Systems of law Books

Book SynopsisThe essays in this collection grew out of a series of invited lectures given in France on the nature of justice and the law. They represent a reflection on the relationship of the juridical and the philosophical concept of right, situated between moral philosophy and politics.

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Book SynopsisThe number one best-selling legal skills guide, covering all the practical and academic skills a student needs throughout their studies. Legal Skills is the essential text for students new to law, helping them make the transition from secondary education and equipping them with the skills they need to succeed from the beginning of their degree, through to final-year exams and dissertations. Written in an accessible and friendly style, structured in three parts: Sources of Law, Academic Legal Skills, and Practical Legal Skills Self-test questions and practical activities throughout allow students to take a hands-on approach to learning a wide range of legal skills Diagrams, screenshots and examples used frequently to illustrate key concepts New chapter on drafting skills, introducing writing skills necessary in legal practice New ''skills beyond study'' feature which helps students identify the transferability of legal skills Updated coverage of the impact of Brexit and retained EU law Trade ReviewA stylish and compact book; clear and easy to navigate with useful diagrams in an approachable and engaging format. * Vince Pescod, Senior Lecturer in Law, University of Law *Clear and practical for all law students--the perfect accompaniment to an LLB. * Ellen Winchester, Senior Lecturer in Law, Anglia Ruskin University *The picture of the lifebelt on the cover sums up the ethos of the book perfectly--I wish I had had access to this when I was a student. * Laura Sharp, Lecturer in Law, The Robert Gordon University *This is an excellent book; it is written accessibly and has a really helpful mix of diagrams, figures and text. It is comprehensive in its coverage, but the level of detail is sufficient for students in later years to return to it as a useful reference. * Dr Ben Hudson, Lecturer in Law, University of Exeter *Very well-structured, with clear learning outcomes and chapter summaries available for each chapter. * Dr Özgür H. Çinar, Professor of Law and Deputy Head of School of Law and Criminology, University of Greenwich *Table of ContentsIntroduction PART I: Getting Started: Sources of Law 1: Getting started 2: Legislation 3: Finding legislation 4: Using legislation 5: Case law 6: Finding cases 7: Using cases 8: Books, journals, and official publications 9: Finding books, journals, and official publications PART II: Academic Legal Skills 10: Studying 11: Writing 12: Legal reasoning and ethics 13: Referencing and avoiding plagiarism 14: Essay writing 15: Answering problem questions 16: Revision and examination skills 17: Dissertations PART III: Practical Legal Skills 18: Presentation skills 19: Mooting skills 20: Negotiation skills 21: Drafting skills

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Book SynopsisSlapper and Kelly's The English Legal System explains and critically assesses what law is, how it is made and applied, and how it affects the general public.This latest edition has not only been restructured and updated, but extensively refocused, to provide a reliable analysis of the contemporary legal system in the sociopolitical uncertainty of a post-Brexit, post-Covid UK.It retains the key learning features of: useful chapter summaries which act as a good checkpoint for students; food for thought' questions at the end of each chapter to prompt critical thinking and reflection; sources for further reading and suggested websites at the end of each chapter to point students towards further learning pathways; and a fully updated online resource for students and instructors. Trusted by generations of academics and students, this authoritative textbook is a permanent fixture in this ever-evolving subject.

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Book SynopsisSaudi Arabia has never commanded more attention and yet it remains one of the world's least understood countries. In The Normalization of Saudi Law, Chibli Mallat dives into the heart of Saudi society, politics, and business by exploring the workings of its courts.Trade Review<"Chibli Mallat is the leading theoretician, indeed the founder, of a field of study on Middle East law. In The Normalization of Saudi Law, Professor Mallat turns his attention, with great erudition and brilliance, to the evolution of law in Saudi Arabia and finds, within a multitude of recent judicial rulings on contracts, property, the family, and the prosecution of crimes, the beginnings of a system of law. Always clear-eyed, Mallat fully appreciates that the absolutism of the Saudi monarchy and its failure to empower a national legislative assembly compromise whatever commitment to the rule of law that country possesses.>" -Owen Fiss, Sterling Professor Emeritus of Law at Yale University<"The Normalization of Saudi Law contains an illuminating discussion of the laws of Saudi Arabia. There is a masterly treatment of the fields of substantive Saudi law drawing from an analysis of civil, criminal, family, real property and commercial law. One novel feature is that Chibli Mallat discusses how Saudi judges apply the law in practice by reference to reported cases. It is of significance to legal scholars and practitioners alike and a welcome first of its kind.>" -Michael Crystal QC<"The Normalization of Saudi Law reveals an unprecedented field of work, that of Saudi law, based on the study of thousands of judgments. It facilitates an understanding of the current developments towards a <"normalization>" of Saudi law and shows, through the courts' application of justice, how Saudi society actually functions. It is an essential book, not only for the study of law, but for understanding present-day Saudi Arabia.>" -Professor Henry Laurens, College de FranceTable of ContentsMap, Charts, Figures Preface Acknowledgments Table of Authorities Map Chapter 1. Introduction PART ONE NORMS AND SOURCES Chapter 2. The Epiphany of Saudi Law Chapter 3. Blackletter Law. A Primer on Courts, Format, Evidence, Sources PART TWO NORMS AS COMMON LAW Chapter 4. Civil Law I Contracts Chapter 5. Civil Law II Torts Chapter 6. Criminal Law I Procedure and Hadd Chapter 7. Criminal Law II: Ta'zir and "Everything Else" Chapter 8. Family Law: The Saudi Hanbali Exception PART THREE NORMALIZATION BY STATUTE Chapter 9. Real Property Chapter 10. Diwan Al- Mazalem: A Court for All Seasons Chapter 11. From Diwan Al- Mazalem to Commercial Courts: A Unified Theory of Remedies Chapter 12. Companies and Corporate Governance Chapter 13. Insolvency, Banking, the Stock Market PART FOUR THE LIMITS OF NORMALIZATION Chapter 14. Constitutional Law Chapter 15. Human Rights Chapter 16. Epilogue Bibliography

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Book SynopsisThe economic and geopolitical implications of China''s rise have been the subject of vast commentary. However, the institutional implications of China''s transformative development under state capitalism have not been examined extensively and comprehensively. Regulating the Visible Hand? The Institutional Implications of Chinese State Capitalism examines the domestic and global consequences of Chinese state capitalism, focusing on the impact of state-owned enterprises on regulation and policy, while placing China''s variety of state capitalism in comparative perspective. It first examines the domestic governance of Chinese state capitalism, looking at institutional design and regulatory policy in areas ranging from the environment and antitrust to corporate law and taxation. It then analyses the global consequences for the regulation of trade, investment and finance. Contributors address such questions as: What are the implications of state capitalism for China''s domestic institutional trajectory? What are the global implications of Chinese state capitalism? What can be learned from a comparative analysis of state capitalism?Trade ReviewThe book can safely be recommended to anyone interested in Chinese political economy in general or SOEs specifically ... The ground covered through all three parts is vast and conceptually envelops SOEs in China between various points of view dealing with the political, social and global aspects, all of which have an unfortunate tendency of absence in more traditional and sterile research. Indeed, the relatively large number of chapters, expert contributors and content puts this volume halfway toward becoming a handbook on Chinese state capitalism ... With the logical arch of this volume spanning from the regulation pertaining to the largest economic subjects in China and finishing in the comparative issues of Chinese capitalism, unafraid to tackle questions such as labor organization, Party political elites and international implications along the way, it is well poised to become another useful voice. * Josip Lučev, The Legal History Review *Table of ContentsList of Contributors ; Acknowledgments ; Introduction: The Institutional Implications of China's Economic Development ; Benjamin L. Liebman and Curtis J. Milhaupt ; Part I: Domestic Institutional Implications ; 1. Indigenous Evolution of SOE Regulation ; Deng Feng ; 2. Blowback: How China's Efforts to Bring Private-Sector Standards into the Public Sector Backfired ; Donald Clarke ; 3. Protecting the State from Itself? Regulatory Interventions in Corporate Governance and the Financing of China's "State Capitalism" ; Nicholas Calcina Howson ; 4. Quenching Thirst with Poison? Local Government Financing Vehicles - Past, Present and Future ; Liao Fan ; 5. Antitrust Regulation of China's State-Owned Enterprises ; Angela Huyue Zhang ; 6. Taxation of State-Owned Enterprises: A Review of Empirical Evidence from China ; Wei Cui ; 7. Balancing Closure and Openness: The Challenge of Leadership Reform in China's State-Owned Enterprises ; Li-Wen Lin ; 8. Legal Informality and Human Capital Development in China ; Chen Ruoying ; 9. Reforming China's State-Owned Enterprises: Institutions, Not Ownership ; Curtis J. Milhaupt and Wentong Zheng ; 10. SOEs and State Governance: How State-Owned Enterprises Influence China's Legal System ; Zheng Lei, Benjamin Liebman and Curtis J. Milhaupt ; 11. The Social Relations of Chinese State Capitalism ; Mary E. Gallagher ; 12. Chinese State Capitalism and the Environment ; Alex Wang ; Part II: Global Institutional Implications ; 13. China's Rising Outward FDI: Its Reception in Host Countries and Implications for International Investment Law and Policy ; Karl P. Sauvant and Michael D. Nolan ; 14. The WTO and China's Unique Economic Structure ; Mark Wu ; Part III: Chinese State Capitalism in Comparative Perspective ; 15. The Hybridization of China's Financial System ; Katarina Pistor, Guo Li & Zhou Chun ; 16. Governing State Capitalism: The Case of Brazil ; Mariana Pargendler ; 17. Chinese Exceptionalism or New Varieties of State Capitalism ; Sergio Lazzarini and Aldo Musacchio ; Index

