Recent (2012–13) and Forthcoming Books
Showing 324 recent books sorted by year, then title [change this]
J Pila, 'A Constitutionalised Doctrine of Precedent and the Marleasing Principle as Bases for a European Legal Methodology' in Ansgar Ohly and Justine Pila (eds), The Europeanisation of Intellectual Property Law: Towards a European Legal Methodology (OUP 2013)
D J Galligan, 'A Moment Missed: The Levellers and the Constitution' in D. J. Galligan (ed), Constitutions and the Classics (Oxford University Press (confirmation pending) 2013) (forthcoming)
G Loutzenhiser and John Tiley, Advanced Topics in Revenue Law (Hart Publishing 2013)
P S Davies, 'Aid, abet, counsel or procure?' in S Pitel, J Neyers, E Chamberlain (eds), Tort Law: Challenging Orthodoxy (Hart 2013) (forthcoming)
M R Macnair, 'Arbitrary Chancellors and the problem of predictability' in Willem Zwalve & Egbert Koops (eds), Law and Equity: Roman Law and Common Law approaches (Brill 2013) (forthcoming) [...]
Roman law experienced concerns about arbitrary decision-making by Praetors. English equity being much more recent, we have much better evidence both for actual arbitrary decision-making by Chancellors, and for concerns about arbitrary decision-making by Chancellors. The remedies adopted, however, are profoundly different. The Romans made the Edict more like the Twelve Tables - a code. The development of English law, in contrast, made equity more like the common law: a system based on the communis opinio of a narrow group of advocates (in the case of modern Chancery equity, the specialist Chancery bar), expressed in the heavy use of precedent and case reporting, modified by particularistic statutes, and governed by collegiate courts of review or (in modern times) appeal. The eventual upshot is that modern ‘Chancery bar equity’ is perhaps the least ‘equitable’, in the Aristotelian ἐπιείκεια sense of ‘flexible’, branch of English law.
M Bosworth, 'Can Immigration Detention be Legitimate' in KF Aas and M Bosworth (eds), The Borders of Punishment: Citizenship, Crime Control and Social Exclusion (Oxford University Press 2013) (forthcoming)
J J W Herring, Caring and the Law (Hart 2013) [...]
This book explores at a theoretical and practical level the law's interaction with caring.
M Bosworth, 'Citizenship and Belonging in a Women's Immigration Detention Centre' in C Phillips and C Webster (eds), New Directions in Race, Ethnicity and Crime (Routledge 2013) (forthcoming)
This paper provides an overview of issues raised by the nature of coercion. It outlines four major distinctions that are both important to understanding the nature of coercion and important to disputes about its nature: (1) coercion in the sense of actions that aim to force another to do something, as opposed to actions that simply have that effect (i.e. are "coercive"); (2) coercion by the use of physical force against another as opposed to coercoin by the creation of a "forced choice" for that person; (3) coercion as a factor affecting the liability of the person who succumbs to the force ("duress") as opposed to coercion as a means of making another do as one wills; and (4) distinguishing between proposals that are threats rather than offers. These distinctions all bear on the question of why the use of coercion is ordinarily regarded as requiring some moral warrant.
Simon Whittaker and K Reisenhuber, 'Conceptions of Contract' in G. Dannemann and S. Vogenauer (eds), The Common European Sales Law in Context: Interactions with English and German Law (OUP 2013)
European Max Planck Group on Conflict of Laws etc, Conflict of Laws in Intellectual Property: The CLIP Principles and Commentary (Oxford University Press 2013)
R Ekins, 'Constitutional Principle in the Laws of the Commonwealth' in R. George and J. Keown (eds), Reason, Morality and Law: The Jurisprudence of John Finnis (Oxford: OUP 2013) (forthcoming)
P S Davies, 'Construing commercial contracts: no need for violence' in M Freeman and F Smith (eds), Law and Language: Current Legal Issues Volume 15 (OUP 2013)
CJ Tams and A Tzanakopoulos, 'Contemporary Positivism and the Jus ad bellum' in J d'Apremont, J Kammerhofer (eds), International Legal Positivism in a Postmodern World (Cambridge University Press 2013) (forthcoming) [...]
The paper assesses the legal regime governing recourse to force from the perspective of 'contemporary positivism'. It provides a basic introduction to positivist international law and its critique and charts how positivism, faced with decades of anti-positivist critique, has adjusted itself. More specifically, it analyses how in response to criticism, positivism has embraced a more 'liberal' approach to the identification of sources. Applying these findings to the specific problem of military force, the paper outlines the main challenges facing a positivist understanding of the jus ad bellum. These are (i) the loss of predictability of the legal rules (''anything goes"), which is a consequence of the liberalisation of sources; and (ii) the attraction, even among positivist scholars, to invoke "quasi-legal" arguments based on legitimacy, morals or political necessity.
D J McBarnet, 'Corporate social responsibility beyond law, through law, for law' in J Moon and D Matten (eds), Corporate Citizenship (Edward Elgar 2013) (forthcoming)
J Gardner and James Edwards, 'Criminal Law' in Hugh LaFollette (ed), International Encyclopedia of Ethics (Wiley-Blackwell 2013)
J Gardner, 'Criminals in Uniform' in R.A. Duff, Lindsay Farmer, S.E. Marshall, Massimo Renzo, and Victor Tadros (eds), The Constitution of Criminal Law (Oxford University Press 2013)
J Cartwright and M Schmidt-Kessel, 'Defects in Consent: Mistake, Fraud, Threats, Unfair Exploitation' in Gerhard Dannemann and Stefan Vogenauer (eds), The Common European Sales Law in Context (Oxford University Press 2013) [...]
Comparison of English law on defects in consent in the formation of a contract with German law and European private law (the proposed Common European Sales Law and the Draft Common Frame of Reference).
In December 2012 Four Presidents of the European Union (of the European Council, the Commission, the Central Bank and the Eurogroup) issued a paper outlining steps for a ‘genuine monetary union’ promising among others better democratic accountability for its institutions. This essay asks if an entity like the European Union - and the Eurozone within it - can indeed become democratic. I distinguish between two approaches to democracy, first as collective self-government or, second, as set of egalitarian institutions. The essay argues that the German Federal Constitutional Court supports the first theory and for that reason is very cautious of the idea of bringing democracy to the European Union. The collective view believes that without a single people, there cannot be self-government. The second theory accepts the primacy of domestic democracy but allows, by contrast, for international institutions of democratic accountability that support domestic democracy. I offer some arguments for this view and conclude that the four Presidents are not mistaken in endorsing the ambition of democratic accountability for the Eurozone. The European Union is a union of peoples. A union of this kind can become more democratic without seeking to become a democracy.
J Vidmar, Democratic Statehood in International Law: The Emergence of New States in Post-Cold War Practice (Hart Publishing 2013)
J Goudkamp and Charles Mitchell, 'Denials and Defences in the Law of Unjust Enrichment' in Charles Mitchell and William Swadling (eds), The Restatement Third, Restitution and Unjust Enrichment: Comparative and Critical Essays (Hart Publishing 2013)
A Ashworth, 'Die Rettungspflicht im englischen Recht' in Andreas von Hirsch, Ulfrid Neumann and Kurt Seelman (eds), Solidaritat im Strafrecht (Nomos Verlagsgesellschaft, Baden-Baden 2013) [...]
Abstract: A theoretical examination of the principles on which English criminal law grounds liability or non-liability for omissions.
G Dinwoodie, 'Dilution as Unfair Competition: European Echoes' in Rochelle Cooper Dreyfuss and Jane C. Ginsburg (eds), Intellectual Property at the Edge: The Contested Contours of IP (Cambridge University Press 2013) (forthcoming) [...]
This response to Barton Beebe explores whether contemporary experience in Europe supports the central arguments advanced by Beebe in The Supressed Misappropriation Origins of Trademark Antidilution Law. The development of E.U. law is largely consistent with the idea that dilution law is in part an effort to install a misappropriation regime, at least insofar as the objects of protection are trademarks with a reputation (increasingly, a smaller caveat as the scope of potential trademark subject matter expands and the reputation threshold falls). This has important local consequences: if dilution law is in truth is a law against misappropriation, the Court of Justice of the European Union has greater scope to contribute to the creation of a nascent European law of unfair competition. But examining recent European case law also suggests that understanding misappropriation as part of a broader system of unfair competition may moderate the formalist critique of misappropriation as wholly indeterminate and unlimited. Understood in its unfair competition milieu, a misappropriation-based concept of dilution retains some potential for measured delineation of the edges of protection.
D J Galligan, 'Discretion Revisited: From Autonomy to Sound Judgement' in A. Ruiz Ojeda (ed), To be settled (to be entered 2013) (forthcoming) [...]
A reassessment of the concept of discretion in the regulatory context, the argument being that discretion as autonomy has to be modified by discretion in its original meaning as sound judgement.
S Vogenauer, 'Drafting and Interpretation of a European Contract Law Instrument' in G Dannemann and S Vogenauer (eds), The Common European Sales Law in Context: Interactions with English and German Law (Oxford University Press 2013) [...]
pp 82-119. A European contract law regime will not necessarily be drafted and interpreted in ways that correspond to the approaches of a particular national legal system. In this chapter I will assess the peculiarities of drafting (II.) and interpreting (III.) European rules against the background of English and German contract law. I will then explore how these aspects will influence the interaction of the European contract law regime, both as an ‘optional instrument’ and as a ‘toolbox’, with the domestic laws of these two Member States (IV.).
D Leczykiewicz, 'Enforcement or Compensation? Damages Actions in EU Law after the Draft Common Frame of Reference' in M Kenny and J Devenney (eds), The Transformation of European Private Law (Cambridge University Press 2013)
E Fisher, B Lange and E Scotford, Environmental Law: Text, Cases and Materials (OUP 2013)
P S Davies and G Virgo, Equity and Trusts: Text, Cases, and Materials (OUP 2013)
A Ashworth, 'Eroding the Structure of the Convention? The Public Interest in Prosecutions for Serious Crime' in K.S. Ziegler and P.M. Huber (eds), Current Problems in the Protection of Human Rights (Hart Publishing 2013) [...]
An examination of the European Court of Human Rights' tendency to give increasing weight to public interest considerations, moving away from older doctrines.
