Private or civil law: general Books
de Gruyter 631650h 650p650t
Book Synopsis
£399.20
deGruyter Sellier Staudinger BGB 650i650o 650u650v
Book Synopsis
£84.96
de Gruyter 13531362
Book Synopsis
£186.75
de Gruyter Internationales Privatrecht
Book Synopsis
£164.25
de Gruyter 449473 480487
Book Synopsis
£183.20
de Gruyter 312 312aM
Book Synopsis
£135.96
deGruyter Sellier 535556g
Book Synopsis
£375.20
de Gruyter 557580a Anhang Agg
Book Synopsis
£337.50
de Gruyter Eckpfeiler Des Zivilrechts
Book Synopsis
£87.19
de Gruyter 611613
£360.00
deGruyter Sellier Staudinger BGB 677704 Geschäftsführung ohne Auftrag
£175.20
de Gruyter 765778
£195.00
deGruyter Sellier Staudinger BGB 305310 UKlaG AGBRecht 1 und Unterlassungsklagengesetz
£375.20
£343.20
UTB GmbH Fälle und Lösungen zum Medienrecht
Book Synopsis
£18.05
V&R unipress CloudComputingVertrÃge nach Umsetzung der
Book SynopsisDie EuropÃisierung des Privatrechts endete mit Umsetzung der Digitale-Inhalte-Richtlinie
£43.19
Nomos Verlagsgesellschaft Das Beweisrecht Der Zpo: Ein Praxishandbuch Fur
Book Synopsis
£39.60
Nomos Verlagsgesellschaft Pflichtteilsrecht: Burgerliches Recht -
Book Synopsis
£94.40
Nomos Verlagsgesellschaft Regulierung Von Auslandsunfallen
Book Synopsis
£83.30
Ewald von Kleist Verlag Schuldrecht BT leicht gemacht
Book Synopsis
£15.10
The University of Chicago Press Supreme Court DecisionMaking New
Book SynopsisA collection of essays by leading scholars, exploring how justices are influenced by the distinctive features of courts as institutions and their place in the political system. They consider such factors as the influence of jurisprudence, the dynamics of coalition building and the effects of social movements.
£30.00
The University of Chicago Press Restitution Civil Liability for Unjust
Book SynopsisRestitution is the body of law concerned with taking away gains that someone has wrongfully obtained. This book explains restitution doctrines, remedies, and defenses and illustrates them with examples. It demonstrates that the law of restitution is guided by a manageable and coherent set of principles that have remarkable versatility and power.Trade Review"Immensely important. Farnsworth's book is a major contribution to the field, providing a succinct, clear, and theoretically informed summary of the doctrine. I have little doubt that it will be of frequent use in law schools, courtrooms, and law offices alike, thus providing support to the belated revival of restitution in the United States." (Hanoch Dagan, Tel-Aviv University)"
£76.00
The University of Chicago Press Plea Bargaining The Experiences of Prosecutors
Book Synopsis
£27.00
John Wiley & Sons Inc Litigation Support Report Writing
Book SynopsisA comprehensive collection of effective litigation reports on a variety of subjects Accounting, financial, appraisal, and economic experts called upon to provide expert testimony in legal proceedings need reliable models for the critical documents they will submit to the court. Litigation Support Report Writing collects eighteen exemplary reports from a variety of financial topics, providing professionals a comprehensive resource on this vital function. Order your copy today.Table of ContentsPreface. About the Editors. About the Contributors. Part I. Business Appraisal. 1. Valuation of a Manufacturing Facility (Mike Hill and Gerald A. Keller). 2. Valuation of Stock in a Corporation (David N. Fuller). Part II. Employment Litigation. 3. Employment Discrimination (Ali Saad). 4. Wrongful Discharge (Roman L.Weil). Part III. Family Law. 5. Child and Spousal Support (John D. Zante). 6. Valuation and Apportionment of Community and Separate Business Interests (Donald Gursey and Tracy Farryl Katz). 7. Apportionment of Community and Separate Business Interests (Donald Gursey and Tracy Farryl Katz). Part IV. Intellectual Property. 8. Intellectual Property/Equipment (Bruce McFarlane and Lilian Quah). 9. Intellectual Property/Software (Robert L. Vigil). 10. Trademark Misuse/Rebuttal (Jeffrey H. Kinrich). Part V. Personal Injury. 11. Personal Injury (Holly Sharp). 12. Personal Injury/Rebuttal (Jack P. Friedman). Part VI. Real Estate. 13. Real Estate Condemnation (Barry A. Diskin and Liz W. Citron). 14. Land Use/Zoning (Neil G. Carn). 15. Construction Claims (D. Paul Regan and Colin A. Johns). 16. Environmental Damages (Rudy R. Robinson, III). Part VII. Securities Litigation. 17. Shareholders’ Suit against Corporation (David Tabak). 18. Shareholders’ Suit against Corporation/Rebuttal (K. Ramesh, Susan Hoag, Gaurav Jetley). Index.
£135.00
John Wiley and Sons Ltd Mental Health Law for Nurses
Book SynopsisThis text presents the impact of mental health law on nurses. Topics covered include: the code of practice and other guidance; definitions, medical recommendations and implications; admission to hospital; mentally disordered offenders; and information provision to patient and nearest relative.Trade Review"It is a wonder we have managed so long without such a book. It is easy to imagine Mental Health Law for Nurses becoming a standard text if not the standard text on the subject." Tony Gillam, Nursing Times, 1996 "Mental Health Law for Nurses is well and worthily recommended in this difficult area of care." William Whitfield, Journal of Advanced Nursing, Vol. 24.Table of ContentsIntroduction; The Code of Practice and other guidance; Definitions of mental disorder and medical recommendations for admission; Admission to hospital under Part II of the Act; Admission ot hospital under Part III of the Act: mentally disordered offenders; Provision of information to the patient and nearest relative; The nearest relative; Consent to treatment; Appeals against detention; Leave with consent under section 17; Returning the patient to hospital; Entering premises to take a patient; Police powers of arrest; Transfer of patients; Guardianship; The role of the approved social worker and the social worker; Community care; Rectification of documents; The Mental Health Act Managers; The Mental Health Act Commission; Offences under the Act and staff protection against court action by the patient; Conclusion; Glosssary; Table of Cases; Table of Statutes and Statutory Instruments; Appendices
£60.75
Harvard University Press One Case at a Time
Book SynopsisOne of America's preeminent constitutional scholars, Sunstein mounts a defense of the most striking characteristic of modern constitutional law: the inclination to decide one case at a time. Examining various controversies, he shows how—and why—the Court has avoided broad rulings, and in doing so has fostered public debate on difficult topics.Trade ReviewWith his new book, Sunstein joins a distinguished line of liberal constitutional theorists who have defended the democratic value of judicial modesty...[One Case at a Time is] uniquely well-suited to an age that has lost its constitutional faith...No other scholar has captured the temper of the current majority as neatly as Sunstein, nor has anyone else attempted to provide a theoretical justification for what other observers took to be ad-hockery or improvisation. For these reasons, Sunstein's book deserves close attention. -- Jeffrey Rosen * New Republic *Sunstein is among this country's most respected legal scholars [and] One Case at a Time reflects [his] mastery of Supreme Court law, of constitutional theory and of political science...One Case at a Time presents a fascinating argument: that there is a hidden majority of [judicial minimalist] Justices, that it is right in what it is doing and that it is adjudicating in a way that moves beyond the recent ideological stalemate about the Supreme Court's role...[Sunstein's] book demonstrates what a shame it is that the Clinton White House hasn't picked him to serve as a Federal judge. The Reagan and Bush Administrations put accomplished legal theorists on the bench to turn their conservative vision into legal reality. But the Clinton team has failed to follow the Reagan-Bush lead... One Case at a Time makes that reluctance look like a significant lost opportunity. Respectful of the political branches, mindful of the role of the Supreme Court in the whole of American government, this admirable book makes a judicious case for a philosophy of judging as a humble, difficult, essential art. The book also demonstrates that Sunstein would practice that art well. -- Lincoln Caplan * New York Times Book Review *In a lucid examination of specific cases, Mr. Sunstein demonstrates how [judicial minimalism] should be done and achieves what has so far been elusive, a genuine theory of judicial minimalism, which many judges strive for but often have difficulty describing or justifying. * The Economist *With One Case at a Time, Cass Sunstein may well become known as the Nathan Detroit of constitutional law. For this is a shrewd and clever book. -- Gary McDowell * Washington Times *In One Case at a Time, Sunstein describes the current Supreme Court's 'judicial minimalism'--deciding cases as narrowly as possible, without widely applicable rules. This position, he urges, can support deliberative democracy, particularly if the issues involved are complex and no citizen consensus has emerged. Sunstein outlines his arguments and applies it in analyzing recent decisions on 'affirmative action, discrimination on the basis of sex and sexual orientation, the right to die, and new issues of free speech raised by...communications technologies.' He then addresses alternatives to minimalism, mainly Justice Scalia's 'democratic formalism' and the complaint that minimalist decisions lack theoretical depth as well as breadth, concluding by summarizing his view of the place of judicial minimalism in a democracy. -- Mary Carroll * Booklist *Labeling and 'bean counting' of the Supreme Court and its Justices are frequently all that Americans get by way of description of the activities of the highest court in our system. Even the legal profession finds it is easier to label than to analyze. That is why Cass Sunstein's book is just what the country needs--an understandable analysis of how this Supreme Court goes about its decision making. If it seems to make the 'conservatives' the 'activists' and the 'liberals' the 'strict constructionists,' that only proves that those labels are not very useful and more often than not reflect the eye of the beholder. Nor can Professor Sunstein's use of the word minimalism be dismissed as just another pretty label. The term aptly describes what has been the very touchstone of both the common law and constitutional theory in America for a long, long time. The book represents Sunstein at his best. -- Abner J. Mikva, former Chief Judge, U.S. Court of Appeals for the D.C. CircuitAgainst the tide of those who lament the lost Warren Court or hunger for its conservative successor, Cass Sunstein argues that the current Supreme Court correctly avoids grand constitutional theories in favor of narrow decision making that leaves most matters of distribution and social justice to be decided by democratic majorities. Written with great lucidity, verve, and mastery of contemporary currents in political theory and constitutional law, this is the first judicial philosophy of and for the post-Bork appointees to the Court. -- Kathleen M. Sullivan, Stanford Law SchoolAn original and deftly executed contribution to the voluminous literature on constitutional interpretation. Sunstein is utterly at home with the details of constitutional opinions and with recent work in political theory. Scrutinizing the work of the current Supreme Court in various legal domains, he urges the democratic merits of its caution. This is a book not just for professors and lawyers, but for citizens. -- Don Herzog, University of Michigan Law SchoolTable of ContentsPart 1 Argument: leaving things undecided; democracy-promoting minimalism; decisions and mistakes; minimalism's substance. Part 2 Applications: no right to die? affirmative action casuistry; sex and sexual orientation; the first amendment and new technologies. Part 3 Antagonists: width? Justice Scalia's democratic formalism; depth? from theory to practice; conclusion - minimalism and democracy.