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Book SynopsisLearning Legal Rules introduces law students to the techniques of legal analysis and argument, equipping them with the knowledge and reasoning skills needed for effective study and practice of law. The text has been used in common law countries around the world as a leading legal method guide for over thirty years and provides students with the fundamental analytical skills of being a lawyer.Trade Review'Well-structured and accessible, with an eye towards giving novices in the study of law a good grounding in the skills they will need to be successful as students.' * Dr Caleb Wheeler, Lecturer in Law, Cardiff University *Table of Contents1: Understanding the Law 2: Finding the Law 3: Reading the Law 4: From Reading to Writing 5: The Doctrine of Judicial Precedent 6: How Precedent Operates: Ratio Decidendi and obiter Dictum 7: Making Sense of Statutes 8: Interpreting Statutes 9: 'Bringing Rights Home': Legal Method and Convention Rights 10: Retained EU Law and Legal Method 11: Understanding Legal Reasoning and the Future of Law

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Book SynopsisVery Short Introductions: Brilliant, Sharp, Inspiring Law is at the heart of every society, protecting rights, imposing duties, and establishing a framework for the conduct of almost all social, political, and economic activity. Despite this, the law often seems a highly technical, perplexing mystery, with its antiquated and often impenetrable jargon, obsolete procedures, and endless stream of judgements and complex legislation.In this Very Short Introduction Raymond Wacks introduces the major branches of the law, describing what lawyers do, and how courts operate, and considers the philosophy of law and its pursuit of justice, freedom, and equality. Wacks locates the discipline in our contemporary world, considering the pressures of globalization and digitalisation, and the nature of the law in our culture of threatened security and surveillance. In this new edition, the author considers a number of social and political events that have had an impact on the law, including the COVID-19 pandemic, the growth of social media and surveillance, and the increasing threats to the rule of law.ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.Trade ReviewThis is a beautifully and magisterially written VSI, a full law school in a book! * Carrie Menkel-Meadow, Distinguished and Chancellor's Professor of Law, University of California, Irvine *Table of Contents1: Law's roots 2: Law's branches 3: Law and morality 4: Courts 5: Lawyers 6: The future of law Further reading Index

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Book SynopsisThe most practical foundation for law students, combining content on the English legal system, academic and professional skills, and commercial awareness and employability.Legal Systems & Skills is the essential contemporary toolkit for law students, equipping them with the tools they need to thrive in their academic studies and onto employment. Accessible and engaging, with a wide range of pedagogical features to help students to apply their knowledge and think critically about the law Learning supported by annotated documents, real-life examples, flowcharts, and diagrams, providing visual representations of concepts and processes Comprehensive content on employability, including CV preparation and transferable skills, alongside features like ''Practice tip'', ''What the professionals say'' and ''Selling your skills'' Expanded coverage on sentencing, the judiciary, new routes into the legal professions, and legal technology New content on retained EU law, following post-Brexit changesTrade ReviewAn excellent resource: this well-written book provides a good introduction and overview to a broad range of topics and skills for undergraduate students. * Dr Joe Atkinson, Lecturer in Law, University of Sheffield *A comprehensive book covering the key aspects of the legal system, legal skills and employability skills--the employability section is particularly important and useful. * Dr Amy Elkington, Senior Lecturer in Law, University of Chichester *The quality of the book's content is generally very high. The sections on practical skills and commercial awareness are particularly relevant and have a good level of detail and information. * Dr Carmino Massarella, Lecturer in Law, University of Hull *This textbook is great value for money and has great coverage. Fundamentally, the book puts the law into context, with an excellent number of examples to illustrate key legal skills concepts, and helps students draw introductory links between the different year one modules. I particularly like that the book does not become redundant after first year and is relevant to students throughout their LLB Law journey. * Stephen Clear, Lecturer in Law, Bangor University *Well-written and structured: Slorach's strength remains the ability to present concisely a variety of topics on content and skills. * Dr Audrey Guinchard, Senior Lecturer and Director of Legal Skills, University of Essex *Table of ContentsPart I Legal Systems 1: Introduction to law 2: Legal systems and sources of law 3: The court system of England & Wales 4: Legislation 5: Case law 6: Legal services and ethics Part II Legal Skills 7: Reading cases and legislation 8: Research 9: Problem solving and case/matter analysis 10: Persuasive oral communication and presentations 11: Client interviews and meetings 12: Negotiation and mediation 13: Advocacy and mooting 14: Writing and drafting 15: Revision and assessment Part III Employability and Commercial Awareness 16: Making yourself more employable 17: CVs, applications, and interviews 18: Understanding clients: individuals and businesses 19: Businesses and the business environment 20: Essential economics and finance 21: Law firms as businesses

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Book SynopsisAt the century''s end, societies all over the world are moving from authoritarian rule to democracy. At any such time of radical change, the question arises: should a society punish its ancien regime or let bygones by bygones? Transitional Justice takes the debate to a new level with an interdisciplinary approach that challenges the very terms of the contemporary debate. Teitel explores the recurring question of how regimes should respond to evil rule, arguing against the prevailing view favoring punishment, and contending through historical and comparative illustrations that the law nevertheless plays a profound role in periods of radical change. She proposes a new normative conception of justice--one that is highly politicized--offering glimmerings of the rule of law that, in her view, have become symbols of liberal transition.Trade ReviewRuti Teitel shows in the most comprehensive analysis to date, one of the most vexed topics in the debate about transitional justice-the question of amnesty-was addressed in the Athenian Constitution that followed Athen's defeat in the Peloponnesian War...her frequent illuminating references to the stories of the Old Testament illustrate that the problems and complexities of reconciling a deeply divided society.. * David Dyzenhaus *Table of ContentsIntroduction ; 1. The Rule of Law ; 2. Criminal Justice ; 3. Historical Justice ; 4. Reparatory Justice ; 5. Administrative Justice ; 6. Constitutional Justice ; 7. Towards a Theory of Transitional Justice

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Book SynopsisAt the century''s end, societies all over the world are throwing off the yoke of authoritarian rule and beginning to build democracies. At any such time of radical change, the question arises: should a society punish its ancien regime or let bygones be bygones? Transitional Justice takes this question to a new level with an interdisciplinary approach that challenges the very terms of the contemporary debate. Ruti Teitel explores the recurring dilemma of how regimes should respond to evil rule, arguing against the prevailing view favoring punishment, yet contending that the law nevertheless plays a profound role in periods of radical change. Pursuing a comparative and historical approach, she presents a compelling analysis of constitutional, legislative, and administrative responses to injustice following political upheaval. She proposes a new normative conception of justice--one that is highly politicized--offering glimmerings of the rule of law that, in her view, have become symbols oTrade ReviewPerhaps the most useful chapter in the book is the one examining reparatory justice. Teitel handles well the duality of reparations * The American Journal of International Law, Vol. 95, 2001 *"A valuable contribution to the growing body of scholarly literature."--Aryeh Neier, New York Review of Books"Impressive....Teitel goes through the complex issues raised during transitional periods in an ambitious attempt to construct the language of a new jurisprudence. What is novel about Teitel's approach is the attempt to provide an overarching approach to understanding issues that arise in and out of transitional justice....[The book] is filled with fresh ideas and interesting, provoking perspectives....Essential reading for all those facing the complexities of transition in practice."--Times Higher Education SupplementTable of ContentsIntroduction ; 1. The Rule of Law ; 2. Criminal Justice ; 3. Historical Justice ; 4. Reparatory Justice ; 5. Administrative Justice ; 6. Constitutional Justice ; 7. Towards a Theory of Transitional Justice