I Benöhr, EU Consumer Law and Human Rights (Oxford University Press, Oxford Studies in European Law 2013) (forthcoming)
A Ezrachi and Gilo, European Competition Law and Policy: A Comparative Perspective (forthcoming 2013)
Ramaekers, European Union Property Law: From Fragments to a System? (Intersentia 2013)
J S Getzler, 'Faith, Trust, and Charity' in A Burrows, D Johnston, and R Zimmermann (eds), Judge and Jurist: Essays in Memory of Lord Rodger of Earlsferry (Oxford University Press 2013) [...]
Lord Rodger's last book examined constitutional issues arising from the Disruption of the Church of Scotland of 1843. This essay in honour of Lord Rodger looks at the Disruption anew through the lens of private law. It examines problems arising where a court is vested with jurisdiction over issues of religion by the regular operation of secular law as a source of private rights created at will by private actors. This is quite distinct from cases where religious practice collides with secular law created directly by coercive public command so as to bind all subjects. For example, where a group forms an association based on civil institutions of contract, co-ownership and trust in order to pursue a common religious life, then regular enforcement of those private-law agreements and shared property rights can give the courts a lever to decide matters of religion enshrined in the original constitution of the group. Thus if A and B vest property into common or entrusted ownership and agree that this will be used to support a certain form of religious practice, creed, and ritual, then A may sue B to force him by law not to vary the practice, creed, or ritual, as a matter of contract, property, or trust law. Successors may perpetually rely on the original agreements to enforce religious forms many generations later. And a religious form of life may be "double-entrenched" by making the original means of governance of the religious community a fundamental condition of the association and so immune to normal majoritarian vote. These issues were fought out in many great cases before and after the Disruption, and this jurisprudence forms a backdrop to Lord Rodger's important dissent in the Jewish Free School Case of 2009.
J J W Herring, 'Family Law' in All England Law Review 2012 (Butterworths Lexis Nexis 2013)
J J W Herring, Family Law: Questions and Answers, 2nd ed (Pearson 2013)
I Goold, Flesh and Blood: Owning Our Bodies\' Parts (Hart Publishing 2013) (forthcoming)
V Moreno Lax, 'Frontex as a Global Actor: External Relations with Third Countries and International Organisations' in M Dony (ed), The External Dimension of the Area of Freedom, Security and Justice (Brussels: Bruylant 2013) (forthcoming)
P Eleftheriadis, 'Global Rights and the Sanctity of Life' in Glenn Cohen (ed), The Globalization of Health Care (Oxford University Press 2013) (forthcoming)
P Eleftheriadis, 'Hart on Sovereignty' in Andrea Dolcetti, Luís Duarte d’Almeida and James Edwards (eds), Reading HLA Hart's 'The Concept of Law' (Hart Publishing 2013) (forthcoming)
D Leczykiewicz, 'Horizontal Effect of Fundamental Rights: In Search of Social Justice or Private Autonomy in EU Law?' in U Bernitz and X Groussot (eds), General Principles of EU Law and European Private Law (Kluwer 2013)
J Vidmar, 'Human Rights and Democratic Legitimacy of Governments in International Law: Practice of States and UN Organs' in Panara, Wilson (eds), The 'Arab Spring': New Patterns for Democracy in International Law (M Nijhoff 2013)
S Douglas-Scott, 'Human Rights in the EU' in Dennis Patterson (ed), Blackwell Companion for EU law and International Law (Oxford: Blackwell 2013) (forthcoming)
Nicholas Bamforth and Laura Hoyano, Human Rights Law and Principles in the United Kingdom (OUP 2013) (forthcoming) [...]
This Textbook, designed for postgraduates andsenior undergraduates, will provide an accessible but intellectually rigorous text book which addresses how human rights issues are configured and adjudicated in the specific British context, exploring the multiple dimensions of the European Convention on Human Rights, the European Union, international law, and national legislation and common law, and an introduction to human rights theory , integrating this into the legal analysis.
W Cornish and G Dinwoodie, 'Intellectual Property' in Andrew Burrows (ed), English Private Law (3d ed) (Oxford University Press 2013) (forthcoming)
J Pila, 'Intellectual Property Law as a Case Study in European Harmonisation: Methodological Themes and Context' in Ansgar Ohly and Justine Pila (eds), The Europeanisation of Intellectual Property Law: Towards a European Legal Methodology (OUP 2013)
D Sarooshi, 'International Organizations and State Responsibility' in M. Ragazzi (ed), The Responsibility of International Organizations: Essays in memory of Sir Ian Brownlie (Martinus Nijhoff 2013)
D Sarooshi and A. Tzanakopoulos, 'International Organizations before United Kingdom Courts' in August Reinisch and Gregor Novak (eds), Transnational Judicial Dialogue of Domestic Courts on International Organizations ( 2013) (forthcoming)
D Sarooshi and A Tzanakopoulos, 'International Organizations before United Kingdom Courts' in A Reinisch (ed), The Privileges and Immunities of International Organizations in Domestic Courts (Oxford University Press 2013) (forthcoming) [...]
This paper surveys and analyses the case law of United Kingdom courts on questions of personality and immunity of international organizations, as well as on the question of liability of members for the acts of the organization, focusing in particular on the various cases surrounding the collapse of the International Tin Council in the 1980s.
R J Smith, Introduction to Land Law (Pearson 2013)
I Loader, 'Introduction: Mapping the Penal Landscape of England and Wales' in A Dockley and I Loader (eds), The Penal Landscape: The Howard League Guide to Criminal Justice in England and Wales (London: Routledge 2013)
G Dannemann and S Vogenauer, 'Introduction: the European Contract Law Initiative and the ‘CFR in Context’ Project' in G Dannemann and S Vogenauer (eds), The Common European Sales Law in Context: Interactions with English and German Law (Oxford University Press 2013) [...]
pp 1-20. This book explores the interactions between a European contract law instrument and national legal systems, using English law and German law as examples. The purpose of this Chapter is to set out the background to our enquiry and the methodology we employed. The first Part gives an overview of the ‘European contract law initiative’ which has resulted in various drafts for a European contract law regime, culminating in the two instruments that are the focus of the following chapters: the European Commission’s Proposal for a Regulation on a Common European Sales Law of October 2011 and one of its precursors, the 2009 Draft Common Frame of Reference. The second Part of this Chapter describes the Anglo-German research project which led to the present book. It will explain the overarching questions we set out to answer and the methodology employed by the authors of the various chapters.
I Loader and R Sparks, 'Knowledge Politics and Penal Politics in Europe' in T Daems, S Snacken and D van Zyl Smit (eds), European Penology? (Oxford: Hart 2013)
M Paparinskis, 'Latvia' in Chester Brown (ed), Commentaries on Selected Model Investment Treaties (Oxford University Press 2013)
S Douglas-Scott, Law After Modernity (Hart Publishing 2013)
J M Eekelaar, 'Law and Community Practices' in MavisMaclean and John Eekelaar (eds), Managing Family Justuice in Diverse Societies (Hart Publishing 2013) [...]
Proposes a strategy for state law when interacting with norms of minority communities within the state which reconciles the values of respecting cultural identity with commitment to individual human rights.
J Dickson, 'Law and Its Theory: a Question of Priorities' in R P George and J Keown (eds), Reason, Morality and Law: the Jurisprudence of John Finnis (Oxford University Press 2013)
N. W. Barber, 'Legal Realism, Pluralism, and Their Challengers' in Ulla Neergaard and Ruth Nielsen (eds), European Legal Method – towards a New European Legal Realism? (DJOEF Publishing 2013) (forthcoming)
M Köpcke Tinturé, Legal Validity ( 2013) (forthcoming)
S Vogenauer, 'Lenel and Daube: a Cross-channel Friendship' in A Burrows, D Johnston and R Zimmermann (eds), Judge and Jurist: Essays in Memory of Lord Rodger of Earslferry (OUP 2013) (forthcoming) [...]
pp 277-96. This contribution explores the relationship between two outstanding Roman law scholars, Otto Lenel and David Daube, on the basis of their correspondence in 1933 and 1934. It also discusses the influence of Daube on Alan Rodger.
S J Bright, 'Manchester City Council v Pinnock' in N Gravells (ed), Landmark Cases in Land Law (Hart 2013) (forthcoming) [...]
This chapter explores what the case of Manchester CC v Pinnock means In terms of the rhetoric of ownership and our doctrinal thinking about property rights. It is argued that it heralds a much more contextualised understanding of what it means to assert ownership of land and of how claims for the recovery of land should be resolved. It is these dimensions that are explored in this chapter
S J Bright, N Hopkins and N Macklam, 'Owning Part but Losing All: Using Human Rights to Protect Home Ownership' in N Hopkins (ed), Modern Studies in Property Law (Hart 2013) (forthcoming) [...]
“Shared ownership” is used to provide an affordable route into home ownership. Yet there is a significant problem with the shared ownership scheme; as Richardson v Midland Heart  L & TR 31 shows, in the event of the home “owner” falling into rent arrears, he or she may lose not simply his or her home, but also the equity in the property. This chapter examines whether there is some way of using existing legal principles to avoid this unjust outcome by either; first, protecting the use value of the home by relying on Convention rights under the Human Rights Act 1998 to prevent termination of the “shared ownership” lease; or, secondly, recouping the investment value of the home by using human rights law to enable the home “owner” to retain the equity even if the home is lost.
J Pila, 'Patent Eligibility and Scope Revisited in the Light of Schütz v. Werit, European Law and Copyright Jurisprudence' in R.C. Dreyfuss & J.C. Ginsburg (eds), Intellectual Property at the Edge: The Contested Contours of IP (Cambridge University Press 2013)
S Gardner, 'Persistent Rights Appraised' in N Hopkins (ed), Modern Studies in Property Law, Vol 7 (Hart Publishing 2013) (forthcoming)
B Bradford, J Jackson and M Hough, 'Police futures and legitimacy: Redefining ‘good policing’' in J Brown (ed), The Future of Policing (Routledge 2013) (forthcoming)
J. Ryberg and J Roberts (eds), Popular Punishment: The Normative Significance of Public Opinion for Penal Theory (Oxford University Press 2013)
Abstract: Commentary of the Preamble of the League of Nations Covenant in French.
