Darian-Smith
£246.59
Oxford University Press Inc Rethinking Market Regulation Helping Labor by
Book SynopsisA subversive approach to economic theory, Rethinking Market Regulation explores the devastating impact of globalisation and a lack of governmental regulation on the US workforce. It challenges two key economic principles: that markets are competitive, making government intervention unnecessary, and the claim that corporations exist for the benefit of their shareholders, but not for other stakeholders. Arguing that both principles are based in myth, this book offers an insightful perspective into the plight of workers faced with widespread job losses through the merging and outsourcing of resources. Rethinking Market Regulation ties together the problems that come with using economic principles as a justification for a lack of government intervention with the harm and widespread social repercussions faced by workers. With a close focus on the personal and financial consequences of losing employment, this book offers a compelling comparison of the legal and social treatment of labor in the US and the EU, closing with the recommendation for a new regulatory regime as a prescription for the current system of mass inequality and widespread job losses. Rethinking Market Regulation is ideal for scholars, professionals and anyone else interested in gaining an alternative perspective to modern US economic theory and market regulation.Trade ReviewJohn Drobak uses Rethinking Market Regulation: Helping Labor by Overcoming Economic Myths to make the case for stronger consideration of labor issues in merger analysis and other government decisions. A well-argued book, it draws heavily on Drobak's expertise in law and economics and his work with the late Nobel laureate Douglass North. * Claude Marx, FTCWatch *Rethinking Market Regulation is a timely and much needed rebuttal to the economic analysis that has justified decades of corporate outsourcing of millions of jobs and the legitimization of massive executive compensation in our country during hard times for many employees. Drobak, contrary to Wall Street Myth, fervently believes greed is not good and urges several thoughtful proposals for change, notably including adding labor representation to corporate boards and creating a new Federal review board for mergers to assess the expected displacement of labor. This is a stellar work that deserves the widest possible readership. * Joel Seligman, President Emeritus and University Professor, University of Rochester, Dean Emeritus and Professor, Washington University School of Law *Rethinking Market Regulation tells a challenging story about labor markets. A legal scholar and a long-term intellectual partner to Douglass North, the author undercuts the ongoing economic narrative about the benefits of the so-called workforce flexibility and the presumably 'intractable' rigidities introduced by labor regulations. His interpretation provides substantial food for thought about the ongoing divisions of American society and, more generally, about rising populism everywhere. * Claude Ménard, Professor of Economics, Centre d'Economie de la Sorbonne *In this extremely valuable and insightful book, John Drobak dismantles the many economic myths that have prevented America from moving toward a more socially just society. Rethinking Market Regulation provides a critical refutation of past orthodox thinking and policies, delivering a much-needed blueprint for where we need to be heading in the future. * Mark R. Rank, Herbert S. Hadley Professor of Social Welfare, Washington University in St. Louis *In this thought-provoking book, John Drobak invites us to take a new look at markets and regulation, by challenging many of the standard assumptions made by economists. Perhaps Drobak's biggest idea rests on citizen/voter beliefs about the market. If a large portion of Americans become disillusioned with markets because they believe markets work only for the rich, then it risks a political backlash. This is a recipe for populism and anti-market policies. * Barry R. Weingast, Ward C. Krebs Family Professor of Political Science, Stanford University *Table of ContentsChapter 1 - Introduction Chapter 2 - The Theory of Competitive Markets Chapter 3 - Lack of Competition in U.S. Markets Chapter 4 - The Effects of Mega-Mergers Chapter 5 - Corporate Stakeholders Chapter 6 - Outsourcing in the U.S. and Europe Chapter 7 - Legitimization of Greed - Heartbreak to Workers Chapter 8 - Belief Systems and Confirmation Bias Chapter 9 - Recommendations Chapter 10 - Postscript Bibliography Appendix A - Profitability of the Four Major Airlines Appendix B - Methods to Determine Concentration Appendix C - Results of Concentration Studies Appendix D - Congressional Bills Regulating Outsourcing
£99.00
Oxford University Press Inc Race and National Security
Book SynopsisOn both a national and global stage we are witnessing a reckoning on issues of racial justice. This historical moment that continues to unfold in the United States and elsewhere also creates an opening to spark and revitalize debate and policy changes on a range of crucial topics, including national security. By surfacing the depths to which White hegemonic power influences our institutions and cultural assumptions, we gain more accurate understanding of how race manifests in national security domestically, transnationally, and globally.In Race and National Security, leading experts challenge conventional interpretations of national security by illuminating the underpinning of White supremacy in our social consciousness. The volume centers the experience of those who have long been on the receiving end of racialized state violence. It finds that