Comparative law Books
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
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£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
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£149.62
Oxford University Press Tort Liability of Public Authorities in European Laws
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£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
Oxford University Press Principles of French Law
Book SynopsisPrinciples of French Law offers a comprehensive introduction to French law and the French legal system in terms which a common lawyer can understand. The authors give an explanation of the institutions, rules and techniques that characterize the major branches of French law. The chapters provide the reader with a clear sense of the questions that French lawyers see as important and how they would answer them.In the ten years since the publication of the first edition, French law has changed in significant ways. European Union law and the European Convention on Human Rights have had a significant impact, especially on procedural law and family law. There has been a new Commercial Code, major legislation on divorce, succession and criminal law, as well as significant developments in the Constitution. In addition, there have been considerable developments in the case-law and a much discussed proposal for reform of major areas of the law of obligations.The chapters present not only the rulTrade ReviewReview from previous edition '...to those who want a single book on French law, one can strongly recommend it...' * Tony Weir, Law Quarterly Review *Table of ContentsIntroduction: The Spirit of French Law ; PART I: THE SYSTEM ; 1. Sources of Law ; 2. Court Institutions ; 3. People Administering Justice ; PART II: THE LAW ; 4. Legal Procedure ; 5. Constitutional Law ; 6. Administrative Law ; 7. Criminal Law ; 8. Family Law ; 9. The Law of Property ; 10. The Law of Obligations ; 11. Commercial Law ; 12. Employment Law ; PART III: STUDYING FRENCH LAW ; 13. Bibliographical Guide and Legal Methods ; Appendix: Bibliographical Sources and Legal Methods
£85.50
Oxford University Press The Paradox of Constitutionalism
Book SynopsisThe book sets out to examine some of the key features of what we describe as the paradox of constitutionalism: whether those who have the authority to make a constitution - the ''constituent power'' - can do so without effectively surrendering that authority to the institutional sites of power ''constituted'' by the constitutional form they enact. In particular, is the constituent power exhausted in the single constitutive act or does it retain a presence, acting as a critical check on the constitutional operating system and/or an alternative source of authority to be invoked in moments of crisis? These questions have been debated both in different national contexts and at the level of constitutional theory, and these debates are acknowledged and developed in the first two sections of the book. Part I includes chapters on how the question of constituent power has been treated in the constitutional histories of USA, France, UK and Germany, while Part II examines the question of constituTable of ContentsINTRODUCTION ; 1. Constituent Power and Reflexive Identity: Towards an Ontology of Collective Selfhood ; A CONCEPTUAL HISTORY OF CONSTITUENT POWER ; 2. Constituent Power Subverted: From English Constitutional Argument to British Constitutional Practice ; 3. Constituent Power and Constitutional Change in American Constitutionalism ; 4. Constituent Power in France: The Revolution and its Consequences ; 5. 'We are (afraid of) the people': Constituent Power in German Constitutionalism ; 6. People and Elites in Republican Constitutions, Traditional and Modern ; THE ARTICULATION OF CONSTITUENT POWER: RIVAL CONCEPTIONS ; 7. The Politics of the Question of Constituent Power ; 8. Private and Public Autonomy Revisited: Co-originality in Times of Globalization and the Militant Security State ; 9. Constitutionalism's Post-Modern Opening ; 10. Against Substitution: The Constitutional Thinking of Dissensus ; EXTENSION AND DIVERSIFICATION OF CONSTITUENT POWER ; 11. The Exercise of Constituent Power in Central and Eastern Europe ; 12. 'We the Peoples': Constituent Power and Constitutionalism in Plurinational States ; 13. Post-Constituent Constitutionalism? The Case of the European Union ; 14. 'We the Peoples of the United Nations': Constituent Power and Constitutional Form in International law ; 15. Constituent Power and the Pluralist Ethic ; 16. The Imperialism of Modern Constitutional Democracy
£57.95
Oxford University Press The Confusion Test in European Trade Mark Law
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£153.00
Yale University Press Democracys Privileged Few