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Book SynopsisFinancial Times Best Books of 2023 in EconomicsThe global battle among the three dominant digital powersthe United States, China, and the European Unionis intensifying. All three regimes are racing to regulate tech companies, with each advancing a competing vision for the digital economy while attempting to expand its sphere of influence in the digital world. In Digital Empires, her provocative follow-up to The Brussels Effect, Anu Bradford explores a rivalry that will shape the world in the decades to come.Across the globe, people dependent on digital technologies have become increasingly alarmed that their rapid adoption and transformation have ushered in an exceedingly concentrated economy where a few powerful companies control vast economic wealth and political power, undermine data privacy, and widen the gap between economic winners and losers. In response, world leaders are variously embracing the idea of reining in the most dominant tech companies. Bradford examines three competTrade ReviewAnu Bradford provides a holistic and balanced view of the three competing regulatory systems at the intersection of technology and society. Digital Empires is a must read for anyone seeking to understand what's at stake in developing a practical regulatory framework that serves the needs of people everywhere. * Brad Smith, Vice Chair and President of Microsoft *Anu Bradford's Digital Empires is an essential read for anyone who wants to understand the regulatory choices confronting governments that seek to reign in big tech. The US, China and Europe have chosen different paths, and Bradford carefully breaks down the legal and political contexts of each. Bradford's voice is clear and reasonable and this book is a tour de force. * Joseph E. Stiglitz, Nobel laureate 2001 in economics *It is easy to forget that the future of the big tech is not just the question of what Europe, China or the U.S. will do, but how it all comes together. Anu Bradford offers the single best approach to understanding these interactions to make sense of an otherwise bewildering present and future. * Tim Wu, Special Assistant to President Biden for Technology and Competition Policy, 2021-2023 *This is the definitive account of the fierce and hugely important fight within and among "digital empires" - the United States, China, and the European Union - over the shape of our digital lives. Among its important conclusions are that the European rights-driven regulatory model, rather than the American market-driven model, is best poised to unite the democratic west and challenge China's growing control in the digital realm. * Jack Goldsmith, Learned Hand Professor of Law, Harvard Law School *Digital Empires is essential reading for all policymakers wanting to understand the drivers and implications of conflicts that threaten the global nature of the digital economy. Bradford offers a nuanced and highly compelling account of a digital world between decoupling and continuing globalization. * Pascal Lamy, Director general of the WTO, 2005-2013 *Digital Empires describes the coming race between the US, China, and the EU to impose their regulatory models and set the norms that govern the global digital order. The outcome of this struggle will shape the geopolitical map in unimaginable ways. A thoroughly researched, extremely readable, and perfectly timed work. * Ian Bremmer, President of the Eurasia Group and author of The Power of Crisis *Stimulating. * Nature *Comprehensive and insightful. * The New Yorker *Thoroughly researched. * Financial Times *Digital Empires The Global Battle to Regulate Technology is Anu Bradford's latest insightful, thought-provoking, and nuanced critical analysis of the leading digital world-wide powers. * Lola Montero Santos, PhD researcher at the European University Institute *Table of ContentsIntroduction PART I: DIGITAL EMPIRES Chapter 1: The American Market-Driven Regulatory Model Chapter 2: The Chinese State-Driven Regulatory Model Chapter 3: The European Rights-Driven Regulatory Model PART II: IMPERIAL RIVALRIES Chapter 4: Between Freedom and Control: Navigating Competing Regulatory Models Chapter 5: The Battle for Technological Supremacy: The US-China Tech War Chapter 6: When Rights, Markets, and Security Collide: The US-EU Regulatory Battles PART III: THE EXPANSION OF EMPIRES Chapter 7: The Waning Global Influence of American Techno-Libertarianism Chapter 8: Exporting China's Digital Authoritarianism through Infrastructure Chapter 9: Globalizing European Digital Rights through Regulatory Power Conclusion Notes Index

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Book SynopsisThis book develops a general, philosophical theory about the nature of law and its relationship with morality. Its central theoretical question is whether, in determining the extent of our legal rights and obligations, judges must appeal to moral principles and values. The author argues that they often do, and develops a philosophical theory which accomodates this fact.Trade Reviewmuch of Waluchow's book ably defends inclusive positivism ... Anyone wishing to see a well-argued defense of a legal theory that attempts to take legal phenomena at face value would do well to read Waluchow's book. * William H Wilcox, The Philosophical Review Vol 106 no1 (January 1997) *`The book is dense with argumentation ... Its richness may be a result of the fact that many of the chapters resulted from academic articles which hold their own as independent scholarly contributions but, the care with which many of the arguments have been crafted and systemized in the present work cannot be taken for granted ... Professor Waluchow has produced an insightful work which, I hope, would find space in our over-populated jurisprudence courses.' Legal StudiesThere are many insights and a very useful re-run of arguments about the nature of law, so unfashionable at present ... Waluchow's book is rich with ideas and examples and the general tenor is one of rigour ... it is an intelligent, rich and constructive contribution to the long-running debate about the place of moral judgement in law. * Cambridge Law Journal *'Waluchow writes clearly and succinctly throughout...this is a very impressive book, lucidly written with assiduous regard to the complexities of opponents' arguments. As well as pointing out the fallacies in much modern legal theory, Waluchow offers many fresh insights into theories with which we thought we were familiar. This book is a significant addition to the ongoing debate between positivists and natural lawyers.' * Mind *

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Book SynopsisThis new collection of essays opens with a pivotal essay, not previously published, on the implications of the moral duties which arise out of concern for the well-being of others. The first part of the book concentrates on the consequences of two central aspects of well-being: the importance of membership in groups - the role of belonging - and the active character of well-being - that it largely consists in successful activities. Both aspects have far-reaching political implications, explored in essays on free expression, national self-determination, and multiculturalism, among others. Against the background of the moral and political views developed in the first part, the second part of the book explores various aspects of the dynamic inter-relations between law and morality, offering some building blocks towards a theory of law.Trade ReviewAn excellent exposure to Raz's recent thoughts ... Raz offers sharp opinions in clear and unpretentious prose * London Review of Books *Table of ContentsI: THE ETHICS OF WELL-BEING: POLITICAL IMPLICATIONS ; II: BETWEEN LAW AND MORALITY

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Book SynopsisThis book presents a comprehensive defence of legal positivism on the basis of a novel account of social conventions. Marmor argues that the law is founded on constitutive conventions, and that consequently moral values cannot determine what the law is.Trade Review... thought-provoking and philosophically sophisticated ... deserves attention from anyone interested in the philosophy of law ... [Marmor's] analysis of constitutive conventions is stimulating ... In an age tarnished by the fatuities of postmodernist mountebanks, his rigorous approach to the philosophy of law is admirable indeed. * The Cambridge Law Journal *Table of Contents1. Constitutive Conventions ; 2. Conventions and The Normativity of Law ; 3. Exclusive Legal Positivism ; 4. The Separation Thesis and The Limits of Interpretation ; 5. Authority and Authorship ; 6. Three Concepts of Objectivity ; 7. Four Questions about The Objectivity of Law ; 8. The Objectivity of Values ; Bibliography

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Book SynopsisThe authors of this volume engage in essay form in a lively debate over the fundamental characteristics of legal and moral rights. Each author considers whether rights essentially protect individuals'' interests or whether they instead essentially enable individuals to make choices. The book addresses many questions including: What are the necessary and sufficient conditions for the existence of a right? What is the connection between the existence and the enforcement of a right (i.e., between rights and remedies)? Does the identification of rights inevitably involve value judgements? To what extent can rights be in conflict? The answers to these and related questions can illuminatingly clarify, though not finally resolve, some of the present-day controversies over abortion, euthanasia, and animal rights. Anyone interested in the basic nature of rights and other entitlements will profit from reading this book.Trade Reviewthe authors expound their positions with admirable vigor and clarity. This work will certainly be of significant interest to anyone concerned with the Hohfeldian jural framework, the "Interest" and "Will" theories of Rights, on the rival analytic and evaluative approaches to the philosophical foundations of rights theory. It is, then, a more than welcome addition to our ongoing "debate over rights" * Jack Wade Nowlin, Dept. of Politics, Princeton University *Table of ContentsPreface ; Introduction ; Rights Without Trimmings ; 1. Setting the Hohfeldian Table ; 2. Rights Without Trimmings ; Appendix: Getting Hohfeld Right ; Rights at the Cutting Edge ; 1. Background ; 2. The Fundamental Issues ; 3. Hohfeld and the Fragmentation of Rights ; 4. Hohfeld and the Kantians ; 5. The Interest Theory of Rights ; 6. The Modern Will Theory ; Working Rights ; 1. Preliminary Intuitions about Rights ; 2. From Hohfeld to Hart: The Modern Will Theory ; 3. Some Apparent Problems with the Will Theory ; 4. From Hart to Kant: The Classical Will Theory (Partly) Redeemed ; 5. Some Real Problems with the Interest Theory ; Index

