Legal systems: general Books

Book SynopsisIn The Foundations of Australian Public Law, Anthony J. Connolly brings together the two traditionally discrete areas of constitutional and administrative law to present Australian public law as a single, integrated body.Table of Contents1. Introduction: what is Australian public law?; 2. Constitution I: the history of the Australian state; 3. Constitution II: the structure of the Australian state; 4. Legitimation: justifying state power; 5. Legislation: making and unmaking law; 6. Administration: governing lawfully; 7. Adjudication: delimiting state power; 8. Validation: reviewing state action; 9. Protection: human rights and Australian public law; 10. Direction: future trends in Australian public law.

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Book SynopsisHow do legal systems actually operate outside of Western European or North American liberal democracies? To understand law and legal institutions globally, we must go beyond asking if countries comply with idealized, yet under-theorized, rule of law principles to determine how they work in practice. Examining legal regimes across different areas of criminal and civil law in both urban and rural China and Indonesia during distinct periods from 1949 to the present, William Hurst offers a new way of understanding how cases are adjudicated (and with what implications) across authoritarian, developing, post-colonial, and newly democratizing settings. This is the first systematic comparative study of the world''s largest Communist and majority-Muslim nations, and the most comprehensive scholarly work in many years on the micro-level workings of either the Chinese or Indonesian legal system at the grassroots, based on a decade of research and extensive fieldwork in multiple Indonesian and Chinese provinces.Trade Review'No one but Hurst could have written this book. His close study of variation across and within two giant countries generates theoretical insights that go well beyond China and Indonesia, though scholars of each country will also profit. A monumental achievement and a major advance in socio-legal studies.' Tom Ginsburg, University of Chicago Law School'Ruling Before the Law brings a fresh and stimulating perspective to the study of legal systems. The author rejects the dominant Rule of Law framework, in which China is understood as either having or not having the Rule of Law, or as somewhere along a Rule of Law continuum. Instead, he uses a political science perspective to posit a different way to understand the relevant characteristics of a legal regime, allowing us to understand better how and in what specific respects national legal systems either resemble or differ from each other.' Donald Clarke, George Washington University Law School'... the book aims to bring a new perspective to the study of law and society and judicial politics ...' Wang Jiangyu, Comparative PoliticsTable of ContentsIntroduction; 1. Understanding legal regimes; 2. Historical overview of Chinese and Indonesian legal regimes; 3. Law and revolution: mobilizational justice and charismatic politics; 4. Rule by law: authoritarian legitimacy and legal efficiency; 5. Neotraditional sclerosis: law in the service of stagnant hierarchies.

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Book SynopsisThis book empirically explores whether and under what conditions the judicial process is efficient. Three specific issues are addressed: first, disputants self-select into litigation. Do they tend to bring cases with merit? Second, filed cases differ in their social import. Do courts select more important cases to devote more resource to? Third, courts establish precedents, affect resource allocation in the cases at hand, and influence future behaviours of transacting parties. Do courts, like Judge Posner asserts, tend to make decisions that enhance allocative efficiency and reduce transaction costs? Positive answers to the above questions attest to the efficiency of the judicial process. What drive efficient or inefficient outcomes are the selections and decisions by litigants, litigators, and judges. Their earlier selections and decisions affect later ones. Eleven chapters in this book, authored by leading empirical legal scholars in the world, deal with these issues in the US, Europe, and Asia.Table of ContentsIntroduction Yun-chien Chang; 1. Do patent law suits target invalid patents? Michael Frakes and Melissa Wassermann; 2. Platform procedure: using technology to facilitate (efficient) civil settlement J. J. Prescott and Alexander Sanchez; 3. Speedy adjudication in hard cases and low settlement rates in easy cases: an empirical analysis of Taiwan courts with comparison to US federal courts Yun-chien Chang and William Hubbard; 4. How lower courts respond to a change in a legal rule Anthony Niblett; 5. Career judge system and court decision biases: preliminary evidence from Japan Hatsuru Morita and Manabu Matsunaka; 6. Judges avoid ex post but not ex ante inefficiency: theory and empirical evidence from Taiwan Yun-chien Chang; 7. When winning is not enough: prevailing-party civil appeals in state courts Michael Heise; 8. The evolution of case influence in modern consumer standard form contracts Florencia Marotta-Wurgler; 9. Judging insurance antidiscrimination law Ronen Avraham, Alma Cohen and Ity Shurtz, 10. Are judges harsher with repeat offenders? Evidence from the European Court of Human Rights Eric Langlais, Alessandro Melcarne and Giovanni Ramello; 11. Does efficiency trump legality? The case of the German Constitutional Court Christoph Engel.

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Book SynopsisThis book addresses Congress'' oversight authority over individual federal judges or Supreme Court Justices. Congressional oversight authority, although broad, is limited to subjects related to the exercise of legitimate congressional power. While Congress has the power to regulate the structure, administration and jurisdiction of the courts, its power over the judicial acts of individual judges or Justices is more restricted. For instance, Congress has limited authority to remove or discipline a judge for decisions made on the bench. Article III, Section 1 of the Constitution provides that judges have ''good behaviour'' tenure, which effectively has come to mean lifetime tenure for Article III judges subject to removal only through conviction on impeachment. It also examines Congress'' legislative authority with respect to the Judicial Branch. While Congress has broad power to regulate the structure, administration and jurisdiction of the courts, its powers are limited by precepts of due process, equal protection and separation of powers. Usually congressional oversight of the judicial branch is non-controversial, but when Congress proposes to use its oversight and regulatory powers in a manner designed to affect the outcome of pending or previously decided cases, constitutional issues can be raised. In recent years, Congress has considered using or has exercised its authority in an effort to affect the results in cases concerning a number of issues, including abortion, gay marriage, freedom of religion, ''right to die'' and prisoners'' rights. It also reviews the constitutional foundation of the federal courts, and the explicit and general authorities of Congress to regulate the courts. It then addresses Congress'' ability to limit the jurisdiction of the courts over particular issues, sometimes referred to as ''court-stripping''.

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Book SynopsisRegulation and In-House Lawyers is a resource for SRA regulated lawyers working in-house for organisations which are not authorised by the SRA. This second edition has been updated to reflect the major regulatory changes introduced by the SRA Standards and Regulations in November 2019. The book explains the changes and their significance to in-house lawyers in particular, and provides guidance on regulatory compliance. It also covers key legislation such as the Money Laundering Regulations 2017, the Criminal Finances Act 2017, the EU General Data Protection Regulation and the Data Protection Act 2018, as well as recent Solicitors Disciplinary Tribunal decisions. Additional material has been added to this new edition which will help lawyers to demonstrate compliance in practice through systems, controls and policies, including templates which can be used by practitioners to create compliance manuals.Table of Contents1. Introduction; 2. Making the move into in-house practice - what you should know; 3. The need for a practising certificate; 4. Regulatory compliance - an overview; 5. The SRA Principles, Code of Conduct for Solicitors, RELs and RFLs and Transparency Rules; 6. The SRA Accounts Rules; 7. New regulatory freedoms for in-house practice; 8. How to become an ABS; 9. Relevant legislation; 10. Accreditation schemes; 11. Troubleshooting - different types of in-house practice.