£30.56
University of British Columbia Press Still Dying for a Living Corporate Criminal
Book SynopsisStill Dying for a Living investigates the state’s (in)ability to develop effective legal strategies for holding corporations accountable for serious injury and death in the workplace.Table of ContentsForeword: The Struggle for Corporate Accountability / Steve TombsPreface1 Introduction: What Is Crime?2 Criminal Liability and the Corporate Form3 Theorizing Corporate Harm and Wrongdoing4 Constituting the Corporate Criminal through Law5 Visions of Economic Grandeur: The Influence of Corporate Capitalism6 Obscuring Corporate Crime and the Corporate Criminal7 Disciplining Capital: More of the Same or Hope for the Future?AppendicesNotesReferencesIndex
£73.80
University of British Columbia Press Still Dying for a Living Corporate Criminal
Book SynopsisStill Dying for a Living investigates the state’s (in)ability to develop effective legal strategies for holding corporations accountable for serious injury and death in the workplace.Table of ContentsForeword: The Struggle for Corporate Accountability / Steve TombsPreface1 Introduction: What Is Crime?2 Criminal Liability and the Corporate Form3 Theorizing Corporate Harm and Wrongdoing4 Constituting the Corporate Criminal through Law5 Visions of Economic Grandeur: The Influence of Corporate Capitalism6 Obscuring Corporate Crime and the Corporate Criminal7 Disciplining Capital: More of the Same or Hope for the Future?AppendicesNotesReferencesIndex
£25.19
University of Toronto Press Law Rhetoric and Irony in the Formation of
Book SynopsisIn Rhetoric, Irony, and Law in the Formation of Canadian Civil Culture, Michael Dorland and Maurice Charland examine how, over the roughly 400-year period since the encounter of First Peoples with Europeans in North America, rhetorical or discursive fields took form in politics and constitution-making, in the formation of a public sphere, and in education and language. The study looks at how these fields changed over time within the French regime, the British regime, and in Canada since 1867, and how they converged through trial and error into a Canadian civil culture. The authors establish a triangulation of fields of discourse formed by law (as a technical discourse system), rhetoric (as a public discourse system), and irony (as a means of accessing the public realm as the key pillars upon which a civil culture in Canada took form) in order to scrutinize the process of creating a civil culture. By presenting case studies ranging from the legal implications of the tra
£36.00
University of Toronto Press Canadas Trial Courts Two Tiers or One
Book SynopsisFeaturing distinguished contributors from a variety of disciplinary backgrounds, Canada's Trial Courts offers a comprehensive and up-to-date examination of an important but neglected issue that ultimately has a profound impact on the quality of justice that Canadians experience.
£50.15
Edward Elgar Publishing Ltd Freedom Under the Private Law
Book SynopsisTrade Review‘Allan Beever’s fascinating book is an extended meditation on the rule of law. Through a series of vignettes Beever questions what he calls the “standard narrative” about the relationship between law and politics and challenges many common assumptions about what it means to do justice. While not everybody will embrace the conclusions that Beever draws, all readers will be engaged by his arguments. It is a bold and bracing read.’ -- Andrew Botterell, University of Western Ontario, CanadaTable of ContentsContents: 1 Introduction PART I THE COLLECTIVIST STATE 2 The decline of the rule of law 3 The rise of the welfare state 4 Marx and the modern world 5 Collectivist government in the twentieth century 6 Key conclusions on the collectivist state PART II LAW IN THE COLLECTIVIST STATE 7 Freedom under the law 8 Abuse of rights 9 Tailoring rights 10 Demoting rights 11 In lieu of rights 12 Negligence and the collapse of the rule of law 13 Punishment and the Philosopher Kings 14 Conclusion to Freedom under the Private Law Bibliography Index
£105.00
Edward Elgar Publishing Ltd Advanced Introduction to International
Book SynopsisA lucid and accessible explanation of international intellectual property law. The authors do not shrink from the complexities and nuances of the field but manage commendably to present them as a part of a coherent system.'- Graeme B. Dinwoodie, University of Oxford, UK'Written by two of the foremost scholars in trade and intellectual property, this book offers a clear and comprehensive overview of the institutions, actors, texts, concepts, norms and issues encountered in the intellectual property arena. It is hard to imagine a better introduction to the international regime. Indeed, it is a 'must-have' for anyone entering the field from the academy, practice, government, arbitration or adjudication.'- Rochelle Dreyfuss, New York University, School of Law, US'International norms constitute an essential framework at global, regional and domestic level for any development of this increasingly important but also complex area of law which is intellectual property. This advanced introduction to international property authored by Professor Frankel and Professor Gervais, two leading scholars in this field, is therefore particularly timely, as it presents in a condensed but complete and easy accessible way all the relevant institutions and actors, the major instruments, the key concepts, the current norms and the most important challenges to be addressed by the international intellectual property system. A must have in any good IP library!'- Christophe Geiger, University of Strasbourg, France'This concise manual offers an ideal overview of international intellectual property. It will serve as a valuable Introduction for readers unfamiliar with intellectual property law, or with certain of its branches. But even readers already versed in some or all IP areas will also find illuminating insights throughout each chapter. Moreover, in addition to the principal traditional intellectual property sectors, the book addresses topics that have more recently commanded the attention of scholars and policy makers, particularly private international law and the relationship of IP and traditional knowledge.'- Jane C. Ginsburg, Columbia University, School of Law, USElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world s leading scholars.This authoritative introduction provides a detailed overview of the complexities of the international intellectual property regime and the ways in which it operates. The authors cover the key international institutions and agreements that regulate and inform intellectual property at an international level such as the TRIPS Agreement, WIPO, WTO, the Paris Convention and the Berne Convention. The book serves as a platform to understand and contextualize policy discussions on topics such as public health, Internet regulation, as well as regional and bilateral trade treaties.Key features include:- Accessible and carefully summarized overview of the field- Comprehensive and up-to-date review of all major international intellectual property institutions and instruments- Introduces current issues within international IP negotiations- Provides tools to analyze the history and possible future development of international IP norms.Students, researchers, policy makers and practitioners of intellectual property will find this book to be an invaluable resource in gaining an understanding of the international rules and context in which both domestic and international IP policy issues should be understood.Trade Review‘A lucid and accessible explanation of international intellectual property law. The authors do not shrink from the complexities and nuances of the field but manage commendably to present them as a part of a coherent system.’ -- Graeme B. Dinwoodie, University of Oxford, UK‘Written by two of the foremost scholars in trade and intellectual property, this book offers a clear and comprehensive overview of the institutions, actors, texts, concepts, norms and issues encountered in the intellectual property arena. It is hard to imagine a better introduction to the international regime. Indeed, it is a “must-have” for anyone entering the field from the academy, practice, government, arbitration or adjudication.’ -- Rochelle Dreyfuss, New York University, School of Law, US‘International norms constitute an essential framework at global, regional and domestic level for any development of this increasingly important but also complex area of law which is intellectual property. This advanced introduction to international property authored by Professor Frankel and Professor Gervais, two leading scholars in this field, is therefore particularly timely, as it presents in a condensed but complete and easy accessible way all the relevant institutions and actors, the major instruments, the key concepts, the current norms and the most important challenges to be addressed by the international intellectual property system. A must have in any good IP library!’ -- Christophe Geiger, University of Strasbourg, France‘This concise manual offers an ideal overview of international intellectual property. It will serve as a valuable Introduction for readers unfamiliar with intellectual property law, or with certain of its branches. But even readers already versed in some or all IP areas will also find illuminating insights throughout each chapter. Moreover, in addition to the principal traditional intellectual property sectors, the book addresses topics that have more recently commanded the attention of scholars and policy makers, particularly private international law and the relationship of IP and traditional knowledge.’ -- Jane C. Ginsburg, Columbia University School of Law, US‘Advanced Introduction to International Intellectual Property is an excellent, conveniently concise and thorough introduction to the concepts, actors and conventions that shape intellectual property at international level. It was written by two leading experts in the field, who also offer an insight into the key sticking points and areas where further evolution and debate can be expected in the coming years. This is a perfect addition to the existing sources in this complex field.’ -- Paul Torremans, University of Nottingham, UK‘This excellent book would be a useful text for overview courses on international intellectual property law and it provides a very helpful introduction to the field for further study.’ -- European Intellectual Property ReviewTable of ContentsContents: Introduction 1. The Institutions and Actors of International Intellectual Property 2. The Major Instruments of International Intellectual Property 3. Key Concepts of International Intellectual Property 4. The Current Norms of International Intellectual Property 5. Key Issues in International Intellectual property Index
£89.00
Edward Elgar Publishing Ltd Enforcing Transnational Private Regulation: A
Book SynopsisThis important book offers an innovative empirical study of the enforcement of transnational private regulation, and complements the existing literature on private standard setting to offer a really major contribution to the field of regulatory governance.'- Colin Scott, UCD Sutherland School of Law, Ireland'Paul Verbruggen demonstrates his capabilities to handle and to lay out the complex regulatory structures in two heterogeneous fields of law and social interaction. The material presented is of incredible value for all those working in the field of transnational private regulation, enforcement and more theoretically on the reasons behind the public/private divide.'- Hans-Wolfgang Micklitz, European University Institute, Italy'Enforcing Transnational Private Regulation provides a rich and detailed analysis of the interaction between public and private mechanisms in the enforcement of transnational private regulation in the fields of advertising and food safety regulation, exploring the relative capacities of different actors to enforce transnational regulatory norms, from public agencies to NGOs.'- Julia Black, London School of Economics, UKMost recent studies on transnational private regulation have limited themselves to the examination of a single regime, industry or sector. This book fills a gap in the current literature, offering a rich comparative study of the institutional design of transnational private regulation in the fields of advertising and food safety.The author provides original insights in the practice of enforcing transnational private regulation and its interplay with courts and administrative authorities. The book's findings, drawn from jurisdictions in the European Union, help identify circumstances in which administrative enforcement may strengthen private enforcement mechanisms, illuminate the role of courts in enforcing transnational private regulation, and inform current theoretical understandings of the function of public enforcement capacity in private regulatory regimes.This book will appeal to scholars and students of regulation and enforcement, as well as policy makers and lawmakers concerned with advertising and food safety regulation.Contents: 1. Introduction: transnational private regulation and the challenge of enforcement 2. Research on transnational private regulation and its enforcement 3. Transnational private regulation of advertising 4. Institutional design of advertising code enforcement and public enforcement 5. Interplay between advertising code enforcement and public enforcement 6. Transnational private regulation of food safety 7. Institutional design of private food safety certification schemes 8. Interplay between private food safety certification schemes and public enforcement 9. Comparative analysis 10. Conclusions Annex: List of interviews IndexTrade Review‘This important book offers an innovative empirical study of the enforcement of transnational private regulation, and complements the existing literature on private standard setting to offer a really major contribution to the field of regulatory governance.’ -- Colin Scott, UCD Sutherland School of Law, Ireland‘Paul Verbruggen demonstrates his capabilities to handle and to lay out the complex regulatory structures in two heterogeneous fields of law and social interaction. The material presented is of incredible value for all those working in the field of transnational private regulation, enforcement and more theoretically on the reasons behind the public/private divide.’ -- Hans-Wolfgang Micklitz, European University Institute, Italy‘Enforcing Transnational Private Regulation provides a rich and detailed analysis of the interaction between public and private mechanisms in the enforcement of transnational private regulation in the fields of advertising and food safety regulation, exploring the relative capacities of different actors to enforce transnational regulatory norms, from public agencies to NGOs.’ -- Julia Black, London School of Economics, UKTable of ContentsContents: 1. Introduction: transnational private regulation and the challenge of enforcement 2. Research on transnational private regulation and its enforcement 3. Transnational private regulation of advertising 4. Institutional design of advertising code enforcement and public enforcement 5. Interplay between advertising code enforcement and public enforcement 6. Transnational private regulation of food safety 7. Institutional design of private food safety certification schemes 8. Interplay between private food safety certification schemes and public enforcement 9. Comparative analysis 10. Conclusions Annex: List of interviews Index
£111.00
Edward Elgar Publishing Ltd Advanced Introduction to Private Law
Book Synopsis'A clear, accurate and extraordinary concise guide to the major doctrines of private law and current thought about what they mean.- James Gordley, Tulane University School of LawElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. In this Advanced Introduction, one of the world's leading private law scholars takes the reader on an intellectual journey through the different facets and dimensions of the field, from the family home to Kuta Beach and from Thomas Piketty to Nina Hagen. This concise book provides an accessible and fresh introduction to private law, presenting the topic as a unified whole of which the main branches - on contract, tort, property, family and inheritance - are governed by conflicts between individual autonomy and countervailing principles. The book stands out as a unique account of how private law allows individuals to optimally flourish in matters of economy, work, leisure, family and life in general.Key features include:- succinct yet engaging and highly informative overview of private law, aimed at an audience of specialists and non-specialists alike- written in a clear and engaging style- ample attention to the policy choices behind the rules- examples from a wide range of jurisdictions in both Europe, the UK and the US- places private law in its larger economic and societal context- addresses the potential and the limits of private law in dealing with global societal challenges, such as economic inequality, the fair use of resources and protecting future generations- considers how the field could develop in the future. Engaging and wide-ranging, this is an excellent introduction for students and academics new to the field and allows practitioners to quickly master the core principles behind private law.Trade Review'This Advanced Introduction to Private Law reviews the development of private law on contract, tort, property, family and succession. The way in which it underlines conflicts between private autonomy and countervailing principles is fascinating for all those needing to quickly gain an understanding of the core principles and key issues on private law.' --Benedicte Fauvarque-Cosson, University of Paris II Pantheon-Assas, France'Jan Smits succeeds in giving a jargon-free and masterly concise overview of the essential questions and debates in private law. Law students would be well advised to read it twice: once at the very beginning and again at the very end of their private law studies. Non-lawyers will find it accessible and stimulating, and they will be surprised how interesting the law is, once it is reduced to its core issues.' --Stefan Vogenauer, Max Planck Institute for European Legal History, Frankfurt, Germany'This book provides a splendid overview of the key questions of private law. It is written in a crystal-clear and straightforward language and addresses all core problems of the law of contract, tort and property and of family law and succession law. All issues are placed in a wider social context and often illustrated by references to solutions of English, American, French or German law. While the book was written for a general audience and lacks technical jargon and conceptual refinements it should nonetheless be read by law students as well because it demonstrates in a stimulating and persuasive manner how private law tries to find its way between ensuring the individual's freedom of choice, on the one hand, and the search for fairness, the defense of the weak and vulnerable and the protection of the public interest, on the other.' --Hein Kotz, Max Planck Institute for Comparative and International Private Law, Hamburg, GermanyTable of ContentsContents: Preface 1. Introduction: Aims and Contours of Private Law 2. Contract Law 3. Tort Law 4. Property Law 5. Family Law 6. Succession Law 7. Epilogue Index
£89.00
Edward Elgar Injunctions in Private Law
Book SynopsisInjunctions in Private Law presents the key principles, rules and case law relating to the granting of injunctions as remedies in private law. This authoritative work addresses a range of legal infringements namely nuisance, trespass, invasion of privacy, breach of contract and the infringement of intellectual property rights.