re-envisioning national security requires more than just reducing the size and scope of the security state.Contributors offer visions for reforming and transforming national security, including adopting an abolitionist framework. Race and National Security invites us to radically reimagine a world where the security state does not keep Black, Brown, and other marginalized peoples subordinated through threats of and actual incarceration, violence, torture, and death. Race and National Security is a groundbreaking volume which serves as a catalyst for remembering, exposing, and reconceiving the role of race in national security.The Just Security book series from OUP tackles contemporary problems in international law and security that are of interest to a global community of scholars, policymakers, practitioners, and students. With each volume taking a particular thematic focus and gathering leading experts, the series as a whole aims to rigorously and critically reflect on developments in these areas of law, policy, and practice. Each volume will be accompanied by a series of shorter digital pieces in Just Security''s online forum at www.justsecurity.org, which tie the discussion to breaking news and headlines.Table of ContentsPreface List of Contributors Acknowledgments I. Introduction - Confronting the Color Line in National Security, Matiangai Sirleaf II. Why Race & National Security? 1. Beyond Color-Blind National Security Law, James Gathii 2. "Viral Convergence": Interconnected Pandemics as Portal to Racial Justice, Catherine Powell 3. National Security Law and the Originalist Myth, Aziz Rana III. Race & the Scope of National Security 4. Black Security and the Conundrum of Policing, Monica Bell 5. Carceral Secrecy and (In)Security, Andrea Armstrong 6. The Border Called My Skin, Jaya Ramji-Nogales IV. Race & the Boomerang Effect of National and Transnational Security 7. Militarized Biometric Data Colonialism, Margaret Hu 8. Extending the Logic of Defund to America's Endless Wars, Asli Bâli 9. Extrajudicial Executions from the United States to Palestine, Noura Erakat V. Comparative and International Perspectives on Race & National Security 10. Racial Transitional Justice in the United States, Yuvraj Joshi 11. Black Guilt, White Guilt at the International Criminal Court, Rachel López 12. The UN Cannot Rest on Past Laurels: The Time for Courageous Leadership on Anti-Black Racism is Now, Adelle Blackett VI. Conclusion - Reforming, Transforming and Radically Imagining National Security, Matiangai Sirleaf
£25.99
Oxford University Press Inc Race and National Security
Book SynopsisOn both a national and global stage we are witnessing a reckoning on issues of racial justice. This historical moment that continues to unfold in the United States and elsewhere also creates an opening to spark and revitalize debate and policy changes on a range of crucial topics, including national security. By surfacing the depths to which White hegemonic power influences our institutions and cultural assumptions, we gain more accurate understanding of how race manifests in national security domestically, transnationally, and globally.In Race and National Security, leading experts challenge conventional interpretations of national security by illuminating the underpinning of White supremacy in our social consciousness. The volume centers the experience of those who have long been on the receiving end of racialized state violence. It finds that re-envisioning national security requires more than just reducing the size and scope of the security state.Contributors offer visions for reforming and transforming national security, including adopting an abolitionist framework. Race and National Security invites us to radically reimagine a world where the security state does not keep Black, Brown, and other marginalized peoples subordinated through threats of and actual incarceration, violence, torture, and death. Race and National Security is a groundbreaking volume which serves as a catalyst for remembering, exposing, and reconceiving the role of race in national security.The Just Security book series from OUP tackles contemporary problems in international law and security that are of interest to a global community of scholars, policymakers, practitioners, and students. With each volume taking a particular thematic focus and gathering leading experts, the series as a whole aims to rigorously and critically reflect on developments in these areas of law, policy, and practice. Each volume will be accompanied by a series of shorter digital pieces in Just Security''s online forum at www.justsecurity.org, which tie the discussion to breaking news and headlines.Table of ContentsPreface List of Contributors Acknowledgments I. Introduction - Confronting the Color Line in National Security, Matiangai Sirleaf II. Why Race & National Security? 1. Beyond Color-Blind National Security Law, James Gathii 2. "Viral Convergence": Interconnected Pandemics as Portal to Racial Justice, Catherine Powell 3. National Security Law and the Originalist Myth, Aziz Rana III. Race & the Scope of National Security 4. Black Security and the Conundrum of Policing, Monica Bell 5. Carceral Secrecy and (In)Security, Andrea Armstrong 6. The Border Called My Skin, Jaya Ramji-Nogales IV. Race & the Boomerang Effect of National and Transnational Security 7. Militarized Biometric Data Colonialism, Margaret Hu 8. Extending the Logic of Defund to America's Endless Wars, Asli Bâli 9. Extrajudicial Executions from the United States to Palestine, Noura Erakat V. Comparative and International Perspectives on Race & National Security 10. Racial Transitional Justice in the United States, Yuvraj Joshi 11. Black Guilt, White Guilt at the International Criminal Court, Rachel López 12. The UN Cannot Rest on Past Laurels: The Time for Courageous Leadership on Anti-Black Racism is Now, Adelle Blackett VI. Conclusion - Reforming, Transforming and Radically Imagining National Security, Matiangai Sirleaf