KF Aas and M Bosworth, 'Preface' in KF Aas and M Bosworth (eds), The Borders of Punishment: Citizenship, Crime Control and Social Exclusion (Oxford University Press 2013) (forthcoming)
T Khaitan, 'Prelude to a Theory of Discrimination Law' in Deborah Hellman & Sophia Moreau (eds), Philosophical Foundations of Discrimination Law ( 2013) (forthcoming)
A Ashworth, L.H. Zedner and P.R. Tomlin (eds), Prevention and the Limits of the Criminal Law (Oxford University Press 2013) [...]
An edited volume (with editors' introduction) on the insections between the criminal law and preventive justice, presenting arguments from leading international scholars.
A Ashworth, L Zedner and P Tomlin (eds), Prevention and the Limits of the Criminal Law (Oxford University Press 2013) [...]
Edited volume of essays by leading criminal lawyers, political theorists and philosophers on criminalization for the purposes of preventing harmful wrongdoing.
M Bosworth and E Kaufman, 'Prison and National Identity: Citizenship, Punishment and the Sovereign State.' in D Scott (ed), Why Prison? (Cambridge University Press 2013) (forthcoming)
J Pila, 'Professional and Academic Employee Inventions: Looking Beyond the UK Paradigm' in M Pittard, A Monitti and J Duns (eds), Business Innovation: A Legal Balancing Act – Perspectives from Intellectual Property, Labour and Employment, Competition and Corporate Laws (Edward Elgar 2013)
D Kimel, 'Promise, Contract, Personal Autonomy, and the Freedom to Change One's Mind ' in ( 2013)
TR Tyler, J Jackson and B Bradford, 'Psychology of procedural justice and cooperation' in Gerben Bruinsma and David Weisburd (eds), Encyclopedia of criminology and criminal justice (Springer 2013) (forthcoming)
N Ghanea and Farah Ahmed, 'Religion and Human Rights: Conflicts and Connections' in Paul Hedges (ed), Controversies in Contemporary Religions, Volume 2: Public and Ethical Controversies (Praeger Publishers 2013)
Paul Weller, Kingsley Purdam, N Ghanea and Sariya Contractor, Religion or Belief, Discrimination and Equality: Britain in Global Contexts (Continuum, London and New York 2013) (forthcoming) [...]
This book will present and analyse key results of the Religion and Society programme (Arts and Humanities Research Council/Economic and Social Research Council) research project “Religion and Belief, Discrimination and Equality: Theory, Policy and Practice, 2000-2010” research project. Reflecting on a decade of change, the book will compare these results with those of a 1999-2001 Home Office commissioned research on “Religious Discrimination in England and Wales”. These findings will include data from a national questionnaire survey; the reported experiences of individuals interviewed during the project’s fieldwork; and the perspectives of those who understand themselves not be to be of any religion and who took part in project focus groups. The book will set these findings within the context of a broader consideration of the impact of legal and policy developments on religion and human rights in which, over the last decade, the category of religious discrimination has become more widely accepted, while modified by reference to belief, and also in relation to a shifting policy focus around shared values and social cohesion. The proposed book will therefore be a groundbreaking, benchmark, seminal and interdisciplinary contribution to both public and academic debate about these issues.
R George, Relocation Disputes: Law and Practice in England and New Zealand (Hart Publishing 2013) (forthcoming) [...]
Relocation cases are disputes between separated parents which arise when one parent proposes to move to a new geographic location with their child and the other parent objects to the proposal. Relocation disputes are widely recognised as being amongst the most difficult cases facing family courts, and the law governing them is increasingly a cause for debate at both national and international levels. In Relocation Disputes: Law and Practice in England and New Zealand, Rob George looks at the different ways in which the legal systems of England and New Zealand currently deal with relocation cases. Drawing on case law, literature and the views of legal practitioners in the two jurisdictions, Relocation Disputes represents a major contribution to our understanding of the everyday practice of relocation cases. The empirical data reported in this book reveal the practical differences between the English and New Zealand approaches to relocation, along with a detailed analysis of the pros and cons of each system as seen by judges, lawyers and court experts who deal with these cases in practice. This analysis leads to detailed criticisms and lessons that can be learnt, together with practical suggestions about possible reforms of relocation law.
Relocation disputes arise between separated parents when one of them proposes to move to a different geographic location with their child and the other parent objects to the plan. Whether the proposed move is within the United Kingdom or international, the consequence of either allowing or refusing a relocation application is usually of the greatest importance to the parents and children involved. Relocation: A Practical Guide offers practitioners and parents a comprehensive handbook on the law and practice which is needed to successfully handle any relocation dispute, whether it ends up in court or not. Written in an accessible style by a team of experienced specialists, Relocation: A Practical Guide explains the entire process of dealing with a relocation case. After a detailed discussion of both international and internal relocation law (including case examples and key summaries), the book moves step by step through the entire process of a case, from first discussions to final hearings and appeals. Essential relocation cases and relevant Practice Directions are also contained in the appendices, making this an indispensable guide for anyone working in this complex and fast-changing area of law and practice.
D Sarooshi, Responsibility and Remedies for the Unlawful Acts of International Organizations (D Sarooshi, Martinus Nijhoff, Hague Academy of International Law Imprint 2013) (forthcoming)
D Sarooshi, 'Responsibility, Immunities, and Remedies for the Acts of International Organizations' in D. Sarooshi (ed), Responsibility, Immunities, and Remedies for the Acts of International Organizations (Martinus Nijhoff, Hague Academy of International Law Imprint 2013) (forthcoming)
J Goudkamp, 'Rethinking Contributory Negligence' in Erika Chamberlain, Jason Neyers and Stephen Pitel (eds), Challenging Orthodoxy in Tort Law (Hart Publishing 2013)
S Douglas-Scott, 'Rethinking Justice for the EU' in Maduro, Tuori , Walker (eds), Rethinking EU law (Cambridge University Press 2013)
S Wallerstein, 'Safety Interviews, Adverse Inferences and the Relationship Between Terrorism and \'Ordinary\' Criminal Law' in Aniceto Masferrer & Crive Walker (eds), Counter-Terrorism, Human Rights and the Rule of Law: Crossing Legal Boundaries in Defence of the State (Edward Elgar Publishing 2013) (forthcoming) [...]
‘Safety’, or ‘urgent’, interview is one where the suspect is interviewed for information that might help the police protect life and prevent serious damage to property. A suspect’s right to legal advice and not to be held incommunicado could be delayed by a senior officer to enable a ‘safety interview’ to take place in order to secure public safety in situations of immediate urgency. English law permits the conduct of such interviews under strict conditions, both in investigations concerned with ‘ordinary’ criminal offences and those related to terrorism. In practice, however, it is mainly used in the context of terrorism. This paper highlights the legal arrangements and the two difficulties that are arise from possible use of the content of these interviews as evidence in a subsequent trial. The first is that the curtailment of immediate legal advice may affect the right to fair trial. The second concern deals more specifically with the possibility to draw adverse inference from silence during the interview, especially where no legal advice was given. It argues that the possibility of drawing adverse inferences from either silence or admissions made during such interviews should be rejected both as a matter of public policy, since the drawing of adverse inferences seem to be counter-productive to the aims of such interviews, and in terms of its opportunistic nature, since such interviews take advantage of the vulnerable and legally-ignorant suspect. Finally it examines the relationship between counter-terrorism and ordinary criminal law in this area and the effect that the use of such measures in the context of counter-terrorism has on other criminal investigations.
P Pichonnaz and L Gullifer, set-off in arbitration and commercial transactions (Oxford University Press 2013) (forthcoming)
L Green, 'Sex-Neutral Marriage' in J Feinberg, J Coleman, and C Kutz (eds), Philosophy of Law (Cengage Learning 2013) (forthcoming)
E J F Simpson, Sham Transactions (Miranda Stewart and Edwin Simpson, OUP 2013) (forthcoming)
M R Macnair, 'Sham: early uses and related and unrelated doctrines.' in Edwin Simpson and Miranda Stewart (eds), Sham Transactions (OUP 2013) (forthcoming) [...]
‘Sham’ is a late 17th century slang expression which passed into legal usage in the 1690s, first becoming a term of art in the contexts of ‘sham pleas’, and a bit later in that of ‘sham bidders’ at auction. Beyond these contexts it is not apparent that it had become a term of art before the 1850s, though there is some evidence of restrictive interpretation at that period and down to 1875. The related doctrines, which were very extensive and hence can be discussed only very briefly, are the late medieval doctrine of ‘colour’ in pleading, and its offshoot, the description of actions and transactions some of which might have been called ‘shams’ as ‘merely colourable’; ‘fraudulent conveyances’ of goods under Statute 3 Hen. VII c. 4 (1487), and of land under the Elizabethan statutes 13 Eliz. I c. 5 (1571) and 27 Eliz. I c. 4 (1585), ‘fraud apparent’ as an expression for avoidance schemes in revenue and regulatory contexts, and ‘fraud on the law' (fraus legis) [e.g. ‘fraud on the bankrupt laws’] . An example of an unrelated doctrine which, however, also produces the result that transactions are not what they seem to be, is the old property law dogma that a licence to occupy land (not consistent with the licensor remaining in occupation) is ipso facto a lease. This dogma was established in the late 15th century, apparently on numerus clausus grounds, and continuously accepted until the early 20th. Its entanglement with ‘sham’ in Street v Mountford and AG Securities v Vaughan appears to be the result of counsel and judges in those cases not appreciating the age or the scope of the doctrine on the basis of the very summary use in Glenwood Lumber v Phillips.