£165.00
Edward Elgar Publishing Ltd Generic Top-Level Domains: A Study of
Book SynopsisThis topical book critically examines the regulatory framework for generic Top-Level Domains (gTLDs) on the Internet. The regulation drawn up by the Internet Corporation for Assigned Names and Numbers (ICANN) applies at a global level, complementing national and international law. These rules form part of a growing body of transnational private regulation. Generic Top-Level Domains offers a clear and engaging analysis of how ICANN has tackled a diverse set of regulatory issues related to the introduction of new gTLDs, such as property rights, competition and consumer protection. Studying recent case law, the book argues for a stronger focus on procedural fairness for future introductions of new gTLDs. It also highlights how ICANN's contractual framework regulates the registration and use of domain names and argues that ICANN's regulatory authority ought to be clarified in order to avoid regulatory overreach. Uniquely comprehensive, this book will appeal to students and scholars with an interest in Internet governance, domain name law and transnational private regulation. Practitioners working in the domain name industry will also find this a valuable resource.Trade Review'Tobias Mahler's book Generic Top-Level Domains is a highly important contribution to the newly developing concept of transnational private regulation. The alteration and expansion of the domain name space since 2012 merit the given deep analysis of the globally applicable rules pertaining to an emerging class of legal sources and of the changing property and contract rights notions. The book convincingly also pleads for the implementation of a more elaborated ICANN arbitration system.' --Rolf H. Weber, University of Zürich, Switzerland'This study by Tobias Mahler is a sophisticated, highly recommended piece of research. It describes the whole universe of ICANNs theories and their role in establishing new gTLDs. With his broad knowledge and expertise in information law, Tobias Mahler capably defines new problems related to the regulation of gTLDs. Everyone who is interested in Internet governance definitely needs to buy this masterpiece of research.' --Thomas Hoeren, University of Muenster, GermanyTable of ContentsContents: PART I ICANN AND GENERIC TOP-LEVEL DOMAINS 1. Introduction 2. A global ‘private’ regime governing the Domain Name System (DNS) 3. The Internet Corporation for Assigned Names and Numbers (ICANN) on a path toward a constitutional system 4. The 2012 generic Top-Level Domain (gTLD) programme PART II THE INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS (ICANN) AS A TRANSNATIONAL REGULATOR 5. Transnational private regulation 6. The Internet Corporation for Assigned Names and Numbers’ (ICANN’s) regulatory authority PART III PROPERTY RIGHTS AND COMPETITION IN THE DOMAIN NAME MARKET 7. Property rights in generic Top-Level Domains (gTLDs) 8. Market regulation PART IV THE PROCEDURE FOR ALLOCATING GENERIC TOP-LEVEL DOMAIN (GTLD) RIGHTS 9. The application process 10. Expert determinations and procedural fairness PART V REGULATING DOMAIN NAME REGISTRATION AND USE 11. ‘Public interest’ regulation 12. Regulated non-use of domain names 13. Concluding remarks Bibliography Index
£116.47
Edward Elgar Publishing Ltd The Turning Point in Private Law: Ecology,
Book SynopsisCan private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort.In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments.Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.Trade ReviewThe Turning Point in Private Law offers a radical and clear analysis of the most fundamental legal institutions of private law and suggest a way out from the serious threat to the survival of civilization on our planet caused by the dominant extractive policy in the Anthropocene. Bringing together the most advanced insights of legal theory, Mattei and Quarta demonstrate how ecological awareness can transform lawyers understanding of the generative system of law. A stimulating challenge speaking to lawyers as well as to everyone in today's political climate.' --Antonio Gambaro, Accademia dei Lincei, Italy'A political manifesto for the survival of critical legal thought, this brilliant little book responds to the most destructive forms of global capitalism with a counter-hegemonic interpretation of the foundational institutions of private law, in order to produce a new ecological order based on the collective intelligence of the common(s).' --Horatia Muir Watt, Sciences Po Law School, FranceTable of ContentsContents: Preface Introduction 1. Property Law 2. Legal personality and sovereignty 3. Contract Law 4. Tort Law Conclusions Index
£83.00
Edward Elgar Publishing Ltd Judicial Cooperation in European Private Law
Book SynopsisNotwithstanding increases in the scope for interaction between European and national courts, little research has been undertaken into the potential impact of institutional cooperation and dialogue in European private law making. This coherent collection of original chapters provides unique insights into these developments - with a particular focus on consumer law, and changes in national civil procedure via substantive law enforcement - from a broad range of stakeholders, including academics and judges from the EU and the US. Dialogue of both a vertical (between national and European courts) and horizontal (between national courts) nature is visible in the growing number of preliminary references to the CJEU in European private law. Combined with activism on the part of national courts and the growing importance of regulators, this dialogue brings about new forms of development of European private law. This book offers a case-based analysis of these processes, highlighting the need to focus on the instruments of dialogue and cooperation, and pressing beyond the prevailing focus on constitutional dialogue to reveal a new perspective on the private law sphere. Judicial Cooperation in European Private Law will appeal to scholars, students, practising lawyers and judges interested in the creation and development of European private law at both national and EU levels.Contributors include: F. Cafaggi, A.C. Ciacchi, F. Gómez Pomar, M. Józon, S. Law, K. Lyczkowska, M. Safjan, A.J. Scirica, C. TimmermansTrade Review'In 2014, the European Commission proposal for an optional European sales law was withdrawn. Meanwhile, the discussion of a European private law has become very successful. The existing acquis has been supplemented by a wealth of case law. This has resulted in an intensive dialogue of national courts, the Court of Justice of the European Union and the European Court of Human Rights. In this book, the recent arrival on the scene of European and national regulators is welcomed and analysed.' --Ewoud Hondius, University of Utrecht, the NetherlandsTable of ContentsContents: 1. Judicial dialogue in European private law: introductory remarks Fabrizio Cafaggi and Stephanie Law 2. Looking Behind the Scene of Judicial Cooperation in Preliminary Procedures Christiaan Timmermans 3. Fields of Application of the Charter of Fundamental Rights and Constitutional Dialogues in the European Union Marak Safjan 4. The Structure of US Federal and State Courts and Mechanisms for Formal and Informal Resolution of Conflicts Anthony J. Scirica 5. Spanish Courts, the European Court and Consumer Law: Some Thoughts on their Interaction Fernando Gómez Pomar and Karolina Lyczkowska 6. The Methodology of Judicial Cooperation in Unfair Contract Terms Law Mónika Józon 7. The CJEU’s Interpretation of the Consumer: What Significance of Judicial Cooperation? Stephanie Law 8. European fundamental rights and private litigations: judicial dialogue and judicial governance Aurelia Colombi Ciacchi 9. On the Transformations of European Consumer Enforcement Law: Judicial and Administrative Trialogues, Instruments and Effects Fabrizio Cafaggi Index
£105.00
Edward Elgar Publishing Ltd Property Law