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Book SynopsisThis book is a practical guide to what retained EU law is and how it functions, illustrated with case studies and examples.

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Book SynopsisThis book sets out the relevant legislation and regulations, alongside practical guidance on how to embed the requirements in your firm. Sample policies, procedures, guidance and risk registers help with their effective implementation.

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Book SynopsisIn Point Taken, Ross Guberman delves into the work of the best judicial opinion-writers and offers a step-by-step method based on practical and provocative examples. Featuring numerous cases and opinions from 35 prolific judges - from Learned Hand to Antonin Scalia - Point Taken, explores what it takes to turn great judicial writing into great writing. Guberman provides a system for crafting effective and efficient openings to set the stage, covering the pros and cons of whether to resolve legal issues up front and whether to sacrifice taut syllogistic openings in the name of richness and nuance. Guberman offers strategies for pruning clutter, adding background, emphasizing key points, adopting a narrative voice, and guiding the reader through visual cues. The structure and flow of the legal analysis is targeted through a host of techniques for organizing the discussion at the macro level, using headings, marshaling authorities, including or avoiding footnotes, and finessing transitionTrade ReviewIf I were a judge, I'd make this required reading for my law clerks. Point Taken is an invaluable resource for any judge who cares about the craft of writing opinions." -David Lat, Managing Editor, Above the LawIn Point Taken, Guberman has done both the wonderful and the impossible. He's done a wonderful job synthesizing the craft of writing judicial opinions. His insights and techniques are extraordinary, and he demonstrates great discipline in presenting a menu of approaches rather than dictating a particular style. He provides a superb tool for judges and arbitrators (and, yes, law clerks) to do their jobs better while cultivating a style that suits them. He also achieved what I thought was impossible: he transformed legal writing into a guilty pleasure. The book is fun, which is rare for any work that teaches so much." -Noah Messing, Lecturer, Yale Law School and AAA ArbitratorTable of ContentsIntroduction ; Part I. Set the Stage: The Opening ; Part II. The Tale: The Facts ; Part III. The Meat: The Legal Analysis ; Part IV. The Words: Style "Must-Haves" ; Part V. The Words: "Nice-to-Haves" in Style ; Part VI. Dissents: The Road Not Traveled ; Part VII. Appendices ; Biographies ; Practice Pointers ; Index

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Book SynopsisThe common law is almost universally regarded as a system of case-law, increasingly supplemented by legislation, but this is only partly true. There is an extensive body of lawyers'' law which has a real existence outside the formal sources but is seldom acknowledged or discussed either by theorists or legal historians. This will still be so even when every judicial decision is electronically accessible. In the heyday of the inns of court, this second body of law was partly expressed in `common learning''. a corpus of legal doctrine handed on largely by oral tradition and a system of education informing the mind of every common lawyer. That common learning emanated from a law school in which the judges actively participated, and in which the lecturers of one generation provided the judiciary of the next. Some of it was written down, though the texts were until recently forgotten, and its importance was overlooked by historians as a result of changes in the common-law system during the Trade ReviewThere is much here to engage and challenge the historian. * English Historical Review *The Law's Two Bodies is undoubtedly of general interest to legal historians of any period, as well as to other critical analysts of law and its interpretation, at two levels. Firstly, Baker's lectures are an important lesson in how the meaning (or a fuller meaning; or an alternative meaning) of written law in its various forms may be found by researching related systems of legal knowledge, such as the education of legal personnel. Secondly, The Law's Two Bodies is a valuable study of how recorded law is not necessarily the absolute source of authority it may appear - or be claimed - to be. * Law Quarterly Review *Table of ContentsI. Case-Law and Statute-Law ; II. Legal Fictions ; III. Common Usage and Common Learning ; Appendices: Some Illustrative Texts ; A. Common Practice and Communis Error ; B. Fictions in Writs and Pleadings ; C. Fictions in Trial: Benefit of Clergy for Laymen ; D. Linguistic Fictions ; E. Improper Fictions ; F. Common Learning ; G. Opinions of Counsel ; Index

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Book SynopsisKok-Chor Tan addresses three key questions in egalitarian distributive justice: Where does distributive equality matter?; Why does it matter?; And among whom does it matter? He argues for an institutional site for egalitarian justice, and suggests that the mitigation of arbitrariness or luck is the basis for distributive commitments. He also argues that distributive obligations are global in scope, applying between individuals across borders. Tan''s objectives are tripartite: to clarify the basis of an institutional approach to justice; to establish luck egalitarianism as an account of the ground of equality; and to realize the global nature of egalitarian justice. The outcome is ''institutional luck egalitarianism''--a new cosmopolitan position on distributive justice.Trade ReviewTan's book is exceptionally clear, thoughtful, and innovative, and it should not be ignored by anyone interested in egalitarianism and distributive justice more generally. * Jonathan Quong, Ethics *The book engages with three important questions, and deals with them in great detail and with admirable even-handedness. * Chris Armstrong, Social Theory and Practice *...offers one of the most systematic and nuanced treatments to date of a global luck egalitarian approach, and it adds important clarity to the ongoing dialogue about just how global distributive justice can and should be conceived. Further, Tan's writing is a model of both precision and accessibility. He is adept at showing what is at stake in major debates and at identifying and leading the reader through important positions in them. This book would make an excellent teaching tool. * Luis Cabrera, Notre Dame Philosophical Reviews *Table of ContentsPART I. INSTITUTIONS ; PART II. LUCK ; PART III. GLOBAL JUSTICE

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Book SynopsisLawyer, judge, banker, classics professor, and councilman, Thomas Mellon greatly influenced the fortunes of his hometown, Pittsburgh, throughout the nineteenth century. Offering characterization of the Scotch-Irish value system that governed the patriarch's work and life, the author captures the judge's complexities and contradictions.Trade Review"A remarkably objective portrait . . . A truly American generational saga, one with profound implications not only for one man's family, but for the entire country as well. Specialists and students of American history will benefit enormously from this splendidly written and researched work. Highly recommended."—Richard Drezen, Library Journal -- Richard Drezen * Library Journal *“A well-researched biography that could go far to help people better understand the family patriarch.”—The Weekly Standard * The Weekly Standard *"[Mellon's] well-written autobiography, completed in 1885 and republished in 1994, provides valuable insights into his entrepreneurial activities, notes his emphasis on education and family, and contains judgmental commentary on controversial issues of his day."—R.M. Hyser, Choice -- R.M. Hyser * Choice *“Valuable…Highly recommended.”—Choice * Choice *

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Book SynopsisIn line with earlier editions, this book enables the student practitioner to learn the technique of advocacy by way of an analytical approach. Judge Michael Hyam believes that the principles of advocacy may be learnt by application and practice. He illustrates a method of preparing speeches which may be adapted to any kind of case, and this edition amplifies the chapters on this aspect of advocacy. The principles are explained by analysis and illustrated with examples of both good and bad practice. The reader should find that in this way the rules of good advocacy become clear and that potentially serious mistakes can be avoided. This book has expanded upon the areas of preparation in different types of cases, on the form of submissions and on advocacy in the family courts.