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Book SynopsisThe English law of obligations has developed over most of the last millennium without any major discontinuity. Through this period each generation has built on the law of its predecessors, manipulating it so as to avoid its more inconvenient consequences and adapting it piecemeal to social and economic changes. Sometimes fragments borrowed from other jurisdiction have been incorporated into the fabric of English law; from time to time ideas developed elsewhere have, at least temporarily, imposed a measure of structure on a common law otherwise messy and inherently resistant to any stable ordering. In this book David Ibbetson exposes the historical layers beneath the modern rules and principles of contract, tort, and unjust enrichment. Small-scale changes caused by lawyers successfully exploiting procedural advantages in their clients'' interest are juxtaposed alongside changes caused by friction along the boundaries of these principal legal categories; fossilized remnants of old doctrTrade Review... provides a fresh look at many more subjects than most legal historians can have mastered. ... this book will cause readers to rethink their reaction to some present-day legal problems in light of the past. ... [Ibbetson] has given us both a basic treatment of the law of obligations and a considerable number of fresh insights that will enlighten any teacher's understanding and presentation of the subject. * Legal History (no date) *Dr Ibbetson has achieved something of a tour de force ... lucid and scholarly historical treatment ... easy to read and attractively presented ... much more than a simple chronological account of the evolution of legal doctrine ... * Law Quarterly Review April 2001 *masterly review of the substantive law of tort in the Middle Ages ... Compendious though it is, the book is not long, and this is all the more remarkable in that the style is not at all dense, but easy and flowing. The text is replete with well-chosen examples, and the footnotes are informative and stimulating. ... As pleasurable as it is informative, as balanced as it is intelligent, this volume is an invaluable addition to a distinguished literature. * Modern Law Review March 2001 *It is a valuable contribution to the literature of legal history...This work...is to be welcomed on this account for every advanced student of the subject will need to read, and digest, the book. * D.E.C. Yale Cambridge Law Journal Nov 2000 *A Historical Introduction to the Law of Obligations is a remarkable book which every lawyer with any interest in the law of obligations should read. * Peter Cane July 1999 *This is a great work of legal history by a quite exceptional scholar. Every legal historian will recognise the magnitude of its achievement. However, it is extraordinarily important that it should not be seen as only legal history. We have never had a better path to thorough understanding of the modern law of obligations in the common law. Every university jurist who teaches all or part of that area of the law must digest the learning of this book. * Peter Birks - Regius Professor of Civil Law, University of Oxford - August 1999. *Table of Contents1 PROLOGUE: THE PREHISTORY OF THE ENGLISH LAW OF OBLIGATIONS ; 2 STRUCTURAL FOUNDATIONS ; 3 UNITY AND FRAGMENTATION OF THE MEDIAEVAL LAW OF CONTRACT ; 4 TRESPASS, TRESPASS ON THE CASE, AND THE MEDIAEVAL LAW OF TORT ; 5 THE SUBSTANTIVE LAW OF TORTS ; 6 THE SUBSTANTIVE LAW OF CONTRACT ; PART 2 THE TRIUMPH OF TRESPASS ON THE CASE ; 7 TORT, PROPERTY, AND REPUTATION: THE EXPANSION OF THE ACTION ON THE CASE ; 8 THE RISE OF THE ACTION OF ASSUMPSIT ; PART 3 THE MODERN LAW OF TORT AND CONTRACT ; 9 TRESPASS, CASE, AND THE MORAL BASIS OF LIABILITY ; 10 THE LAW OF TORTS IN THE NINETEENTH CENTURY: THE RISE OF THE TORT OF NEGLIGENCE ; 11 THE LAW OF TORTS IN THE TWENTIETH CENTURY: EXPANSION AND COLLAPSE OF THE TORT OF NEGLIGENCE ; 12 FOUNDATIONS OF THE MODERN LAW OF CONTRACT ; 13 THE RISE OF THE WILL THEORY ; THE WILL THEORY AND THE CLASSICAL MODEL OF CONTRACT ; 14 THE DECLINE OF THE WILL THEORY: LEGAL REGULATION AND CONTRACTUAL FAIRNESS ; PART 4 UNJUST ENRICHMENT ; 15 UNJUST ENRICHMENT ; 16 LEGAL CHANGE AND LEGAL CONTINUITY

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Book SynopsisThis book is both an examination of, and a contribution to, our understanding of the theoretical foundations of the common law of contract. Focusing on contemporary debates in contract theory, Contract Theory aims to help readers better understand the nature and justification of the general idea of contractual obligation, as well as the nature and justification of the particular rules that make up the law of contract. The book is in three parts. Part I introduces the idea of ''contract theory'', and presents a framework for identifying, classifying, and evaluating contract theories. Part II describes and evaluates the most important general theories of contract; examples include promissory theories, reliance-based theories, and economic theories. In Part III, the theoretical issues raised by the various specific doctrines that make up the law of contract (e.g., offer and acceptance, consideration, mistake, remedies, etc.) are examined in separate chapters. The legal focus of the book iTable of Contents1. WHAT IS CONTRACT THEORY?; 2. INTRODUCTION TO GENERAL THEORIES: CLASSIFICATION AND OVERVIEW; 5. ESTABLISHING AGREEMENT: THE LAW OF OFFER AND ACCEPTANCE

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Book SynopsisIntroduction to the English Legal System is the ideal foundation for those coming new to the study of law. Writing in a highly engaging and accessible style, Martin Partington introduces the purposes and functions of English law, the law-making process, and the machinery of justice, while also challenging assumptions and exploring current debates. Drawing on over 40 years'' experience in the law, Martin Partington examines beliefs about the English legal system, and encourages students to question how far it meets the growing demands placed on it. Incorporating all the latest developments, this concise introduction brings law and the legal system to life. Digital formats and resources: This edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources.- The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbTable of Contents1: Introduction: aims, themes, and structure 2: Law and society: the purposes and functions of law 3: Law-making: authority and process 4: Shaping the legal system: the role of government 5: The criminal justice system 6: The administrative justice system 7: The family justice system 8: The civil and commercial justice systems 9: Providing legal services: the legal professions 10: Access to Justice: paying for legal services 11: Transformation or transition? The English legal system in flux

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Book SynopsisWhen people disagree about justice and about individual rights, how should political decisions be made among them? How should they decide about issues like tax policy, welfare provision, criminal procedure, discrimination law, hate speech, pornography, political dissent and the limits of religious toleration?The most familiar answer is that these decisions should be made democratically, by majority voting among the people or their representatives. Often, however, this answer is qualified by adding '' providing that the majority decision does not violate individual rights.''In this book Jeremy Waldron has revisited and thoroughly revised thirteen of his most recent essays. He argues that the familiar answer is correct, but that the qualification about individual rights is incoherent. If rights are the very things we disagree about, then we are quarrelling precisely about what that qualification should amount to. At best, what it means is that disagreements about rights should be resolveTrade Review... shrewd observations about the place of majority voting. * The Philosophical Review, Oct 2002 *...marvellously challenging, engaging and courageous...The arguments and stimulating and helpful * William Lucy The Modern Law Review November 2000 *Waldron is making an influential contribution to legal philosophy ... Walsron is an eloquent advocate for democratic processes and the protection of autonomy. * Robert John Araujo, S. J., International Philosophical Quarterly December 2000 *