£67.45
Oxford University Press A Theory of Constitutional Rights
Book SynopsisIn any country where there is a Bill of Rights, constitutional rights reasoning is an important part of the legal process. As more and more countries adopt Human Rights legislation and accede to international human rights agreements, and as the European Union introduces its own Bill of Rights, judges struggle to implement these rights consistently and sometimes the reasoning behind them is lost. Examining the practice in other jurisdictions can be a valuable guide. Robert Alexy''s classic work, available now for the first time in English reconstructs the reasoning behind the jurisprudence of the German Basic Law and in doing so provides a theory of general application to all jurisdictions where judges wrestle with rights adjudication. In considering the features of constitutional rights reasoning, the author moves from the doctrine of proportionality, procedural rights and the structure and scope of constitutional rights, to general rights of liberty and equality and the problem of horTrade ReviewThis work provides one of the most penetrating, analytically refined, and influential general accounts of constitutional rights available. American realists will recognize the structure of rights it proposes as functional and pragmatic. Comparative constitutional jurists will recognize it as a reconstruction of what is, perhaps, the dominant understanding of constitutional rights in the world. It would be a mistake for constitutional scholars of any tradition not to engage this book seriously. * Mattias Kumm *Juian Rivers deserves credit not only for a text which does full justice to Alexy's renowned lucidity, but also for an introduction which argues persuasively for the relevance of Alexy's understanding of constitutional rights. * Legal Studies *... a valuable contribution to our appreciation of the wider context in which both the German Federal Constitutional Court (FCC) and US Supreme Court operate. * European Public Law *... provide(s) us with a stimulating theoretical account of the method of adjudication employed by the judges of the FCC, as well as some insight into the workings and background assumptions of German constitutional law. * European Public Law *... reveal(s) numerous and fruitful points of contact between American and German constitutional law on the one hand, and the emerging case-law under the HRA on the other. * European Public Law *... challenge(s) us to question some assumptions about UK public law and the role of the judge within it. * European Public Law *... provides a series of challenging arguments that draw together fine theoretical developments with a clear analysis of the German case law. Undoubtedly, it constitutes a building block of every serious discussion on constitutional rights and everyone who is interested in these issues should compare his views with Alexy's. His subtle analytical distinctions would shed much light over utterly obscure issues such as horizontality, proportionality, scope, and limits of rights. Moreover, a British audience puzzled by the role of a new Bill of Rights would find much relief from a comparative insight on questions of rights. The strength of this book is that it provides a sound framework for initiating a discussion on constitutional rights. * International and Comparative Law Quarterly *... provides an excellent analytical framework to deal with the most difficult constitutional rights issues. * International and Comparative Law Quarterly *Table of ContentsPREFACE ; A Theory of Constitutional Rights and the British Constitution ; 1. The Content and Purpose of a Theory of Constitutional Rights ; 2. The Concept of a Constitutional Rights Norm ; 3. The Structure of Constitutional Rights Norms ; 4. Constitutional Rights as Subjective Rights ; 5. Constitutional Rights and Legal Status ; 6. The Limits of Constitutional Rights ; 7. The General Right to Liberty ; 8. The General Right to Equality ; 9. Rights to Positive State Action ; 10. Constitutional Rights and Constitutional Rights Norms in the Legal System ; POSTSCRIPT
£155.12
Clarendon Press Foreign Law in English Courts
Book SynopsisHow foreign law is established, and whether it must be relied upon at all, are central issues in private international law, with important implications in principle and in practice. Whether litigants are free to ignore the foreign elements in a dispute goes to the heart of the conflicts process, and without effective means to establish the content of foreign law the object of that process is undermined. The cost and unpredictability of establishing foreign law also have an important impact on litigation, affecting the parties'' choice of forum, and how cases are argued and decided. This book, the first detailed examination of the topic in English law, is an account of the pleading and proof of foreign law from an English perspective, which also places the law in a comparative context, and considers options for reform. It provides a practical guide to the subject, but also presents the conflicts process in a way which is both novel and illuminating. Recognized as the leading account ofTrade Reviewa most important contribution to a gradual approximation of common law and civil law approaches to the subject * Professor Erik Jayme, Professor of Law, University of Heidelberg and President of the Institut de Droit International *Oxford University Press are to be warmly congratulated