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Book SynopsisEvery lawyer knows of Woolmington v. Director of Public Prosecutions, the ruling which established the ‘Golden thread of English law’ whereby the burden of proof lies with the prosecutor in a criminal trial. But who was Woolmington and how many people know that he escaped the death penalty at the eleventh hour, or that he was in fact twice tried for murder? ‘Lords give man back his life’ as the Western Gazette put it. In the civil law, how and why did a Mrs. Donoghue come to be drinking a bottle of ginger beer containing the remnants of a snail, an event which would determine that ‘the categories of negligence are never closed’? And how did the tranquil market town of Wednesbury become shorthand for ‘unreasonableness’? In Famous Cases: Nine Trials that Changed the Law the authors have painstakingly assembled the less well-known background to a selection of leading cases. From Mareva (synonymous with a type of injunction) to Lord Denning’s classic ruling in the High Trees House case (the turning point for equitable estoppel) to that of the former Chilean head of state General Pinochet (in which the House of Lords heard the facts a second time) the authors offer a refreshing perspective to whet the appetite of newcomers, students and seasoned practitioners alike. The book has an authoritative introduction describing ‘The Origins of the Common Law’ and is enhanced by key extracts from the law reports reproduced courtesy of the Incorporated Council of Law Reporting for England and Wales and the Butterworths Division of Reed Elsevier (UK) Ltd — making it not just an absorbing read but an important work of reference for every legal library and collection.Trade Review'An excellent book'-- Justice of the Peace.Table of ContentsPart I: Introduction - 1: Origin And Growth Of The Common Law; Part II: Criminal Trials - 2: George Joseph Smith And The Brides In The Bath”; 3: Woolmington’s Case; 4: Gypsy Jim Smith; Part III: Civil Cases - 5: Donoghue v. Stevenson; 6: Lord Denning’s “High Trees” Case; 7: Rookes v. Barnard; 8: The Mareva Injunction; 9: Wednesbury Unreasonableness; Part IV: International Law - 10:The Trials Of Augusto Pinochet. Index.

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Book SynopsisDoes the American legal system work as advertised? Does it even work at all?News about abusive police, rotting prisons, and Congressional corruption all point to deep problems. In THE NONSENSE FACTORY, Bruce Cannon Gibney shows that these defects are not aberrations, but the product of the legal system''s ceaseless, heedless growth. The whole factory of the law--legislation, enforcement, judgment, and corrections--has become so ambitious, yet so ignorant, that it cannot help but produce endless problems. The law sprawls into unknowable chaos, and citizens find themselves tangled in a web of obligations they cannot possibly honor, and victims for the unscrupulous to easily exploit. We see this playing out daily in Donald Trump''s America.The legal crisis has become urgent. America is rapidly arriving at the point where no one can understand what law actually is or should do. The result is a system at war with itself, mutually distrustful and hostile in the extreme.

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Book SynopsisThis book analyzes developments in the jurisprudence of the US Supreme Court in the Obama era. It follows three main threads. First, it seeks to describe and characterize the Supreme Court's jurisprudence in this period. Second, it assesses factors influencing developments in the jurisprudence. Finally, it draws broader lessons on how constitutional change works. As the oldest surviving written constitution among Western democracies, and despite having high hurdles for textual changes, the US Constitution has proved to be remarkably flexible. The main reason for this flexibility is the interpretation by the US Supreme Court. This book teases out the mechanism of how the Court manages to maintain this flexibility. Bringing together legal scholars from the United States and Europe who focus on different aspects of the Court's jurisprudence, the work consists of five parts. Part I analyzes the relationship of the Supreme Court with the democratic process. Part II deals with the jurisprTable of Contents1. Introduction, Anna-Bettina Kaiser, Niels Petersen & Johannes Saurer; 2. What Does the Supreme Court Do? Samuel Issacharoff; 3. Politics, Polarization, and the U.S. Supreme Court, Moohyung Cho, Jason Douglas Todd & Georg Vanberg; 4. Presidential Administration in the Obama Era, Jud Mathews; 5. Campaign Finance and Freedom of Speech – A Transatlantic Perspective, Mathias Hong; 6. Key Federalism Cases During the Obama Presidency, Patricia Egli; 7. Immigration Law in the Obama Era, Amanda Frost; 8. All Same-Sex Marriage Is not the Same: Obergefell from a Comparative Perspective, Michaela Hailbronner; 9. The Second Amendment and the Debate on Originalism, Oliver Lepsius; 10. The Obama Era: Freedom of Religion, Antje von Ungern-Sternberg; 11. "Faraway, So Close!" – A Constitutional Perspective on Transatlantic Data Flow Regulation, Thomas Wischmeyer; 12. TTIP and the Challenges of Investor-State-Arbitration: An Exercise in Comparative Foreign Relations Law, Thomas Kleinlein; 13. Transnational Litigation and Extraterritorial Jurisdiction: Domestic Remedies for International Wrongs, Marc Jacob; 14. Comparing Courts, Susanne Baer; 15. An American Perspective on the German Constitutional Court, Justin Collings; Table of Cases; Contributors;

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Book SynopsisA study of legislative developments in areas of law and policy devolved to the Scottish Parliament.Table of ContentsPart I: The Scottish Parliament -- its genesis and operation; 1. Law Making and the Scottish Parliament: The First Decade in Context, The Editors; 2. A Parliament that is different? The Law Making Process in the Scottish Parliament, Professor Alan Page; Part II: Rights and society; 3. Human Rights and People and Society, Aidan O'Neill, QC; 4. Child and Family Law: Progress and Pusillanimity, Professor Elaine E. Sutherland; 5. Culture, Dr Robert Dunbar; 6. Charities, Stuart Cross; Part III: Public administration and services; 7. Local Government, Professor Francis McManus; 8. Housing, Professor Peter Robson; 9. Education: Could Do Better, Janys M. Scott, Q.C.; Part IV: Justice and Legal System; 10. The Reform of the Scottish Judiciary, Professor Gavin F.M. Little; 11. Criminal Law: An Exercise in Ad Hockery?, Professor Pamela R. Ferguson; 12. Juvenile Offending: Welfare or Toughness, Dr. Claire McDiarmid; 13. Evidence, Professor Fraser P. Davidson; Part V: Economy and Environment; 14. Property Law: How the World Changed at Martinmas, Professor Robert Rennie; 15. Business, David Cabrelli; 16. Environment and Sustainable Development, Professor Colin T. Reid; 17. Transport, Ann Faulds and Trudi Craggs.

