Comparative law Books
Cambridge University Press Community Paralegals and the Pursuit of Justice
Book SynopsisThe United Nations estimates that four billion people worldwide lack access to justice. This book is essential for anyone who wants to change that: lawyers, researchers, policy-makers, and activists. Community paralegals demystify law and empower people to advocate for themselves. In the fight to bring justice everywhere, they are the frontline. This title is also available as Open Access.Trade Review'In the 2030 Sustainable Development Goals, world governments made a historic commitment to achieve 'access to justice for all'. This book is a must-read for anyone who, like me, believes in the urgency and vitality of that goal, and anyone who wants to understand how we go about achieving it. If 'access to justice' is an abstraction to you, it won't be once you read the stories in these pages of paralegals and clients seeking justice. Those stories are unforgettable. They hold lessons for all of us.' Mary Robinson, former President of Ireland and former High Commissioner for Human Rights'This book brings law to life in a thoroughly original way. It charts, with great empirical care, analytical acuity and historical sensitivity, the obstacles that lie in the path of making justice accessible to marginalized groups. It then addresses the question: to what extent can paralegals mitigate these obstacles? Through wonderful case studies of the incredibly innovative paralegal movement, it throws light on the toughest questions of our time: how can law become a site for an inclusionary imagination. Anyone interested in the future of law and justice will have to reckon with this book.' Pratap Bhanu Mehta, Vice-Chancellor, Ashoka University, India'This is a powerful guide to understanding one of the most promising emerging fields in the world today. Community paralegals are heroes on a daily basis. Each individual story is inspiring, and the global potential of this profession to change countless lives is thrilling.' Ricken Patel, Founder and CEO, Avaaz'Methodologically rigorous and deeply humane, this groundbreaking and hopeful book transports the reader to the frontlines of global community paralegal efforts to squeeze justice out of the most unlikely places. We bear witness to their successes as they champion the rights of individuals and communities against abuses of power by state actors, private corporations and dysfunctional justice systems. And through clear-eyed analysis of the challenges that community paralegals face, the book makes a convincing argument that only with sustainable financial resources, political will, and dedication to the cultivation of strong cadres of well-trained and supported grassroots advocates, can justice be a lived and long-lasting reality in the lives of the global masses.' Chi Adanna Mgbako, Director of the Leitner International Human Rights Clinic, Fordham University, New York'For many people in the United States and worldwide, the law is a ruse for oppression. Frontline legal advocates can help people turn law into the guarantor of equality it is supposed to be. This book shows us how.' Bryan Stevenson, Founder of Equal Justice Initiative and Macarthur Fellow'This book consists of detailed and impressive studies of a worldwide program that might well constitute a revolution in the making: relying on ordinary citizens to use the power and majesty of the law to protect their rights.' Owen Fiss, Sterling Professor, Yale University, Connecticut'This compelling volume not only demonstrates the significance of 'barefoot lawyering' in nations struggling for democracy. It contains important insights for the world wide effort to preserve and extend fundamental freedoms in the twenty- first century.' Bruce Ackerman, Sterling Professor of Law and Political Science, Yale University, Connecticut'Community Paralegals and the Pursuit of Justice is a work of prodigious scholarship that represents a significant contribution to the development, human rights, and rule of law fields. Vivek Maru, Varun Gauri and contributing authors have evaluated paralegal organizations in six countries with scrupulous care and have drawn well-supported lessons for improving and expanding the model globally. Community Paralegals and the Pursuit of Justice provides welcome evidence that investment in paralegal organizations can not only pay significant dividends for the poor, but can improve the accessibility, capacity, and accountability of justice systems themselves.' Gary Haugen, Founder and CEO, International Justice Mission'… Community Paralegals and the Pursuit of Justice undoubtedly offers important insights into the dynamics influencing the work of paralegals; it is recommended for everyone concerned with the full realization of access to justice for all.' Erica Leni, Human Rights ReviewTable of Contents1. Paralegal in comparative perspective – what have we learned across these six countries? Vivek Maru and Varun Gauri; 2. 'To whom do the people take their issues?' The contribution of community-based paralegals to access to justice in South Africa Jackie Dugard and Katherine Drage; 3. Community-based paralegalism in the Philippines: from social movements to democratization Jennifer Franco, Hector Soliman and Maria Roda Cisnero; 4. Paralegalism in Indonesia: balancing relationships in the shadow of the law Ward Berenschot and Taufik Rinaldi; 5. Kenya's community-based paralegals: a tradition of grassroots legal activism Abigail Moy; 6. Squeezing justice out of a broken system: community paralegals in Sierra Leone Vivek Maru, Lyttelton Braima and Gibrill Jalloh; 7. The contributions of community-based paralegals in delivering access to justice in postwar Liberia Peter Chapman and Chelsea Payne.
£95.00
Cambridge University Press Bankruptcy
Book SynopsisA decade after the Global Financial Crisis and Great Recession, developed economies continue to struggle under excessive household debt. While exacerbating inequality and political unrest, this debt - when combined with wage stagnation and a shrinking welfare state - has played a key role in maintaining economic growth and allowing households faced with rising costs of living to make ends meet. In Bankruptcy: The Case for Relief in an Economy of Debt, Joseph Spooner examines this economic model and finds it increasingly unsustainable. In a call to action to reduce debt burden, he turns to bankruptcy law, which is uniquely situated as a mechanism of social insurance against the risks of a debt-dependent economy. This book should be read by anyone interested in understanding the problem of consumer debt and how best to address it.Trade Review'This reviewer highly recommends this book for people who want to learn more about the consumer debt-based economy and ways to make it fairer and more efficient.' R. H. Scott, Choice'The book is essential reading for anyone who is interested in understanding the problem of consumer debt and how best to address it. It is an indispensable addition for all university libraries.' Eugenio Vaccari, Journal of International Banking Law and RegulationTable of Contents1. Introduction; 2. Financialised capitalism and the centrality of household debt; 3. Consumer bankruptcy theory and the case for debt relief; 4. A consumer bankruptcy marketplace; 5. The limits of contractual consumer bankruptcy; 6. The austere creditor: austerity, bankruptcy policy and government debt collection; 7. Moral hazard and bankruptcy abuse prevention; 8. Conclusion; Index.
£95.00
Cambridge University Press The Brazilian Legal Profession in the Age of Globalization
Book SynopsisThis book provides the first comprehensive analysis of globalization''s impact on the Brazilian legal profession. Employing original data from nine empirical studies, the book details how Brazil''s need to restructure its economy and manage its global relationships contributed to the emergence of a new ''corporate legal sector'' - a sector marked by increasingly large and sophisticated law firms and in-house legal departments. This corporate legal sector in turn helped to reshape other parts of the Brazilian legal profession, including legal education, pro bono practices, the regulation of legal services, and the state''s legal capacity in international economic law. The book, the second in a series on Globalization, Lawyers, and Emerging Economies, will be of interest to academics, lawyers, and policymakers concerned with the role that a rapidly globalizing legal profession is playing in the development of key emerging economies, and how these countries are integrating into the globalTable of Contents1. Globalization, lawyers and emerging economics: the case of Brazil Luciana Gross Cunha, Daniela Monteiro Gabbay, José Garcez Ghirardi, David M. Trubek and David B. Wilkins; 2. Corporate law firms: the Brazilian case Daniela Monteiro Gabbay, Luciana Ramos and Ligia Pinto Sica; 3. In-house counsels in Brazil: careers, professional profiles, and new roles Fabiana Luci de Oliveira and Luciana Ramos; 4. South by Southeast: comparing the development of in-house legal department in Brazil and India David B. Wilkins and Vikramaditya S. Khanna; 5. Globalizing processes for São Paulo attorneys: gender stratification in law firms and law-related businesses Maria da Gloria Bonelli and Camila de Pieri Benedito; 6. The Ordem dos Advogados do Brazil and the politics of professional regulation in Brazil Frederico de Almeida and Paulo André Nassar; 7. Doing well and doing good in an emerging economy: the social organization of pro bono Among corporate lawyers and law firms in São Paulo, Brazil Fabio de Sa e Silva; 8. Legal education in Brazil: the challenges and opportunities of a changing context Luciana Gross Cunha and José Garcez Ghirardi; 9. Transforming legal capacity in Brazil: international trade law and the myth of a booming practice Rubens Glezer, Vitor M. Dias, Adriane Sanctis de Brito and Rafael A. F. Zanatta; 10. Lawyering in new developmentalism: legal professionals and the construction of the telecom sector in the emerging Brazil (1980s–2010s) Fabio de Sa e Silva and David M. Trubek.
£105.45
Cambridge University Press Intimations of Global Law
Book SynopsisA strain of law reaching beyond any bounded international or transnational remit to assert a global jurisdiction has recently acquired a new prominence. Intimations of Global Law detects this strain in structures of international law claiming a planetary scope independent of state consent, in new threads of global constitutional law, administrative law and human rights, and in revived notions of ius gentium and the global rule of law. It is also visible in the legal pursuit of functionally differentiated global public goods, general conflict rules, norms of ''legal pluralism'' and new legal hybrids such as the global law of peace and humanity law. The coming of global law affects how law manifests itself in a global age and alters the shape of our legal-ethical horizons. Global law presents a diverse, unsettled and sometimes conflicted legal category, and one which challenges our very understanding of the rudiments of legal authority.Table of Contents1. Why global law?; 2. Taking law to the world; 3. Seven species of global law; 4. The circuit of global law; 5. Intimations of global law; 6. Confronting global law.
£31.34
Cambridge University Press Amnesty in the Age of Human Rights Accountability
Book SynopsisThis edited volume brings together well-established and emerging scholars of transitional justice to discuss the persistence of amnesty in the age of human rights accountability. The volume attempts to reframe debates, moving beyond the limited approaches of ''truth versus justice'' or ''stability versus accountability'' in which many of these issues have been cast in the existing scholarship. The theoretical and empirical contributions in this book offer new ways of understanding and tackling the enduring persistence of amnesty in the age of accountability. In addition to cross-national studies, the volume encompasses eleven country cases of amnesty for past human rights violations: Argentina, Brazil, Cambodia, El Salvador, Guatemala, Indonesia, Rwanda, South Africa, Spain, Uganda and Uruguay. The volume goes beyond merely describing these case studies, but also considers what we learn from them in terms of overcoming impunity and promoting accountability to contribute to improvementsTrade Review"[This] book is a welcome contribution to the rapidly expanding field of transnational justice and to the menu of policy choice after gross violations of human rights." -- D.P. Forsythe, emeritus, University of Nebraska, Reviewing for Choice MagazineTable of ContentsPart I. Theoretical Framework: 1. The age of accountability: the rise of individual criminal accountability Kathryn Sikkink; 2. The amnesty controversy in international law Mark Freeman and Max Pensky; Part II. Comparative Case Studies: 3. Amnesties' challenge to the global accountability norm? Interpreting regional and international trends in amnesty enactment Louise Mallinder; 4. From amnesty to accountability: the ebbs and flows in the search for justice in Argentina Gabriel Pereira and Par Engstrom; 5. Barriers to justice: the Lley de Caducidad and impunity in Uruguay Francesca Lessa; 6. Resistance to change: Brazil's persistent amnesty and its alternatives for truth and justice Marcelo Torelly and Paulo Abrão; 7. De facto and de jure amnesty laws: the Central American case Naomi Roht-Arriaza and Emily Braid; 8. Creeks of justice: debating post-atrocity accountability in Rwanda and Uganda Phil Clark; 9. Accountability through conditional amnesty: the case of South Africa Antje du Bois-Pedain; 10. De facto amnesty? The example of post-Soeharto Indonesia Patrick Burgess; 11. A limited amnesty? Insights from Cambodia Ronald Slye; 12. The Spanish amnesty law of 1977 in comparative perspective: from a law for democracy to a law for impunity Paloma Aguilar; 13. Amnesty in the age of accountability Tricia D. Olsen, Leigh A. Payne and Andrew G. Reiter.