A. Ashworth and J Roberts (eds), Structured Sentencing in England and Wales: From Guidance to Guidelines (Oxford University Press 2013)
M Chen-Wishart and U Magnus, 'Termination, Price Reduction and Damages' in S Vogenaur, G Dannemann (eds), The Common European Sales Law and its Interaction with English and German Law (Oxford University Press 2013) (forthcoming)
F Pirie, The Anthropology of Law. ( Oxford University Press 2013) (forthcoming)
K Aas and M Bosworth (eds), The Borders of Punishment: Citizenship, Crime Control, and Social Exclusion (Oxford University Press 2013) (forthcoming)
G Dannemann and S Vogenauer (eds), The Common European Sales Law in Context: Interactions with English and German Law (Oxford University Press 2013) [...]
lxvii + 789 pp. European Contract Law unification projects have recently advanced from the Draft Common Frame of Reference (2009) to a European Commission proposal for an optional Common European Sales Law (2011) which is to facilitate cross-border marketing. This book investigates for the first time how CESL and DCFR rules would interact with various aspects of domestic law, represented by English and German law. Nineteen chapters, co-authored by British and German scholars, examine such interface issues for eg pre-contractual relationships, notions of contract, formation, interpretation, and remedies, extending to non-discrimination, third parties, transfers or rights, aspects of property law, and collective proceedings. They go beyond a critical analysis of CESL and DCFR rules by demonstrating where and how CESL rules would interact with neighbouring areas of English and German law before English and German courts, how domestic traditions might influence the application, which aspects might motivate sellers and buyers to choose or reject CESL, and which might serve as model for national legislators. The findings are summarized in the final two chapters.
D Leczykiewicz, 'The Constitutional Dimension of Private Law Liability Rules in the EU' in D Leczykiewicz and S Weatherill (eds), The Involvement of EU Law in Private Law Relationships (Hart Publishing Oxford 2013)
A Tzanakopoulos, 'The Countermeasure of Disobedience: Implementing the Responsibility of International Organisations' in M Ragazzi (ed), The Responsibility of International Organisations: Essays in Memory of Sir Ian Brownlie (Martinus Nijhoff Publishers 2013) [...]
This short study in memory of Sir Ian Brownlie QC discusses the countermeasure of disobedience as a means of implementation of the responsibility of international organisations. Focusing on Security Council sanctions under Chapter VII of the Charter, it argues that actions of the Security Council may be illegal and thus engage the responsibility of the UN. It then argues that disobedience of such sanctions on the part of States may qualify as a countermeasure against the Organisation. This legal characterisation of disobedience has significant advantages over the 'invalidity theory' in that it subjects decentralised reaction to a specific legal framework.
S Vogenauer, 'The DCFR and the CESL as Models for Law Reform' in G Dannemann and S Vogenauer (eds), The Common European Sales Law in Context: Interactions with English and German Law (Oxford University Press 2013) [...]
pp 732-52. This Chapter will assess the potential of the DCFR and the proposed CESL to serve as models for law reform. It will first set out the various ways in which sets of legal rules and principles in general and, more specifically, contract law regimes can play such a role (II.). Thereafter it will ascertain the suitability of the DCFR and the CESL to function as models (III.), and finally it will attempt to predict how this function might have a bearing in the particular context of English law and German law (IV.).
AV Lowe and A Tzanakopoulos, 'The Development of the Law of the Sea by the International Court of Justice' in J Sloan and CJ Tams (eds), The Development of International Law by the International Court of Justice (Oxford University Press 2013) (forthcoming) [...]
This paper surveys and evaluates the contribution of the International Court of Justice to the development of the (public international) law of the sea. It does so by comparing the Court's contribution as against other 'competing' agents of development of international law, ie other adjudicators, codifiers, regulators, and lawmakers. It concludes that the impact of the Court on the law of the sea has not been great, and is now diminishing. However, it argues that the more important contribution of the Court lies less in its influence on the development of the law, and more in its authority in consolidating it.
S Douglas-Scott, 'The European Court of Justice and the ECHR after Lisbon' in Weatherill, de Vries, Bernitz (eds), The Protection of Fundamental Rights in the EU after Lisbon (Hart Publishing 2013)
A Ohly and J Pila (eds), The Europeanisation of Intellectual Property Law: Towards a European Legal Methodology (Oxford University Press 2013)
This Chapter analyses one harmonisation project within European intellectual property law, namely, the recent development of trade mark law within the European Union (EU). It highlights several characteristics of trade mark harmonisation within the European Union. First, harmonisation of national trade mark laws in the Union has been “tight”. In this regard, for reasons that make sense in the European political and legal theatre, it is different from the international model of so-called “minimum rights” harmonisation that drove convergence of trade mark norms for the preceding century. Second, the Trade Mark Directive (with the aid of the Court of Justice and national courts) has effected almost total harmonisation of substantive trade mark law, belying the claims of limited harmonisation that are found in the recital to that Directive. Third, the Court of Justice has exhibited a tendency to limit any room for member state manoeuvre, for example, finding that even optional provisions of the Directive must be given a single European meaning. The Court has paid little attention to concerns of subsidiarity. Finally, additional pressure to find single European solutions results from the existence of a Trade Mark Regulation that creates a counterpart unitary regional right (the Community Trade Mark, or CTM) and attendant EU institutions to administer and enforce that right. This parallel EU-level regime tends to reinforce the idea that trade mark law has been wholly Europeanised, and exerts pressure on the content of Directive-driven national law because the demands of vertical coherence have trumped the potential benefits of regulatory competition between national and regional regimes. In short, there has over the past twenty years been an extensive and deep Europeanisation of trade mark law. But this in turn raises ongoing questions about how best to develop harmonised European principles, because harmonisation is a dynamic lawmaking process and not a static legislative instrument. In this Chapter, I consider how the process of harmonisation has affected the development of optimal principles of trade mark law, an analysis that is necessarily informed by substantive preferences. It is only by measuring harmonisation by reference to some form of substantive metric that a full assessment of the harmonisation process can be made. I suggest that it important to recognise the important role of national courts in the development of EU trade mark law (in part because of the nature of the field of law), and that paying attention to national legal traditions would assist the Court of Justice in improving the quality of European trade mark law.
A Braun, 'The Framing of a European Law of Trusts' in L. Smith (ed), The Worlds of the Trust (CUP, Cambridge 2013) (forthcoming)
TAO Endicott, 'The Generality of Law' in Luís Duarte Almeida, Andrea Dolcetti, James Edwards (eds), Reading The Concept of Law (Oxford University Press 2013) (forthcoming) [...]
Chapter 2 of The Concept of Law is an accidental essay on the generality of law. Hart points out ways in which generality is a necessary feature of law. I point out ways in which his account can be made more complete, and I argue that law necessarily involves particularity as well as generality. Then I ask what ‘necessary’ means in all these claims. It is a popular idea that legal theorists should not try to identify necessary features of law; I argue that the popular idea is a mistake. I conclude by arguing that Hart should have been more willing to pass value judgments about law: the elucidation of the necessary features of law depends on an elucidation of the value of law.
M Hough, J Jackson and B Bradford, 'The governance of criminal justice, legitimacy and trust' in Sophie Body-Gendrot, Mike Hough, Klara Kerezsi, Rene Levy and Sonja Snacken (eds), The Routledge handbook of European criminology (Routledge 2013) (forthcoming)
A L Young, 'The Human Rights Act 1998, Horizontality and the Constitutionalisation of Private Law' in Katja Ziegler and Peter Huber (eds), Current Problems in the Protection of Human Rights (Hart Publishing 2013)
M Paparinskis, The International Minimum Standard and Fair and Equitable Treatment (Oxford University Press 2013)
D Leczykiewicz and Stephen Weatherill (eds), The Involvement of EU Law in Private Law Relationships (Hart Publishing Oxford 2013)
M Bridge, L Gullifer, S Worthington and G McMeel, The Law of Personal Property (Sweet & Maxwell 2013) (forthcoming)
F Pirie, The limits of the state: coercion and consent in Chinese Tibet (Journal of Asian Studies 2013) (forthcoming) [...]
Although China’s Tibetans profoundly mistrust the ideologies of the party-state, associating them with illegitimate practices of domination, protest and revolt are rare and effectively suppressed. This might be seen as quasi-colonial domination, the state securing subjection through the performance of paramount power, demonstrated by its suppression of the 2008 protests; or, it could be attributed to a form of indirect rule, by which local officials engage with local leaders to generate hegemonic consent. While both dynamics are present on the Tibetan plateau, ethnographic fieldwork among the Tibetan populations of Qinghai and Gansu provinces reveals that consent is primarily generated by local officials who negotiate a form of local order with religious and tribal leaders. Ignoring the ideological demands of their superiors, they engage constructively with the expectations of the Tibetans about how order should be maintained and, in doing so, subvert the state’s ideal of uniform and unitary sovereignty.
S J Bright and L Whitehouse, 'The Opportunities and Challenges of Empirical Work: Housing Possession in Theory and in Practice' in Bram Akkermans, Eveline Ramaekers and Ernst Marais (eds), Property Law Perspective II (Antwerp: Intersentia 2013) (forthcoming) [...]
This paper explains how empirical enquiry of the kind unburdened by the pursuit of a particular hypothesis or strict adherence to scientific methods, has much to offer in terms of developing our understanding of law and, in particular, the traditionally doctrinal field of property law, providing insights into the operation of law that cannot be learned from books alone. The argument is discussed in the context of an ongoing research project by the authors that investigates whether ‘non-financial’ considerations are taken into account during the process of housing possession, looking at both owner-occupied and rented housing. The project is a broad enquiry exploring the extent to which issues other than property rights and the ability to pay are considered when it comes to losing a home, that is, matters such as the welfare of children, health problems, community networks, attachment and so on. The study is not confined to the ultimate decision making stage, when the judge decides whether or not to order possession, but looks also at how non-financial factors inform decisions made earlier on, such as whether a mortgagee thinks that the time has come to issue possession proceedings. Although the study is of possession proceedings in England, and is based around the English legal system, the purpose of this paper is not to report on the research findings but to make a point of broader significance in relation to the role of empirical research within legal scholarship.
I Loader and A Dockley (eds), The Penal Landscape: The Howard League Guide to Criminal Justice in England and Wales (London: Routledge 2013)
D J Galligan, 'The People, the Constitution, and the Idea of Representation' in D. J. Galligan and E. Versteeg (eds), The Social and Political Foundations of Constitutions (Cambridge University Press 2013)
A Tzanakopoulos, 'The Permanent Court of International Justice and the “International Community”' in M Fitzmaurice, CJ Tams (eds), Legacies of the Permanent Court of International Justice (Martinus Nijhoff Publishers 2013) [...]