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Book SynopsisThe fourth edition of this well established and highly regarded work on EU law maintains its character by combining comprehensive yet accessible coverage with in-depth analysis of the law and student-friendly pedagogy. It is fully up to date so encompassing critical examination of new important judgments of EU and national courts and developments in institutional, constitutional and substantive EU Law. The book keeps its unique style in that it is both a textbook and a casebook. Case summaries are highlighted in colour-tinted boxes for ease of reference, and are accompanied by key facts and critical analysis, often in the light of subsequent developments.The student-friendly approach is enhanced by market-driven pedagogical features, including: Concise outlines, at the beginning of each chapter describing its content and assisting in revision; An aide-mémoire, often presented in diagrammatic form, at the end of each chapter to highlight and reinforceTrade Review‘This book provides students with a comprehensive and detailed understanding of all aspects of European Union law. It is clear and accessible and has incorporated the most recent changes to this fast-moving and challenging area of the law. It is a must read for all students of the subject.’ Damian Mather, Senior Lecturer, Manchester Law School. ‘European Union Law fills a niche in the market, having an accessible writing style at the same time as being explanatory, evaluative, thorough and up to date. An essential text facilitative of students’ engagement with, and understanding of, a relevant and evolving subject.’ Diane Ryland, Senior Lecturer, University of Lincoln. Table of Contents1. THE HISTORY OF EUROPEAN INTEGRATION 2. MEMBERSHIP OF THE EU 3. THE INSTITUTIONAL FRAMEWORK OF THE EU 4. SOURCES OF EU LAW 5. LEGISLATIVE PROCEDURES IN THE EU 6. COMPETENCES OF THE EU 7. THE COMMON FOREIGN AND SECURITY POLICY (CFSP): A COMPONENT OF EU FOREIGN ACTION 8. PROTECTION OF FUNDAMENTAL RIGHTS IN THE EU 9. SUPREMACY OF EU LAW 10. DIRECT EFFECT OF EU LAW 11. INDIRECT OR INTRPRETATIVE EFFCT OF EU LAW Indirect or Interpretative Effect of EU LAW 12. DIRECT APPLICABILITY OF EU LAW 13. THE PRINCIPLE OF STATE LIABILITY FOR BREACH OF EU LAW 14. PRELIMINARY RULINGS: ARTICLE 267 TFEU 15. ENFORCEMENT OF EU LAW – ACTIONS AGAINST MEMBER STATES 16. DIRECT ACTIONS AGAINST EU INSTITUTIONS, BODIES, OFFICES OR AGENCIES - PART I Articles 263, 277 and 265 TFEU 17. DIRECT ACTIONS AGAINST EU INSTITUTIONS, BODIES, OFFICES OR AGENCIES - PART II Action for damages: non-contractual liability of the European Union under Article 340(2) TFEU 18. AN INTRODUCTION TO THE INTERNAL MARKET OF THE EU DUTIES AND CHARGES HAVING EQUIVALENT EFFECT TO CUSTOMS DUTIES (CEEs) 19. ABOLITION OF CUSTOMS DUTIES AND CHARGES HAVING EQUIVALENT EFFECT TO CUSTOMS DUTIES (CEEs) 20. PROHIBITION OF DISCRIMINATORY INTERNAL TAXATION 21. PROHIBITION OF QUANTITATIVE RESTRICTIONS (QRs) AND MEASURES HAVING EQUIVALENT EFFECT ON IMPORTS AND EXPORTS (MEQRs) ARTICLES 34 AND 35 TFEU 22. DEROGATIONS FROM ARTICLES 34 AND 35 TFEU LISTED IN ARTICLE 36 TFEU, AND JUSTIFICATIONS BASED ON MANDATORY REQUIREMENTS 23. CITIZENSHIP OF THE EU 24. FREE MOVEMENT OF WORKERS 25.THE RIGHT OF ESTABLISHMENT AND THE RIGHT TO SUPPLY AND RECEIVE SERVICES 26. EXCEPTIONS TO THE FREE MOVEMENT OF PERSONS 27. INTRODUCTION TO EU COMPETITION LAW 28. ARTICLE 101 TFEU 29. ARTICLE 102 TFEU 30. MERGER CONTROL 31. ENFORCEMENT OF ARTICLES 101 AND 102 TFEU 32. THE AREA OF FREEDOM, SECURITY AND JUSTICE (AFSJ)

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Book SynopsisThis book presents an exhaustive, integrated treatment of the law of Delict in Scotland, covering negligence, injuries to specific interests (such as defamation and assault), statutory liability, and defences and remedies. It also gives appropriate consideration to case law and commentary from other jurisdictions, especially England and Wales.

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Book SynopsisIn this groundbreaking work, French legal scholar Alain Supiot examines the relationship of society to legal discourse. He argues that the law is how justice is implemented in secular society, but it is not simply a technique to be manipulated at will: it is also an expression of the core beliefs of the West. We must recognize its universalizing, dogmatic nature and become receptive to other interpretations from non-Western cultures to help us avoid the clash of civilizations. In Homo Juridicus, Supiot deconstructs the illusion of a world that has become 'flat' and undifferentiated, regulated only by supposed 'laws' of science and the economy, and peopled by contract-makers driven by only the calculation of their individual interests.Trade ReviewFrance's most incisive jurist, Alain Supiot . has renewed the idea that all significant belief-systems require a dogmatic foundation by focusing its beam sharply, to the discomfort of their devotees, on the two most cherished creeds of our time: the cults of the free markets and of human rights. -- Perry Anderson * London Review of Books *Alain Supiot develops an original and ambitious approach of the place and role of the law for man with the curiosity and audacity of an anthropologist, but all the while avoiding thetrap of universalism... The use of an anthropological wide-focus lens furnishes him with a wealth of observations which ground a high-calibre reflection, rigorously documented with examples drawn from the legal domain. * Études *After centuries of triumphalism on behalf of homo economicus, one had given up hope of hearing one day about homo juridicus. We can only congratulate Alain Supiot for this work which defends the anthropological function of the law, reminding us that the human being is a metaphysical animal which exists not only in thew universe of things (the economic) but also in a universe of signs. * Revue trimestrielle de droit civil *Novel and crucial -- Peter Goodrich * Modern Law Review *