£37.99
Cambridge University Press Unequal Family Lives
Book SynopsisAcross the Americas and Europe, the family has changed and marriage is in retreat. To answer the question of what''s driving these changes and how they impact social and economic inequality, progressives have typically focused on the economic causes of changing family structures, whereas conservatives tend to stress cultural and policy roots. In this illuminating book, an international group of scholars revisit these issues, offering competing and contrasting perspectives from left, center, and right, while also adding a third layer of analysis: namely, the role of gender - changes in women''s roles, male employment patterns, and gendered family responsibilities - in driving family change across three continents. Unequal Family Lives: Causes and Consequences in Europe and the Americas adds richness and depth to our understanding of the relationship between family and economics in the United States, Europe, and Latin America. This title is also available as Open Access.Table of ContentsIntroduction Laurie F. DeRose, Naomi Cahn, June Carbone and W. Bradford Wilcox; Part I. The Increasingly Unequal Socioeconomic Character of Family Life: 1. Families unequal: socioeconomic gradients in family patterns across the US and Europe Marcia J. Carlson; 2. Family forms and social inequality in Latin America Albert Esteve and Elizabeth Flores Paredes; Part II. The Causes of Increasingly Diverging Family Structures: 3. How inequality drives family formation: the prima facie case Andrew J. Cherlin; 4. Universal or unique? Understanding diversity in partnership experiences across Europe Brienna Perelli-Harris; 5. Family structure and the decline of work for men in postwar America Nicholas Eberstadt; Part III. Consequences of Growing Divergence: 6. Single-mother families, mother's educational level, children's school outcomes: a study of 21 countries Anna Garriga and Paolo Berta; 7. Family structure and socioeconomic inequality of opportunity in Europe and the United States Diederik Boertien, Fabrizio Bernardi and Juho Härkönen; 8. Families and the wealth of nations: what does family structure have to do with growth around the globe? W. Bradford Wilcox and Joseph Price; Part IV. Bridging the Growing Family Divide: 9. Family policy, socioeconomic inequality and the gender revolution Fran Goldscheider and Sharon Sassler; 10. Where's the glue? Policies to close the family gap Richard V. Reeves; Part V. Commentary and Concluding Reflections: 11. The pathology of patriarchy and family inequalities Lynn Prince Cooke; 12. Concluding reflections: what does less marriage have to do with more family inequality? W. Bradford Wilcox; 13. Commentary/afterword/concluding thoughts on family change and economic inequality June Carbone and Naomi Cahn.
£95.00
Cambridge University Press ASEAN Law in the New Regional Economic Order
Book SynopsisThe fast-growing last decade of strong economic growth of the Association of Southeast Asian Nations (ASEAN) has played a critical role in Asia-Pacific regionalism and global trade. This book explores the concept of ASEAN law under the normative framework of the new regional economic order. It examines the roadmap of the new ASEAN Economic Community Blueprint 2025 by evaluating the impact of ASEAN trade agreements on domestic legislation on professional services, financial integration, investment disputes and digital trade. More importantly, it sheds light on the legal implications of ASEAN''s agreements with China and India and the potential developments of mega-regional trade agreements such as the CPTPP and the RCEP. Hence, the legal analysis and case studies in the book offer a fresh view of Asia-Pacific integration and bridge the gap between academia and practice.Trade Review'This volume makes a valuable contribution to debates on regional and international economic integration at a time when both are under threat. The editors have assembled an outstanding list of legal experts from across Asia and beyond to reflect on ASEAN, exploring questions of global relevance in areas including digital trade, investment liberalization, and financial integration.' Tania Voon, University of Melbourne'Edited by two leading experts in international economic law and regional integration, this volume is an indispensable resource for anyone interested in understanding ASEAN's implications for regional governance, as well as its impact on the future of goods, services and investment regulations in the Asia-Pacific and beyond.' Markus Wagner, University of Wollongong and Executive Vice President, Society of International Economic LawTable of ContentsPart I. ASEAN Agreements in the Global Context: 1. ASEAN law in the new regional economic order: an introductory roadmap to the ASEAN Economic Community Pasha L. Hsieh and Bryan Mercurio; 2. The ASEAN Trade in Goods Agreement: the evolution and regional implications Minh Hue Nguyen, Deborah Elms and Lavanya N.; 3. Building towards the RCEP? Reflections on the ASEAN-China FTA Heng Wang; 4. The dispute settlement mechanism in ASEAN's external agreements with China, Japan and Korea Henry Gao; Part II. Services Trade and Financial Integration: 5. Moving towards liberalization: the ATISA and beyond Bryan Mercurio; 6. Challenges of ASEAN MRAs on professional qualifications Yoshifumi Fukunaga; 7. Banking integration in ASEAN and the challenges of regulatory cooperation Federico Lupo-Pasini; 8. The shifting sands of capital market development and integration in ASEAN: the case of the Phillipines and Indonesia Michelle Dy; 9. Transnational legal services in Asia: legal implications of the AEC and the CPTPP Pasha L. Hsieh; 10. ASEAN air transport integration and liberalization: a slow but practical model Jae Woon Lee; Part III. Investment Liberalization and Protection: 11. Investment liberalization in ASEAN: moving from myths to reality Sufian Jusoh; 12. The ACIA: much more than a bit of protection for foreign investors? Julien Chaisse; 13. Fragmented approaches to investor-state dispute settlement mechanism in intra-ASEAN and extra-ASEAN investment treaties Trinh Hai Yen; 14. Pro-development dispute resolution mechanisms and norms for investments and commercial disputes in ASEAN Yip Man; 15. The AEC and regulatory reforms in CLMV countries with a special focus on Myanmar Nimnual Piewthongngam; Part IV. Intellectual Property, Digital Trade and Consumer Protection: 16. Free movement of goods and intellectual property exhaustion in ASEAN: a roadblock in the ASEAN way Irene Caboli; 17. Legal and regulatory challenges to facilitating e-commerce in ASEAN Eliza Mik; 18. Data localization and digital trade barriers: ASEAN in mega-regionalism Han-Wei Liu; 19. Consumer contracts and product safety law in Southeast Asia: partly trading up? Luke Nottage and Jeannie Paterson; 20. Conclusion: realizing the AEC Blueprint 2025 Pasha L. Hsieh and Bryan Mercurio.
£122.55
Cambridge University Press Property Law in a Globalizing World
Book SynopsisProperty Law in a Globalizing World identifies the paramount challenges that contemporary processes of globalization pose for the study and practice of property law. It offers a straightforward analysis of legal scenarios implicating cross-border property rights, covering a broad range of resources, from land, goods, and intangible financial assets to intellectual property, data, and digital assets. This is the first scholarly book offering a detailed study of legal strategies that can decrease the gap between the domestic tenets of property law and the cross-border nature of markets, interpersonal networks, and technology. It shows how strategies of soft law, conflict of laws, approximation, and supranationalism rely to various degrees on cross-border property norms and institutions, and studies the proprietary features of security interests and priorities to assets in insolvency in a global setting. It also shows how digital technology such as blockchain can revolutionize the system of cross-border property rights.Table of ContentsIntroduction; 1. Why property law needs globalization strategies; 2. Local to global: an institutional analysis; 3. Land; 4. Tangible goods, monetary claims, investment securities; 5. Intellectual property, data, and digital assets; 6. Security interests and proprietary priorities in insolvency.
£95.00
Cambridge University Press Social Computing and the Law
Book SynopsisThis innovative book sets itself at the crossroads of several rapidly developing areas of research in legal and global studies related to social computing, specifically in the context of how public emergency responders appropriate content on social media platforms for emergency and disaster management. The book - a collaboration between computer scientists, ethicists, legal scholars and practitioners - should be read by anyone concerned with the ongoing debate over the corporatization and commodification of user-generated content on social media and the extent to which this content can be legally and ethically harnessed for emergency and disaster management. The collaboration was made possible by EU''s FP 7 Project Slandail (# 607691, 201417).Table of Contents1. Introduction; 1.1. A note on terminology; 1.2. Security, privacy, and dignity during an emergency; 1.3. Our contribution: disasters, technology, law and ethics; 1.4. Structure of the book; 2. Social computing systems and ethical considerations; 2.1. Introduction; 2.2. Key ethical challenges posed by social computing systems; 2.3. Technology mediated protection of data and persons; 2.4. Conclusion; 3. Internet laws; 3.1. Introduction; 3.2. Internet governance systems: self-regulation, technical regulation and governmental regulation; 3.3. Ownership of personal data harvested from social computing systems; 3.4. Protection for monitoring and harvesting information on social media; 3.5. Summary findings; 4. Copyright law and data protection law; 4.1. Introduction; 4.2. EU copyright directives and German copyright law; 4.3. The ontology of copyright; 4.4. Copyright and exceptional circumstances: disaster management; 4.5. Exceptions and limitations; 4.6. Summary; 5. EU human rights framework; 5.1. Introduction; 5.2. Approach; 5.3. Disaster management and human rights; 5.4. EU fundamental rights framework and disaster management; 5.5. Conclusion; 6. Conclusion: legally using social computing streams and privacy protection; 6.1. Introduction; 6.2. Social computing analysis in exceptional circumstances; 6.3. Checklist of legal issues; 6.4. Risk analysis; 6.5. Conclusion.