Book SynopsisCompares the freedoms and protections of members of the United States Congress with those of Britain's Parliament. In analysing the story of how parliamentary government emerged in Britain and how it crossed the Atlantic, this book illuminates a variety of constitutional issues, including the separation of powers, and the nature of representation.Trade Review"Josh Chafetz manages to combine scholarly care with an almost journalistic ability to write in an accessible fashion."—Nick Barber, Oxford University -- Nick Barber"A very distinguished work. Chafetz is beautifully clear and deals with an interesting problem concerning parliamentary government in Britain and America in a comparative manner. I do not know of any work which covers the ground in a similar way."—Vernon Bogdanor, Oxford University -- Vernon Bogdanor"This book heralds the arrival of an important new scholar in the fields of comparative constitutional law and legal history. Fitting a broad range of institutional details into a comprehensive and subtle theoretical framework, Chafetz shows how Congressional privileges in America and Parliamentary privileges in England sprang from common origins but then evolved along separate paths as a result of basic differences in the political ecosystems. An excellent chronicle of the evolution of legislative privileges from the parliamentary supremacy of England to the popular sovereignty in kingless America."—Akhil Amar, Yale Law School -- Akhil Amar“A thorough and well-researched treatment of an important and neglected topic. Chafetz’s historical overview on legislative privilege deserves to become a well-known point of reference.”—Adrian Vermeule, Professor of Law, Harvard Law School -- Adrian Vermeule
£56.02
Bloomsbury USA 3pl The Kurdish Question in U.S. Foreign Policy
Book SynopsisIt not only reproduces the full text of over 325 of the most important U.S. government documents dealing with the Kurdish question, but also provides both a guide to U.S. government sources for locating subsequently published materials and an annotated list of over 200 primary and secondary sources.Table of ContentsPreface Essays United States Foreign Policy Toward the Kurds by Michael M. Gunter The Legacy of U.S. Support to Kurds: Two Major Episodes by Lokman I. Meho and Michel G. Nehme Full-Text Documents The Congressional Record Foreign Relations of the United States American Foreign Policy: Current Documents U.S. Department of State Dispatch Miscellaneous Weekly Compilation of Presidential Documents Non-Full-Text Items Articles, Monographs, and Series Declassified National Security, CIA, and Department of State Documents on Microfilm Author Index Title Index Subject Index Contributors
£100.00
Juta & Company Ltd Human dignity
£59.37
Springer Contemporary International Law Issues Sharing PanEuropean and American Perspectives Proceedings of the Joint Conference Held in The Hague The Netherlands July 46 1991
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Springer Conversion of Former BTW Facilities Proceedings of the NATO Advanced Research Workshop on Conversion of Former BTW Facilities Development and Budapest Hungary 59 November 1997 21
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Springer Conversion of Former BTW Facilities Proceedings of the NATO Advanced Research Workshop on Conversion of Former BTW Facilities Development and 21 Nato Science Partnership Subseries 1
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Springer The Caspian Sea A Quest for Environmental Security 67 Nato Science Partnership Subseries 2
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Springer The Caspian Sea A Quest for Environmental Security Proceedings of the NATO Advanced Research Workshop Venice Italy 1519 March 1999 Nato Science Partnership Subseries 2
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Springer Implementing the Environmental Protection Regime for the Antarctic 28 Environment Policy
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Springer Implementing the Environmental Protection Regime for the Antarctic 28 Environment Policy
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Springer The Role of Biotechnology in Countering BTW Agents
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Springer The ValueAdded Tax Orthodoxy and New Thinking
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Springer The Nations Oil A Story of Control
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Springer Contemporary Problems in International Arbitration
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Cambridge University Press In the Shadow of the Constitution
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Cambridge University Press Arguments from Failure
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LEGARE STREET PR A General Treatise on Statutes
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LEGARE STREET PR A General Treatise on Statutes
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Legare Street Press Droit Romain
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LEGARE STREET PR Indian Usage and JudgeMade Law in Madras
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Legare Street Press Commentario Alle Pandette Part 4
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