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Book SynopsisWritten by Stephen Gold, a civil and family judge, legal broadcaster and journalist, this self-help best-seller has been significantly expanded with over 25 new chapters added to make this a 77 chapter bumper second edition covering even more of the legal problems we may all encounter at some time in our lives. So whoever you are – litigant in person, consumer or business owner and you can even be a professional lawyer or legal trainee to derive benefit from the book - you will find entertaining and enormously practical advice, written in straightforward language, direct from the judge’s pen to help you succeed in your dispute - or at least lose well. Been overcharged at a supermarket? Overlooked in a relative’s will? Sold duff goods? Sued for repossession by mortgage lender or landlord? Threatened by being left penniless after a divorce? You can find help here. But now in this second edition, you will also be armed to challenge that parking ticket, cope with a speeding or drink-drive prosecution, get your money back on a Covid cancelled holiday, resist excessive service charges from your landlord and much, much more. And Breaking Law Iooks like being the first book available to cover the new no-fault divorce laws that are due to come into force in April 2022. But Stephen does much more than explain rights. He takes you through how to behave in court (including how to cross-examine) whether it’s a face-to-face or remote hearing. And the book is full of templates: letters to help you win without a court case; documents you can use if the dispute goes to court; and documents such as the change your name deed, the cohabitation agreement, the pre-nuptial agreement, the anti-gazumping agreement, the no-sex agreement and the longest will in the world from which you can chose who inherits and who doesn’t. Throughout, Stephen’s advice is illuminated by tales of how his own disputes with a myriad of businesses have gone. No disputes with the twins Ron and Reg Kray, though. He was their lawyer and there’s a fascinating account of his professional relationship with them and his discovery of what became of Ron’s brain. If you do think you need a lawyer, Stephen provides plenty of ideas of how to get legal advice before handing over any money along with how to source professional help in and out of courts and tribunals for those who cannot afford legal fees (and who can?!). From the moment you get out of bed, you could suddenly find yourself needing this book. So don’t wait till the worst happens, get a copy and keep it handy like thousands of others have done over the last five yearsTrade ReviewReviews of the 1st edition: "Who needs a lawyer once you have Stephen Gold's Breaking Law to hand! An accessible, comprehensive guide to our legal rights. It's an amazing achievement." Jon Snow, Channel 4 News: "Breaking Law is an amusing, entertaining, and incredibly useful book explaining how to make the law work for you, not against you. If you've ever wondered what a judge would say about any legal predicament you find yourself in, well here's the answer!" Piers Morgan, broadcaster and writer : Written clearly and with a real sense of fun, at last a text which strips bare the complexities of our legal system so you, too, can "survive without a lawyer"..... Our Law, at last, accessible to us." Anna Botting, Sky News : "Fun to read but a vital source of knowledge if you are thinking of using the courts" : Justin Webb BBC Radio 4 : Unquestionably the legal book of the year, if not the decade. This is the work of a genius." Professor Dominic Regan, New Law Journal : "A master-class in civil procedure. Whatever your case is about Stephen Gold sets you on the path to winning or (since this is England) losing well. The specimen witness statement about the sale of 62 Wayne Rooney miniatures had me in stitches. A litigant in person would find it all very useful and the seasoned lawyer would learn something too. I did." : Peter Thompson QC, General Editor of the Civil Court Practice (the "Green Book') : "So full of useful stuff that it will be of great use to advisers as well as the advised." David Pickup, Law Society Gazette

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Book SynopsisThe Inner Temple is many things to many people: a community of highly motivated and highly trained professionals; a cluster of fine buildings in the heart of London; an honourable society with its own etiquette, rules and traditions; an institution proud of more than six centuries of history.This richly illustrated celebratory volume published on the occasion of the institution's 400th anniversary, will reflect the distinctively collegiate life in the Inner Temple through stimulating and entertaining individual memories, anecdotes and stories of members of the Society.Themes and topics in the book include: The Temple of the Knights; the coming of the lawyers; Lord Robert Dudley; the pegasus and the revels; from Chaucer to Mortimer - the Inn's literary connections; learning the law; architectural heritage' the Inn's treasures; Lord Chancellors; illustrious and notorious members; life at the Bar and in chambers; the Inner Temple and the wider world and, a day in the life of the Inn.

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Book SynopsisTrade Review"The volume offers, due to its broadness, a good overview and first introduction into the German legal system, especially for lawyers having a common law background." - The European Legal Forum, Issue 2-2009 "I bought the book in November, and it has already proved extremely useful to me, both wearing my freelance translator hat and as a part-time staff translator." - Nigel Hulbert, December 2009 "...one of the essential tools for the legal translator's toolbox." - Kriemhild Zerling, The Capital Translator (Newsletter of NCATA), March 2006 The arrival of the new edition of 'Fisher' is a great day for me as a legal translator. A marvellous resource." - Paul Gretton, November 2008Table of ContentsChapters * Historical Introduction * The Federal State * The Supreme Federal Organs * The Supreme and Other Federal Authorities * The 'Lander' * Local Government * The Constitution ('Grundgesetz') * The Basic Rights * Public and Private Law * Private Law: The Civil Code (BGB) * Private Law: BGB Company Law and The Commercial Code (HGB) * The Private Limited Company (GmbH) * Civil Procedure * Administrative Law * Administrative Procedure * Criminal Law * Criminal Procedure * Employment Law * Business Law ('Wirtschaftsrecht') * Private International Law * International Legal Co-operation * The Legal Profession and Court System Appendices A. Vocabulary: selected German and Latin words and phrases (with their English/legal meanings) B. Abbreviations C. Paragraph Register

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Book SynopsisThe 7th edition of the German Legal System and Legal Language has undergone substantial revision throughout and there has been much amendment and reorganization since publication of the 6th edition. Among the many changes in the 7th edition are the following: • New two-volume format; • Three new chapters: (i) family law and law of succession (ii) procedure in family matters and (iii) international law, domestic law and foreign relations; • Focus on fundamental constitutional concepts, with new exposés on the arrangement of law in codes, features of the German state, law and its relation to the state and the structure of government in the UK;• New exposé on the constitutional right of general freedom of action and the general right of personality; • Discussion of the character of rules of law; • In the chapter on the Civil Code (BGB), new exposés on topics such as; § the principle of good faith; § the object, place and time of performance; § the concept of “loss”; § assignment; § contracts of sale; § contracts for services; § transaction of other people´s affairs without prior authority; § contracts of surety; § tort; § the different types of possession; and § the protection of possession and ownership • Clearer explanation of essential terminology used in German commercial law; • The different types of mercantile agent and the pitfalls of a general power of attorney • “Silent” partnerships; • New exposé on the commissioner; • New exposé on the duty of loyalty between members of a company; • New exposés on establishment of the facts and the burden of proof in civil proceedings; • The German rules regarding arbitration; • New exposé on immediate protective measures in administrative law; • Judicial review of administrative action and enforcement of administrative acts; • Overview of attempt, self-defence and capacity in criminal law; • New exposé on arrest warrants and investigative custody; • Consideration of the fair trial principle and the evidence stage in criminal proceedings • Discussion of shipping documents (bills of lading) and methods of payment (letters of credit) in international trade; • Expanded chapter on private international law, with a new exposé on selection of legal venue.Table of ContentsContents Volume 1 chapters include 1. Historical Introduction 2. The Federal State 3. The Supreme Federal Organs 4. The Supreme and Other Federal Authorities 5. The ‘Länder’ 6. Local Government 7. The Federal Constitution (‘Grundgesetz’) 8. The Basic Rights 9. Public and Private Law 10. Private Law: The Civil Code (BGB) 11. The Civil Code (BGB): Family Law and the Law of Succession 12. Private Law: BGB Company Law and The Commercial Code (HGB) 13. The Private Limited Company (GmbH) 14. Civil Procedure 15. Civil Procedure: Family Matters 16. Administrative Law 17. Administrative Procedure18. Criminal Law 19. Criminal Procedure 20. Employment Law 21. Business Law (‘Wirtschaftsrecht’) 22. Private International Law 23. International Legal Co-operation 24. International Law, Domestic Law and Foreign Regulations 25. The Legal Profession and Court System