£95.00
Cambridge University Press Duelling for Supremacy
Book SynopsisIt is a settled rule of international law that a State may not rely on the provisions of its ''internal law'' as justification for failing to comply with international obligations. However, the judiciaries of most countries, including those with a high record of compliance with international norms, have increasingly felt the need to preserve the area of fundamental principles, where the State''s inclination to retain full sovereignty seems to act as an unbreakable ''counter-limit'' to the limitations deriving from international law. This volume explores this trend by adopting a comparative perspective, addressing the question of how conflicts between international law and national fundamental principles are dealt with and resolved within a specific legal system. The contributing authors identify common tendencies and fundamental differences in the approaches and evaluate the implications of this practice for the future of the principle of supremacy of international law.Table of Contents1. Introduction Fulvio Maria Palombino; 2. Brasil Paula Almeida; 3. Canada Stéphane Beaulac; 4. China Pierfrancesco Rossi; 5. France Raphaële Rivier; 6. Germany Niels Petersen; 7. Greece Mariela Apostolaki and Antonios Tzanakopoulos; 8. India Vinai Singh; 9. Indonesia Simon Butt; 10. Israel Yuval Shany; 11. Italy Daniele Amoroso; 12. Japan Hajime Yamamoto and Yota Negishi; 13. Mexico Francisca Pou Giménez and Alejandro Rodiles; 14. Netherlands André Nollkaemper and Rosanne van Alebeek; 15. Nigeria Babafemi Akinrinade; 16. Russia Maria Smirnova; 17. South Africa Hannah Woolaver; 18. Turkey Ikboljon Qoraboyev and Emre Turkut; 19. United Kingdom Eirik Bjorge and Ewan Smith; 20. United States David Sloss; 21. Conclusions Fulvio Maria Palombino.
£122.55
Cambridge University Press Encyclopedia of Transitional Justice 3 Volume Hardback Set
£351.50
Cambridge University Press Colonialism NeoColonialism and AntiTerrorism Law in the Arab World
Book SynopsisThe threat of personal harm and destruction from terrorist attacks is nowhere near as great as in Arab nations. However, are counter-terrorism laws in the Arab world formulated and enforced to protect or oppress? Colonialism, Neo-Colonialism, and Anti-Terrorism Law in the Arab World examines the relationship between Western influence and counter-terrorism law, focusing on the Arab world, which is, on the one hand, a hostile producer of terrorist organizations, and on the other, a leader in countering ''terrorism''. With case studies of Egypt and Tunisia, Alzubairi traces the colonial roots of the use of coercion and extra-legal measures to protect the ruling order, which are now justified in both the West and the Arab world in the name of counter-terrorism. Colonialism, Neo-Colonialism, and Anti-Terrorism Law in the Arab World provides important lessons for counter-terrorism, not just in these countries but also elsewhere in the world.Trade Review'An excellent examination of the neglected but vital subject of counter-terrorism in the Arab world and an essential text in the field of comparative counter-terrorism. A must read for all those interested in understanding the effects of both counter-terrorism and colonialism in both Egypt and Tunisia.' Kent Roach, Prichard Wilson Chair in Law and Public Policy, University of Toronto, author of Comparative Counter-Terrorism'This is an extremely timely and cogent investigation into the origins, development and current deployment of counter-terrorism law and policy in Egypt and Tunisia. The application of colonial and neo-colonial lenses to Arab states' counter-terrorism legislation underlies a compelling account of the ways in which these current laws and practices fit into today's global power dynamics.' Lynn Welchman, School of Oriental and African Studies, University of London'Overall, Alzubairi's study is certainly a remarkable scholarly work that adds crucial value to our knowledge of the genesis and genealogy of antiterrorism and counterterrorism in the Global South and the Arabic Middle East … which represents a premium contribution to the body of literature in the fields of terrorism and Middle Eastern studies.' Ahmed M. Abozaid, Terrorism & Political ViolenceTable of ContentsIntroduction; 1. On imperialism, colonialism and neo-colonialism; 2. Terrorism and counter-terrorism at the international level: a challenge in the post-colonial world; 3. Terrorism and counter-terrorism in the Arab world; 4. The Colonial and neo-colonial experience in Egypt; 5. Counter-terrorism in Egypt; 6. The colonial and neo-colonial experience in Tunisia; 7. Counter-terrorism in Tunisia; Conclusions.
£95.00
Cambridge University Press Beyond Minimum Harmonisation
Book SynopsisThis book explains the functioning of shared competences in environmental protection by focusing on member states'' interaction with the EU framework. By studying this interaction, Squintani reveals room for improving the level of environmental protection, legal certainty, and efficiency of the system for environmental protection envisaged under the EU Treaties. Accordingly, this book makes a contribution to EU environmental law and policy, but also should be of interest to constitutional lawyers more generally and to scholars working in any field of EU policy and law in which minimum harmonisation is used. Thanks to its focus and clear, accessible prose, this book is also valuable additional reading material for environmental law courses, and to those involved in decision-making in the EU.Table of ContentsIntroduction: minimum harmonisation in European environmental law; 1. Gold-plating: a misleading overarching concept; 2. Green-plating and environmental protection; 3. Green-plating and legal certainty; 4. Green-plating and economic development; Conclusions: proceduralising member states' choice regarding green-plating.
£95.00
Cambridge University Press Special Needs Financial Planning
Book SynopsisCountries around the world are facing pressing needs to enhance financial planning mechanisms for individuals with cognitive impairment. The book provides the first comparative study of the three most common of such mechanisms in Asia and the West, namely guardianship, enduring/lasting powers of attorney, and special needs trusts. It involves not only scholarly overviews of the mechanisms in the jurisdictions studied, but also thorough, structured and critical reviews of their operational experiences. This book will have broad appeal to scholars, students, law and policy makers and practitioners in the fields of mental disability, healthcare and elder law. It is widely recognised in the field that books like this one are needed. This book will also be of interest to undergraduate and graduate students in mental health, disability law and elder law.Table of ContentsPart I. Adult Guardianship: 1. Adult guardianship and other financial planning mechanisms for people with cognitive impairment in Australia Terry Carney; 2. The role of guardianship in the special needs plan in Saskatchewan, Canada James H. Gillis; 3. Japanese adult guardianship laws: developments and reform initiatives Makoto Arai; 4. The use of trusts in Taiwan's adult guardianship system Tai Yu-Zu; Part II. Lasting/Enduring Power of Attorney: 5. Adult guardianship and powers of attorney in England and Wales Denzil Lush; 6. Supported decision-making and enduring powers: innovations in Ireland Áine Hynes; 7. Developments in enduring powers of attorney law in Australia Trevor Ryan; 8. Financial planning mechanisms available to persons with special needs in Singapore Tang Hang Wu; Part III. Special Needs Trust: 9. What will happen when I'm gone? Dana Katherine Birkes; 10. The Wispact Trusts: making a difference in a means-tested support system Roy Froemming; 11. SNTC's operational experience as Singapore's first non-profit trust company Esther Tan and Amelia Leo; 12. A new perspective in adult guardianship and trusts in Korea Cheolung Je; 13. Reforming enduring powers and launching a special needs trust in Hong Kong Lusina Ho and Rebecca Lee.
£76.00
Cambridge University Press The Cambridge Handbook of Copyright in Street Art and Graffiti
Book SynopsisIn recent years, the number of conflicts related to the misuse of street art and graffiti has been on the rise around the world. Some cases involve claims of misappropriation related to corporate advertising campaigns, while others entail the destruction or ''surgical'' removal of street art from the walls on which they were created. In this work, Enrico Bonadio brings together a group of experts to provide the first comprehensive analysis of issues related to copyright in street art and graffiti. Chapter authors shed light not only on the legal tools available in thirteen key jurisdictions for street and graffiti artists to object to unauthorized exploitations and unwanted treatments of their works, but also offer policy and sociological insights designed to spur further debate on whether and to what extent the street art and graffiti subcultures can benefit from copyright and moral rights protection.Trade Review'This book paints a rich picture of the meeting of street art and copyright law. It explores social norms within the subversive artistic community and the friction with external players. The chapters offer an eye-opening tour of urban spaces, and uncover the social and legal layers behind the city's biting art.' Michael Birnhack, University of Tel Aviv'With the explosion of street art emerging on the walls of our cities and circulating through our social media feeds, this book is a timely and informative examination of the copyright law and policy issues that street art and graffiti generate, and the diverse interests that they impact.' Jani McCutcheon, University of Western Australia'From Banksy to Hosier Lane to legal disputes involving 5Pointz and H&M, this timely volume tackles challenging copyright and related questions concerning street art and graffiti. The collected essays feature authors with diverse geographical and disciplinary backgrounds. Whether you are a street art aficionado, student in fine art or commentator on copyright law, this book will provoke you to rethink the legal treatment of unconventional forms of cultural heritage.' Peter K. Yu, Director, Center for Law and Intellectual Property, Texas A & M University'Street art and the law have danced many a pas de deux over the past few decades. Now, with The Cambridge Handbook of Copyright in Street Art and Graffiti, Enrico Bonadio and his contributors reveal the next step in this dance: the interplay of street art and copyright law. As street art and graffiti increasingly cross over into the worlds of commerce and popular culture, complex issues of ownership, authenticity, and copyright arise - and with them, the scholarly importance of this book. Sweeping across courts, countries, and continents, this book choreographs a critical, comparative understanding of street art's contemporary legal milieu.' Jeff Ferrell, author of Crimes of Style: Urban Graffiti and the Politics of Criminality'What an amazing and highly original collection of works by Enrico Bonadio and his impressive cast of collaborators ranging from graffiti artists and lawyers to academics. This book should be read by everybody with an interest in the theory and practice of art, copyright, creativity, and comparative law.' Uma Suthersanen, Chair in International Intellectual Property Law, Queen Mary University of London'Enrico Bonadio brings together a host of academic opinions on graffiti and street art, specifically the copyright and moral rights issues which have reared their heads since the early 2000s, creating a handbook which is enjoyable, comprehensive, and varied enough to maintain the reader's interest throughout.' Aislinn O'Connell, European Intellectual Property Review'The diverse group of legal experts … and art scholars … assembled present a broad spectrum of viewpoints on the intellectual property rights merited by street art and graffiti … The book is provocative and authoritative.' L. C. Duhon, ChoiceTable of ContentsPart I. Creativity in the Street Between Misappropriation and Destruction: The Role of Copyright and Moral Rights; Section 1. A Sociological Perspective: 1. A set of premises for the scrutiny and interpretation of graffiti and street art Heitor Alvelos; 2. Graffiti and street art: creative practices amid 'corporatization' and 'corporate appropriation' Ronald Kramer; 3. Decontextualisation of street art Peter Bengtsen; Section 2. Some Preliminary Legal and Policy Issues: 4. Copyright protection of illegal street and graffiti artworks Paula Westenberger; 5. Conservation of street art, moral right of integrity and a web of conflicting interests Enrico Bonadio; 6. Works and walls: graffiti writing and street art at the intersection of copyright and land law Marta Iljadica; Part II. National Legal Analysis: Section 1. Americas: 7. Street art, graffiti and copyright: a US perspective Enrico Bonadio; 8. Graffiti, street art, walls, and the public in Canadian copyright law Pascale Chapdeleine; 9. Copyright protection for graffiti and street art: a Colombian perspective Marcela Palacio Puerta; Section 2. Europe: 10. Street art, graffiti and copyright: a UK law perspective Enrico Bonadio; 11. Graffiti, street art and copyright in France Shane Burke; 12. Germany Marc Mimler; 13. Copyright in street art and graffiti: an Italian perspective Enrico Bonadio and Gilberto Cavagna Di Gualdana; 14. Copyright in street art and graffiti in The Netherlands Anke Moerland and Stéphanie De Potte; 15. Copyright protection of street art and graffiti in Greece: intellectual property and personal property in conflict? Stavroula Karapapa; Section 3. Africa, Asia and Australasia: 16. Graffiti and street art under South African copyright law Tobias Schonwetter and Bram Van Wiele; 17. Street art, graffiti, and Indian copyright law Nandita Saikia; 18. Copyright in street art and graffiti: an Australian perspective Mark Davidson; 19. Copyright, graffiti, and street art in Aotearoa New Zealand Jonathan Barrett; Epilogue. A contrasting opinion: 20. Copyright skepticism and street art: a contrasting opinion Andrea Baldini.