The purpose of this brief study is to gauge what the Permanent Court of Internation-al Justice might have had to say about the nebulous concept of the ‘international community’, as the Court administering the law of that community, but also developing it, thereby contributing to the stabilization and further integration of that community. This is done by ‘reverse-engineering’ the jurisprudence of the PCIJ, seeking to canvass how the Court understood the concept of the 'international community' and how it would have wanted it to evolve. The study surveys the Court’s case law for what are commonly accepted as the ‘hallmarks’ of an (international) community, or at least those commonly associated with the idea: the make-up of the community; the concept of obligations and action in the ‘general’ interest; and the existence of institutions providing protection of the community interest.
J J W Herring, 'The Power of Naming: Surnames, Children and Spouses' in M. Freeman and F. Smith (eds), Law and Language (OUP 2013) [...]
This chapter critques the law and practices surrouding the use of surnames in marriage and for children.
G Lamond, 'The Rule of Recognition and the Foundations of a Legal System' in Andrea Dolcetti, Luís Duarte d’Almeida and James Edwards (eds), Reading HLA Hart's 'The Concept of Law' (Hart Publishing 2013) (forthcoming)
R O'Keefe, CJ Tams and A Tzanakopoulos (eds), The United Nations Convention on Jurisdictional Immunities of States and their Property: A Commentary (Oxford University Press 2013) [...]
Article-by-article commentary of the 2004 UN Convention on Jurisdictional Immunities of States and their Property.
D J Galligan and M. Versteeg, 'Theoretical Perspectives on the Social and Political Foundations of Constitutions' in D. J. Galligan and M. Versteeg (eds), The Social and Political Foundations of Constitutions (Cambridge University Press 2013) (forthcoming) [...]
The essay examines several theoretical approaches to the social and political understanding of constitutions
J Goudkamp, Tort Law Defences (Hart Publishing 2013)
The rules on assignment and transfer of rights and obligations are currently outside the scope of the proposed CESL. In contrast, the original DCFR from 2009 includes a chapter on these issues. Questions outside the scope of CESL are left to be solved by the ‘domestic’ provisions of the national law that is applicable under the relevant conflict-of-laws provisions. This paper is part of the larger CFR Context research project and explores interactions of the system of assignment of receivables under a future European contract instrument with both English and German national laws. This concerns above all other areas of law, for example the rules that apply upon the insolvency of one of the parties (in particular that of the assignor) and the rules on public policy. Key differences between the jurisdictions include, inter alia, the proprietary aspects of the assignor’s insolvency where the assignor is paid by the debtor, the priority rule for competing assignments, and the effects of a non-assignment clause. Here, the choice of the optional instrument rather than either English or German law will lead to diverging results and may therefore prejudice any of the parties involved.
This paper discusses transparency in the working method of the United Nations Security Council. It describes the institutional design of the organ and the evolution of Security Council powers, and seeks to identify whether there is an obligation for the Council to act in a transparent manner in the exercise of its powers. The paper argues that transparency is an 'ancillary' obligation incumbent on the Council, to allow for decentralised control over the exercise of its powers by Member States of the UN. Transparency having no independent normative charge, we do not how much of it is good -- this is determined by a pattern of protest and reaction between the Security Council and the Member States called upon to implement its decisions.
G Loutzenhiser, 'Trompe-l’oeil: The sham doctrine in the Canadian tax courts' in Miranda Stewart and Edwin Simpson (eds), Sham Transactions (OUP 2013) (forthcoming)
I Loader and R Sparks, 'Unfinished Business: Legitimacy, Crime Control and Democratic Politics' in A Liebling and J Tankebe (eds), Legitimacy and Criminal Justice: An International Exploration (Oxford Oxford University Press 2013)
J Vidmar, 'Unilateral Declarations of Independence in International Law' in French (ed), Statehood, Self-Determination and Minorities: Reconciling Tradition and Modernity in International Law (Cambridge University Press 2013) (forthcoming)
J Pila, 'What Patent Law for the European Union? Lessons from the Patent Jurisprudence of the CJEU / Quel Droit Des Brevets Pour L'Union Europeenne? Les Enseignements De La Jurisprudence De La CJUE' in C. Geiger (ed), What Patent Law for the European Union? (Litec 2013)
Simon Whittaker, 'Who determines what civil courts decide? Private Rights, Public policy and EU law' in D.Leczykiewicz and S. Weatherill (eds), The Involvement of EU Law in Private Relationships (Richard Hart 2013)
I Loader, 'Why do the Police Matter? Beyond the Myth of Crime Fighting' in J Brown (ed), The Future of Policing (London: Routledge 2013)
R J Smith, 'Williams and Glyn's Bank v Boland' in Gravells (ed), Landmark cases in Land Law (Hart 2013) (forthcoming)
N E Stavropoulos, 'Words and Obligations' in Andrea Dolcetti, Luis Duarte d'Almeida, James Edwards (eds), Reading the Concept of Law (Hart Publishing 2013) (forthcoming)
S Vogenauer, 'Zivilprozessuale Folgen subjektiver und objektiver Interpretationslehren: Das Reichsgericht und die Revisibilität der Auslegung von Willenserklärungen' in Festschrift (Verlag Mohr Siebeck 2013) (forthcoming)
Guenter Treitel, '' in Michael Bridge (ed), Benjamin's Sale of Goods (Sweet & Maxwell 2012)
R Williams, 'A Hybrid Public and Private Approach' in Birke Haecker, Charles Mitchell, Steven Elliott (eds), Restitution of Overpaid Taxes ( 2012) (forthcoming) [...]
Continues the argument developed in 'Unjust Enrichment and Public law' in the light of the decision of the Supreme Court in FII. Argues that in Deutsche Morgan Grenfell the House of Lords took a wrong turning on the law of unjust enrichment in a public law context, a decision which has led to unnecessary and avoidable litigation, as evidenced by FII. Suggests that such litigation could in future be avoided by reversing the Deutsche Morgan Grenfell decision and adopting the hybrid public and private approach to cases of unjust enrichment involving public bodies.
G Dinwoodie and R. C. Dreyfuss, A Neofederalist Vision of TRIPS: The Resilience of the International Intellectual Property Regime (Oxford Univ. Press 2012) [...]
The TRIPS Agreement (Agreement on Trade-Related Aspects of Intellectual Property Rights), signed on April 15, 1994, introduced intellectual property protection into the World Trade Organization's multilateral trading system, and it remains the most comprehensive international agreement on intellectual property to date. A Neofederalist Vision of TRIPS by Graeme B. Dinwoodie and Rochelle C. Dreyfuss examines its interpretation, its impact on the creative environment, and its effect on national and international lawmaking. It propounds a vision of TRIPS as creating a neofederalist regime, one that will ensure the resilience of the international intellectual property system in time of rapid change. In this vision, WTO members retain considerable flexibility to tailor intellectual property law to their national priorities and to experiment with changes necessary to meet new technological and social challenges, but agree to operate within an international framework. This framework, while less powerful than the central administration of a federal government, comprises a series of substantive and procedural commitments that promote the coordination of both the present intellectual property system as well as future international intellectual property lawmaking. Part I demonstrates the centrality of state autonomy throughout the history of international negotiations over intellectual property. Part II, which looks at the present, analyzes the decisions of the WTO in intellectual property cases. It concludes that the WTO has been inattentive to the benefits of promoting cultural diversity, the values inherent in intellectual property, the rich fabric of its law and lore, the necessary balance between producers and users of knowledge goods, and the relationship between the law and the technological environment in which it must operate. Looking to the future, Part III develops a framework for integrating the increasingly fragmented international system and proposes the recognition of an international intellectual property acquis, a set of longstanding principles that have informed, and should continue to inform intellectual property lawmaking. The acquis would include both express and latent components of the international regime, put access-regarding guarantees such as user rights on a par with proprietary interests and enshrine the fundamental importance of national autonomy in the international system.
ISBN: ISBN13: 978019530461
A S Burrows, A Restatement of the English Law of Unjust Enrichment (OUP 2012)
I Papanicolopulu, 'Acoustic Pollution of the Oceans' in G. Andreone, A. Caligiuri, G. Cataldi (eds), Droit de la mer et émergences environnementales ( 2012) (forthcoming)
A Bogg and J Herring, 'Addiction and Responsibility' in Herring, Regan, Weinberg and Withington (eds), Intoxication: Problematic Pleasures (Routledge 2012)
Alan Bogg and J J W Herring, 'Addiction and Responsibility' in J. Herring, C. Regan, D. Weinberg and P. Withington (eds), Intoxication and Society (Palgrave Macmillan 2012) [...]
Consideration of criminal responsibility for crimes committed by addicted people.
P P Craig, Administrative Law (7th ed, Sweet & Maxwell 2012)
P P Craig, 'Administrative Law in the Anglo-American Tradition' in B Guy Peters and Jon Pierre (eds), The SAGE Handbook of Public Administration (Sage Publications 2012)
I Benöhr, 'Alternative Dispute Resolution for Consumers in the EU' in C. Hodges, I. Benohr and N. Creutzfeld-Banda (eds), Consumer ADR in Europe (Hart Publishing, Oxford (Civil Justice Systems) 2012)
I Benöhr, C. Hodges and N. Creutzfeld-Banda, 'Alternative Redress Mechanisms for Consumers in Germany,' in Consumer ADR in Europe (Hart Publishing, Oxford (Civil Justice Systems) 2012)
S Gardner and E MacKenzie, An Introduction to Land Law (3rd edn, 2012)
J Rowbottom, 'An Ocean Apart: Money, Free Speech and Politics in Britain and the USA (in Spanish)' in Colección de Sentencias Extranjeras (Tribunal Electoral del Poder Judicial de la Federación 2012) (forthcoming)
J Freedman, G.Loomer and J.Vella, 'Analysing the enhanced relationship between corporate taxpayers and revenue authorities: a UK case study' in Lynne Oats (ed), Taxation. A Fieldwork Research Handbook (Routledge, Taylor & Francis Group 2012)
J Vella, J Freedman and G Loomer, 'Analyzing the enhanced relationship between corporate taxpayers and revenue authorities: a UK case study' in L Oats (ed), A fieldwork guide to taxation (Routledge 2012)
J Gardner, 'Ashworth on Principles' in Julian Roberts and Lucia Zedner (eds), Principles and Values in Criminal Law and Criminal Justice: Essays in Honour of Andrew Ashworth (Oxford University Press 2012)
J S Getzler, 'Assignment of Future Property and Preferences' in J Glister and P Ridge (eds), Fault Lines in Equity (Hart Publishing 2012) [...]