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Book SynopsisAreas addressed include: maternal deaths, deaths in psychiatric care, human rights and causation issues. Other topics covered are: practice and procedure in medical inquests, evidence, documentation and pandemics/Covid-19. Medical Inquests critically assesses the pace of change of the law on coroner’s inquests and examines the case for change. The work is eagerly awaited in an area of law which is topical and specialised, yet of great public interest. This book will appeal to all sitting coroners, as well as barristers, solicitors, law students, bereaved families and all those who must interact with the coroner’s service, following a patient’s death, including doctors, nurses and hospital managers.Table of Contents• The Coroner’s Court: History and Function • The Changing Landscape: The 2019 Coroners Act • Causation and The Coroner’s Court • Practice and Procedure At Inquest Part I • Practice and Procedure At Inquest Part II • Documents At Inquest • Verdicts and Recommendations • Human Rights • Maternal Deaths • Judicial Review • Covid-19 and Major Disaster

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Book SynopsisConundrums, puzzles, and perversities: these are the author's stock-in-trade. In this book, he focuses on four fundamental features of our legal system, all of which seem to not make sense on some level and to demand explanation. It contains explanations and apt examples that show why the perversity of the law resists any easy resolutions.Trade Review"Leo Katz wisely peppers his puzzles with humor, jokes, miniplays, and thoughtful warnings of difficult passages to come (along with welcome invitations to skip ahead) that temper this otherwise demanding volume and make following the twists and turns of the argument well worth the challenge. And for those for whom puzzling is a pleasure in itself, the book will be a feast." (Boston Globe) "Mr. Katz unravels the logical tangles with clarity, humor and a light touch - a testament to the quality of his writing." (Wall Street Journal) "Why the Law Is So Perverse is a terrific book. It is original in its general conception and creative in all the particularities of its execution. And in bringing the social choice argument to the law and legal problems, Leo Katz has made an important and novel academic contribution." (Bruce Chapman, University of Toronto)"

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Book Synopsis

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Book SynopsisFocuses on four fundamental features of our legal system which seem to not make sense on some level and to demand explanation.Trade Review"Why the Law Is So Perverse is a terrific book. It is original in its general conception and creative in all the particularities of its execution. And in bringing the social choice argument to the law and legal problems, Katz has made an important and novel academic contribution." (Bruce Chapman, University of Toronto)"

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Book SynopsisSocial movements provide the engine of legal change and law itself spurs social movement activity. This issue includes articles on social movements in several different nations, including France, South Africa and Canada, asking us to consider the way context is reflected in movement activities.Table of ContentsList of Contributors. EDITORIAL BOARD. Two spinning wheels: Studying law and social movements. Decolonizing the law: LGBT organizing in Namibia and South Africa. Social movements and the state's construction of identity: The case of Muslims in France. Rejecting rights: The disability critique of physician assisted suicide. Social movements lashing back: Law, social change and intra-social movement backlash in Canada. Protest arrests and future protest participation: The 2004 republican national convention arrestees and the effects of repression. Convincing elites, controlling elites. After 9/11: Guantánamo and the mobilization of lawyers. Special Issue Social Movements/Legal Possibilities. Studies in law, politics, and society. Studies in law, politics, and society. Copyright page.

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Book SynopsisA rare source of information about late-seventeenth-century trans-Atlantic enterprise and London business, through the letters of a sugar planter and slave trader. The letters written by William Freeman, who had moved from the Caribbean to London to combine these pursuits with the work of a general commission merchant trading to the English West Indies, are a rare source of information about late-seventeenth-century trans-Atlantic enterprise and London business. Selections reproduced here are addressed to partners, agents, employees, correspondents and customers in Freeman's native Leeward Islands, Africa, Madeira, Portugal, France, Ireland, Scotland and the West of England.Freeman's generation participated in the first large-scale cultivation of plantation sugar in the Caribbean Leeward Islands, and in the first sizeable introduction of African slaves into English America, and these two commodities would define the economics of the first Anglo-American empire until its demise.

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Book SynopsisThis collection examines the case for affirmative action in the UK in relation to employment, higher education, the legal profession, the judiciary, political representation and minority language rights. Draws on experience of affirmative action in the United States, Canada and Germany. Contributions highlight the importance of how affirmative action is conceptualised and of context in evaluating the case for affirmative action. Emphasises the need for pragmatic judgments about the likely effectiveness and costs of affirmative action policies. Table of Contents1. Justifying Affirmative Action: Perception and Reality. (Aileen McHarg, Donald Nicolson). 2. Positive Action for Women in Employment: Time to Align with Europe? (Noreen Burrows, Muriel Robison). 3. Affirmative Action in Women's Employment: Lessons from Canada. (Nicole Busby). 4. Affirmative Action: A German Perspective on the Promotion of Women's Rights with Regard to Employment. (Anke J. Stock). 5. Widening Participation and Higher Education. (Lois S. Bibbings). 6. Preferential Treatment, Social Justice, and the Part-time Law Student – The Case for the Value-added Part-time Law Degree. (Andrew M. Francis, Iain W. McDonald). 7. Affirmative Action in the Legal Profession. (Donald Nicolson). 8. Rethinking the Merit Principle in Judicial Selection. (Kate Malleson). 9. Quotas for Women! The Sex Discrimination (Election Candidates) Act 2002. (Aileen McHarg). 10. Minority Business Enterprise Programmes in the United States of America: An Empirical Investigation. (Martin J. Sweet). 11. Is There a Duty to Legislate for Linguistic Minorities? (Robert Dunbar)