£166.25
Cambridge University Press Adapting International Criminal Justice in Southeast Asia
Book SynopsisHow is international criminal law adapted across time and space? Which actors are involved and how do those actors seek to prosecute atrocity crimes? States in Southeast Asia exhibit a range of adapted approaches toward prosecuting international crimes. By examining engagement with international criminal justice especially in Cambodia, the Philippines, Indonesia, and Myanmar, this book offers a fresh and comprehensive approach to the study of international criminal law in the region. It nuances categories of the ''global'' and ''local'' and demonstrates how norms can be adapted in multiple spatial and temporal directions beyond the International Criminal Court. It proposes a shift in the focus of those interested in international criminal justice toward recognising the opportunities and expertise presented by existing adaptive responses to international crimes. This book will appeal to scholars, practitioners and advocates interested in international criminal law, international relations, transitional justice, civil society, and law in Southeast Asia.Trade Review'At a time when support for the ICC has waned in regions where it was once strong, Emma Palmer explores the impact of international criminal justice in a region which has the world’s lowest rate of Rome Statute ratifications. Just as the conviction of Habre in Dakar, and the removal and prosecution of Bashir in Khartoum, gives us hope for justice outside The Hague, Palmer’s excellent in-depth research of four countries resistant to the formal global system shows that international norms are being adapted and having a protective impact at the local level.' Stephen Rapp, former US Ambassador for global criminal justice, and international prosecutor for Rwanda and Sierra Leone'Despite the fact that international criminal justice instruments are not popular in Southeast Asia, this book has argued convincingly that the region’s state engagement with international standards has been done and evolved beyond signatory and ratification. Ms Palmer's deep understanding of Southeast Asia context has guided us to understand the dynamics process of adapting international criminal justice at the domestic level, which often deals with the discourses related to sovereignty, development, human rights and the rule of law, and the promotion of peace and stability. This book is not only important and needed for the region's debates but also timely!. I would like to thank Ms Palmer for writing this topic and strongly recommend this book to those who are working and interested in the global-local relationship between the states of Southeast Asia and international criminal law.' Yuyun Wahyuningrum, Representative of Indonesia to the ASEAN Intergovernmental Commission on Human Rights (AICHR) (2019-2021)‘Emma Palmer makes a fresh and welcome contribution to our understanding of the dynamics of international criminal justice in the Asia-Pacific and the way that this has been adapted to local contexts. Her application of an adapted 'localisation theory' to four Southeast Asian examples - Cambodia, Indonesia, the Philippines and Myanmar - is sensitive and insightful, yet challenging and thought-provoking.' Suzannah Linton, Professor of International Law‘Emma Palmer has invested enormous time and effort in the region of Southeast Asian to engage with and to understand approaches to international criminal justice in our part of the world. Her investment manifests in an authentic and insightful analysis of four case studies: Cambodia, the Philippines, Indonesia and Myanmar. This rich and nuanced comparative study is a wonderful contribution to the literature - in stark contrast to overly-simplistic and much less granular analyses.’ Tim McCormack, Dean of the University of Tasmania Law School and Special Adviser on International Humanitarian Law to the Prosecutor of the International Criminal‘Dr Palmer’s field work is as impressive as it is comprehensive, resulting in exceptionally interesting information and insightful analysis. I highly recommend Adapting International Criminal Justice in Southeast Asia ...’ Michael G. Karnavas, International Criminal LawTable of Contents1. Localising International Criminal Justice in Southeast Asia; 2. Engaging with International Criminal Law alongside an Internationalised Tribunal: Cambodia; 3. Implementing International Criminal Accountability in the Philippines; 4. Engaging with International Criminal Law as a Non-State Party: Indonesia; 5. International Criminal Justice in “Transition” – Myanmar; 6. Adapting International Criminal Justice in Southeast Asia; Appendix A. Table of Ratifications; Appendix B. Table of Interviews; Appendix C. Southeast Asia: Domestic Legislation, Bills and Regulations and Sources; List of references; Index.
£95.00
Cambridge University Press Independence and Accountability of the Indian Higher Judiciary
Book SynopsisThe Supreme Court of India is a powerful institution at the forefront of public attention in India. It is often engaged in a bitter duel with the government on issues as diverse as the administration of cricket in India to whether liquor shops are allowed on highways. Despite such public prominence, very little attention has been paid to who the judges of the Supreme Court are, how they are appointed, transferred and removed, and what they do after retirement. This book provides an account of these four facets of judicial functioning and analyses the processes in operation today. It argues that each of these four aspects gives rise to significant concerns pertaining to judicial independence, accountability, or both. Its main argument is that both judicial independence and accountability are necessary for ''an effective judiciary'', and these two values are not in conflict with each other as is commonly assumed.Table of ContentsAcknowledgements; Table of abbreviations; Table of cases; Table of statutes; 1. Introduction; Part I. The Indian Experience: 2. Pre-tenure questions: appointments to the higher judiciary; 3. In-tenure questions: mechanisms for judicial discipline; 4. Post-tenure questions: post-retirement appointments of judges by government; Part II. A Conceptual Analysis: 5. Judicial accountability; 6. Judicial independence; 7. In search of an effective judiciary: a doctrinal reconciliation of judicial independence and accountability; Part III. Typing the Strands: 8. Harmonising judicial independence and judicial accountability in India; 9. Conclusion: a reform proposal for the Indian higher judiciary; Epilogue: the moment the judiciary came out; Appendix: post-retirement employment of judges in government appointed positions; Bibliography; Index.
£90.25
Cambridge University Press The Cambridge Handbook of Class Actions
Book SynopsisThis volume is for academics, lawyers, and policymakers seeking to understand some of the biggest lawsuits across the world. Contributing authors describe and assess class action procedure (or its equivalent) in nearly two dozen countries, provide empirical data on how regions are implementing the procedure, and make recommendations for reform.Trade Review'The Cambridge Handbook of Class Actions: An International Survey is distinctive in collecting within a single volume penetrating analyses of developments around the globe bearing on the conduct of class actions and their analogs. This collection is not just a valuable research source, it is a story of how diverse legal cultures have traveled toward a common goal: the efficient and trustworthy resolution of mass claims.' James D. Cox, Brainerd Currie Professor of Law, Duke University'Countries around the world have come to realize that some mechanism for aggregating the similar claims of multiple litigants is crucial for access to justice. Fitzpatrick and Thomas have put together an essential collection of materials on global experimentation - including the US experience - that addresses both the promise and the challenge of finding the right policy balance.' Donald Langevoort, Thomas Aquinas Reynolds Professor of Law, Georgetown Law'This volume analyzing the development of methods to aggregate cases in courts is itself an impressive aggregation of jurisdictions and perspectives that permits readers to understand the need for the use of class actions and the challenges that multi-party, group-based actions entail.' Judith Resnik, Arthur Liman Professor of Law, Yale Law SchoolTable of Contents1. The U.S. Class Action from a Utilitarian Perspective: Balancing Social Benefits and Social Costs Robert G. Bone; 2. Civil Rights, Access to Counsel, and Injunctive Class Actions in the United States Maureen Carroll; 3. Class Action Nuisance Suits: Evidence from Frequent Filer Shareholder Plaintiffs Sean J. Griffith; 4. The Future of Aggregate Litigation in the United States Robert Klonoff; 5. Mandatory Arbitration of Intra-Corporate Disputes in Brazil: A Beacon of Light for Shareholder Litigation? Patricia Gil Lemstra and Joseph A. McCahery; 6. Cold Facts from the Great White North: Empirical Truths, Contemporary Challenges and Class Action Reform Jasminka Kalajdzic and Catherine Piché; 7. Class Action in Brazil: Overview, Current Trends and Case Studies Carlos Portugal Gouvêa and Helena Campos Refosco; 8. English Systems of Multi-Party Litigation Neil Andrews; 9. Class Actions in Switzerland Beat Bräendli; 10. Class Actions in Belgium Hans De Wulf; 11. The New Italian Regulation on Class Actions Paolo Giudici and Beatrice Zuffi; 12. Collective Litigation in German Civil Procedure Axel Halfmeier; 13. Class Action à la Française Maria José Azar-Baud and Véronique Magnier; 14. The Solid Dutch Mechanisms for Collective Settlement C.F. Van der Elst and W.C.T. Weterings; 15. The Emergence and Reform of the New Zealand Class Action Nikki Chamberlain and Susan Watson; 16. Representative Proceedings in Singapore: Is the Time Ripe for Reform? Eunice Chua; 17. Class Action in China: Challenges and Opportunities Robin Hui Huang; 18. Class Actions in Australia Michael Legg and Samuel J. Hickey; 19. Empirical and Practical Perspectives on 27 Years of Product Liability Class Actions in Australia Julian Schimmel, Maurice Blackburn Lawyers, Nina Abbey and Vincent Morabito; 20. Securities Class Actions in Korea Hai Jin Park and Hyeok-Joon Rho; 21. A Review of the Current Status of, and Future Issues Facing, Consumer Class Action Systems in Japan Taeko Morita, Daisuke Eguchi, Nishimura and Asahi; 22. The Indian Securities Fraud Class Action: Is Class Arbitration the Answer? Brian T. Fitzpatrick and Randall Thomas; 23. Class Actions in South Africa: A Need for Certainty Theo Broodryk; 24. Class Actions and the Regulatory State – Lessons from Israel Shay Lavie; 25. The Israeli Public Class Action Fund: New Approach for Intergrating Business and Social Responsibility Eli Bukspan.