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Book SynopsisThis collection of materials is concerned not only with the law of evidence, but also with the logical and rhetorical aspects of proof; the epistemology of evidence as a basis for the proof of disputed facts; and scientific aspects of the subject. The editor raises issues such as the use of different theories of probability in legal reasoning.Table of ContentsPreface ; Table of Works Represented, with Abbreviations Used ; Evidence, Proof, and Facts: Introductory Essay ; 1. The Concept of Evidence and the Law of Evidence ; SECTION 1: WHAT IS EVIDENCE? ; Bentham, Rationale ; Schum, Foundations ; SECTION 2: DEVELOPMENT OF THE LAW OF EVIDENCE ; Thayer, Preliminary Treatise ; Holdsworth, History ; Twining, Rethinking Evidence ; SECTION 3: ARE EXCLUSIONARY RULES OF EVIDENCE NEEDED? ; Bentham, Rationale ; Stephen, Report ; SECTION 4: THE PHILOSOPHY UNDERLYING THE LAW OF EVIDENCE: OPTIMISTIC RATIONALISM ; Twining, Theories ; 2. Logic and Rhetoric ; SECTION 1: LOGIC, DEDUCTIVE REASONING, AND THE SYLLOGISM ; Aristotle, Topics ; Aristotle, Prior Analytics ; Mill, System ; SECTION 2: REJECTION OF THE SYLLOGISM AS A SCIENTIFIC METHOD ; Bacon, Novum Organum ; Hume, Enquiry ; Schum, Foundations ; SECTION 3: LOGIC, INDUCTIVE REASONING, AND INFERENCES FROM EVIDENCE ; Schmidt, The Influence of the Legal Paradigm on the Development of Logic ; Mill, System ; SECTION 4: LOGICAL FALLACIES ; Mill, System ; SECTION 5: DIALECTIC AND RHETORIC ; Aristotle, The Art of Rhetoric ; Plato, Gorgias ; Plato, Phaedrus ; 3. Judicial Reasoning About Facts ; SECTION 1: RELEVANCE ; Stephen, Digest ; US Federal Rule of Evidence 401 ; Bentham, Rationale ; Schum, Foundations ; Keynes, Treatise ; SECTION 2: DIRECT AND CIRCUMSTANTIAL EVIDENCE ; Bentham, Rationale ; SECTION 3: THE PROCESS OF JUDICIAL REASONING ; Thayer, Preliminary Treatise ; Wigmore, Science ; SECTION 4: PROBATIVE VALUE AND WEIGHT ; Bentham, Rationale ; Keynes, Treatise ; SECTION 5: GENERALIZATIONS ; Hume, Enquiry ; Bentham, Rationale ; Mill, System ; 4. Causation ; SECTION 1: PHILOSOPHICAL BASIS FOR THEORY OF CAUSE AND EFFECT ; Aristotle, Physics ; Locke, Essay ; Hume, Treatise ; Hume, Enquiry ; Mill, System ; SECTION 2: CAUSE AND EFFECT AS BASIS FOR INFERENCE FROM EVIDENCE ; Hart and Honore, Causation ; Schum, Foundations ; SECTION 3: LEGAL APPLICATIONS OF CAUSATION ; Hart and Honore, Causation ; 5. The Standard of Proof ; SECTION 1: RELATIONSHIP OF INDUCTIVE REASONING TO STANDARDS OF PROOF ; Cohen, The Probable and the Provable ; SECTION 2: PROOF BY A PREPONDERANCE OF THE EVIDENCE ; Rhesa Shipping Co SA v. Edmunds (The Popi M) ; T.N.T. Management Pty. Ltd. v. Brooks ; Cohen, The Probable and the Provable ; SECTION 3: PROOF BEYOND REASONABLE DOUBT ; Shapiro, Beyond Reasonable Doubt ; Cohen, The Probable and the Provable ; SECTION 4: DECISION THEORY IN RELATION TO STANDARDS OF PROOF ; Kaplan, Decision Theory and the Factfinding Process ; Tribe, Trial by Mathematics: Precision and Ritual in the Legal Process ; 6. Theories of Probability ; SECTION 1: PROBABILITY THEORIES GENERALLY ; Locke, Essay ; Hume, Treatise ; Bentham, Rationale ; Keynes, Treatise ; SECTION 2: PROBABILITY APPLIED TO HUMAN CONDUCT AND CREDIBILITY ; Keynes, Treatise ; Eggleston, Evidence, Proof, and Probability ; SECTION 3: THE PRINCIPLE OF INDIFFERENCE ; Cohen, Introduction ; 7. Probability: Issues of Mathematics ; SECTION 1: MATHEMATICAL PROBABILITY CALCULUS ; Mill, System ; Schum, Foundations ; Cohen, Introduction ; SECTION 2: REVISION OF PROBABILITY ESTIMATES IN LIGHT OF NEW EVIDENCE: BAYES' RULE ; Schum, Foundations ; Bayes, Essay ; SECTION 3: MATHEMATICS IN THE COURTROOM ; People v. Collins ; R v. Adams (No. 2) ; 8. Probability: Mathematical and Non-Mathematical Models ; SECTION 1: MON-MATHEMATICAL PROBABILITY MODELS ; Mill, System ; Keynes, Treatise ; Cohen, Introduction ; Cohen, The Probable and the Provable ; SECTION 2: PASCAL OR BACON? THE GREAT DEBATE ; Tribe, Trial by Mathematics: Precision and Ritual in the Legal Process ; Kaye, The Laws of Probability and the Laws of the Land ; 9. Alternative Epistemologies of Evidence ; SECTION 1: CHANCE AND ACAUSAL CONNECTIONS ; Aristotle, Physics ; Mill, System ; SECTION 2: THE OLDER MODES OF PROOF ; Holdsworth, History ; Hammurabi, Code ; Manu, Laws ; Supakar, The Law of Evidence in Ancient India ; SECTION 3: A WOMAN'S PERSPECTIVE ; Harmon, Etchings on Glass ; APPENDIX 1: INFERENCE NETWORKS AND THE CHARTING OF EVIDENCE ; Wigmore, The Problem of Proof ; APPENDIX 2: SOME COMMONLY USED HYPOTHETICALS ; Index

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Book SynopsisIn Defense of Legal Positivism is an uncompromising defence of legal positivism that insists on the separability of law and morality. After distinguishing among three facets of morality, Matthew Kramer explores a variety of ways in which law has been perceived as integrally connected to each of those facets.Some of the chapters pose arguments against other major theorists such as David Lyons, Lon Fuller, Joseph Raz, Michael Detmold, Ronald Dworkin, Nigel Simmonds, John Finnis, Philip Soper, neil McCormick, gerald Postema, Stephen Perry, and Michael Moore, while others extend rather than defend legal positivism; they refine the insights of legal positivism and develop the implications of those insights in strikingly novel directions. The book concludes with a detailed discussion of the obligation to obey the lae- a discussion that highlights the strengths of legal positivism in the domain of political philosophy as much as in the domain of jurisprudence.Trade ReviewReview from previous edition Kramer's analysis is detailed, thoroughgoing and comprehensive. He lays bare the fundamental disagreements between positivist and anti-positivist theorists, and in the process promotes a richer understanding of the view he seeks to defend. * Philosophical Quarterly *Matthew Kramer, with characteristic vigour and analytical force, presents a staunch defense of positivism against many popular forms of idealism and rejects many of the concessions that positivism has made to idealism....Kramer's defence of legal positivism is a powerful synthesis of the ideas of some of the most well-known expositors of the doctrine. Whilst his general approach is negative -- in that he attempts to provide rebuttals to many of the more popular idealist attacks on positivism -- he does present a positive thesis, and it is on this that attention is focused. His positive argument skilfully combines Hartian, Austinian and Hobbesian jurisprudence....Kramer's analyses make stimulating reading....[H]e manages to clear much dead wood from the debate concerning the moral content of law and provides interesting arguments to which thosen of a different persuasion will have to respond * Patrick Capps, Modern Law Review, Sept. 2000. *Kramer provides an exhaustive defense of legal positivism against those who attribute a necessary relationship between law and morality... [H]is argument is a useful counterweight to the predominance of liberal moralizing and American parochialism that plagues contemporary legal theorizing...Kramer thus performs a valuable reminder to his fellow legal theorists that the act of maintaining the law by judges can be as self-interested and hypocritical as can the partisan business of legislation. One hopes that legal scholars have not become too pious (or self-interested, for that matter) to take up Kramer's challenge. * The Law and Politics Book Review Vol.10 No.1 *Matthew Kramer's defence of legal positivism [is] densely and intelligently argued....[An] enormous investment of intellectual energy * Oxford Journal of Legal Studies *Matthew Kramer's recent defense of legal positivism [is] one of the clearest and most powerful analyses to appear in recent years. * Philip Soper *Table of ContentsPreface ; 1. Introduction ; PART I: POSITIVISM DEFENDED ; 2. Justice as Constancy ; 3. Scrupulousness Without Scruples: A Critique of Lon Fuller and His Defenders ; 4. Requirements, Reasons, and Raz: Legal Positivism and Legal Duties ; 5. The Law in Action: A Study in Good and Evil ; 6. Also Among the Prophets: Some Rejoinders to Ronald Dworkin's Attacks on Legal Positivism ; PART II: POSITIVISM EXTENDED ; 7. Disclaimers and Reassertions ; 8. Elements of a Conceptual Framework ; 9. Law and Order: Some Implications ; Index