Book SynopsisThis important research review considers the seminal legal articles in property law and its subtopics published during the 20th and 21st centuries. The coverage is broad, as comprehensive as possible, ranging from theoretical to practical and doctrinal. The authors of the pieces under discussion are primarily American and all stand as leading figures in their respective fields. The text places its focus on topics of current interest, including economic and non-economic theories of property, the takings problem, and the reform of the law of land-use servitudes.Trade Review‘Property is one of the most essential - and most misunderstood - concepts. The law of property is complex because the institution of private property fills a wide variety of functions, from providing security and autonomy to generating social welfare to supporting democratic political institutions. Understanding property is immeasurably enhanced by looking at it from a variety of normative perspectives and understanding how it has changed over time. These volumes address key issues by explaining debates among important theorists, all of whom have insights worth studying. The authors collected here have each put their mark on the field, and the editors have skillfully framed the fruitful debates they generated. A must-have compendium.’ -- Joseph William Singer, Harvard Law School, USTable of ContentsContents: Volume I Acknowledgements vii Introduction Gregory S. Alexander ix PART I CONCEPTUAL MATTERS: STRUCTURING OWNERSHIP 1. William Blackstone (1979 [1765–1769]), ‘The Rights’ in Commentaries on the Laws of England, Volume II, Chicago, IL: University of Chicago Press, 2 2 2. Wesley N. Hohfeld (1917), ‘Fundamental Legal Conceptions as Applied in Judicial Reasoning’, Yale Law Journal, 26 (8), June, 710–70 3 3. A.M. Honoré (1961), ‘Ownership’, in A.G. Guest (ed.), Oxford Essays in Jurisprudence: A Collaborative Work, Chapter V, Oxford, UK and New York, NY, USA: Oxford University Press, 107–47 64 4. Thomas C. Grey (1980), ‘The Disintegration of Property’, in J. Roland Pennock and John W. Chapman (eds), Nomos XXII: Property, New York, NY, USA: New York University Press, 69–85 105 5. Henry E. Smith (2012), ‘Property as the Law of Things’, Harvard Law Review, 125 (7), May, 1691–726 122 PART II THE OBJECTS OF PROPERTY 6. Charles A. Reich (1964), ‘The New Property’, Yale Law Journal, 73 (5), April, 733–87 159 7. Margaret Jane Radin (1987), ‘Market-Inalienability’, Harvard Law Review, 100 (8), June, 1849–937 214 8. Cheryl I. Harris (1993), ‘Whiteness as Property’, Harvard Law Review, 106 (8), June, 1707–91 303 9. Joseph William Singer (1988), ‘The Reliance Interest in Property’, Stanford Law Review, 40 (3), February, 611–751 388 10. Sarah Harding (1999), ‘Value, Obligation and Cultural Heritage’, Arizona State Law Journal, 31 (2), February, 291–354 529 PART III RULES VERSUS STANDARDS IN PROPERTY LAW 11. Carol M. Rose (1988), ‘Crystals and Mud in Property Law’, Stanford Law Review, 40 (3), February, 577–610 594 12. Henry E. Smith (2009), ‘Mind the Gap: The Indirect Relation Between Ends and Means in American Property Law’, Cornell Law Review , 94 (4), May, 959–89 628 13. Gregory S. Alexander and Eduardo M. Peñalver (2012), ‘The Right to Exclude and its Limits’, in (eds) An Introduction to Property Theory , Chapter 7, Cambridge, UK: Cambridge University Press, 130–55 659 PART IV THE ECONOMIC APPROACH TO PROPERTY 14. Harold Demsetz (1967), ‘Toward a Theory of Property Rights’, American Economic Review , 57 (2), May, 347–59 686 15. Guido Calabresi and A. Douglas Melamed (1972), ‘Property Rules, Liability Rules, and Inalienability: One View of the Cathedral’, Harvard Law Review , 85 (6), April, 1089–128 699 16. Robert C. Ellickson (1986), ‘Of Coase and Cattle: Dispute Resolution Among Neighbors in Shasta County’, Stanford Law Review , 38 (3), February, 623–87 739 PART V NON-ECONOMIC THEORIES OF PROPERTY 17. Margaret Jane Radin (1982), ‘Property and Personhood’, Stanford Law Review , 34 (5), May, 957–1015 805 18. Gregory S. Alexander (2009), ‘The Social-Obligation Norm in American Property Law’, Cornell Law Review , 94 (4), May, 745–819 864 Volume II Acknowledgements vii Introduction: An Introduction by the editor appears in Volume I PART I THE NUMERUS CLAUSUS QUESTION 1. Thomas W. Merrill and Henry E. Smith (2000), ‘Optimal Standardization in the Law of Property: The Numerus Clausus Principle’, Yale Law Journal, 110 (1), October, 1–70 2 2. Henry Hansmann and Reinier Kraakman (2002), ‘Property, Contract, and Verification: The Numerus Clausus Problem and the Divisibility of Rights’, Journal of Legal Studies, 31 (S2), June, S373–S420 72 PART II COMMONS AND PROPERTY RIGHTS 3. Michael A. Heller (1998), ‘The Tragedy of the Anticommons: Property in the Transition from Marx to Markets’, Harvard Law Review, 111 (3), January, 621–88 121 4. James E. Krier (1992), ‘The Tragedy of the Commons, Part Two’, Harvard Journal of Law and Public Policy, 15 (2), Spring, 325–47 189 PART III ESTATES IN LAND AND FUTURE INTERESTS 5. T.P. Gallanis (2003), ‘The Future of Future Interests’, Washington and Lee Law Review, 60 (2), Spring, 513–75 213 6. W. Barton Leach (1938), ‘Perpetuities in a Nutshell’, Harvard Law Review, 51 (4), February, 638–71 276 7. Lawrence W. Waggoner (1985), ‘Perpetuities: A Perspective on Wait-and-See’, Columbia Law Review, 85 (8), December, 1714–29 310 PART IV LANDLORD/TENANT RELATIONS 8. Mary Ann Glendon (1982), ‘The Transformation of American Landlord–Tenant Law’, Boston College Law Review, 23 (3), May, 503–76 327 9. Duncan Kennedy (1987), ‘The Effect of the Warranty of Habitability on Low Income Housing: “Milking” and Class Violence’, Florida State University Law Review, 15 (3), Fall, 485–519 401 PART V SERVITUDES 10. Gerald Korngold (1988), ‘For Unifying Servitudes and Defeasible Fees: Property Law’s Functional Equivalents’, Texas Law Review, 66 (3), February, 533–76 437 11. Susan F. French (1982), ‘Toward a Modern Law of Servitudes: Reweaving the Ancient Strands’, Southern California Law Review, 55 (6), September, 1261–319 481 PART VI ZONING AND LAND USE CONTROLS 12. Robert C. Ellickson (1973), ‘Alternatives to Zoning: Covenants, Nuisance Rules, and Fines as Land Use Controls’, University of Chicago Law Review, 40 (4), Summer, 681–781 541 13. Carol M. Rose (1983), ‘Planning and Dealing: Piecemeal Land Controls as a Problem of Local Legitimacy’, California Law Review, 71 (3), May, 837–912 642 PART VII CONSTITUTION PROTECTION OF PROPERTY: THE TAKINGS ISSUE 14. Frank I. Michelman (1967), ‘Property, Utility, and Fairness: Comments on the Ethical Foundations of “Just Compensation” Law’, Harvard Law Review, 80 (6), April, 1165–258 719 15. Thomas W. Merrill (1986), ‘The Economics of Public Use’, Cornell Law Review, 72 (1), November, 61–116 813 16. Hanoch Dagan (1999), ‘Takings and Distributive Justice’, Virginia Law Review, 85 (5), August, 741–804 869
£704.00
Edward Elgar Publishing Ltd Law and Economics for Civil Law Systems
Book SynopsisThis second edition of Law and Economics for Civil Law Systems substantially updates a unique work that presents the core ideas of law and economics for audiences primarily familiar with civil law systems.Ejan Mackaay offers a comprehensive look at the essential points of economic reasoning, the Coase Theorem, and legal institutions such as property, extra-contractual civil liability and contracts. The book’s structure mirrors the way law is taught in civil law countries, with structured presentations, references to civil code articles paired with non-technical explanations, and limited reliance on graphs. Building on the success of the 2008 edition of the French-language textbook on law and economics from a civil law perspective, this second English-language version appears alongside the 2021 edition of the French-language book.This pioneering volume fills a critical gap in the literature of law and economics and will be an invaluable resource for academia, the judiciary, policy-makers, regulators and legal practitioners working in civil law systems.Trade Review‘This formidable book offers an insightful unifying perspective on the research carried out in law and economics over the last decades. From his unique Canadian standpoint, Ejan Mackaay is able to bridge over the common and the civil law traditions, illustrating the theory with cases and examples taken from both North American and European legal systems. The rigor of the analysis is accompanied by illuminating discussions, covering historical developments, philosophical insights, and up-to-date policy debates.’ -- Luigi Alberto Franzoni, University of Bologna, Italy‘This elegantly written book fills a significant gap for the benefit of all students and scholars of law and economics in civil law countries and is a monumental achievement. The author, a leading law and economics scholar with an outstanding and intimate comparative knowledge of civil law across countries and continents shows comprehensively as nobody else the impact of economics for the understanding of legal norms in civil law countries.’ -- Hans-Bernd Schäfer, Bucerius Law School, Germany'Six decades into the development of law-and-economics, many critics still hold the view that law-and-economics is for American law only. Ejan Mackaay forcefully demonstrates the opposite. Using stipulations in French Civil Code and Quebec Civil Code as the prime examples, Law and Economics for Civil Law Systems shows how jurists in civil-law countries and mixed jurisdictions can benefit from economic insights.' -- Yun-chien Chang, Academia Sinica, TaiwanTable of ContentsContents: Preface 1. Introduction to Law and Economics for Civil Law Systems PART I FOUNDATIONS 2. Individual decision-making 3. Risk and insurance 4. Human interaction 5. The market order 6. The political order 7. Black markets PART II LEGAL INSTITUTIONS 8. The Coase Theorem 9. Property and real rights 10. Extra-contractual civil liability 11. Contract 12. Conclusion to Law and Economics for Civil Law Systems Index