£170.05
Cambridge University Press The Cambridge Handbook of Judicial Control of Arbitral Awards
Book SynopsisA unique collaboration between academic scholars, legal practitioners, and arbitrators, this handbook focuses on the intersection of arbitration - as an alternative to litigation - and the court systems to which arbitration is ultimately beholden. The first three parts analyze issues relating to the interpretation of the scope of arbitration agreements, arbitrator bias and conflicts of interest, arbitrator misconduct during the proceedings, enforceability of arbitral awards, and the grounds for vacating awards. The next section features fifteen country-specific reviews, which demonstrate that, despite the commonality of principles at the international level, there is a significant of amount of differences in the application of those principles at the national level. This work should be read by anyone interested in the general rules and principles of the enforceability of foreign arbitral awards and the grounds for courts to vacate or annul such awards.Trade Review'The most valuable feature of this excellent work is that it will be a very efficient and reliable source of information for lawyers coming from jurisdictions having different laws and practices on topics of great importance in the contemporary world of international arbitration. This will be a notable contribution to further development of this way of dispute settlement.' Professor Alexander S. Komarov, Member of the Presidium of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation'This valuable new sourcebook provides a detailed look at the zones of intersection between state courts and arbitration including conflicts of interest, arbitrator misconduct, and the enforcement of arbitration agreements and awards. A notable feature of the book is the country reports on judicial control of arbitration in 15 major jurisdictions. The book will prove to be a useful reference for practitioners and a source of rich insights for students and scholars of comparative international law. I highly recommend it.' Dr. Michael Moser, Twenty Essex Chambers, Past Chairman, Hong Kong International Arbitration Centre'The intersection between arbitration and courts is at a procedural crossroad that is critically relevant in both theory and practice. The analyses collected in this book offer a unique and invaluable guidance to those who find themselves at this intersection.' Tibor Várady, Emeritus Professor Emory University and Emeritus Professor Central European University'… the book is an interesting and enlightening collection of essays and will be of value to practitioners, scholars, and students looking for specific guidance on discrete issues as well as a broad overview of the international arbitration universe.' Michail Risvas, Journal of World Investment & TradeTable of ContentsPart I. Vacating Commercial Arbitration Awards: 1. Introduction: Intersection of courts and arbitration Marta Infantino, Nathalie Potin and Larry A. Dimatteo; 2. Independence and impartiality of arbitrators Carlos Matheus López; 3. Exploring the parameters of conflicts of interest Nathalie Potin and Tunde Ogunseitan; 4. Procedural irregularities and misconduct during proceedings Alexander Belohlavek; Part II. Enforcing Commercial Arbitration Awards: 5. Inter-arbitration association conflict Richard Happ; 6. Requirements for enforceability Daìrio Manuel Lentz De Moura Vicente; Part III. Scope and Interpretation of Arbitration Clauses: 7. Judicial interpretation of standard clauses Rocio Digon and Tony Cole; 8. Industry-specific clauses and their interpretation Alexandra-Luiza Ionescu (Mareș); 9. Drafting, interpretation, and enforcement of arbitration clauses: a practitioner's perspective Philippe Cavalieros; Part IV. Judicial Control over Arbitral Awards: Country Reports: 10. Judicial control of arbitral awards in Argentina Maria Beatriz Burghetto; 11. Judicial control of arbitral awards in Australia Luke Nottage, Nobumichi Teramura and Jim Morrison; 12. Judicial control of arbitral awards in Bulgaria Oleg Temnikov; 13. Judicial control of arbitral awards in China Lei Chen and Wang Hao; 14. Judicial control of arbitral awards in France Denis Bensaude; 15. Judicial control of arbitral awards in Germany Joseph Schwartz; 16. Judicial control of arbitral awards in Italy Marta Infantino; 17 Judicial control of arbitral awards in Nigeria Tunde Ogunseitan and Nathalie Potin; 18. Judicial control of arbitral awards in Poland Jerzy Pisuliński and Piotr Tereszkiewicz; 19. Judicial control of arbitral awards in the Russian Federation Dmitry Dozhdzev; 20. Judicial control of arbitral awards in Spain Teresa Rodriguez De Las Heras Ballell; 21. Judicial control of arbitral awards in Switzerland Phillip Landolt; 22. Judicial control of arbitral awards in Ukraine Galyna Mykhailiuk; 23. Judicial control of arbitral awards in United Kingdom Andrew Tetley; 24. Judicial control of arbitral awards in the United States Larry A. Dimatteo; Part V. Summary and Findings: 25. Divergence, themes, and trends in national arbitration laws Nathalie Potin, Marta Infantino and Larry A. Dimatteo; 26. Shared control system over arbitral proceedings Friedrich Rosenfeld.
£206.15
Cambridge University Press Reconstructing Rights
Book SynopsisJudges often behave in surprising ways when they re-interpret laws and constitutions. Contrary to existing expectations, judges regularly abandon their own established interpretations in favor of new understandings. In Reconstructing Rights, Stephan Stohler offers a new theory of judicial behavior which demonstrates that judges do not act alone. Instead, Stohler shows that judges work in a deliberative fashion with aligned partisans in the elected branches to articulate evolving interpretations of major statutes and constitutions. Reconstructing Rights draws on legislative debates, legal briefs, and hundreds of judicial opinions issued from high courts in India, South Africa, and the United States in the area of discrimination and affirmative action. These materials demonstrate judges'' willingness to provide interpretative leadership. But they also demonstrate how judges relinquish their leadership roles when their aligned counterparts disagree. This pattern of behavior indicates thaTrade Review'… Stohler provides a compelling argument for recognizing and understanding constitutional interpretation through the lens of deliberative partnerships. It is well-researched and well-written with a rich body of evidence that I strongly recommend for scholars and students in political science and law, particularly those concerned with questions of interbranch relationships, constitutional interpretation, and comparative studies.' Allyson C. Yankle, Law and Politics Book ReviewTable of ContentsPart I. Introduction: 1. The politics of legal interpretation; Part II. United States of America: 2. Equality rights in American education and public spending; 3. Equality rights in American employment; 4. Equality rights in American representation; Part III. India: 5. Equality rights in Indian employment; 6. Equality rights in Indian education; Part IV. South Africa: 7. Equality rights in South Africa; Part V. Conclusion: 8. Conclusion; Bibliography; Index.
£89.29
Cambridge University Press Sustainability and Corporate Mechanisms in Asia
Book SynopsisThis is the first book to provide a comparative and critical analysis of why and how six corporate mechanisms - (1) sustainability reporting; (2) board gender diversity; (3) constituency directors; (4) stewardship codes; (5) directors'' duty to act in the company''s best interests; and (6) liability on companies, shareholders and directors - have been or can be used to promote sustainability in the four leading common law jurisdictions in Asia (Singapore, Hong Kong, India and Malaysia). A central challenge is, whether and if so, how the corporate mechanisms should be reconceptualised to promote sustainability in an environment that is characterised by controlling shareholders, particularly the government in state-owned enterprises. Because controlling shareholders are the norm for the majority of the world''s companies, and state-owned enterprises play a significant role, this book has important insights on the problems and prospects of advancing sustainability in concentrated and mixed ownership jurisdictions.Trade Review'Sustainability and Corporate Mechanisms in Asia is an important, erudite and accomplished work. It should be read by the very directors, C-suite executives, policy makers and leaders responsible for corporate social responsibility in the very companies which are the focus of his book. I recommend it without hesitation to anybody who has an interest or stake in corporations and sustainability in Asia. Because, as Lim has eloquently and persuasively argued throughout his book, there is not only a clear and positive correlation between sustainability and a company's financial performance, but because corporate sustainability 'is a morally good thing to do'.' Edmund Lee, Modern Law Review'Ernest Lim has written a uniquely important and informative book on sustainability in Asia. It sets out the case for sustainability and the way in which it can be effectively implemented with exceptional clarity and insight. It will be an invaluable guide for those interested in the principles, practices and policies that should guide the adoption of sustainability in Asia.' Colin Mayer, CBE, FBA, Peter Moores Professor of Management Studies, Saïd Business School, University of Oxford, and Academic Lead, British Academy Future of the Corporation Programme'In this important contribution, Professor Ernest Lim shifts the academic debate about corporate sustainability from a focus on corporate actors and their behavior to a focus on corporate governance and legal mechanisms. The book identifies six such mechanisms - sustainability reporting, board gender diversity, constituency directors, stewardship codes, director duties, and liability - and provides a comprehensive, clear, and cogent analysis of their use in Hong Kong, India, Malaysia, and Singapore. Professor Lim also draws broader lessons about these mechanisms for corporate governance, including the role of state-owned enterprises and controlling shareholders.' Frank Partnoy, Adrian A. Kragen Professor of Law, University of California, Berkeley School of Law'The obligations of businesses to play a leading role in addressing our global climate crisis are increasingly pressing. Yet the scope and contours of those obligations remain ill-defined. Professor Lim's careful and thorough work brings precious clarity. His work will be helpful and enlightening to scholars, business leaders, governments, and NGOs across Asia - and beyond.' Kent Greenfield, Dean's Distinguished Scholar, Boston College Law School'Professor Lim's highly original work adds important nuances to the ongoing debates through its convincing demonstration that the common law family is a far more heterogeneous group in respect of corporate sustainability than assumed by advocates of the 'legal origins matter' thesis … His rich and nuanced account of how these mechanisms have intertwined and interacted with broader institutional conditionalities in the four jurisdictions in addressing the sustainability question is solidly grounded in the comparative literature while revealing a distinctive Asian perspective. Importantly, the case studies offer fresh comparative insights with implications that go beyond the four surveyed jurisdictions.' Xi Chao, Journal of Comparative LawTable of Contents1. Introduction and overview; 2. Sustainability reporting; 3. Board gender diversity; 4. Constituency directors; 5. Stewardship codes; 6. Directors' duty to act in the best interests of the company; 7. Liability of companies, shareholders and directors; 8. Conclusion.