on promoting a series of specialist monographs in Private International Law ... nearly 350 pages of balanced and detailed text ... As one would expect from Oxford University Press the work is handsomely produced with detailed footnotes containing full references to common law and civil law jurisdictions ... The volume will benefit any lawyer with a case involving foreign law ... this book can be read with profit and pleasure by all ... a timely, readable and absorbing book which is likely to become the specialist text on this particular topic ... this volume will be cited regularly in the courts and will find a place in all university law libraries. Mr Fentiman has made a valuable contribution to the literature of private international law with this specialist monograph. * Legal Update, 1999 ( reviewer not named) *This book is a much-needed addition to the slowly developing stock of modern, scholarly writings about the nature and theory of conflict laws from the English standpoint ... the work will be read with interest and enlightenment by academics and practitioners alike ... thanks to Fentiman, those curious to discover these matters can set about doing so, and at the same time they will be pleasantly surprised to discover some promising indications that the law is at last destined to enter upon a phase of reformulation in consequence of recent developments ... The ten chapters of Fentiman's book together provide a challenging, and tautly argued, account of the law that is properly critical of its illogical and absurd aspects ... a fascinating period of evolution is in prospect ... the current text provides ample inspiration, and intellectual sustenance, for those who aspire to play an active part in that process. * Ian Fletcher, The Law Quarterly Review, Vol 115, July 1999 *"A book of remarkable wealth", Horatia Muir Watt, Revue Critique - January-March 1999Any writer touching on English law owes a very great debt to Richard Fentiman. * James McComish, Melbourne University Law Review *This is a monograph of rare quality which will have a considerable impact on our understanding of its subject, and so both on teaching and practice. * David McLean, British Yearbook of International Law *Table of ContentsI INTRODUCTION ; II LEGAL RISK AND MULTISTATE TRANSACTIONS ; III THE LAWS GOVERNING MULTISTATE LITIGATION ; IV COMMENCING PROCEEDINGS ; V PREVENTING PROCEEDINGS ; VI RECOVERY AND ENFORCEMENT
£189.12
Oxford University Press, USA Exploitative Contracts
Book SynopsisExplores the philosophical concept of 'exploitation' in the law relating to the formation of contracts. This volume discusses the criteria for a claim of 'legal contractual exploitation'. It examines the consequences of this conception of exploitation upon the contract law doctrines of unconscionable dealing, duress, and undue influence.Trade Review...the reader will benefit from Bigwood's guide to what is now a very large body of doctrine...this book refuses to be swamped by the amount of material it discusses. * Cambridge Law Journal *Table of Contents1. Prospectus ; 2. Operational Bargaining Norms: Contracting Beyond Utopia ; 3. Contract and Justice: From Involuntariness to Exploitation ; 4. Legal Contractual Exploitation ; 5. Towards a Purely Processual Conception of Legal Contractual Exploitation ; 6. Exploitation of Special Disadvantage: Unconscionable Dealing ; 7. Contracting Under Duress ; 8. Exploitation of Deferential Trust: Relational Undue Influence ; 9. Beyond Legal Contractual Exploitation: Towards a Common Law Precept of Transactional Care ; References
£167.88
Oxford University Press, USA The Hague Convention on International Child Abduction Oxford Private International Law Series
Book SynopsisThis book provides systematic analysis of the way in which The Hague Child Abduction Convention has been applied in England and Scotland, with reference also to the case law of Australia, Canada, France, New Zealand and the US. All the key provisions and terms of the Convention are explored.Trade ReviewWritten in a clear and elegant style, this monograph accomplishes its goals of presenting the convention in its practical and theoretical aspects, drawing on a broad spectrum of sources, both judicial and academic, in an international perspective. The Oxford series has set a very high standard, and Beaumont & McEleavy have certainly lived up to it. * McGill Law Journal *... valuable to anyone seeking clear and detailed explanations of how the convention actually works. * McGill Law Journal *... provides a timely examination of the theoretical and practical aspects of the Hague Convention. * McGill Law Journal *... a significant contribution to the literature on transborder child custody and the international community's response to it. * McGill Law Journal *This is a book of first class scholarship ... the authors offer thoughtful and incisive criticism on every topic. No one working in the area of international family law will want to be without this book. Anyone considering writing a legal commentary on an international convention would be wise to study what is a truly exemplary work. * International and Comparative Law Quarterly *The important Oxford Monographs in Private International Law series has recently been enriched by this book devoted to one of the most widely ratified Hague Conventions: the 1980 Convention on international child-kidnapping. * Revue Critique de Droit Internationale Privé *... this book provides a wealth of information from both the social and legal points of view ... this text should be a standard referencee work in regards to the Hague Convention on International Child Abduction. * Mediterranean Journal of Human Rights *Table of ContentsGeneral Editor's Preface ; Preface ; Table of Cases ; Table of Legislation ; Introduction ; Sociological Review and Analysis of International Child Abduction ; The Evolution of an International Convention: The Hague Model ; Aims ; Removal and Retention ; Rights of Custody ; Habitual residence ; Article 13(1)(a): Has the Dispossessed Parent Consented or Subsequently Acquiesced in the Removal or Retention? ; The Protection of Children where a return may result in Harm: Article 13(1)(b), Undertakings & Article 20 ; The Right of a Mature Minor to object to a Return: Article 13 ; Article 12(2): The Child is now settled in its New Environment ; Rights of Access ; Relationship of the Hague Convention with Other International Instruments ; Interpretation ; The Child Abduction Convention in Practice ; Conclusions ; Appendix 1: English and French Text of the Convention ; Appendix 2: Table of Ratifications and Accessions ; Appendix 3: Hague Convention Statistics ; Index
£207.00
Oxford University Press, USA Tort Liability Under Uncertainty
Book SynopsisThe book provides an account of the uncertainty problem that arises in tort litigation. It examines the existing doctrinal solutions of the problem, as evolved in England, the US, Canada, and Israel, and also offers a number of original solutions. The book combines the traditional doctrinal depiction of the law with general theoretical insights.Trade Review... an exceptionally lucid, challenging and innovative book about an important legal topic ... succinct and excellently structured text ... Porat and Stein's admirable text is one so timely, well expressed and ambitious in its aim that no scholar working in the field can afford not to read it carefully and address its thesis with determination. * Modern Law Review, March 2003 *Table of ContentsIntroduction ; 1. Liability Under Uncertainty: Allocating the Risk of Error ; 2. The Tension Between the Burden of Proof and Tort Law Objectives ; 3. Res Ipsa Loquitur ; 4. Risk as Damage ; 5. Collective Liability ; 6. Liability Under Uncertainty: Making Evidential Damage Actionable ; 7. The Evidential Damage Doctrine: Applications and Evaluation
£167.50
Oxford University Press The Max Planck Handbooks in European Public Law
Book SynopsisThe Max Planck Handbooks in European Public Law describe and analyse public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, the series aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series began this enterprise with an appraisal of the evolution of the state and its administration, offering both cross-cutting contributions and specific country reports. The third volume (the second in chronological terms) continues this approach with an in-depth appraisal of constitutional adjudication in various and diverse European countries. Fourteen country reports and two cross-cutting contributions investigate the antecedents, foundations, organization, procedure, and outlook of constitutional adjudicators throughout the Continent. They include countries with powerful constitutional courts, jurisdictions with traditional supreme courts, and states with small institutions and limited ex ante review. In keeping with the focus on a diverse but unified legal space, each report also details how its institution fits into the broader association of constitutional courts that, through dialogue and conflict, brings to fruition the European legal space. Together, the chapters of this volume provide a strong and diverse foundation for this dialogue to flourish.Table of Contents1: Armin von Bogdandy, Peter M Huber, Christoph Grabenwarter,: Constitutional Adjudication in the European Legal Space 2: Christoph Grabenwarter: The Austrian Constitutional Court 3: Christian Behrendt: The Belgian Constitutional Court 4: David Kosa and Ladislav Vyhnánek: The Constitutional Court of Czechia 5: Kaarlo Tuori: Constitutional Review in Finland 6: Olivier Jouanjan: 1. Constitutional Justice in France 7: Anuscheh Farahat: 1. The German Federal Constitutional Court 8: László Sólyom: The Constitutional Court of Hungary 9: Raffaele Bifulco and Davide Paris: The Italian Constitutional Court 10: Ineta Ziemele, Alla Spale, and Laila Jurcena: The Constitutional Court of the Republic of Latvia 11: Leonard Besselink: Constitutional Adjudication in the Netherlands 12: Piotr Tuleja: The Polish Constitutional Tribunal 13: Maria Lúcia Amaral and Ravi Afonso Pereira: The Portuguese Constitutional Court 14: Juan Luis Requejo Pagés: The Spanish Constitutional Tribunal 15: Giovanni Biaggini: Constitutional Adjudication in Switzerland 16: Peter E Quint: The Influence of the United States Supreme Sourt on Judicial Review in Europe
£265.00
Oxford University Press An Introduction to Constitutional Law
Book SynopsisAn Introduction to Constitutional Law discusses the general principles of the United Kingdom constitution from a critical, comparative perspective. It emphasizes the principal characteristics of this uncodified constitution, contrasting it with the documentary constitutions of the United States, France, and Germany. There are fewer checks on the power of government in this country than there are under those constitutions, where courts may review the constitutionality of legislation. This book also discusses the `federal'' constitution of the European Union, as well as examining its impact on UK constitutional law. Its publication is particularly timely, in view of the programme of constitutional reform on which the Labour government has embarked. That makes it imperative to examine critically the principles of the constitution and explore whether anything may be learnt from the experience of other countries. The book offers a succinct and up to date account of British constitutional lTrade ReviewProfessor