An investigation of a flashpoint in the judicial control of insolvency. I examine how the equitable law of future assignments, designed to enforce paid-for promises and uphold the interests of assignees, is in tension with another 'equitable' policy established by statute, namely the jurisdiction to prevent preferential assignments that tend to defraud creditors by blocking recourse against debtors' assets. The High Court of Australia has been particularly active in this area, issuing an important judgments from the early 20th century to the present day. This body of law demonstrates the intermingling of equity jurisprudence and statute.
P Eleftheriadis, 'Austin and the Electors' in Michael Freeman & Patricia Mindus (eds), The Legacy of John Austin's Jurisprudence (Springer 2012)
M Paparinskis, Basic Documents on International Investment Protection (Hart Publishing 2012)
I Loader and R. Sparks, 'Beyond Lamentation: Towards a Democratic Egalitarian Politics of Crime and Justice' in T. Newburn and J. Peay (eds), Policing: Politics, Culture and Control (Oxford: Hart 2012)
V Moreno Lax, 'Carrier Sanctions ' in S Peers, E Guild, D Acosta, K Groenendijk and V Moreno Lax (eds), EU Immigration and Asylum Law, 2nd Ed (Leiden/Boston: Martinus Nijhoff, 2012)
Simon Whittaker, 'Chapter 1 Introdutory; Chapter 4 Form; Chapter 8 Personal Capacity; Chapter 15 Unfair Terms in Consumer Contracts; Chapter 44 Suretyship' in H. Beale (General Editor) (ed), Chitty on Contracts (Thomson Sweet & Maxwell 2012)
Guenter Treitel, 'Chapter 18: Third Parties' in Hugh Beale (ed), Chitty on Contracts (Sweet & Maxwell 2012)
Guenter Treitel, 'Chapter 19: C.I.F. Contracts' in Michael Bridge (ed), Benjamin's Sale of Goods (Sweet & Maxwell 2012)
Guenter Treitel, 'Chapter 20: F.O.B. Contracts' in Michael Bridge (ed), Benjamin's Sale of Goods (Sweet & Maxwell 2012)
Guenter Treitel, 'Chapter 21: Other Special Terms and Provisions in Overseas Sales' in Michael Bridge (ed), Benjamin's Sale of Goods (Sweet & Maxwell 2012)
Guenter Treitel, 'Chapter 27: Specific Performance and Injunction' in Hugh Beale (ed), Chitty on Contracts (Sweet & Maxwell 2012)
Guenter Treitel, 'Chapter 2: The Agreement' in Hugh Beale (ed), Chitty on Contracts (Sweet & Maxwell 2012)
Guenter Treitel, 'Chapter 3: Consideration' in Hugh Beale (ed), Chitty on Contracts (Sweet & Maxwell 2012)
Guenter Treitel, 'Chapter 40: Gambling Contracts' in Hugh Beale (ed), Chitty on Contracts (Sweet & Maxwell 2012)
P Eleftheriadis, 'Citizenship and Obligation' in Julie Dickson and Pavlos Eleftheriadis (eds), Philosophical Foundations of European Union Law (Oxford University Press 2012)
and C Hodges, Civil Justice Systems in Europe: Implications for Choice of Forum and Choice of Contract Law (S Vogenauer and C Hodges, Hart Publishing 2012) (forthcoming)
D Akande, 'Classification of Armed Conflicts: Relevant Legal Concepts' in Wilmshurst (ed), International Law and the Classification of Conflicts (OUP 2012) [...]
International humanitarian law governs the conduct of participants in an armed conﬂict. In order to determine whether it applies to situations of violence it is necessary to assess ﬁrst of all whether the situation amounts to an ‘armed conﬂict’. However, international humanitarian law does not recognize a unitary concept of armed conﬂict but, rather, recognizes two types of armed conﬂicts: international and non-international. This chapter examines the history of the distinction between these two categories of armed conﬂict, the consequences of the distinction and whether it still has validity. The chapter then discusses legal concepts relevant to the two categories, including the differences between a non-international conﬂict and other violence, extraterritorial hostilities by one State against a non-state armed group and conﬂicts in which multinational forces are engaged. All these concepts are relevant to the understanding of the case studies which are the focus of the rest of the book.
M R Macnair, 'Coke v Fountaine (1676)' in Charles Mitchell & Paul Mitchell (eds), Landmark Cases in Equity (Hart 2012) (forthcoming) [...]
Though commonly cited in modern equity books, Lord Nottingham's decision in Coke v Fountaine was only reported by Lord Nottingham himself and was not cited until Swanston printed Lord Nottingham's report in 1827 - though other aspects of the litigation were reported and cited. This chapter examines why this was the case, working through the background to the litigation and its complex multiple character, concluding that Lord Nottingham's decision 'turned on its own facts,' and in so far as it was worth citing, was obscured by the passage in the following year of the Statute of Frauds.
When the Security Council imposes binding obligations through decisions adopted under Chapter VII of the UN Charter it may impact on internationally protected human rights and the corresponding obligations of UN member states to respect these rights. Member states are then faced with potentially conflicting obligations. This contribution surveys the respective position of Security Council measures and human rights obligations in the (emergent) normative hierarchy of international law. It defines normative conflict and discusses state practice in order to establish whether Article 103 of the UN Charter is a conflict or a hierarchy rule and whether human rights obligations are subordinate to Security Council measures.
P P Craig, 'Competence and Member State Autonomy: Causality, Consequence and Legitimacy' in H-W Micklitz and B de Witte (eds), The European Court of Justice and the Limits of Member State Autonomy (Intersentia 2012)
J Jackson, B Bradford, M Hough and KH Murray, 'Compliance with the law and policing by consent: notes on police and legal legitimacy' in Adam Crawford and Anthea Hucklesby (eds), Legitimacy and compliance in criminal justice ( 2012)
De Wet and J Vidmar, 'Conclusions' in De Wet, Vidmar (eds), Hierarchy in International Law: The Place of Human Rights (Oxford University Press 2012)
C. Hodges, I Benöhr and N. Creutzfeld-Banda, Consumer ADR in Europe (Hart Publishing, Oxford (Civil Justice Systems) 2012)
C Hodges and others, Consumer ADR in Europe (C Hodges, I Benoehr and N Creutzfeldt-Banda, Hart Publishing 2012)
C. Hodges, I Benöhr and N. Creutzfeld-Banda, 'Consumers ADR in France' in Consumer ADR in Europe (Hart Publishing, Oxford (Civil Justice Systems) 2012)
C. Hodges, N. Creutzfeld-Banda and I Benöhr, 'Consumers ADR in the UK' in Consumer ADR in Europe (Hart Publishing, Oxford (Civil Justice Systems) 2012)
M Chen-Wishart, Contract Law (4th ed, Oxford University Press 2012)
Simon Whittaker, 'Contratos abusivos, cláusulas abusivas y prácticas comerciales desleales' in S Camara Lapuente (ed), La Revision de las Normas Europeas y Nacionales de Proteccion de los Consumidores (Thomson Reuters (Legal) Ltd 2012) [...]
Abstract: This article explores the relationship between EU legal rules which control unfair terms and unfair commercial practices with particular references to the substantive unfairness of the central bargain
L Lazarus, Benjamin Goold and Caitlin Goss, 'Control without Punishment: Understanding Coercion' in Jonathan Simon and Richard Sparks (eds), Handbook of Punishment and Society (Sage Press 2012)
H Mares, 'Criminal Informations of the Attorneys General in King's Bench' in D. Ibbetson and M. Dyson (eds), Law and Legal Process ( 2012) (forthcoming)
J J W Herring, Criminal Law Statutes 2012-2013 (Routledge 2012)
J J W Herring, Criminal Law, 5th ed (Oxford University Press 2012) [...]
Text and materials on criminal law
J J W Herring, Criminal Law: Great Debates (2nd edn, Palgrave Macmillan 2012)
A Ezrachi, 'Cross Border Transfer of Wealth – Reflections on Competition Law and Developing Economies ' in Sokol and Lianos (eds), The Global Limits of Competition Law (Stanford University Press 2012) (forthcoming)
C. Hodges, N. Creutzfeld-Banda and I Benöhr, 'Cross-border ADR' in Consumer ADR in Europe (Hart Publishing, Oxford (Civil Justice Systems) 2012)
K S Ziegler and Peter M. Huber (eds), Current Problems in the Protection of Human Rights in Germany and the UK (Oxford, Hart Publishing, forthcoming 2012)
A S Burrows, 'Damages and Rights' in Rights and Private Law (Hart 2012)
A J B Sirks, 'De gevolgen van de inlijving van Nederland bij het Franse Keizerrrijk in 1810 voor handel en nijverheid' in A.M.J.V. Berkvens, J. Hallebeek, A.J.B. Sirks (eds), Het Franse Nederland: de inlijving 1810–1813. De juridische en bestuurlijke gevolgen van de ‘Réunion’ met Frankrijk (Verloren, Hilversum 2012) [...]
The incorporation of the Netherlands in 1810 into the Napoleontic Empire meant the instant introduction of French law, under abolition of previous Dutch law. This was also the case for commerce, industry and agriculture. The complete subjugation to the Continental Blockade meant that for trade economic circumstances deteriorated, notwithstanding that this was partly compensated by the increased trade in specific agricultural products. To a certain extent it was the result of a decline over a much longer period. Financial activities suffered also in the end. The French law on commerce (primarily the Code of commerce, further an array of specific statutes and decretes) did only partially prove to be the modernisation needed. Particularly the Code was, compared to previous Dutch drafts and the draft of 1809, a tragic set-back, which was not made good until the new Code of commerce of 1838. However, other specific regulations proved to inspire new legislation or were maintained.
J Goudkamp, 'Defences to Intentional Torts to the Person' in J Murphy and C Witting (eds), Street on Torts (Oxford University Press 2012)
J Goudkamp, 'Defences to Negligence' in J Murphy and C Witting (eds), Street on Torts (Oxford University Press 2012)
Lord Collins of Mapesbury and others, Dicey, Morris and Collins on The Conflict of Laws (Lord Collins of Mapesbury, 15th edn, Sweet & Maxwell 2012) [...]