£153.00
Edward Elgar Publishing Ltd Business Law and Economics for Civil Law Systems
Book SynopsisBusiness Law and Economics for Civil Law Systems highlights the relevance of economic analysis of business law from a civilian perspective. It integrates a comparative approach (common law and civil law) to economic analysis using tools and illustrations to assist in conducting critical economic analysis of rules in the field of business law.This book is a valuable contribution to the reflection on the place and meaning of value creation and accountability as goals for business law. It provides a richer understanding of key legal institutions supporting the rule of law and democratic, market-based economies. It will be of great value to academics interested in business law, competition law, comparative law and legal theory, students studying law, business and economics, and to policymakers and regulators.Trade Review‘This book is a much-needed discussion and explanation of important areas of business law in civil law systems from a law and economics perspective. Among the book’s strengths are its accessibility as to both theory and doctrine, and its use of theory to motivate and explain its exposition of doctrine. Academics, students, practitioners, and policymakers in the area will find this book extremely useful and informative.’ -- Clarie Hill, University of Minnesota, US‘Business Law and Economics for Civil Law Systems is an important and insightful book by four leading scholars in the field. It proposes an exciting overview of the analytical role and influence of economic analysis on business law from the viewpoint of the civil law tradition. It is a book highly recommended to scholars, researchers, students, and practitioners of business law.’ -- Nuno Garoupa, George Mason University, USTable of ContentsContents: Preface 1. Introduction to Business Law and Economics for Civil Law Systems 2. Competition law 3. Intellectual property rights 4. Company law 5. Financial markets regulation 6. Secured rights 7. Bankruptcy and insolvency law 8. Conclusion to Business Law and Economics for Civil Law Systems Index
£126.00
Edward Elgar Publishing Ltd Research Handbook on Private Law Theory
Book SynopsisThis comprehensive Research Handbook provides an unparalleled overview of contemporary private law theory. Featuring original contributions by leading experts in the field, its extensive examinations of the core areas of contracts, property and torts are complemented by an exploration of a breadth of topics that cross the divide between private and public law, including labor law and corporate law. Beginning with a nuanced consideration of the ways in which the private/public distinction has been defined and discussed over time, the Research Handbook investigates and compares differing viewpoints on the concept of private law. Chapters explore key issues in the theory of private law from legal, economic, philosophical, political, feminist, historical and sociological perspectives, utilising a rich diversity of methodological approaches. The contributors also offer a variety of views on the future of private law and private theory.The Research Handbook on Private Law Theory will be an essential resource for legal thinkers, in particular scholars and graduate students working in any area of private law. Its varied perspectives on the subject will also be of interest to philosophers, political scientists, economists and sociologists.Trade Review'Private law theory today is a powerful scholarly discourse; it can lift up the learning experience of students and teachers making sense of the thickets of our modern law; it can stimulate jurists to make lasting contributions to legal culture, practical ethics and the behavioural and political sciences; and it can inform the practical work of judges, advocates and legislators. This exemplary Handbook lucidly and expertly covers the methods, models and ideals projected by the best writers in the field.' -- Joshua Getzler, University of Oxford, UK'This important new volume reflects the burgeoning of academic interest in private law theory over the past decade. Bringing together the leading scholars in their respective fields, this cutting edge Handbook is sure to become a standard reference that everyone writing and teaching in the areas of property, contracts and torts will want on their bookshelf.' -- Eduardo M. Penalver, Cornell Law School, USTable of ContentsContents: 1 Introduction to Research Handbook on Private Law Theory : the distinction between private law and public law 1 Hanoch Dagan and Benjamin C. Zipursky PART I CONTRACTS 2 A joint maximization theory of contract and regulation 22 Robert E. Scott 3 Promise, agreement, contract 39 Gregory Klass 4 Public justice and private consent 58 Aditi Bagchi 5 Outline of a public justification of contract law 75 Peter Benson 6 Contract as collaboration 96 Daniel Markovits 7 Choice theory: a restatement 112 Hanoch Dagan and Michael Heller PART II PROPERTY 8 The architecture of property 134 Thomas W. Merrill and Henry E. Smith 9 Property as the law of complements 155 Lee Anne Fennell 10 Locke and private law 174 Emily Sherwin 11 Autonomy and property 185 Hanoch Dagan 12 The human flourishing theory 203 Gregory S. Alexander 13 Democratic property: things we should not have to bargain for 220 Joseph William Singer 14 Real property on the ground: the law of people and place 237 Sarah Blandy, Sarah Nield, and Susan Bright PART III TORTS 15 Corrective justice 255 Arthur Ripstein 16 Economic theory of tort law 270 Yotam kaplan 17 Fair precaution 286 Gregory C. Keating 18 Tort as yet another locus of gender injustice in the distribution of money 303 Anita Bernstein 19 Relational justice and torts 321 Avihay Dorfman 20 Folk tort law 338 Mark A. Geistfeld 21 Torts as wrongs and civil recourse theory 356 Benjamin C. Zipursky PART IV THE DOMAIN OF PRIVATE LAW: EXTENSION AND REFLECTION 22 Equity 373 Irit Samet 23 Corrective justice, unjust enrichment, and restitution 390 Anthony J. Sebok 24 The fall and rise of the private law of work 412 Cynthia Estlund 25 The corporation as a category in private law 429 Paul B. Miller and Andrew S. Gold 26 Private law and the rule of law 446 Lisa M. Austin 27 How are private wrongs possible? 462 Alan Brudner 28 The normative structuralism of corrective justice 484 Ernest J. Weinrib Index 499
£231.00
Edward Elgar Publishing Ltd The Legitimacy of Standardisation as a Regulatory
Book SynopsisThis timely book examines the field of European and global standardisation, showing how standards give rise to a multitude of different legal questions. Each chapter offers in-depth analysis of a number of key policy areas such as food safety, accounting, telecommunications and medical devices. These multi-disciplinary contributions go beyond the field of law, and provide cross-disciplinary comparisons. Demonstrating how standards enter the European legal system in a variety of ways, the book studies their relevance for public and private law alike. While the trade advantages of using standards in regulation are undeniable, the contributors elucidate how standard-setting processes have departed from the purely private realm to enter the stage of public regulation. This inevitably raises the issue of whether standardisation is supported by sufficient legitimacy guarantees. The contributions provide valuable insights to answering this question, highlighting cross-cutting reflections on the topic, and case studies on specific policy areas. This analytical book will be of interest to students and scholars researching in the fields of EU and global standardisation, EU law and trade law. It will also be a useful resource for practitioners focusing on regulation and standardisation. Contributors include: D. Bevilacqua, M. Cantero Gamito, C. Cauffman, P. Cuccuru, M. De Bellis, M. Eliantonio, M. Faure, M. Gérardy, C. Glinski, N. Philipsen, S. Roettger-Wirtz, P. Rott, S. Schoenmaekers, L. Senden, B. Van Leeuwen, A. VolpatoTrade Review'Standardisation law has recently emerged as a dynamic and multifaceted field of research, calling for in-depth case-studies but also more fundamental, theoretical work by academics. This book, masterfully edited by Eliantonio and Cauffman, aspires