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Book SynopsisThis is the second of two volumes for students preparing for the Professional Diploma in Law examination, covering the four subjects included in the syllabus for Year Two: contract and consumer law, employment law, family law, wills, probate and succession. In addition to satisfying the requirements for the Institute's syllabus, this book will help the student understand how the law works in practice. Frequent references are made to significant cases, which arefully explained. The book also contains examples of statutes and law reports to enable the student to gain familiarity with the primary sources of law.Table of Contents1. Contract and Consumer Law ; Nature of Contract ; Formation of a Contract ; Contents of a Contract ; Exclusion Clauses ; Vitiating Elements ; Discharge of the Contract ; Remedies for Breach of Contract ; CONSUMER LAW ; Introduction ; Sale of Goods Act 1979 ; Supply of Goods and Services Act 1982 ; Supply of Goods (Implied Terms) Act 1982 ; Consumer Credit Act 1974 ; Consumer Protection Act 1987 ; 2. Employment Law ; Introduction ; Employment Law ; Health and Safety at Work ; Questions ; 3. Family Law ; Introduction ; Requirements for a Valid Marriage ; Invalidity and Failure of Marriage ; Financial Provision After a Final Decree ; Financial Provision in the Family Proceedings Court ; Children ; 4. Wills, Probate and Succession ; Introduction ; Introductory Principles ; Main Clauses in a Will ; Gifts Contained in Wills ; Revocation of Wills ; Intestacy ; Personal Representatives ; Inheritance (Provision for Family and Dependants) Act 1975 ; Inheritance Tax ; Questions

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Book SynopsisSources of English Legal History: Public Law to 1750 is the definitive source book on the foundations of English public law. An extensive collection of illustrative original materials, it is a companion book to Baker and Milsom Sources of English Legal History: Private Law to 1750, 2e (OUP, 2010).Table of ContentsPreface Acknowledgments Table of Statutes and other Legislation Alphabetical Table of Named Cases Table of Cases cited by Year Table of Extracts from Lectures and Treatises List of Abbreviations 1: The Monarchy 2: Devolution of the Crown 3: Charters and Confirmations of Liberties 4: The King and the Rule of Law 5: The High Court of Parliament 6: Parliamentary Legislation 7: Subordinate Legislation 8: The Central Courts of Common Law 9: The Court of Chancery 10: Conciliar Courts 11: The Church and Its Jurisdiction 12: The High Commission 13: Local Authority and Jurisdiction 14: Liberty of the Person 15: Taxation and Purveyance 16: Freedom of Trade 17: Treason 18: Homicide 19: Offences in Respect of Property 20: Criminal Responsibility 21: Criminal Procedure 22: The Death Penalty and Its Avoidance 23: The Boundaries of English Law Index of names Index of subjects

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Book SynopsisBaker and Milsom''s Sources of English Legal History is the definitive source book on the development of English private law. This new edition has been comprehensively revised and udpated to incorporate new sources discovered since the original publication in 1986, and to reflect developments in recent scholarship.All the sources included are translated into modern English, offering an accessible inroad to the leading primary materials for students of the history of the common law.The sources themselves - revealing the operation of courts across a wide range of personal and economic disputes - offer a rich resource for historians researching the development of the English government, society, and economy. Their significance in shaping the common law spans beyond England, and ensures the collection is an essential reference point for all those interested in the history of the common law in any jurisdiction.Table of ContentsPreface to the Second Edition ; Preface to the First Edition ; 1. Tenure: services and incidents ; 2. Actions concerning land ; 3. Family interests and settlements at common law ; 4. Uses, wills, and trusts ; 5. Executory interests under the Statute of Uses ; 6. The term of years ; 7. Copyhold ; 8. Debt ; 9. Detinue ; 10. Covenant ; 11. Account ; 12. Trespass ; 13. Trespass on the case ; 14. Assumpsit for misfeasance ; 15. Assumpsit for nonfeasance ; 16. Assumpsit in lieu of debt ; 17. Assumpsit against executors for money ; 18. Various developments of the money counts ; 19. Consideration and privity ; 20. Actions on the case for deceit ; 21. Actions on the case for conversion ; 22. Actions on the case for negligence ; 23. Actions on the case for nuisance ; 24. Actions on the case for various kinds of economic loss ; 25. Actions on the case for defamation ; Index

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Book SynopsisThis study explores the different ways people view the law. It identifies three common narratives: one is based on the idea of the law as magisterial and remote; another views the law as a game to be played; and a third narrative describes the law as an arbitrary power to be actively resisted.

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Book SynopsisIn follow-up studies, dozens of reviews, and even a book of essays evaluating his conclusions, Gerald N Rosenberg's critics have spent years debating the arguments he first put forward in "The Hollow Hope". Addressing its critics in a fresh conclusion, this work reignites for a new generation the national debate it sparked years ago.Trade Review"Rosenberg argues with considerable subtlety and power and no little persuasiveness that the promise of Supreme Court action has been chimerical. In his view, Justices are, at best, the Rosencrantzes and Guildensterns of the larger American social drama, and the lawyers pleading their cases have mostly been wasting their thespian talents." - David L. Kirp, Nation"

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Book SynopsisTrade Review“In Natural Law and Human Rights, the French philosopher Pierre Manent provides a searching critique of the doctrines, policies, and practices of ‘human rights’ prevailing today. To interpret or replace them, he proposes the original natural law that is always available to anyone who ponders the basic human experiences. That law, knowable and accessible in our time, is our guide to live for the best.” —Harvey C. Mansfield, Kenan Professor of Government, Harvard University; Senior Fellow, the Hoover Institution, Stanford University“Pierre Manent’s book is a compact feast. Once properly digested, his thesis is original and electrifying.” —Patrick Deneen, author of Why Liberalism Failed“Pierre Manent takes on the now-daring task of rehabilitating classical natural law and does so with what might be described as Gallic verve.” —Will Morrisey, author of The Dilemma of Progressivism“Why is the 'critique of modernity' such a ubiquitous genre? . . . Natural Law and Human Rights, the new book by formidable French political theorist Pierre Manent, provides another framework for understanding the proliferation of these critiques of modernity.” —The Hedgehog Review"This is a bold book, and Patrick Deneen’s back-cover blurb of this book as a 'compact feast' may undersell it. This book is a treasure chest, for in a little more than 100 pages Manent lavishly offers gems of insight. His greatest jewel of wisdom is that modern man cannot win his fight against the natural law, for it is still part of him, deny it though he may." —The Federalist“Manent’s prescient critique of human rights may be the best tool at our disposal to interpret the weaknesses that COVID-19 has revealed. The modern politics of human rights is too individualistic, too theoretical, and too technical, Manent warns, all faults that poison our ability to deliberate the natural ends of man and make a real choices, take real actions.” —The American Mind“It takes a bold man to offer public criticism of the idea of ‘human rights.’ . . . The western world is blessed to have such a man—bold, profound, and prudent—in Pierre Manent. All of these virtues are displayed in his excellent new book, Natural Law and Human Rights. . . . The book is rich in insight, the fruit of Manent’s decades of deep meditation on the history of political philosophy and on the intellectual, moral, and political predicament of the modern world.” —Public Discourse“[Manent] details the need for our discourse on human rights to be reintegrated into what he calls an ‘archic’ understanding of human and political existence. Only by seeing rights as rooted in duties and by seeing them in light of the the natural moral law can we be both intellectually sound in our practical reasoning and well-grounded in our claims about human rights.” —International Philosophical Quarterly“In a remarkable book titled Natural Law and Human Rights: Toward a Recovery of Practical Reason, Manent responds to Montaigne’s challenge. Here Manent persuasively defends the enduring relevance of the old cardinal virtues—courage, justice, prudence, and moderation—and of a conception of non-arbitrary conscience that can provide practical reason with rich moral content.” —The New Criterion"Manent helps us to see the deep chasm that lies between the modern human rights worldview and that of natural law." —The New BioethicsTable of Contents1. Why Natural Law Matters 2. Counsels of Fear 3. The Order of the State without Right or Law 4. The Law, Slave to Rights 5. The Individual and the Agent 6. Natural Law and Human Motives Appendix: Recovering Law’s Intelligence