£105.45
Cambridge University Press Reforming Family Law
Book SynopsisAs the only area of law that is still commonly termed ''Islamic law'', family law is one of the most sensitive and controversial legal areas in all Muslim-majority countries. Morocco and Jordan both issued new family codes in the 2000s, but there are a number of differences in the ways these two states engaged in reform. These include how the reform was carried out, the content of the new family codes, and the way the new laws are applied. Based on extensive fieldwork and rich in sources, this book examines why these two ostensibly similar semi-authoritarian regimes varied so significantly in their engagement with family law. Dörthe Engelcke demonstrates that the structure of the legal systems, shaped by colonial policies, had an effect on how reform processes were carried out as well as the content and the application of family law.Trade Review'With a highly engaging writing style, Dörthe Engelcke takes us into the heart of family law reform in Jordan and Morocco. She shows how these two seemingly similar monarchies faced similar problems at the same time and yet ended with very different results. The book blends the best of political science, law, and anthropology with incisive analysis and insights from extensive fieldwork.' Kristen Stilt, Harvard University, Massachusetts and author of Islamic Law in Action'Engelcke's comprehensive approach … shows that a different history marked by a distinct break with past foreign dominations - the Ottomans, French or British colonial rule - has shaped the current legal and judicial system … Engelcke's book is an important and most welcome contribution to the understanding of law making and reform processes in Arab monarchies as well as republics in the Middle East and North Africa.' Irene Schneider, University of Göttingen'Based on an award winning doctoral thesis, Reforming Family Law provides a remarkable insight into the mechanics and reasons for the relative successes and failures of the efforts to reform family law in Morocco and Jordan. Based on meticulous fieldwork in both countries, it sets out clearly and persuasively how and why Morocco was able to liberalise successfully its family code in 2004 when efforts to achieve the same in Jordan over the same period fell short despite the two countries having so much in common. Engelcke deftly explores and explains the various factors that influenced the process in the two states producing a study that makes not only a major contribution to the study of legal reform in the Arab world but also offers valuable perspectives on gender, society, governance and politics in the region.' Michael Willis, University of Oxford'Even a casual reader will be impressed by the depth of the research and the breadth of the expertise on display in this book. But a careful reader will be even more profoundly rewarded. Engelcke provides a model of how to study family law, carefully examining the text without ever losing sight of the political and historical context. In understanding the diverse ways laws work - and how they might be changed - she shows how we need to integrate our understanding of what the law says with the surprising complexities of how it developed over time and who is deploying it today.' Nathan Brown, George Washington University'Reforming Family Law will be a great resource to Middle East studies scholars. It is clear that the book is the result of meticulous research … And one of the strengths of the book comes from the semi-structured interviews with judges, clerks, and members of religious and civil government units, women's groups, and Islamist organizations that animate and challenge state narratives about family law reform. The book will prove generative in both undergraduate and graduate seminars on the Middle East and North Africa.' Eda Pepi, International Journal of Middle East StudiesTable of Contents1. Introduction; 2. Colonial legal legacies and state-building; 3. The contemporary legal systems; 4. The impact of international law; 5. The process of family law reform in Jordan; 6. The process of family law reform in Morocco; 7. Contested issues of Jordanian family law; 8. Contested issues of Moroccan family law; 9. The implementation of the 2004 law: the prevalence of multiple normativities; 10. Conclusion; Index.
£85.50
Cambridge University Press Human Germline Genome Modification and the Right to Science
Book SynopsisThe advent of the CRISPR/Cas9 class of genome editing tools is transforming not just science and medicine, but also law. When the genome of germline cells is modified, the modifications could be inherited, with far-reaching effects in time and scale. Legal systems are struggling with keeping up with the CRISPR revolution and both lawyers and scientists are often confused about existing regulations. This book contains an analysis of the national regulatory framework in eighteen selected countries. Written by national legal experts, it includes all major players in bioengineering, plus an analysis of the emerging international standards and a discussion of how international human rights standards should inform national and international regulatory frameworks. The authors propose a set of principles for the regulation of germline engineering, based on international human rights law, that can be the foundation for regulating heritable gene editing both at the level of countries as well as Table of Contents1. Introduction Andrea Boggio,Cesare P. R. Romano and Jessica Almqvist; 2. The governance of human (germline) genome modification at the international and transnational level; Part I. North America: 3. The regulation of human germline genome modification in Canada Erika Kleiderman; 4. The regulation of human germline genome modification in the United States Kerry Lynn Macintosh; 5. The regulation of human germline genome modification in Mexico María de Jesús Medina Arellano; Part II. Europe: 6. The regulation of human germline genome modification in Europe Jessica Almqvist and Cesare P. R. Romano; 7. The regulation of human germline genome modification in the United Kingdom James Lawford Davies; 8. The regulation of human germline genome modification in Germany Timo Faltus; 9. The regulation of human germline genome modification in Belgium Guido Pennings; 10. The regulation of human germline genome modification in Sweden Santa Slokenberga and Heidi Carmen Howard; 11. The regulation of human germline genome modification in the Netherlands Britta van Beers, Charlotte de Kluiver and Rick Maas; 12. The regulation of human germline genome modification in Italy Ludovica Poli; 13. The regulation of human germline genome modification in Spain Iñigo de Miguel Beriain and Carlos María Romeo Casabona; 14. The regulation of human germline genome modification in France Alessandro Blasimme, Dorothée Caminiti and Effy Vayena; 15. The regulation of human germline genome modification in Switzerland Alessandro Blasimme, Dorothée Caminiti and Effy Vayena; Part III. Asia: 16. The regulation of human germline genome modification in Japan Tetsuya Ishii; 17. The regulation of human germline genome modification in The People's Republic of China Lingqiao Song and Rosario Isasi; 18. The regulation of human germline genome modification in The Republic of Korea Hannah Kim and Yann Joly; 19. The regulation of human germline genome modification in Singapore Calvin W. L. Ho; Part IV. Other OECD Countries: 20. The regulation of human germline genome modification in Australia Dianne Nicol; 21. The regulation of human germline genome modification in Israel Vardit Ravitsky and Gali Ben-Or; 22. Towards a human rights framework for the regulation of human germline genome modification Andrea Boggio, Cesare P. R. Romano and Jessica Almqvist.
£143.45
Cambridge University Press ASEAN Consumer Law Harmonisation and Cooperation
Book SynopsisThis is the first Western-language research monograph detailing significant developments in consumer law and policy across the Association of Southeast Asian Nations (ASEAN), underpinned by a growing middle class and implementation of the ASEAN Economic Community from 2016. Eight chapters examine consumer law topics within ASEAN member states (such as product safety and consumer contracts) and across them (financial and health services), as well as the interface with competition law and the nature of ASEAN as a unique and evolving international organisation. The authors include insights from extensive fieldwork, partly through consultancies for the ASEAN Secretariat, to provide a reliable, contextual and up-to-date analysis of consumer law and policy development across the region. The volume also draws on and contributes to theories of law and development in multiple fields, including comparative law, political economy and regional studies.Trade Review'Four leading Australian consumer law scholars have produced a book that provides valuable insights into the development of consumer law in the ASEAN region. They throw light on consumer law in under-researched jurisdictions and their reflections will help develop consumer policy in the region and deepen our understanding of consumer policy globally. Hopefully it will provide an impetus for further ASEAN initiatives.' Geraint Howells, Dean and Chair Professor of Commercial Law, City University of Hong Kong'[an excellent example of how comparative law] scholarship can incisively deconstruct unfamiliar legal systems and make them more accessible to a wider audience ... [that] clearly exposes and explains the challenges which each system faces on its own terms ... an admirable achievement.' The Hon T. F. Bathurst AC, Chief Justice Of New South Wales, reproduced with permission at: https://japaneselaw.sydney.edu.au/2019/11/guest-blog-launch-by-bathurst-cj-of-asian-law-books/Table of Contents1. Introduction: backdrop and overarching perspectives; 2. Theoretical perspectives on ASEAN and consumer law developments; 3. Product safety law: fragmented regulation and emergent product liability regimes; 4. Regulating consumer contracts in ASEAN: variation and change; 5. Consumer financial services: what role for ASEAN?; 6. Professional health services: ASEAN's trade liberalisation agenda; 7. Integration with competition policies, laws and institutions: opportunities for ASEAN consumer protection; 8. Key reflections and future directions.
£47.49
Cambridge University Press Controlling Administrative Power
Book SynopsisThis wide-ranging comparative account of the legal regimes for controlling administrative power in England, the USA and Australia argues that differences and similarities between control regimes may be partly explained by the constitutional structures of the systems of government in which they are embedded. It applies social-scientific and historical methods to the comparative study of law and legal systems in a novel and innovative way, and combines accounts of long-term and large-scale patterns of power distribution with detailed analysis of features of administrative law and the administrative justice systems of three jurisdictions. It also proposes a new method of analysing systems of government based on two different models of the distribution of public power (diffusion and concentration), a model which proves more illuminating than traditional separation-of-powers analysis.Trade Review'An important and original contribution to administrative law and comparative government in a simple and very clear style.' Susan Rose-Ackerman, Henry R. Luce Professor of Jurisprudence, Yale Law School and Yale Department of Political Science'Cane's greatest achievement in this book is his demonstration of extraordinary 'fluency' in the subtleties of the English, US and Australian systems of administrative law and governance. He is at his absolute best in comparative legal analysis, informed by a strong sense of the historical development of the administrative state in each country.' Peter L. Lindseth, Olimpiad S. Ioffe Professor of International and Comparative Law and Director, International Programs, School of Law, University of Connecticut'The book - which presents an extensive and detailed study - seeks to demonstrate the core thesis by discussion of the control regimes in three systems of government: Australia, the UK, and the US General historical accounts of the systems of government in each of these jurisdictions are set out, before the book goes on to look at various aspects of the control regimes (each of the chapters can be read as a free-standing work). The closing chapter offers some methodological reflections that arose from the author's experience of the project.' Joe Tomlinson, I-CONnect'Peter Cane's book forces one to think hard about the relationship of political structure and legal doctrine, and the lessons that can be learned in relation to comparative administrative law. It is an important issue, especially because 'this view of the cathedral' has been relatively neglected in scholarly debate. He has brought considerable scholarship to this field. It will generate further debate about his central thesis, as well as stimulating further work of this genre.' Paul Craig, Oxford Journal of Legal StudiesTable of Contents1. Introduction: concepts and methodology; 2. The English system of government; 3. The US system of government; 4. The Australian system of government; 5. The development and institutional structure of control regimes; 6. Administrative interpretation; 7. Administrative fact-finding and policy-making; 8. Administrative rule-making; 9. Administrative adjudication; 10. Private law controls; 11. Controlling information; 12. The new public management; 13. Controlling the controllers; 14. Concluding reflections on methodology and themes.