to do both by enrolling an impressive line-up of scholars interested in standardisation. While the jury is not out yet as to how legitimate standardisation in various areas is as a regulatory technique, this volume will become an important entry point for all those who want to learn more about the theoretical and practical challenges of standardisation at the European level.' --Panagiotis Delimatsis, Tilburg University, the Netherlands'The current book puts emphasis on the politically and legally most sensitive side of standardisation in the EU: the legitimacy of private standard production through private associations. The many contributions investigate whether and to what extent the legal framework established by the EU suffices to grant input, throughput and output legitimacy. It is an illuminating read that demonstrates that there is no unique and simple answer. The book constitutes a major contribution to the on-going debate on the increasing role of private regulation in a globalised economy and society.' --Hans-W. Micklitz, European University InstituteTable of ContentsContents: The legitimacy of standardisation as regulatory technique in the EU – a cross-sector and multi-level analysis: An introduction (Mariolina Eliantonio and Caroline Cauffman) PART I - Horizontal questions 1. Towards a More Holistic Legitimacy Approach to Technical Standardisation in the EU Linda Senden 2. Regulating by Request: On the role and status of the ‘standardisation mandate’ under the New Approach Pierluigi Cuccuru 3. Competition law as a tool to ensure the legitimacy of standard-setting by European standardisation organizations? Caroline Cauffman and Marie Gérardy 4. The contradictory approach of the CJEU to the judicial review of standards: a love-hate relationship? Annalisa Volpato and Mariolina Eliantonio 5. The impact of the legitimacy of European standards on their application in private law: a case study on professional standards in the medical sector Barend van Leeuwen 6. Deficient Standards by European Standardisation Organisations: Between State Liability and Tort Liability Carola Glinski and Peter Rott 7. Standardisation from a law and economics perspective Michael Faure and Niels J. Philipsen PART II – Standardisation in specific policy fields 1. The Legitimacy Of Banking And Financial Standards: Representation, Due Process And Regulatory Capture Maurizia De Bellis 9. Standards on the rise in procurement procedures: Are legitimacy concerns justified? Sarah Schoenmaekers 10. The legitimacy of standardisation as a regulatory technique in telecommunications Marta Cantero Gamito 11. Global Food Safety Regulation and the interplay between global standards and WTO law: how to close the legitimacy gap? Dario Bevilacqua 12. Standardisation of health products in search of legitimacy: rethinking judicial review? Sabrina Roettger-Wirtz Index
£111.00
Edward Elgar Publishing Ltd Private Law in Context: Enriching Legal Doctrine
Book SynopsisContemplating the nature, practice and study of private law, this comprehensive book offers a detailed overview of private law’s theoretical dimensions. It promotes a reflective attitude towards the topic, encouraging the reader to question how private law is practiced and studied, what this implies for their own engagement in the field and what kind of private lawyer they want to be. Marc Loth explores the central notion that private law is a multi-layered system which can only be fully apprehended in context. This thought-provoking book draws on examples from a range of legal systems to provide philosophical perspectives on the diverse dimensions of private law. Chapters examine the concept, history, language, values, methods and discipline of private law, as well as legal professionalism and the expertise of the private lawyer.Private Law in Context will be a key resource for scholars and postgraduate students interested in legal theory, legal philosophy, law and society and the nature of private law as a system and a practice.Trade Review‘Anyone who dreads reading about the theory of private law should read this delightfully written book. It offers insights, well-chosen quotes, and examples in abundance. Open it at a random page and you are sure to find little treasures; treasures of thoughtful reflections on what private law is and what we think it is. Aimed at higher-level students, it may equally serve as a companion on the desk or coffee table of everyone working in private law.’ -- Cees van Dam, King's College London, UK‘To call this book a masterful primer on private law is to dramatically understate its accomplishments. It is nothing less than an indispensable travel guide to the entire landscape of legal theory, history, and practice. I cannot imagine a more valuable resource to offer advanced law students, aspiring legal academics, and anyone else who wants or needs a sophisticated but accessible overview of the grand subject, Law.’ -- Douglas Kysar, Yale University, USTable of ContentsContents: Preface Introduction to Private Law in Context 1. The concept of private law 2. The history of private law 3. The language of private law 4. The expertise of the private lawyer 5. The values of private law 6. The methods of private law 7. The discipline of private law 8. The profession of the private lawyer Index
£95.00
Edward Elgar Publishing Ltd Advanced Introduction to Private International
Book SynopsisLitigating disputes in international civil and commercial cases presents a number of special challenges. Which country’s courts have jurisdiction, and where is it advantageous to sue? Given the international elements of the case, which country’s law will the court apply? Finally, if a successful plaintiff cannot find enough local assets, what does it take to have the judgement recognized and enforced in a country with assets? This extensively updated second edition Advanced Introduction addresses these questions, providing a concise overview of the field.Trade ReviewAcclaim for the first edition:‘Hay’s book provides a splendid introduction to the field of European private international law and American conflicts law with respect to jurisdiction, choice of law, and the recognition and enforcement of judgments. […] While the book’s appealingly clear and logical structure is a boon to students of the field, its comparative flavour is definitely its most intriguing trait for academics. In short, Hay’s Advanced Introduction must not be amiss in law libraries or on student desks – and especially not on scholars’ collection shelves.’ -- Tim W. Dornis, New York University, US. Review published in European Review of Private Law‘Hay calmly and unpretentiously combines the confidence and authority gained in decades of scholarship with a well-balanced and open-minded regard for the key issues of our field and presents an Advanced Introduction in the best possible sense.’ -- Dennis Solomon, University of Passau, Germany. Original review published in German in RabelZAcclaim for the first edition:‘Hay’s book provides a splendid introduction to the field of European private international law and American conflicts law with respect to jurisdiction, choice of law, and the recognition and enforcement of judgments. […] While the book’s appealingly clear and logical structure is a boon to students of the field, its comparative flavour is definitely its most intriguing trait for academics. In short, Hay’s Advanced Introduction must not be amiss in law libraries or on student desks – and especially not on scholars’ collection shelves.’ -- Tim W. Dornis, New York University, US. Review published in European Review of Private Law‘Hay calmly and unpretentiously combines the confidence and authority gained in decades of scholarship with a well-balanced and open-minded regard for the key issues of our field and presents an Advanced Introduction in the best possible sense.’ -- Dennis Solomon, University of Passau, Germany. Original review published in German in RabelZTable of ContentsContents: Preface 1. Introduction: Basic issues PART I JURISDICTION TO ADJUDICATE 2. Forum-selection clauses 3. Jurisdiction over persons and things PART II THE APPLICABLE LAW (CHOICE OF LAW) 4. What law applies? PART III JUDGMENTS 5. Recognition and enforcement of foreign judgments 6. An assessment: tasks, developments, trends Bibliography Index
£98.67
Edward Elgar Publishing Ltd Advanced Introduction to Private International