The ultimate work for scholars, practitioners, and judges on private international law
I Benöhr and F. Weber, 'Dispute Resolution for Consumers in Spain,' in C. Hodges, I. Benohr and N. Creutzfeld-Banda (eds), Consumer ADR in Europe (Hart Publishing, Oxford (Civil Justice Systems) 2012)
J J W Herring, 'Divorce, Internet Hubs and Stephen Cretney' in Rebecca Probert and Chris Barton (eds), Fifty Years in Family Law (Intersentia 2012) [...]
A discussion of the proposed reforms to the procedures on divorce, in the light of the work of Stephen Cretney's approach to the issue
A Tzanakopoulos, 'Domestic Courts as the “Natural Judge” of International Law: A Change in Physiognomy' in JR Crawford, S Nouwen (eds), Select Proceedings of the European Society of International Law (Hart Publishing 2012) [...]
This paper examines whether domestic courts can be cast as the ‘natural judges’ of international law. ‘Natural judge’ is meant here in the sense of the ‘immediate,’ ‘ordinary’ judge of international law, who can only be removed through a centrally instituted judge. Given the lack of a centrally organized international judicial system, the suggestion that domestic courts are the ‘ordinary judges’ of international law has significant repercussions on the physiognomy of the international legal system. Despite the fact that in some of the decisions the reasoning of the courts is based solely on domestic law, the domestic law relied on - typically fundamental rights - is of universal radiance, as evidenced by almost universally ratified treaties and customary international law. Domestic courts are then in fact applying law based on internationally agreed standards as the immediate judges, offering effective remedies for the violation of rights influenced or shaped by, or interpreted under, international law. This trend can signify the move to a more effective application of international law, one taking place in court, even if a domestic court, rather than by a decision of the executive to invoke responsibility of another actor, or bring an international claim.
This entry discusses economic measures which aim at reducing or destroying the enemy's war-fighting capability during armed conflict ('traditional' economic warfare) as well as peacetime measures which closely resemble traditional economic warfare, such as embargoes and collective economic sanctions.
J J W Herring, 'Elder Abuse: A Human Rights Agenda for the Future' in Israel Doran and Ann Soden (eds), Beyond Elder Law (Springer 2012) [...]
An exploration of how a human rights approach might be used to combat elder abuse.
P Yowell, 'Empirical Research in Rights-Based Judicial Review of Legislation' in PM Huber and K Ziegler (eds), Current Problems in the Protection of Human Rights–Perspectives from Germany and the UK (Hart Publishing, Oxford 2012)
Das Werk behandelt - sehr praxisorientiert und zugleich wissenschaftlich fundiert - die im täglichen Rechtsverkehr mit England auftretenden Fragen. Dazu gehören z. B. die Besonderheiten des englischen Vertragsrechts, Warenkauf, Arbeitsrecht, Gesellschaftsrecht, Insolvenzrecht, Wettbewerbsrecht, internationales Zivilprozess- und Privatrecht einschließlich Schiedsverfahrensrecht u.v.m. Das Buch ist nicht nur für Geschäftsverbindungen mit England eine unerlässliche Hilfe. Da englisches (Handels-)Recht in vielen wirtschaftlich bedeutenden Ländern zur Anwendung kommt, genießt es Weltgeltung. Zudem wird im internationalen Handelsverkehr sehr häufig ein englischer Gerichtsstand oder Schiedsort und englisches Recht als "neutrales Recht" vereinbart, wenn sich die Parteien nicht auf das Recht einer der Vertragsparteien einigen können.
V Triebel and others (eds), Englisches Handels- und Wirtschaftsrecht [English Commercial and Economic Regulatory Law] (Munich, Beck Verlag 2012)
K S Ziegler, 'Englisches Wettbewerbsrecht‘ [English Competition Law]' in V Triebel, M Illmer, G Ringe, S Vogenauer and KS Ziegler (eds), Englisches Handels- und Wirtschaftsrecht [English Commercial and Economic Law] (Munich, Beck Verlag 2012)
S Vogenauer, 'Entries "Common Law", "Contract for the Benefit of Third Parties", "Interpretation of Contracts", "Judge-made Law", "Legal Scholarship", "Precedent, Rule of", "Statutory Interpretation, History of"' in J Basedow, K Hopt and R Zimmermann (eds), The Max Planck Encyclopedia of European Private Law (Oxford University Press 2012)
L Zedner, 'Erring on the side of safety: Risk assessment, expert knowledge, and the criminal court' in I Dennis & GR Sullivan (eds), Seeking Security: Pre-empting the Commission of Criminal Harms (Hart Publishing 2012)
P P Craig, EU Administrative Law (2nd, OUP 2012)
A Ezrachi, EU Competition Law, An Analytical Guide to the Leading Cases (3rd ed, Hart 2012)
A Johnston and Guy Block, EU Energy Law (Oxford University Press 2012)
S Peers, E Guild, D Acosta, K Groenendijk and V Moreno Lax (eds), EU Immigration and Asylum Law, 2nd Ed (Leiden/Boston: Martinus Nijhoff, 2012)
A C L Davies, EU Labour Law (Elgar (European Law Series) 2012) [...]
EU Labour Law is a concise, readable and thought-provoking introduction to the labour and employment law of the European Union. The book explores the subject’s major policy themes, examines the various procedures by which EU labour law is made, and analyses key topics such as worker migration, equality, working time and procedures for workers’ participation in employers’ decision-making. It sets the legal materials in their policy context and identifies the important issues which have shaped the development of EU labour law and are likely to determine its future, including the economic crisis and the debate about fundamental rights in the EU.
S R Weatherill, 'EU Sports Law: The Effect of the Lisbon Treaty' in A. Biondi, P. Eeckhout and S. Ripley (eds), EU Law After Lisbon (Oxford: OUP. 2012)
G S Goodwin-Gill, 'Europe: A place to seek, to be granted, and to enjoy asylum?' in Cristina Gortázar, María-Carolina Parra, Barbara Segaert & Christiane Timmerman (eds), European Migration and Asylum Policies: Coherence or Contradiction? (Bruylant 2012) [...]
Does the individual have a right to be granted asylum? The traditional answer has long been 'No', any right being that of the State to grant or not to grant. This chapter argues that there is indeed an obligation to grant asylum, drawing among others on elementary considerations of humanity and human rights obligations owed erga omnes. I argue further that this has legal and policy implications, in particular, for the EU, the Court of Justice, the Strasbourg Court, and States.
S J Bright and others, 'Evaluating Legal Models of Affordable Home Ownership in England' in T. Turnipseed (ed), Community, Home and Identity (Routledge 2012) (forthcoming) [...]
This chapter explores the legal modesl used to provide for low cost home ownership and: a) Explains the legal frameworks used to deliver the main LCHO products available in England; b) Explores the potential benefits of home ownership to the individual in the form of wealth creation, “mainstreaming” and security of place; c) Sets out key additional policy objectives of LCHO, in particular introducing and supporting tenure mix (sustainable communities) and sustaining the opportunity for continued use of the subsidy to provide access to LCHO for intermediate income households; and d) Evaluates the extent to which the different products available deliver both the individual benefits of home ownership and support the wider policy objectives.
B. Mitchell and J Roberts, Exploring the Mandatory Sentence for Murder (Oxford: Hart Publishing 2012)
J J W Herring, 'Family Law' in All England Law Review 2011 (Butterworths Lexis Nexis 2012)
J M Eekelaar, 'Family Law - What Family Law?' in Fifty Years in Family Law: Essays for Stephen Cretney (Intersentia 2012) [...]
A discussion of the issue of recognition of the family law of minority communities, with special reference to sharia law in England and Wales
P Eleftheriadis, 'Federalism and Jurisdiction' in Geert de Baere, Elke Cloots (eds), Federalism and EU Law (Hart Publishing 2012)
J Gardner, 'Finnis on Justice' in Robert George and John Keown (eds), Reason, Morality, and the Law: The Jurisprudence of John Finnis (Oxford University Press 2012) (forthcoming)
M Köpcke Tinturé, 'Finnis on Legal and Moral Obligation' in John Keown, Robert George (eds), Reason, Morality, and Law: The Jurisprudence of John Finnis (Oxford University Press 2012) (forthcoming)
M Bosworth and A Fili, 'Gender and Corrections' in C. Renzetti, S. Miller and S. Gover (eds), Handbook of Gender and Crime Studies (Routledge 2012)
M Bosworth and E Kaufman, 'Gender and Punishment ' in J Simon and R Sparks (eds), Handbook of Punishment and Society (Sage 2012) (forthcoming)
P Davies, Gower and Davies Principles of Modern Company Law (Paul Davies and Sarah Worthington eds, 9th edn, Sweet & Maxwell 2012)
J Morgan, Great Debates in Contract Law (Palgrave Macmillan 2012)
W.J. Zwalve and A J B Sirks, Grundzüge der europäischen Privatrechtsgeschichte. Einführung und Sachenrecht (Böhlau, Vienna 2012) [...]
Abstract: The purpose of this book on property, possession, transfer of property and security is threefold: to show the coherence between the main European legal systems, on the basis of the ius commune, to introduce into the basic concepts of civil and common law, and into the fundaments of the continental codifications.
Willem J. Zwalve und Boudewijn Sirks verfolgen mit ihrer Untersuchung drei Ziele: den Nachweis, wie groß – trotz scheinbarer Rechtsvielfalt – der Zusammenhang zwischen den unterschiedlichen westeuropäischen Rechtssystemen ist; die Gewichtung der rechtspolitischen Überlegungen, die den unterschiedlichen Kodifikationen zu Grunde liegen; und schließlich den Leser in einige Grundbegriffe des kontinentalen „civil law“ und des englischen „common law“ einzuführen und auf die gemeinsamen Traditionen mit dem kontinentaleuropäischen Rechtssystem zu verweisen.
W E Peel, Halsburys Laws of England (Vol 22 (Contract), LexisNexis 2012) [...]