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Book SynopsisThis book explores themes of the judiciary's role in government, the separation of powers, judicial independence, and the impact of judicial decisions on public policy. It is particularly relevant to undergraduate students studying political science, law, and governance, offering them a deep understanding of the dynamics between the judiciary and government. Practitioners in the legal field and public administration enhance their knowledge of the intersection between law and governance, making it a valuable resource for professionals in these fields. Policymakers can draw from this knowledge to inform governance structures and policies that uphold the rule of law, and the general public gains awareness of the judiciary's vital role in shaping government policies and ensuring justice.Table of Contents Chapter 1 Foundations of Judiciary and Government Chapter 2 The Role and Function of the Judiciary Chapter 3 Judicial Independence and Accountability Chapter 4 Judiciary and Government in Policy-Making Chapter 5 The Judiciary and Government in Conflict Resolution Chapter 6 Challenges to Judicial Independence Chapter 7 The Role of Judiciary in a Globalized World Chapter 8 Future Perspectives and Emerging Challenges

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Book SynopsisThis fascinating book explores how issues of law and justice are being re-defined by China's obsession with 'social stability' and how this might impact upon claims to legitimacy that the Party-state advances. A first-rate team of experts put their lens on a wide range of important areas including trial and settlement practices, administrative law, criminal justice, environmental pollution, labor relations, land ownership, policing and welfare. Each contribution offers key insights into how we should understand the effects of China s response to increasing social discord.'- Mike McConville, The Chinese University of Hong KongThe Politics of Law and Stability in China examines the nexus between social stability and the law in contemporary China. It explores the impact of Chinese Communist Party's (CCP) rationales for social stability on legal reforms, criminal justice operations and handling of disputes and social unrest inside and outside China's justice agencies.The book presents an extensive investigation into the conceptual and empirical approaches by the Party-state to the management of Chinese citizen complaint and unrest. It explores how the Party-state responds to what it sees as potentially de-stabilizing social action such as public protest, discord, deviance and criminal behavior. This timely and important study reaches across a broad variety of areas within the legal sphere, including substantive criminal law and criminal procedure law reform, labour law, environment and land disputes, policing and surveillance, and anti-corruption drives. The central thread running through all the chapters concerns how the imperative of social stability has underpinned key Party-state approaches to social management and responses to crime, legal disputes and social unrest across the last decade in China.This book will appeal to lawyers, political science scholars and social scientists in the area of China studies. Scholars generally interested in Chinese criminal law and criminal law procedures will also find much in this book that will be of interest to them.Contributors: S. Biddulph, D. Peng, X. He, F. Hualing, G. Zhiyuan, E. Nesossi, M. Palmer, F. Sapio, M. S. Tanner, S. Trevaskes, B. van Rooij, Z. WanhongTrade Review‘Valuable with insightful analysis and powerful discourse on the implications of its topics. The book makes a clear contribution to the literature on the interdependent relationship between politics and law in mainland China.’ -- Siyu Liu, Criminal Law Bulletin‘This fascinating book explores how issues of law and justice are being re-defined by China’s obsession with ‘social stability’ and how this might impact upon claims to legitimacy that the Party-state advances. A first-rate team of experts put their lens on a wide range of important areas including trial and settlement practices, administrative law, criminal justice, environmental pollution, labor relations, land ownership, policing and welfare. Each contribution offers key insights into how we should understand the effects of China’s response to increasing social discord.’ -- Mike McConville, The Chinese University of Hong Kong‘Overall, the editors and contributors of this book have presented an impressive work that would appeal to lawyers, scholars, students in political science. Those who are interested in Chinese studies will also be attracted to the book. . . This volume gives its readers a real insight into the causes of social unrest and instability in contemporary.’ -- Gary Lung, Alternative Law JournalTable of ContentsCONTENTS Preface 1. Stability and the law Susan Trevaskes, Elisa Nesossi, Flora Sapio and Sarah Biddulph 2. Management of stability in labour relations Sarah Biddulph 3. ‘If we award this case to you, all the Chinese people would come to us for justice!’ Land taking cases in the shadow of social stability Xin He 4. Ripples across stagnant water: stability, legal activism and water pollution disputes in rural China Zhang Wanhong and Ding Peng 5. Regulation by escalation: unrest, lawmaking and law enforcement in China Benjamin van Rooij 6. Mediating state and society: social stability and administrative suits Michael Palmer 7. Death sentencing for stability and harmony Susan Trevaskes 8. Criminal procedure, law reform and stability Zhiyuan Guo 9. Stability and anticorruption initiatives: Is there a Chinese model? Fu Hualing 10. The impact of the 2009 people’s armed police law on the people’s armed police force Murray Scot Tanner 11. Detention, stability and ‘social management innovation’ Elisa Nesossi 12. The invisible hand of government: the conceptual origins of social management innovation Flora Sapio 13. Framing the stability imperative Susan Trevaskes, Elisa Nesossi, Flora Sapio, Sarah Biddulph Index

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Book SynopsisLegal reasoning, pronouncements of judgment, the design and implementation of statutes, and even constitution-making and discourse all depend on timing. This compelling study examines the diverse interactions between law and time, and provides important perspectives on how law's architecture can be understood through time. The book reconsiders older work on legal transitions and breaks new ground on timing rules, especially with respect to how judges, legislators and regulators use time as a tool when devising new rules. At its core, The Timing of Lawmaking goes directly to the heart of the most basic of legal debates: when should we respect the past, and when should we make a clean break for the future? This unique resource draws on examples from administrative law, banking law, budget law, constitutional law, criminal law, environmental law, inheritance law, national security law, tax law, and tort law, and will be of interest to academics studying law, political science and economics, as well as to policymakers, legislators, and judges.Contributors include: E. Alston, F. Fagan, D.A. Farber, J.E. Gersen, T. Ginsburg, D. Kamin, S. Levmore, A. Niblett, M.C. Nussbaum, E.A. Posner, J.M. Ramseyer, A.M. Samaha, D. Shaviro, J. SukTrade Review'What a terrific topic for a book - and what a rich and tremendous collection of papers! There are fascinating discussions of whether legal deadlines work, whether traditions deserve respect, when consent (to sex) is relevant, when law is durable, and when law takes effect immediately or instead requires people to act to make it effective in the future. The timing is right: read it now!' --(Cass R. Sunstein, Harvard University, US and author of The World According to Star Wars)Table of ContentsContents: Part I Timing Devices 1. Legal Cycles and Stabilization Rules Frank Fagan 2. Legislating Crisis David Kamin 3. The More It Changes, The More It Stays the Same?: Automatic Indexing and Current Policy Dan Shaviro 4. Racing the Clock: Deadlines, Conflict, and Negotiating in Lawmaking Daniel A. Farber 5. Playing for Constitutional Time: Interim Constitutions and Transitional Provisions Tom Ginsburg and Eric Alston 6. Legislative Sunrises: Transitions, Veiled Commitments, and Carbon Taxes Frank Fagan and Saul Levmore Part II Law's Architecture 7. Timing of Consent Jacob E. Gersen and Jeannie Suk 8. Interest Groups and the Durability of Law Saul Levmore 9. Self-executing Statutes in the Administrative State Adam Samaha 10. Intellectual Property and Legislative Innovation Saul Levmore Part III Time in Judging 11. Janus-Faced Law: A Philosophical Debate Martha C. Nussbaum 12. Renovating the Efficiency of Common Law Hypothesis Frank Fagan 13. Delaying Declarations of Constitutional Invalidity Anthony Niblett 14. The Sins of Their Fathers: Illegitimacy in Japan and Surrogate Punishment across Generations J. Mark Ramseyer Index