£39.89
Cambridge University Press The Cambridge Companion to Comparative Family Law
Book SynopsisFamilies and family law have encountered significant challenges in the face of rapid changes in social norms, demographics and political expectations. The Cambridge Companion to Comparative Family Law highlights the key questions and themes that have faced family lawyers across the world. Each chapter is written by internationally renowned academic experts and focuses on which of these themes are most significant to their jurisdictions. In taking this jurisdictional approach, the collection will explore how different countries have tackled these issues. As a result, the collection is aimed at students, practitioners and academics across a variety of disciplines interested in the key issues faced by family law around the world and how they have been addressed.Trade Review'A stimulating collection of scholarly essays, exploring the key current family law issues in a range of jurisdictions and highlighting a variety of common underlying themes influencing contemporary family law systems. An excellent source for comparative thought about family law.' Stephen Gilmore, King's College London'This rich collection of essays challenges readers to think about the lens through which they view family law, and the even more fundamental question of how we determine what the law is. Each contributor focuses on the issues that are most salient within their particular jurisdiction or area, and adopts a different framework for analysing the issues, from constitutionalism to religious laws. This approach lays bare the assumptions that may be taken for granted within any given jurisdiction, and enables a deeper comparison to be undertaken.' Rebecca Probert, University of Exeter'A fascinating and wide-ranging tour of current developments, debates, and dilemmas in family law around the globe. What an intriguing premise: Ask leading scholars in select jurisdictions to identify the crucial issues and recurrent themes in family law in their respective countries today. The sum is even greater than the parts, as the comparative dimension elevates this volume above more insular examinations of contemporary family law in just one country. Anyone who wants a broad and well-informed understanding of family law in the modern world, including how it operates in practice as well as how it is evolving on the books, should read this volume cover to cover.' James G. Dwyer, College of William and Mary, VirginiaTable of ContentsIntroduction; 1. Contemporary issues in family law in England and Wales Rosemary Hunter; 2. Family law in the United States Theresa Glennon; 3. Human rights in the family law context Bettina Heiderhoff; 4. Australian family property law: just and equitable' outcomes? Belinda Fehlberg and Lisa Sarmas; 5. Towards the constitutionalization of family law in Latin America Nicolás Espejo and Fabiola Lathrop; 6. The nuclear norm and the free-form family – irreconcilable paths in Swedish family law? Pernilla Leviner; 7. South African family law and the chimera of diversity Anne Louw; 8. The post-divorce child support system in China: past, present and future Lei Shi; 9. The problem with personal law Farrah Ahmed; 10. The post-colonial fallacy of 'Islamic' family law Abdullahi Ahmed An-Na'im.
£29.44
Fiscal Publications Tax Design and Administration in a Post-BEPS Era:
Book SynopsisIn 2015 the OECD released its roadmap to address Base Erosion and Profit Shifting. The global tax reform package, with 15 Actions, is designed to equip countries with the tools they need to ensure profits are taxed where economic activity occurs and value is added. This volume is a comprehensive stock-take of the BEPS implementation that looks beyond a mere checklist of action or non-action to explore the experiences of 18 different jurisdictions. It highlights the different approaches taken by capital importing and capital exporting regions, developed and developing countres, OECD and non-OECD members and well as G20 and non-G20 members. Expert authors from Australia, Canada, China, Hong Kong SAR, India, Indonesia, Japan, Korea, Malaysia, the Netherlands, New Zealand, Nigeria, Singapore, South Africa, Thailand, the United Kingdom, the United States, and Vietnam have contributed chapters to this volume. Each provides the 'must-know' answers to questions that all stakeholders in the tax system are asking in relation to the domestic implementaiton of the largest reform of international tax the world has seen in a century.
£34.95
De Gruyter Advisory Boards in Medium-Sized Companies: An
Book Synopsis Advisory boards offer various advantages in corporate settings related to shareholder relief, consulting know-how, and marketing. They have been gaining increasing importance across the world, especially in medium-sized companies which by nature differ from large corporations in their independent business models, leaner structures and special culture. With contributions from renowned practical experts from several countries, Advisory Boards in Medium-Sized Companies helps to classify, compare and understand the role of advisory boards in SMEs in the main legal and economic systems around the world. This useful and timely book analyses the legal structure and framework of advisory boards in different countries and provides an overview of their situation, furthering critical mutual understanding of corporate law at the international level. Experienced practitioners from each country have brought together their experiences to improve the understanding of, and raise awareness of the benefits of, advisory boards through up-to-date and practice-oriented country reports. This book provides valuable insights for managers, shareholders, consultants, practitioners and academics alike.
£25.50
Oxford University Press Is International Law International
a huge range and FREE tracked UK delivery on ALL orders.
£19.49
Oxford University Press, USA Delaware State Constitution Oxford Commentaries on the State Constitutions of the United States
Book SynopsisThe Delaware State Constitution is the first state constitution drafted by a convention composed of popularly elected representatives, and it is rich with history and tradition. The Delaware Bill of Rights has remained almost exactly the same since 1792, and it has enacted specific provisions whereby its three branches of government operate differently from the federal system.The Delaware State Constitution provides an outstanding constitutional and historical account of the state''s basic governing charter. In it, Judge Randy Holland begins with an overview of Delaware''s constitutional history. He then provides an in-depth, section-by-section analysis of the entire constitution, detailing important changes that have been made over the years. Justice Holland''s learned treatment, along with the list of cases, index, and bibliography, makes this guide indispensable for students, scholars, and practitioners of Delaware''s constitution. This second edition includes all amendments to the Delaware Constitution since 2002 and all significant court decisions interpreting any provision in the Delaware Constitution that have been issued since 2002.The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state''s constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.Trade ReviewHolland has made his imprint on Delaware law with hundreds of rulings, many of them groundbreaking interpretations on the important corporate law. His clearly written opinions have also covered such social issues as the right to die and the right of public housing residents to own weapons. His extensive commentary on each section of the state constitution becomes relevant in the light of current events. * Harry Themal, Delaware Online *Table of ContentsSeries Foreword by G. Alan Tarr Foreword by E. Norman Veasey Acknowledgments Introduction Part one: The History and Development of the Delaware Constitution Part two: The Delaware Constitution and Commentary Preamble Article I: Bill of Rights Article II: Legislature Article III: Executive Article IV: Judiciary Article V: Elections Article VI: Impeachment and Treason Article VII: Pardons Article VIII: Revenue and Taxation Article IX: Corporations Article X: Education Article XI: Agriculture Article XII: Health (Repealed) Article XIII: Local Option Article XIV: Oath of Office Article XV: Miscellaneous Article XVI: Amendments and Conventions Article XVII: Continuity of Governmental Operations Schedule Bibliography Table of Cases Index About the Author
£178.12
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.
£45.12
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)
£84.55
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
£99.75
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
£182.50
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
£222.50
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
£197.50
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
£230.00
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
£70.30
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
£114.00
Oxford University Press Contents of Contracts and Unfair Terms Studies in the Contract Law of Asia
a huge range and FREE tracked UK delivery on ALL orders.
£149.62
Oxford University Press Tort Liability of Public Authorities in European Laws
a huge range and FREE tracked UK delivery on ALL orders.
£97.00
Oxford University Press Foundations of Private Law
Book SynopsisFoundations of Private Law is a treatise on the Western law of property, contract, tort and unjust enrichment in both common law systems and civil law systems. The thesis of the book is that underlying these fields of law are common principles, and that these principles can be used to explain the history and development of these areas. These underlying common principles are matters of common sense, which were given their archetypal expression by older jurists who wrote in the Aristotelian tradition. These principles shaped the development of Western law but can resolve legal problems which these older writers did not confront.Table of ContentsI THE ENTERPRISE ; 1. Basic Principles ; 2. Differences among Legal Systems ; II PROPERTY ; 3. Possession and Ownership ; 4. The Extent of the Right to Use Property: Nuisance, Troubles de voisinage, and Immissionenrecht ; 5. Private Modification of the Right to use Property: Servitudes ; 6. Rights Annexed to the Use of Property: The Case of Water Rights ; 7. Loss of Resources without the Owner's Consent: Necessity and Adverse Possession ; 8. Acquisition of Resources without a Prior Owner's Consent: Minerals, Capture, Found Property ; III TORTS ; 9. The Structure of the Modern Civil and Common Law of Torts ; 10. The Defendant's Conduct: Intent, Negligence, Strict Liability ; 11. Liability in Tort for Harm to Reputation, Dignity, Privacy, and 'Personality' ; 12. Liability in Tort for Pure Economic Loss ; IV CONTRACTS ; 13. Promises ; 14. Mistake ; 15. Impossibility and Unexpected Circumstances ; 16. Promises to Make a Gift ; 17. Promises to Exchange ; 18. Liability for Breach of Contract ; V UNJUST ENRICHMENT ; 19. The Principle against Unjustified Enrichment ; 20. Restitution without Enrichment? ; 20. Remedies in Restitution
£59.85
Oxford University Press, USA Federalism Democratization and the Rule of Law in Russia
Book SynopsisCombining the approaches of three fields of scholarship - political science, law and Russian area- tudies - the author explores the foundations and future of the Russian Federation. Russia''s political elite have struggled to build an extraordinarily complex federal system, one that incorporates eighty-nine different units and scores of different ethnic groups, which sometimes harbor long histories of resentment against Russian imperial and Soviet legacies. This book examines the public debates, official documents and political deals that built Russia''s federal house on very unsteady foundations, often out of the ideological, conceptual and physical rubble of the ancien régime. One of the major goals of this book is, where appropriate, to bring together the insights of comparative law and comparative politics in the study of the development of Russia''s attempts to create - as its constitution states in the very first article - a ''Democratic, federal, rule-of-law state''Trade Review"Dr. Jeffrey Kahn's admirable and thoroughly researched study offers invaluable materials and insights on what has been transpiring in the world of Russian federalism (and beyond) from the earliest Soviet days to the present, with particular emphasis and depth on the post-Soviet decade." William E. Butler, Michigan Law Review"I have not seen a better account, or a more perceptive one, in any language." William E. Butler, Michigan Law Review"Kahn's study is the best and most thoughtful account available of the early experience." William E. Butler, Michigan Law ReviewTable of Contents1. Introduction ; 2. Federal Theory ; 3. Soviet 'Federalism' ; 4. Gorbachev's Federalism Problem ; 5. The Process of Federal Transition ; 6. Inter-Governmental Relations Under Yeltsin's New Federalism ; 7. Federal Effects on Transitions in Russia's Republics ; 8. The Federal Reforms of Vladimir Putin ; 9. Conclusion
£165.00
Oxford University Press Understanding Common Law Legislation