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Book SynopsisFacing repression, the Latin American left in the ‘60s and ‘70s found connection in transnational exchange, organising with activists in Africa, the Middle East, and the Caribbean. By exploring South-South solidarity, this volume begins conversations about what makes these movements unique, how they shaped political identities, and their influence.Table of Contents Contents List of Illustrations Acknowledgments List of Abbreviations Introduction: How We Think about Solidarity 1. South-South Solidarity and the Revolutionary Latin American State 2. Rendering Solidarity: Tricontinentalist Culture at the United Nations 3. "Nuestros Palestinos!" and Representational Solidarity in the Southern Cone 4. Latin American Liberation Theology in Southern Africa Conclusion: South-South Solidarity and History at a Crossroads Notes Bibliography Index

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Book SynopsisThis book critically confronts perceptions that social media has become a âwastelandâ for young people. Law has become preoccupied with privacy, intellectual property, defamation and criminal behaviour in and through social media. In the case of children and youth, this book argues, these preoccupations â whilst important â have disguised and distracted public debate away from a much broader, and more positive, consideration of the nature of social media. In particular, the legal tendency to consider social media as âdangerousâ for young people â to focus exclusively on the need to protect and control their online presence and privacy, whilst tending to suspect, or to criminalise, their use of it â has obscured the potential of social media to help young people to participate more fully as citizens in society. Drawing on sociological work on the construction of childhood, and engaging a wide range of national and international legal material, this book argues that social media may yet offer the possibility of an entirely different â and more progressive âconceptualisation of children and youth.Table of Contents1. Moral panics, childhood, social media and the law 2. Recreating families in social media 3. Social media, young people and political accountability 4. Schools, young people and social media: surveillance and the role model void 5. Working in the online society: social media and young people in new workplace 6. Crime, Identity and Gender: how social media opens new worlds of hope and exploitation 7. ‘Don’t mention the porn’: social media and the rise of the sexual child 8. The New Wasteland: Law, Many Publics and the Loss of Interest

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Book SynopsisBanking regulation and the private law governing the bank-customer relationship came under the spotlight as a result of the global financial crisis of 2007â2009. More than a decade later UK, EU and international regulatory initiatives have transformed the structure, business practices, financing models and governance of the banking sector. This authoritative text offers an in-depth analysis of modern banking law and regulation, while providing an assessment of its effectiveness and normative underpinnings. Its main focus is on UK law and practice, but where necessary it delves into EU law and institutions, such as the European Banking Union and supervisory role of the European Central Bank. The book also covers the regulation of bank corporate governance and executive remuneration, the promises and perils of FinTech and RegTech, and the impact of Brexit on UK financial services. Although detailed, the text remains easy to read and reasonably short; pedagogic features such as a glossary of terms and practice questions for each chapter are intended to facilitate learning. It is a useful resource for students and scholars of banking law and regulation, as well as for regulators and other professionals who are interested in reading a precise and evaluative account of this evolving area of law. Table of ContentsPart I: Banks and their regulators. 1. The banking system; 2. Systemic risk and systemic stability in the prudential banking framework; 3. The regulatory architecture of the UK banking system. Part II: The business of banks. 4. EU harmonisation of the banking regulatory framework; 5. The relationship between banks and customers; 6. Business conduct regulation and financial consumer protection; 7. Accounts and payment methods; 8. Clearing and settlement process; 9. Business and consumer lending; 10. Money laundering and terrorist financing. Part III: Preventing banking crises. 11. Regulation of bank capital and liquidity; 12. The regulation of bank corporate governance, executive remuneration and senior managers accountability; 13. FinTech and automation in banks. Part IV: Managing bank failures. 14. UK banking resolution and the EU Single Resolution Mechanism; 15. Deposit insurance and banking stability; 16. The regulation of non-performing loans; 17. The impact of Brexit on the banking sector; Post scriptum: temporary modifications to banking law and regulation in response to the Covid-19 public health emergency

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Book SynopsisOriginal and interdisciplinary, this is the first book to explore the relationship between a neoliberal mode of governance and the so-called genetic revolution.Looking at the knowledge-power relations in the post-genomic era and addressing the pressing issues of genetic privacy and discrimination in the context of neoliberal governance, this book demonstrates and explains the mechanisms of mutual production between biotechnology and cultural, political, economic and legal frameworks.In the first part Antoinette Rouvroy explores the social, political and economic conditions and consequences of this new âperceptual regimeâ. In the second she pursues her analysis through a consideration of the impact of âgeneticizationâ on political support of the welfare state and on the operation of private health and life insurances. Genetics and neoliberalism, she argues, are complicit in fostering the belief that social and economic patterns have a fixed nature beyond the reach of democratic deliberation, whilst the characteristics of individuals are unusually plastic, and within the scope of individual choice and responsibility.This book will be of interest to all students of law, sociology and politics. Trade Review"After reading Human Genes and Neoliberal Governance one cannot but be impressed by Rouvroy’s tour de force on the intricacies of genetic sciences discourse. The work of deconstruction on the rhetoric of truth production revolving around genetics that the author sets up is impressive both for the range of the analysis and for the variety of theoretical instruments used in the investigation." - Jacopo Martire, Kings College London, Kings Law Journal, 21.1, 2010Table of ContentsIntroduction Part 1: The Production of Genetic Knowledge and the Rise of Genetics as New Perceptual Regime 1. The Production of Genetic Knowledge 2. Scientific and Economic Strength of Genetic Reductionism 3. Policy Implications: Discourses of Genetic Enlightenment as New Disciplinary Devices 4. Genetic Conceptualisations of ‘Normality’ and the Idea of Genetic Justice 5. Beyond Genetic Universality and Authenticity, the Lure of the ‘Genetic Underclass’ Part 2: The Socio-Economic Life of Genes - Genetic Risks and Insurance 6. Commonalties and Variations in Regulation of Genetic Information Flows 7. Previews of the Future as Background 8. Economic and Actuarial Perspectives on Genetics and Insurance 9. Practical and Normative Arguments Against ‘Genetic Exceptionalist’ Legislation 10. The Changing Social Role of Private Insurance: ‘Risk’ as a New Representational Regime. Conclusions. References

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Book SynopsisThis book will discuss and analyse policy developments that have been occurring in the field of financial regulation and the implications for the insurance industry and markets.Table of ContentsChapter 1: Introduction Chapter 2: What Can History Tell us About Insurance Regulation? Chapter 3: Macro-Prudential Supervision, Systemic Risk and Insurance Companies Chapter 4: Systemic Risk in Insurance: Common Thinking Errors, and Their Resolution Chapter 5: Anticipating New Sources of Systemic Risk in Insurance Chapter 6: Oversight of Systemically Relevant Insurance Practices Within The EU: The Role of Macro-Prudential Supervision Chapter 7: Stealth Federal Regulation of Insurance in The United States Chapter 8: The Emerging Special Recovery and Resolution Framework Of G-Siis and its Effectiveness Chapter 9: The International Regulation of Systemic Risk: The Role of the Leading International Organisations, Groups and Standard Setting Bodies in Shaping the Post Crisis Reform of Insurance Regulation

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Book SynopsisUses a multimethod research design, incorporating quantitative and qualitative analyses, to examine the ways that the US Congress has used the legislative veto over the past 80 years. This parliamentary manoeuvre raises troubling questions about the fundamental principle of separation of governmental powers.