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Book SynopsisThe Research Handbook on Legal Pluralism and EU Law explores the phenomenon of overlapping legal systems within the European Union, the nature of their interactions, and how they deal with the difficult question of the legal hierarchy between them. The contributors reflect on the history, sociology and legal scholarship on constitutional and legal pluralism, and develop this further in the light of the challenges currently facing the EU.Addressing pluralism within policy areas such as EMU, migration, and external relations, and applying different perspectives - from the constitutionalist to the Foucauldian - this diverse collection of thinkers about EU law ask whether a pluralist perspective is part of the problem or part of the solution. Contributors offer both critical and positive assessments of the value of pluralist thinking in the EU whilst addressing major issues facing the EU now - Brexit, populism, migration, the Euro-crisis - and asking what lessons can be learned from and for pluralism.This Research Handbook will be invaluable reading for legal academics specialising in EU law, EU constitutional Law, Legal Theory, and political scientists focused on legal aspects of EU integration. Students on advanced courses in EU law and EU constitutional law, as well as judges at the Court of Justice and higher national courts will also find this stimulating reading.Contributors include: C.M. Amhlaigh, M. Avbelj, M. Cahill, G. Cornelisse, G. Davies, N. de Boer, P. Eleftheriadis, T. Flynn, M. Goldmann, C. Kaupa, R.D. Kelemen, P.F. Kjaer, D. Kochenov, J. Lawrence, P. Leino, L. Leppavirta, J. Lindeboom, P. Lindseth, G. Martinico, F.-X. Millet, J. Priban, S. Sankari, K. Tuori, N. WalkerTrade Review'This collection will be of real value to all those interested in the difficult and topical questions of legal pluralism in the European Union. At a time of significant stress within the EU economic, political and legal orders, the essays address a range of themes and topics ranging from broad theoretical and constitutional reflections to more focused case studies of EMU, citizenship, migration and border control, and the EU's relations with non-EU states. The editors have assembled an impressive array of scholars from across the EU to present their particular understandings and critiques of the idea of legal and constitutional pluralism, to interrogate the relationship of legal pluralism to democracy, and to investigate the significance of these ideas in the European Union at present.' --Grainne de Burca, New York University, School of Law, US'Legal pluralism has become a central concept by which to unpack EU and transnational law. It remains, however, an under-applied and under-theorised framework. This Research Handbook decisively fills this gap, developing pluralism's theoretical foundations in novel directions through an outstanding group of contributors and using the concept to re-visit active debates in EU law and politics. I would recommend it to anyone as the definitive guide to legal pluralism in the EU for decades to come.' --Mark Dawson, Hertie School of Governance, GermanyTable of ContentsContents: 1. Introduction Matej Avbelj, Gareth Davies Part I The Nature of European Legal Pluralism 2. Claim-Making and Parallel Universes: Legal Pluralism from Church and Empire to Statehood and the European Union Poul F. Kjaer 3. Subverting Sovereignty’s Voluntarism: Pluralism and Subsidiarity in Cahoots Maria Cahill 4. From Pluralism to Perspectivism Kaarlo Tuori Part II Theorizing EU Constitutional Pluralism 5. The Anatomy of Constitutional Pluralism in the European Union Cormac Mac Amhlaigh 6. Constitutional Conflicts and Agonistic Pluralism: What Can We Learn From Political Theory? Giuseppe Martinico 7. Human Dignity and EU Legal Pluralism Matej Avbelj 8. Constitutional Pluralism Beyond Monism and Dualism François-Xavier Millet 9. Triangular Constitutionalism: The Consequences of Constitutional Pluralism for Domestic Constitutional Thought Tom Flynn 10. The Sociological Concept of EU Constitutional Pluralism Jiří Přibáň Part III EU Legal Pluralism and Democracy 11. Pluralism through Its Denial: The Success of EU Citizenship Dimitry Kochenov and Justin Lindeboom 12. The False Promise of Constitutional Pluralism Nik de Boer 13. The Metabolic Constitution and the Limits of EU Legal Pluralism Peter Lindseth 14. Of Politics and Pluralism: Governmentality and the EU Legal Order Jessica Lawrence 15. The Pluralist Socio-economic Character of the European Treaties Clemens Kaupa Part IV The Practice of EU Legal Pluralism and its Future 16. Is there Room for Legal Pluralism in EU Relations with Third States? A Study of Nordic Approaches to European Integration Päivi Leino and Liisa Leppävirta 17. Constitutional Pluralism and Judicial Adjudication: On Legal Reasoning, Minimalism and Silence by the Court of Justice Suvi Sankari 18. Interpretative Pluralism within EU Law Gareth Davies 19. Discretion, not Rules: Postunitary Constitutional Pluralism in the Economic and Monetary Union Matthias Goldmann 20. The EU’s Relationship to International Law: Lessons from Brexit Pavlos Eleftheriadis 21. Legal Pluralism in the European Regulation of Border Control: Disassembling, Diffusing, and Legalising the Power to Exclude Galina Cornelisse 22. The Dangers of Constitutional Pluralism R. Daniel Kelemen Afterword 23. Pluralism Then and Now Neil Walker Index

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Book SynopsisThis book offers a novel perspective on the leading concept of harmonisation, advocating the mutual benefits and practical utility of harmonised law. Theoretical models and factors for harmonisation are explored in detail. Antonios E. Platsas acknowledges a range of additional factors and presents harmonisation as a widely applicable and useful theory. The Harmonisation of National Legal Systems gives an in-depth insight into the fundamental aspects of harmonisation, including the world of free trade, recognition of human rights and open socio-political systems. Two distinct models for the effective harmonisation of legal systems are explored: a general model and a specific model. The general model relates to minor formal changes introduced in the domestic sphere, while the specific model relates to significant and/or constitutional changes that would be necessitated in domestic law. These models allow for the effective implementation of harmonised legal norms in national spheres. The author examines comparative and socio-legal factors, identifies how the factors are modifiable and creates examples for the movement from theory to practice. Academics, researchers and advanced students of international, European and comparative law will find this an excellent point of reference due to the extensive exploration of the potential of harmonisation theory.Table of ContentsContents: Introduction – Ideological Nexus of the Law Convergence Thesis 1. Definitions, Strategic Considerations and Subject Matter 2. General Model of Incorporating Harmonised Law 3. Specific Model of Incorporating Harmonised Law Introduction to the Factors 4. Comparative Law Factor in the Process of Incorporating Harmonised Law 5. Socio-Legal Factor in the Process of Incorporating Harmonised Law Conclusions: A Few Thoughts

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