Barendt has written an excellent introductory text which examines the basic principles of the United Kingdom constitution...Overall, Barendt has written a concise and erudite analysis of the theoritical concepts and practical features of our contempory constitution. Students of public law will find it an invaluable complimentary work to Peter Cane's established book on Administrative Law in the same Clarendon Law Series./Alastair Mowbray/C.J.Q., Vol 18, July, Sweet & Maxwell 1999.In a welcome addition ot the constitutional law and political sciences libraries, Barendt's IAn Introduction to Constitutional LawI provides a critical overview of the principles and structure of the United Kingdom constitution. / Barendt makes interesting references to the constitutions of other nations./ Diana Woodhouse, Parliamentary Affairs, April 1999.Table of Contents1. Constitutions ; 2. The United Kingdom Constitution ; 3. Federalism and Devolution ; 4. The Constitution of the European Union ; 5. Parliament and Legislative Power ; 6. Government and Executive Power ; 7. The Courts and Judicial Power ; 8. Political Parties and Elections ; 9. Constitutions in Times of War and Emergency
£50.35
Oxford University Press A Historical Introduction to the Law of Obligations
Book SynopsisThe English law of obligations has developed over most of the last millennium without any major discontinuity. Through this period each generation has built on the law of its predecessors, manipulating it so as to avoid its more inconvenient consequences and adapting it piecemeal to social and economic changes. Sometimes fragments borrowed from other jurisdictions have been incorporated into the fabric of English law; from time to time ideas developed elsewhere have, at least temporarily, imposed a measure of structure on a common law otherwise messy and inherently resistant to any stable ordering.In this book David Ibbetson exposes the historical layers beneath the modern rules and principles of contract, tort, and unjust enrichment. Small-scale changes caused by lawyers successfully exploiting procedural advantages in their clients'' interest are juxtaposed alongside changes caused by friction along the boundaries of these principal legal categories; fossilized remnants of old doctriTrade Review... provides a fresh look at many more subjects than most legal historians can have mastered. ... this book will cause readers to rethink their reaction to some present-day legal problems in light of the past. ... [Ibbetson] has given us both a basic treatment of the law of obligations and a considerable number of fresh insights that will enlighten any teacher's understanding and presentation of the subject. * Legal History (no date) *Dr Ibbetson has achieved something of a tour de force ... lucid and scholarly historical treatment ... easy to read and attractively presented ... much more than a simple chronological account of the evolution of legal doctrine ... * Law Quarterly Review April 2001 *masterly review of the substantive law of tort in the Middle Ages ... Compendious though it is, the book is not long, and this is all the more remarkable in that the style is not at all dense, but easy and flowing. The text is replete with well-chosen examples, and the footnotes are informative and stimulating. ... As pleasurable as it is informative, as balanced as it is intelligent, this volume is an invaluable addition to a distinguished literature. * Modern Law Review March 2001 *Review from previous edition A Historical Introduction to the Law of Obligations is a remarkable book which every lawyer with any interest in the law of obligations should read. * Peter Cane *Table of ContentsPROLOGUE: THE PREHISTORY OF THE ENGLISH LAW OF OBLIGATIONS ; I FORM AND SUBSTANCE IN MEDIEVEAL LAW ; 2 THE TRIUMPH OF TRESPASS ON THE CASE ; 3 THE MODERN LAW OF TORT AND CONTRACT ; 4 UNJUST ENRICHMENT
£62.90
Oxford University Press A Historical Introduction to the Law of Obligations
Book SynopsisThe English law of obligations has developed over most of the last millennium without any major discontinuity. Through this period each generation has built on the law of its predecessors, manipulating it so as to avoid its more inconvenient consequences and adapting it piecemeal to social and economic changes. Sometimes fragments borrowed from other jurisdiction have been incorporated into the fabric of English law; from time to time ideas developed elsewhere have, at least temporarily, imposed a measure of structure on a common law otherwise messy and inherently resistant to any stable ordering. In this book David Ibbetson exposes the historical layers beneath the modern rules and principles of contract, tort, and unjust enrichment. Small-scale changes caused by lawyers successfully exploiting procedural advantages in their clients'' interest are juxtaposed alongside changes caused by friction along the boundaries of these principal legal categories; fossilized remnants of old doctrTrade Review... provides a fresh look at many more subjects than most legal historians can have mastered. ... this book will cause readers to rethink their reaction to some present-day legal problems in light of the past. ... [Ibbetson] has given us both a basic treatment of the law of obligations and a considerable number of fresh insights that will enlighten any teacher's understanding and presentation of the subject. * Legal History (no date) *Dr Ibbetson has achieved something of a tour de force ... lucid and scholarly historical treatment ... easy to read and attractively presented ... much more than a simple chronological account of the evolution of legal doctrine ... * Law Quarterly Review April 2001 *masterly review of the substantive law of tort in the