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Book SynopsisAnalyses the creation of different sovereign wealth funds (SWFs) from a comparative political economy perspective, arguing that different state-society structures at the sectoral level are the drivers for SWF variation.Trade Review“Many books have explored the actual and the ideal relationship between states and markets. This book asks a new question: How should the state organize itself in order to be an effective market participant, through improved management of its assets. It should be mandatory reading for all those concerned with public policy.”- Ricardo Hausmann, Harvard University“Capital Choices is an insightful and informative analysis of the origins of Sovereign Wealth Funds. Braunstein convincingly emphasizes the role of different types of policy networks on the political economy of decisions to establish funds to explain variations in their objectives and structures.”- Edwin Truman, Peterson Institute for International Economics“Sovereign wealth funds are increasingly important actors on the global investment stage. But these organizations are poorly understood, in part because their incentives and behavior—as organizations that are both return-maximizing investors and state bodies—are complex. This book, through a series of thoughtful case studies, shed fresh light on these funds and their implications.”- Josh Lerner, Harvard Business School“When the label ‘Sovereign Wealth Funds’ was applied to a set of government-owned asset funds, it fostered the impression that we were talking about a single well-defined animal. Capital Choices shows that SWFs in fact vary widely and explores the nature and origins of the differences.”- Jeffrey Frankel, Harvard University“Capital Choices breaks new ground, providing a convincing explanation for the wide variations we observe in the characteristics of sovereign wealth funds around the world. Clearly written and thoroughly researched, the book is a must read for anyone interested in the domestic politics of international finance.”- Benjamin Cohen, University of California, Santa Barbara“This is a major work not just about the increasingly important sovereign wealth funds but also about how non-Western states pursue industrial policies. It combines theory, non-Western cases and new empirical material to tell a story of why states create sovereign wealth funds and their scope for choosing distinct paths of economic development.”- Mark Thatcher, London School of Economics and Political Science“In Capital Choices, Juergen Braunstein provides an illuminating original account of the emergence and divergence of sovereign wealth funds. Explaining how different interests and coalitions shape varying SWF paths, this compelling argument finally places politics where it belongs—at the centre of analysis. A decisive intervention in the debate.”- Garry Rodan, Murdoch University“Dr. Braunstein fills an important niche in the sovereign wealth fund literature by providing a meticulously researched and skillfully executed description of the different domestic and international actors, networks, and forces at work in the development of modern SWFs. This book is an excellent example of the kind of detailed research needed to fully understand the crucial impact of these funds.”- Paul Rose, The Ohio State UniversityTable of Contents Abbreviations Acknowledgments Chapter 1: Introduction Chapter 2: Global Review Chapter 3: Bringing Domestic Politics In: A Policy Network Analysis of Sovereign Wealth Funds Chapter 4. Capital Choices in Industrial Policy: Asian city-economies and the emergence of Temasek Chapter 5: Capital Choices in Saving's and Financial Policy: Asian City States and the emergence of the GIC Chapter 6: Capital Choices in Small Open Economies of the Middle East Chapter 7: Capital Choices in OECD and BRIC countries Chapter 8. Conclusion: Domestic Politics and Capital Choices Afterword Appendix Notes Bibliography Index

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Book SynopsisWhy does the US need European allies, and why is it getting more difficult for those allies to partner with Washington in pursuing other common interests? This book addresses the economic, demographic, political, and military trends that are upending the ability and willingness of European allies to work with Washington.Trade Review“John R. Deni’s Coalition of the Unwilling and Unable is an uncompromising assessment of Europe’s readiness and will to address with the United States the military challenges defining this decade and beyond. Written by a committed transatlanticist, this work provides a rare combination of strategic assessment and actionable recommendations. …Coalition of the Unwilling and Unable is a 'must read' for American analysts and policy makers involved in the shaping of US defense strategy.”—Ian Brzezinski, Resident Senior Fellow at the Atlantic Council and former Deputy Assistant Secretary of Defense for Europe and NATO Policy“Deni’s cautionary book… dives into the challenges the Biden Administration will face as they seek European partners to contend with multiple challenges. Deni assesses the assets and constraints of five major US European allies – the UK, Germany, France, Italy, and Poland. He does a deep dive into each country’s thinking about national security, and the economic, demographic, and technological strengths and weaknesses that inform it. It’s a compelling picture. Deni has written a strong, valuable, and sobering analysis.”-Daniel Fried, Weiser Family Distinguished Fellow at the Atlantic Council, former U.S. Ambassador to Poland, and former Assistant Secretary of State for Europe“Deni takes a much broader look at how our major allies use their power–military, diplomatic, and economic–to advance their interests and American interests. In addition, he considers whether our allies’ individual economic strengths would allow them to do more.”—Ambassador (ret.) John A. Cloud“. . . solidly documented and grounded in a material, economic understanding of the roots of military power.”—Zachary Selden, University of Florida

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Book SynopsisWhile other books have analysed the barriers to higher office that women face, this book reveals how women in positions of power are still forced to balance feminine stereotypes with the perception of power as masculine in order to prove their legitimacy.Table of Contents Acknowledgments Chapter 1: Introduction Chapter 2: How Female Leaders Get there: Party Workhorses but Not Party Animals Chapter 3: Prime Minister May’s Tightrope Walk between Brexiteers and Remainers Chapter 4: Pelosi’s Tightropes Chapter 5: Conclusion Table 1 References Index

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Book SynopsisWhile other books have analysed the barriers to higher office that women face, this book reveals how women in positions of power are still forced to balance feminine stereotypes with the perception of power as masculine in order to prove their legitimacy.Trade Review“By contrasting Theresa May and Nancy Pelosi, two leaders serving in entirely different political systems and from opposite ends of the ideological spectrum, Haussman and Kedrowski tease out important patterns in the challenges female leaders face. They demonstrate how institutional dynamics and gendered power norms impact women leaders differently than their male counterparts. The book holds important lessons for scholars and practitioners who want to see more diversity at the highest levels of government.” —Michele Swers, Georgetown UniversityTable of Contents Acknowledgments Chapter 1: Introduction Chapter 2: How Female Leaders Get there: Party Workhorses but Not Party Animals Chapter 3: Prime Minister May’s Tightrope Walk between Brexiteers and Remainers Chapter 4: Pelosi’s Tightropes Chapter 5: Conclusion Table 1 References Index

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Book Synopsis"Networks"" and other artifacts of institutional life are such ubiquitous aspects of the ""information age"" that they go unnoticed. Annelise Riles takes a sophisticated theoretical approach to examine the aesthetics of these artifacts and practices, to learn what their very forms and formats can tell us about knowledge and legality in today's world.

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Book SynopsisExamine the ways that US Congress has used the legislative veto over the past 80 years. Michael J. Berry argues that, since the US Supreme Court declared the legislative veto unconstitutional in Immigration and Naturalization Service (INS) v. Chadha (1983), Congress has strategically modified its use of the veto to give more power to Appropriations Committees.Trade ReviewThe Modern Legislative Veto is an exciting book, one that I have looked forward to for a long time. A discussion of the development of the legislative veto is timely and very important.” —Mathew D. McCubbins, Ruth F. De Varney Professor of Political Science and Professor of Law, Duke University""This book promises to be the definitive work on the legislative veto. It covers the legislative veto at both the federal and state levels, which makes it unique.” —Erik J. Engstrom, University of California, Davis

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Book SynopsisAnalyses the creation of different sovereign wealth funds (SWFs) from a comparative political economy perspective, arguing that different state-society structures at the sectoral level are the drivers for SWF variation. Juergen Braunstein focuses on the early formation period of SWFs, a critical but little understood area.Trade ReviewDr. Braunstein fills an important niche in the sovereign wealth fund literature by providing a meticulously researched and skillfully executed description of the different domestic and international actors, networks, and forces at work in the development of modern SWFs. This book is an excellent example of the kind of detailed research needed to fully understand the crucial impact of these funds."" - Paul Rose, Ohio State University

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Book SynopsisArgues that elite inexperience may constrain self-interest and lead elites to undertake incremental approaches to reform, aiding the process of democratic consolidation. Using a multimethods approach, the book examines three consecutive periods of reform in Indonesia, the world's largest Muslim majority country and third largest democracy.Trade ReviewThis is a highly valuable book on the relatively underexplored topic of electoral reform. It is thorough and based on original and painstaking research, including an impressive array of extensive interviews. The book will make a large contribution to the political science literature on elections and electoral rules. In addition, it provides invaluable detail on the electoral process in the world's third largest democracy." - Joel Selway, Brigham Young University"Shair-Rosenfield draws upon dauntingly complex data-collection and analysis to tease out the actual implications of counterfactual decisions regarding electoral rules. The end result is a creative effort to drill deeply into a case to clarify why theoretical predictions fail to hold up consistently." - Meredith Weiss, University of Albany

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Book SynopsisExamines the factors that contributed to post-uprising leadership durability in the Ukraine, Kyrgyzstan, and Georgia in 2004-12. Using structured, focused comparison and process tracing, Vasili Rukhadze argues that the key independent variable influencing post-mobilization leadership durability is ruling coalition size and cohesion.Table of Contents List of tables and figuresAknowledgements I. Introduction, Research Design, and Methodology, and Literature Review II. Historical Background III. The Case of Ukraine IV. The Case of Kyrgyzstan V. The Case of Georgia VI. Conclusions References List of Interviewees

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