Book SynopsisLitigating disputes in international civil and commercial cases presents a number of special challenges. Which country’s courts have jurisdiction, and where is it advantageous to sue? Given the international elements of the case, which country’s law will the court apply? Finally, if a successful plaintiff cannot find enough local assets, what does it take to have the judgement recognized and enforced in a country with assets? This extensively updated second edition Advanced Introduction addresses these questions, providing a concise overview of the field.Trade ReviewAcclaim for the first edition:‘Hay’s book provides a splendid introduction to the field of European private international law and American conflicts law with respect to jurisdiction, choice of law, and the recognition and enforcement of judgments. […] While the book’s appealingly clear and logical structure is a boon to students of the field, its comparative flavour is definitely its most intriguing trait for academics. In short, Hay’s Advanced Introduction must not be amiss in law libraries or on student desks – and especially not on scholars’ collection shelves.’ -- Tim W. Dornis, New York University, US. Review published in European Review of Private Law‘Hay calmly and unpretentiously combines the confidence and authority gained in decades of scholarship with a well-balanced and open-minded regard for the key issues of our field and presents an Advanced Introduction in the best possible sense.’ -- Dennis Solomon, University of Passau, Germany. Original review published in German in RabelZAcclaim for the first edition:‘Hay’s book provides a splendid introduction to the field of European private international law and American conflicts law with respect to jurisdiction, choice of law, and the recognition and enforcement of judgments. […] While the book’s appealingly clear and logical structure is a boon to students of the field, its comparative flavour is definitely its most intriguing trait for academics. In short, Hay’s Advanced Introduction must not be amiss in law libraries or on student desks – and especially not on scholars’ collection shelves.’ -- Tim W. Dornis, New York University, US. Review published in European Review of Private Law‘Hay calmly and unpretentiously combines the confidence and authority gained in decades of scholarship with a well-balanced and open-minded regard for the key issues of our field and presents an Advanced Introduction in the best possible sense.’ -- Dennis Solomon, University of Passau, Germany. Original review published in German in RabelZTable of ContentsContents: Preface 1. Introduction: Basic issues PART I JURISDICTION TO ADJUDICATE 2. Forum-selection clauses 3. Jurisdiction over persons and things PART II THE APPLICABLE LAW (CHOICE OF LAW) 4. What law applies? PART III JUDGMENTS 5. Recognition and enforcement of foreign judgments 6. An assessment: tasks, developments, trends Bibliography Index
£21.00
Edward Elgar Publishing Ltd The Turning Point in Private Law: Ecology,
Book SynopsisCan private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort.In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments.Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.Trade ReviewThe Turning Point in Private Law offers a radical and clear analysis of the most fundamental legal institutions of private law and suggest a way out from the serious threat to the survival of civilization on our planet caused by the dominant extractive policy in the Anthropocene. Bringing together the most advanced insights of legal theory, Mattei and Quarta demonstrate how ecological awareness can transform lawyers understanding of the generative system of law. A stimulating challenge speaking to lawyers as well as to everyone in today's political climate.' --Antonio Gambaro, Accademia dei Lincei, Italy'A political manifesto for the survival of critical legal thought, this brilliant little book responds to the most destructive forms of global capitalism with a counter-hegemonic interpretation of the foundational institutions of private law, in order to produce a new ecological order based on the collective intelligence of the common(s).' --Horatia Muir Watt, Sciences Po Law School, FranceTable of ContentsContents: Preface Introduction 1. Property Law 2. Legal personality and sovereignty 3. Contract Law 4. Tort Law Conclusions Index
£22.95
Edward Elgar Publishing Ltd The Economics of Contracts
Book SynopsisThe Economics of Contracts provides a guided tour to the leading ideas in contract theory. It assembles some of the foundational writings on contracting under limited and asymmetric information, incentives and mechanism design. It contains, in particular, the key contributions of five recent Nobel Prize winners in economics and brings together the most important articles that have followed these path-breaking works.Table of ContentsContents: Volume I Acknowledgements Introduction Patrick Bolton PART I ADVERSE SELECTION 1. J.A. Mirrlees (1971), ‘An Exploration in the Theory of Optimum Income Taxation’ 2. Michael Mussa and Sherwin Rosen (1978), ‘Monopoly and Product Quality’ 3. Michael Spence (1973), ‘Job Market Signaling’ 4. Eric Maskin and Jean Tirole (1992), ‘The Principal-Agent Relationship with an Informed Principal, II: Common Values’ 5. Michael Rothschild and Joseph Stiglitz (1976), ‘Equilibrium in Competitive Insurance Markets: An Essay on the Economics of Imperfect Information’ 6. B. Douglas Bernheim and Michael D. Whinston (1986), ‘Menu Auctions, Resource Allocation, and Economic Influence’ 7. Robert M. Townsend (1979), ‘Optimal Contracts and Competitive Markets with Costly State Verification’ 8. Philippe Aghion and Patrick Bolton (1987), ‘Contracts as a Barrier to Entry’ PART II MORAL HAZARD 9. J.A. Mirrlees (1999), ‘The Theory of Moral Hazard and Unobservable Behaviour: Part I’ 10. Bengt Holmström (1979), ‘Moral Hazard and Observability’ 11. Sanford J. Grossman and Oliver D. Hart (1983), ‘An Analysis of the Principal-Agent Problem’ 12. Bengt Holmstrom and Paul Milgrom (1990), ‘Multitask Principal-Agent Analyses: Incentive Contracts, Asset Ownership, and Job Design’ 13. Jean-Jacques Laffont and Jean Tirole (1986), ‘Using Cost Observation to Regulate Firms’ PART III MECHANISM DESIGN AND OPTIMAL AUCTIONS 14. Eric Maskin ([1977] 1999), ‘Nash Equilibrium and Welfare Optimality’ 15. Claude d’Aspremont and Louis-André Gérard-Varet (1979), ‘Incentives and Incomplete Information’ 16. Roger B. Myerson (1981), ‘Optimal Auction Design’ 17. Roger B. Myerson and Mark A. Satterthwaite (1983), ‘Efficient Mechanisms for Bilateral Trading’ 18. Jacques Crémer and Richard P. McLean (1985), ‘Optimal Selling Strategies under Uncertainty for a Discriminating Monopolist when Demands are Interdependent’ 19. John Moore and Rafael Repullo (1988), ‘Subgame-Perfect Implementation’ Name Index Volume II Acknowledgements An introduction by the editor to both volumes appears in Volume I PART I OPTIMAL CONTRACTS AND ORGANIZATIONS 1. Bengt Holmstrom (1982), ‘Moral Hazard in Teams’ 2. Guillermo A. Calvo and Stanislaw Wellisz (1978), ‘Supervision, Loss of Control, and the Optimal Size of the Firm’ 3. Jerry R. Green and Nancy L. Stokey (1983), ‘A Comparison of Tournaments and Contracts’ 4. Jean Tirole (1986), ‘Hierarchies and Bureaucracies: On the Role of Collusion in Organizations’ PART II CONTRACT DYNAMICS, SELF-ENFORCING CONTRACTS AND RENEGOTIATION 5. Mathias Dewatripont (1989), ‘Renegotiation and Information Revelation over Time: The Case of Optimal Labor Contracts’ 6. Oliver D. Hart and Jean Tirole (1988), ‘Contract Renegotiation and Coasian Dynamics’ 7. M. Dewatripont and E. Maskin (1995), ‘Credit and Efficiency in Centralized and Decentralized Economies’ 8. Robert M. Townsend (1982), ‘Optimal Multiperiod Contracts and the Gain from Enduring Relationships under Private Information’ 9. Edward J. Green (1987), ‘Lending and the Smoothing of Uninsurable Income’ 10. William P. Rogerson (1985), ‘Repeated Moral Hazard’ 11. Bengt Holmstrom and Paul Milgrom (1987), ‘Aggregation and Linearity in the Provision of Intertemporal Incentives’ 12. W. Bentley MacLeod and James M. Malcomson (1989), ‘Implicit Contracts, Incentive Compatibility, and Involuntary Unemployment’ 13. Jonathan Levin (2003), ‘Relational Incentive Contracts’ 14. Bengt Holmström (1999), ‘Managerial Incentive Problems: A Dynamic Perspective’ PART III INCOMPLETE CONTRACTS AND THE THEORY OF THE FIRM 15. Sanford J. Grossman and Oliver D. Hart (1986), ‘The Costs and Benefits of Ownership: A Theory of Vertical and Lateral Integration’ 16. Oliver Hart and John Moore (1990), ‘Property Rights and the Nature of the Firm’ 17. Patrick Bolton and Michel D. Whinston (1993), ‘Incomplete Contracts, Vertical Integration, and Supply Assurance’ 18. Philippe Aghion and Patrick Bolton (1992), ‘An Incomplete Contracts Approach to Financial Contracting’ 19. Philippe Aghion and Jean Tirole (1997), ‘Formal and Real Authority in Organizations’ 20. Patrick Bolton and David S. Scharfstein (1990), ‘A Theory of Predation Based on Agency Problems in Financial Contracting’ Name Index
£439.00