Middle Ages ... Compendious though it is, the book is not long, and this is all the more remarkable in that the style is not at all dense, but easy and flowing. The text is replete with well-chosen examples, and the footnotes are informative and stimulating. ... As pleasurable as it is informative, as balanced as it is intelligent, this volume is an invaluable addition to a distinguished literature. * Modern Law Review March 2001 *It is a valuable contribution to the literature of legal history...This work...is to be welcomed on this account for every advanced student of the subject will need to read, and digest, the book. * D.E.C. Yale Cambridge Law Journal Nov 2000 *A Historical Introduction to the Law of Obligations is a remarkable book which every lawyer with any interest in the law of obligations should read. * Peter Cane July 1999 *This is a great work of legal history by a quite exceptional scholar. Every legal historian will recognise the magnitude of its achievement. However, it is extraordinarily important that it should not be seen as only legal history. We have never had a better path to thorough understanding of the modern law of obligations in the common law. Every university jurist who teaches all or part of that area of the law must digest the learning of this book. * Peter Birks - Regius Professor of Civil Law, University of Oxford - August 1999. *Table of Contents1 PROLOGUE: THE PREHISTORY OF THE ENGLISH LAW OF OBLIGATIONS ; 2 STRUCTURAL FOUNDATIONS ; 3 UNITY AND FRAGMENTATION OF THE MEDIAEVAL LAW OF CONTRACT ; 4 TRESPASS, TRESPASS ON THE CASE, AND THE MEDIAEVAL LAW OF TORT ; 5 THE SUBSTANTIVE LAW OF TORTS ; 6 THE SUBSTANTIVE LAW OF CONTRACT ; PART 2 THE TRIUMPH OF TRESPASS ON THE CASE ; 7 TORT, PROPERTY, AND REPUTATION: THE EXPANSION OF THE ACTION ON THE CASE ; 8 THE RISE OF THE ACTION OF ASSUMPSIT ; PART 3 THE MODERN LAW OF TORT AND CONTRACT ; 9 TRESPASS, CASE, AND THE MORAL BASIS OF LIABILITY ; 10 THE LAW OF TORTS IN THE NINETEENTH CENTURY: THE RISE OF THE TORT OF NEGLIGENCE ; 11 THE LAW OF TORTS IN THE TWENTIETH CENTURY: EXPANSION AND COLLAPSE OF THE TORT OF NEGLIGENCE ; 12 FOUNDATIONS OF THE MODERN LAW OF CONTRACT ; 13 THE RISE OF THE WILL THEORY ; THE WILL THEORY AND THE CLASSICAL MODEL OF CONTRACT ; 14 THE DECLINE OF THE WILL THEORY: LEGAL REGULATION AND CONTRACTUAL FAIRNESS ; PART 4 UNJUST ENRICHMENT ; 15 UNJUST ENRICHMENT ; 16 LEGAL CHANGE AND LEGAL CONTINUITY
£96.00
Oxford University Press The Oxford Handbook of Law and Anthropology
Book SynopsisThe Oxford Handbook of Law and Anthropology is a ground-breaking collection of essays that provides an original and internationally framed conception of the historical, theoretical, and ethnographic interconnections of law and anthropology. Each of the chapters in the Handbook provides a survey of the current state of scholarly debate and an argument about the future direction of research in this dynamic and interdisciplinary field. The structure of the Handbook is animated by an overarching collective narrative about how law and anthropology have and should relate to each other as intersecting domains of inquiry that address such fundamental questions as dispute resolution, normative ordering, social organization, and legal, political, and social identity. The need for such a comprehensive project has become even more pressing as lawyers and anthropologists work together in an ever-increasing number of areas, including immigration and asylum processes, international justice forums, cuTrade ReviewContributors seek to identify and conceptualize the most promising areas of innovation and socio-legal relevance as well as to acknowledge the points of tension, open questions, and areas for future development. * Law & Social Inquiry *Table of ContentsGlobal perspectives on law & anthropology 1: Carol Greenhouse: Social Control through Law: Critical afterlives 2: Martin Chanock: Anthropology, Law, and Empire: Foundations in context 3: Sindiso Mnisi Weeks: South African Legal Culture and its Dis/empowerment Paradox 4: Pratiksha Baxi: The Ethnographic Gaze on State Law in India 5: Paul Burke: The Anthropology of Indigenous Australia and Native Title Claims 6: Brian Thom: Encountering Indigenous Law in Canada 7: Florian Stammler, Aytalina Ivanova, and Brian Donahoe: Russian Legal Anthropology: From empirical ethnography to applied innovation 8: Armando Guevara Gil: Indigenous Peoples, Identity, and Free, Prior, and Informed Consultation in Latin America 9: Do Dom Kim: Rule of Law and Media in the Making of Legal Identity in Urban Southern China 10: Dominik Müller: Islam, Law, and the State 11: Keebet von Benda-Beckmann: Law and Anthropology in the Netherlands: From Adat Law School to Anthropology of Law 12: Frédéric Audren and Laetitia Guerlain: Legal Uses of Anthropology in France in the 19th and 20th centuries 13: Balacz Fekete: Legal Ethnology and Legal Anthropology in Hungary 14: Michele Graziadei: The Anthropology of European Law Recurring themes in law and anthropology 15: Elizabeth Mertz: Within and Beyond the Anthropology of Language and Law 16: Anne Griffiths: Law as an Enduring Concept: Space, time, and power 17: Fernanda Pirie: Legalism: Rules, categories, and texts 18: Günter Frankenberg: Legal Transfer 19: Thomas Duve: Legal Traditions 20: Baudouin Dupret: The Concept of Positive Law and its Relationship to Religion and Morality 21: Matthew Canfield: Property Regimes 22: Markus Böckenförde, Berihun Gebeye: Law and Development 23: Mark Goodale: Rights and Social Inclusion 24: Lynette Chua: Human Rights Activism, Sexuality, and Gender Anthropology in law and legal practice 25: Alison Dundes Renteln: The Cultural Defence 26: Andrzej Jakubowski: Cultural Rights and Cultural Heritage as