Book SynopsisThere are many countries that use and apply the common law, which collectively may be called the common law world. A feature of this world is that nowadays it largely operates through statutes enacted by a country''s democratic legislature, and that these mainly fall to be construed according to a uniform system of rules, presumptions, principles and canons evolved over centuries by common law judges. The statutes subject to this interpretative regime may be called common law statutes. They are the main subject of this book, along with the said uniform system. The book distills and updates within a brief compass the author''s published writings on statute law and statutory interpretation which span a period of nearly forty years, being contained in half a dozen books and many more articles. The chief books are Statute Law (Longman, third edition 1990), Halsbury''s Laws of England, Title Statutes (Butterworths, 4th edition reissue 1995), and Bennion on Statutory Interpretation (LexisNexTrade ReviewFrancis Bennion brings with him years of experience in legislative drafting ... The treatment is uniformly illuminating, and the style is homely. * The Commonwealth Lawyer *Readers who have come to expect a degree of iconoclasm from Francis Bennion will not be disappointed. he includes the occasional throwaway line which reverberates. All this serves only to increase the pleasure of reading the book: it never affects the careful objectivity which Bennion brings to bear on his subject. * Law Quarterly Review Vol. 118, July 2002 *... fascinating and entertaining ... The text is clear and accessible, enlivened by examples and enhanced by chapter summaries. * New Law Journal, 8 Feb 2002 *For Bennion: "Legislation is what the legislator says it is. The meaning of legislation is what the court says it is"...A major difference in craft, which Bennion highlights, lies in the drafting style of legislation in the common law...the issues of differences in drafting may be less of a problem in relation to legal interpretation and be more of a matter concerning what Bennion helpfully describes as "law management"-the techniques of dealing with statutory materials. In terms of "learning the craft of law", techniques of law management may be more significant than techniques of legal interpretation. Bennion's work is at its clearest in describing the procedures to be followed for processing an enactment...As he suggests, the process of understanding and compiling a statute depends on understanding how it was drafted in the first place... * Professor John Bell, Legal Studies, Vol. 22 No. 3, September 2002 *This book lays down most lucidly the fundamentals of common law legislation, the drafting techniques and the interpretation principles. In his voluminous treatise on Interpretation, Bennion has seminally carved out new spheres of interpretative jurisprudence and this book could be said to be a prologue to the main treatise. It proved very useful in the course on Interpretation as not many books give the jurisprudential foundations of interpretation principles which it does. * Rishabh Sancheti, National Law University, India, September 2006 *[This book] not only makes a good reading on understanding common law legislation but also delves into 'global techniques' of interpretation of statutes. It also offers a blue print of law curriculum on interpretation of statutes. * K. I. Vibhute, Scholastcus, January 2004 *Bennion is one of Great Britain's leading scholars in the area of statutory construction. This is one of the best books on statutory construction that I have read. * Gary O'Connor, Statutory Construction Zone *The book is based on writings which span nearly four decades. It covers not only issues relating to the enactment of common law statutes and the various rules governing their interpretation, but also legal policy, the nature of discretionary powers, the jurisprudential basis of the common law method, and techniques of law management. The treatment is uniformly illuminating and the style is homely. The author's philosophy is best summed up in his observation that, "Up and down the land, statutes are not some out of the way dusty nuisance. They are part of everyday life, and we had better understand them if we can." * Dr Venkat Iyer, The Commonwealth Lawyer vol.11 no.2, August 2002 *Bennion is outstanding in conceptualising statutory interpretation. * Jeffrey Barnes, Law Trobe University, Australia, 2001 *Table of Contents1. Basic concepts I: common law statutes; the enactment; legal meaning; factual outline and legal thrust; implied ancillary rules ; 2. Basic concepts II: opposing constructions; literal, purposive and developmental interpretations ; 3. Grammatical and strained meanings ; 4. Consequential and rectifying constructions ; 5. Contradictory enactments and updating construction ; 6. Drafting techniques and the Interpretation Act ; 7. Transitional provisions and the Cohen question ; 8. Words in pairs ; 9. Rules of interpretation ; 10. Legal policy ; 11. Interpretative presumptions ; 12. Linguistic canons and interpretative technique ; 13. The nature of judgment ; 14. The nature of discretion ; 15. The European Union and the HRA ; 16. The jurisprudential basis of the common law method ; 17. The common law system in America ; 18. Techniques of law management
£118.75
Oxford University Press Property Justice
Book SynopsisWhen philosophers put forward claims for or against ''property'', it is often unclear whether they are talking about the same thing that lawyers mean by ''property''. Likewise, when lawyers appeal to ''justice'' in interpreting or criticizing legal rules we do not know if they have in mind something that philosophers would recognize as ''justice''.Bridging the gulf between juristic writing on property and speculations about it appearing in the tradition of western political philosophy, Professor Harris has built from entirely new foundations an analytical framework for understanding the nature of property and its connection with justice. Property and Justice ranges over natural property rights; property as a prerequisite of freedom; incentives and markets; demands for equality of resources; property as domination; property and basic needs; and the question of whether property should be extended to information and human bodily parts. It maintains that property institutions deal both witTrade ReviewReview from previous edition the book gets full marks for opening up discussions of several crucial features of property institutions, and for challenging received views on such topics as ownership of one's body and the status of rights to property. All in all, this is a book students of political philosophy should read, and it makes a welcome addition to the body of good work that has been produced on property in the past decade. Indeed, it is probably the best book on property we now have. * David Crossley Dialogue *James Harris has written and admirable book in which he seeks to combine lawyerly insights about property with philosophical insights about justice The book as a whole is laudable achievement and should be studied by anyone interested in the two key concepts designated in the title. * Matthew Kramer, Cambridge Law Journal *There are two particular explanations of why this ambitious project deserves a welcome. They concern, first, the status of arguments about justice and property in political theory; and secondly, the relationship between the study of law and the concerns of political philosophy. * Andrew Reeve, Oxford Journal of Legal Studies *The primary audience for this book will be philosophers of law, who will find the philosophical analysis and arguments about property as it features in Anglo-American law very enlightening. * Peter Vallentyne, Virginia Commonwealth University, Mind, no 108, no 431, July 1999 *Table of ContentsPART I: WHAT IS PROPERTY? ; 1. Introduction ; 2. Imaginary Societies ; 3. Minimal Structure ; 4. Building on the Minimal Structure ; 5. Ownership as an Organizing Idea ; 6. Ownership as a Principle ; 7. Private and Non-private Property ; 8. Person-Thing and Person-Person Relations ; 9. What Property is ; PART II: IS PARTY JUST? ; 10. The Agenda ; 11. Natural Property Rights and Labour ; 12. Natural Property Rights and the Assault Analogy ; 13. Property and Freedom ; 14. Against Property Freedoms ; 15. The Instrumental Values of Property ; 16. Alleged Dominating Principles ; 17. The Limits of Property ; 18. Property is Just, to a Degree, Sometimes ; Bibliography ; Index
£63.65
Oxford University Press, USA Altruism in Private Law Liability for Nonfeasance and Negotiorum Gestio
Book SynopsisExamines two problems in Private law which are posed by the 'Good Samaritan'. This work examines and compares the varied responses of the Roman, French, German, and English legal systems to these problems.Trade Review[This] book is to be welcomed as a carefully argued, at times imaginative, contribution to the continuing debate about the future annd shape of the English law of rescue. * Kevin Williams, Modern Law Review *The author is to be commended for his lucid treatment of both doctrines, and for his subtle and convincing analysis of their interconnectedness * European Tort Law *This slim, elegantly-argued volume presents a persuasive case for the reconsideration of both liability for nonfeasance and reimbursement for necessitous intervention in English LawIn a clear and elegant style, Kortmann has written a remarkable book in which he has developed a fine, sophisticated theory. It is to be hoped that the English courts will draw inspiration from it. * Professor J.H.A. Lokin, Ars Aequi *An interesting read, based on considerable research. The account is thoughtful and thought-provoking and challenges the common lawyer to reassess his or her views on the topic of omissions.... Lord Goff in Smith v Littlewoods onceded that the legal treatment of omissions may one day need to be reconsidered. Kortmann eloquently puts the case for such a change. * Paula Giliker, King's College Law Journal *[This book] certainly constitutes essential reading for any lawyer interested in the nature and effect of altruism in private law. * D.H. Van Zyl, Legal Studies *Without doubt ... [Kortmann] deserves much praise for a book that is certain to captivate the reader. ... His arguments are well written and ...demonstrate a heartwarming erudition * Professor H.C.F. Schoordijk, Weekblad voor Privaatrecht, Notariaat en Registratie *Table of ContentsPART I: LIABILITY FOR NONFEASANCE ; I. INTRODUCTION ; II. WHAT IS 'NONFEASANCE'? ; III. THEORETICAL JUSTIFICATIONS FOR DISTINGUISHING BETWEEN FEASANCE AND NONFEASANCE ; IV. LIABILITY FOR NONFEASANCE IN CONTINENTAL EUROPEAN PRIVATE LAW ; V. LIABILITY FOR NONFEASANCE IN ENGLISH PRIVATE LAW ; VI. TOWARDS A MORE CONSISTENT APPROACH ; PART II: GRANTING A CLAIM TO THE INTERVENER ; VII. THE DIFFERENT MEASURES OF RECOVERY AND THEIR TERMINOLOGY ; VIII. THEORETICAL ARGUMENTS AGAINST GRANTING A REMEDY TO THE INTERVENER ; IX. THEORETICAL ARGUMENTS IN FAVOUR OF GRANTING A REMEDY TO THE INTERVENER ; X. THE CONTINENTAL DOCTRINE OF 'NEGOTIORUM GESTIO' ; XI. THE POSITION IN ENGLISH LAW ; XII. TOWARDS A GENERAL PRINCIPLE: USING THE EXISTING DOCTRINES? ; XIII. TOWARDS A NEW GENERAL PRINCIPLE ; EPILOGUE
£130.00
Oxford University Press The German Law of Unjustified Enrichment and Restitution A Comparative Introduction
Book SynopsisThis book provides the most comprehensive description of the German law of unjustified enrichment in the English language. It explains to common law readers how German law generally allows restitution for transfers made without legal ground (rather than on the basis of individual unjust factors), an approach which the late Peter Birks proposed for English law to adopt, and which the House of Lords was careful not to rule out for the future in Deutsche Morgan Grenfell v Inland Revenue. Part I explains the workings of German unjustified enrichment law within the particular context of German contract, tort and property law. It shows how the German general unjust enrichment clause is controlled by limiting its scope to intentional transfers, and complemented by specific grounds of unjust enrichment. This part also explains defences against and measure of enrichment claims. Part II places German law in the comparative context of three different fundamental approaches towards unjustified enrichment, shows some unexpected similarities between English and German law, and discusses whether English law could and should adopt the German approach. The book gives equal prominence to structural issues and legal doctrine on the one hand, and practical application of the law on the other. It provides leading German cases and relevant statutory provisions in English translation.Trade ReviewThis superb book is a model of how comparative law can be done. It provides an excellent balance between an overview of a distinct area of the law, detailed discussion of the issues that arise across the whole spectrum of that law, and a significant contribution to an ongoing debate that is of major domestic and wider comparative interest...All in all, the book is a stimulating, learned and invaluable companion to anyone interested in the subject * Robin Evans-Jones, The Edinburgh Law Review *Table of ContentsI UNJUSTIFIED ENRICHMENT AND RESTITUTION IN GERMAN LAW; II THE WIDER COMPARATIVE PERSPECTIVE
£106.88