a Global Concern 27: Faris Nasrallah: Alternative Dispute Resolution 28: Richard A. Wilson: Justice after Atrocity 29: Marie-Claire Foblets: Kinship through the Twofold Prism of Law and Anthropology 30: Dirk Hanschel, Elizabeth Steyn: Environmental Justice Anthropology at the limits of law 31: Felix-Anselm van Lier, Katrin Seidel: Constitution Making 32: Jennifer Burrell: Vigilantism and Security-making 33: Math Noortmann, Juliette Koning: The Normative Complexity of Private Security: Beyond legal regulation and stigmatization 34: Erica Bornstein: Humanitarian Interventions 35: Rita Kesselring: Inequality, Victimhood, and Redress 36: Katayoun Alidadi: Anti-discrimination Rules and Religious Minorities in the Workplace 37: Priscilla Claeys, Karine Peschard: Transnational Agrarian Movements, Food Sovereignty, and Legal Mobilization 38: Rachel Sieder: The Juridification of Politics 39: Meg Davis: The Persistence of Chinese Rights Defenders Current directions in law & anthropology 40: Sally Engle Merry: The Problem of Compliance and the Turn to Quantification 41: Bert Turner, Melanie Wiber: Law, Science, and Technologies 42: Olaf Zenker: Politics of Belonging 43: Katia Bianchini: Legal and Anthropological Approaches to International Refugee Law 44: Philipp Dann, Julia Eckert: Norm Creation Beyond the State 45: Didier Fassin: Critique of Punitive Reason 46: Maria Sapignoli, Ronald Niezen: Global Legal Institutions 47: Annelise Riles, Ralf Michaels: Law as Technique 48: Kamari Clarke: Emotion, Affect, and Law 49: Eve Darian-Smith: Legal Pluralism in Postcolonial, Postnational, and Postdemocratic Contexts
£188.19
Oxford University Press Corruption and Constitutionalism in Africa
Book SynopsisThis is an open access title available under the terms of a CC BY-NC-ND 4.0 International license. It is offered as a free PDF download from OUP and selected open access locations.This collection of essays to focuses on the critical issue of corruption that lies at the heart of the crisis of constitutionalism in Africa. Most anti-corruption measures over the years have been inadequate, serving merely as symbolic gestures to give the impression something is being done. The African Union''s declaration of 2018 as the ''African anti-corruption year'', belated though it be, is an open recognition by African governments of the impact corruption will have on the continent unless urgent steps are taken.The key objective of this volume is to draw attention to the problem of corruption, the complexity of the situation, with all its multi-faceted social, political, economic and legal dimensions, and the need for remedial action.
£216.59
Oxford University Press Sexual Assault Law Reform in a Comparative
Book SynopsisThis edited volume brings together leading scholars on sexual assault law to discuss the shift towards consent-based sexual assault laws. It explores the complexities of consent in different jurisdictions with reformed sexual assault laws and analyses their strengths and weaknesses.Table of ContentsNormative Foundations 1: Michelle Madden Dempsey: The Normative Force Of Consent In Moral, Political, And Legal Perspective 2: Vera Bergelson: Sex And Sensibility: The Meaning Of Sexual Consent 3: Stephen J. Schulhofer: What Does 'Consent' Mean? 4: Stuart P. Green: Presuming Nonconsent To Sex In Cases Of Incapacity And Abuse Of Position Criminal Law Reform In Practice 5: Malcolm Thorburn: Sexual Assault Law In Canada 6: Jonathan Herring: The Sexual Offences Act 2003: England And Wales 7: Tatjana Hörnle: The New German Law On Sexual Assault 8: Claes Lernestedt And Marie Kagrell: The Swedish Move Towards (In)Voluntariness 9: Erin Murphy: Article 213 Of The American Law Institute's Model Penal Code 10: Manuel Cancio Meliá: Sexual Assaults Under Spanish Law: Law Reform, Consent, And Political Identity Thoughts For Future Law Reform 11: Tatjana Hörnle: A Comparison Of Sexual Assault Laws And Some Advice For Law Reform
£92.15
Oxford University Press Administrative Justice Fin de siècle Early
Book SynopsisAdministrative law permeates all area of law, and this series focuses on its role both regionally and globally. This volume focuses on the historical trajectory and developmental legacies of six legal systems from 1809-1910, and how they affect the administrative laws and legal institutions in place today.Table of ContentsIntroduction 1: Giacinto della Cananea: Commonality and Diversity in Administrative Justice: Fin de siècle The Legal Systems Selected for Comparative Analysis 2: Angela Ferrari Zumbini: Standards of Judicial Review of Administrative Action in the Austro-Hungarian Empire 3: Yseult Marique: The Administration and the Judge: Pragmatism in Belgian Case Law 4: Jérémy Mercier: The Judicial Elaboration of Standards for Public Administrations in France 5: Lilly Weidemann: Standards of Judicial Review of Administrative Action in the German Empire 6: Alessandra Bassani: Initial Investigation on Excess of Power: Judicial Review of Administrative Action in Italy 7: Conor McCormick: The Historical Foundations of Judicial Review in the United Kingdom Comparative Studies 8: Leopoldo A Moscoso: Liberal Democracies and the Control of Virtue: The Weakening of Representative Regimes and the Expansion of the Judiciary 9: Luca De Lucia: Judicial Review of Administrative Action: A Brief Comparison between the Austro-Hungarian and German Empires 10: Robert Thomas: The Development of Administrative Law in the United Kingdom 11: Marco Mazzamuto: The Formation of the Italian Administrative Justice System, European Common Principles of Administrative Law, and 'Jurisdictionalisation' of Administrative Justice in the 19th Century 12: Stefano Mannoni: The Administrative World of Yesterday
£105.00