A treatise on the law of contract; in particular: (i) Introduction, (ii) Form & Formalities; (iii) Formation, (iv) Consideration & Privity, (v) Contractual Terms, (vi) Illegality, (vii) Frustration, (viii) Discharge of Contractual Promises, (ix) Joint and Several Promises
De Wet and J Vidmar, Hierarchy in International Law: The Place of Human Rights (Oxford University Press 2012)
J Gardner, 'How Law Claims, What Law Claims' in Matthias Klatt (ed), Institutionalized Reason: The Jurisprudence of Robert Alexy (Oxford University Press 2012)
J J W Herring, How to Decide: What to Do When You Don't Know What to Do (Pearson 2012) [...]
A book on decision making techniques
This entry discusses 'humanitarian intervention' as an autonomous justification for the use of force in international law.
Ideas and Debates in Family Law is written for family law students, at undergraduate level and beyond, who are looking for less orthodox ideas about family law. The book's first section looks at themes in family law, addressing challenges facing the family justice system, rights and responsibilities, and the internationalisation of the law regulating families. The second section is focused on adult relationships: it suggests new ways for the law to allocate legal consequences for families, debates the consequences of the 'contractualisation' of marriage, and explores the value of 'fairness' in family finances. The third section is about children, discussing the welfare principle, parental responsibility and practical parenting. Although these issues sound common enough in a family law book, the discussions found here are far from common. Useful by itself or alongside a textbook, Ideas and Debates in Family Law offers new and thought-provoking perspectives on family law issues.
M Paparinskis, 'Inherent Powers of ICSID Tribunals: Broad and Rightly so' in Ian Laird and Todd Weiler (eds), Investment Treaty Arbitration and International Law (Juris Publishing 2012)
A Ezrachi, International Research Handbook on Competition Law (Ed, EE, forthcoming 2012)
J J W Herring, C. Regan, D. Weinberg and P. Withington, 'Intoxication and Society' in (Palgrave Macmillan 2012) [...]
Inter-disciplinary collection of essays on intoxication.
De Wet and J Vidmar, 'Introduction' in De Wet, Vidmar (eds), Hierarchy in International Law: The Place of Human Rights (Oxford University Press 2012)
L Green, 'Introduction to the Concept of Law' in The Concept of Law, 3rd Edition (Oxford University Press 2012)
J Dickson and P Eleftheriaidis, 'Introduction: The Puzzles of European Union Law' in J Dickson & P Eleftheriadis (eds), Philosophical Foundations of European Union Law (Oxford University Press 2012)
J S Getzler and Paul Brand (eds), Judges and Judging in the History of the Common Law and Civil Law (Cambridge University Press 2012) [...]
This volume of essays by leading legal historians addresses significant topics in the complex history of judges and judging, with comparisons not only between British, American and Commonwealth experience, but also with the judiciary in civil-law countries.
A Tzanakopoulos, 'Judicial Dialogue in Multi-level Governance: the Impact of the Solange Argument' in OK Fauchald, A Nollkaemper (eds), The Practice of International and National Courts and the (De-) Fragmentation of International Law (Hart Publishing 2012) [...]
States increasingly 'contract out' their governmental authority in favour of international organizations. As a result, remedies available under domestic law to individuals and legal entities may no longer be available, leaving them without redress. (Domestic) courts have devised a method to react to such diminution of their jurisdiction, which at the same time comprises a message for various addressees and engages a dialogue on multiple levels. This method is shaped by the spirit and thrust of the argument the German Constitutional Court put forward in its Solange jurisprudence, and has the potential of fostering a harmonization of domestic and international law, as well as that of establishing a rudimentary normative hierarchy at the international level.
J Jackson, B Bradford, EA Stanko and K Hohl, Just Authority? Trust in the Police in England and Wales (Routledge 2012)
J Gardner, Law as a Leap of Faith: Essays on Law in General (Oxford University Press 2012) [...]
1: Law as a Leap of Faith (first published 2000) 2: Legal Positivism: 5 1/2 Myths (2001) 3: Some Types of Law (2007) 4: Can There be a Written Constitution? (2011) 5: How Law Claims, What Law Claims (2012) 6: Nearly Natural Law (2007) 7: The Legality of Law (2004) 8: On the Supposed Formality of the Rule of Law (previously unpublished) 9: Hart on Legality, Justice, and Morality (2011) 10. The Virtue of Justice and the Character of Law (2000) 11: Law in General (previously unpublished) The eligible chapters for REF2014 are 4, 5, 8, 9, 11.
Simon Whittaker, 'Le rayonnement de René David' in Association Henri Capitant des amis de la culture juridique française (ed), Hommage René David (Dalloz 2012)
N Lacey and L H Zedner, 'Legal Constructions of Crime' in M Maguire, R Morgan, and R Reiner (eds), The Oxford Handbook of Criminology (5th edn) (Oxford University Press 2012)
F Pirie, Legal dramas on the Amdo grasslands: abolition, transformation or survival? (K. Buffetrille, Brill 2012) [...]
Despite half a century of Chinese governmental control Tibetan pastoralists on the grasslands of Amdo continue to engage in practices of feuding and mediation. This chapter describes the legal drama of the mediation process, comparing modern events with historic accounts and tracing the evidence of continuity and transformation. It describes an elaborate ceremony held to mark the settlement of a long-running feud, which appears to be a modern adaptation, by government officials, of traditional Tibetan practices. It transpires, however, on closer scrutiny, that this is an entirely new form of state-sponsored legal ritual. At the same time practices of mediation continue to be conducted according to the central principles of the historic processes. These occur unobtrusively, paradoxically often being discreetly supported by local government administrators, who are compelled to subvert official state policy on law and order in the interests of resolving local conflict.
TAO Endicott, 'Legal Interpretation' in Andrei Marmor (ed), The Routledge Companion to Philosophy of Law (Routledge 2012) [...]
Interpretation is a creative reasoning process of finding grounds for answering a question as to the meaning of some object. Deciding what is to be done according to law sometimes takes interpretation. But no need for interpretation arises, if no question arises as to the meaning of an object. And interpretation will not help to resolve a legal problem that does not depend on a conclusion as to the meaning of some object. Legal reasoning is not generally a matter of interpretation. I argue that each of the following aspects of legal reasoning need not involve interpretation: resolving indeterminacies as to the content of the law, working out the requirements of abstract legal provisions, deciding what is just, equitable interference with legal duties or powers or rights, and understanding the law.
J Dickson, 'Legal Positivism: Contemporary Debates' in Andrei Marmor (ed), The Routledge Companion to Philosophy of Law (Routledge 2012)
A Braun and W Swadling, 'Management Devices: Trust, Treuhand, Fiducie' in S van Erp and B Akkermans (eds), Cases, Materials and Text on Property Law (Ius Commune Casebooks for the Common Law of Europe (general ed. W. van Gerven), Hart Publishing, Oxford 2012)
Simon Deakin, A Johnston and Basil Markesinis, Markesinis and Deakin’s Tort Law (Oxford University Press 2012)
S R Weatherill, 'Maximum versus Minimum Harmonization: Choosing between Unity and Diversity in the Search for the Soul of the Internal Market' in NicShuibhne and Gormley (eds), From Single Market to Economic Union: Essays in Memory of John A Usher (OUP 2012)
J J W Herring, Medical Law and Ethics, 4th ed (Oxford University Press 2012) [...]
Textbook on medical law and ethics
J J W Herring, Medical Law: Law Express (3rd edn, Pearson 2012)
J J W Herring, Medical Law: Questions and Answers (2nd edn, Routledge 2012)
I Papanicolopulu, 'Mediterranean Sea' in R Wolfrum (ed), The Max Planck Encyclopedia of Public International Law (Oxford University Press 2012)
AV Lowe and A Tzanakopoulos, 'Minquiers and Ecrehos Case' in R Wolfrum (ed), Max Planck Encyclopedia of Public International Law (Oxford University Press 2012)
J Cartwright, Misrepresentation, Mistake and Non-Disclosure, 3rd edn (Sweet & Maxwell 2012) [...]
Third edition of work originally published in 2002 (second edition 2007).
J S Getzler, 'Morice v Bishop of Durham (1805)' in C Mitchell and P Mitchell (eds), Landmark Cases in Equity (Hart Publishing 2012) [...]
Morice v Bishop of Durham (1804-5) is most definitely a leading case in the law of trusts. But it was not cited as authority for any 'beneficiary principle' or 'certainty of objects' rule in the general texts of trusts and equity until well toward the middle of the nineteenth century. Its real celebrity as a leading decision dates to the early and mid-twentieth century, as lawyers grappled with the challenge of amorphous beneficial objects in the new environments of family and corporate tax planning, corporate finance, pensions, and offshore jurisdictions. The urgent problems facing lawyers at the time of Morice were rather different, and harked back to two linked issues that had troubled the legal system since before the Reformation -- controlling the deathbed disherison of heirs, and restraining the putting of testamentary property into mortmain, that is perpetual or 'deadhand' control of property by ecclesiastical bodies or other corporations. This explains why Morice was early picked up by cases and texts on mortmain and charitable uses, and remained rather invisible in the key literatures on trusts. The beneficiary principle had to become controversial before it could be noticed properly as a foundational doctrine.
J M Finnis, 'Natural Law Theory: Its Past and Its Present' in Andrei Marmor (ed), Routledge Companion to Philosophy of Law (Routledge 2012)
J J W Herring, R Templar, L Thompson and T Fadem, Negotiating to Win: Strategies and Skills for Everyday Situations (Pearson 2012)
J Vidmar, 'Norm Conflicts and Hierarchy in International Law: Towards a Vertical International Legal System' in De Wet, Vidmar (eds), Hierarchy in International Law: The Place of Human Rights (Oxford University Press 2012)
N E Stavropoulos, 'Obligations and the Legal Point of View' in A. Marmor (ed), The Routledge Companion to Philosophy of Law (Routledge 2012) [...]
It's uncontroversial that politics shapes the law. The tough question is how exactly that works: which kinds of political action have a law-shaping effect and how they produce that effect. Consider the enactment of a statute. A. Which precise aspect of the action is relevant to the legal impact of the enactment (the change in legal rights and obligations that obtains without further such action)? B. Why - what gives some aspect of the action its legal relevance? Analogous questions also arise in connection with the explanation of some other phenomena, including making a promise, decision or request - actions or attitudes which are generally understood to result in some distinctive obligations or to have some other distinctive normative significance or impact, or at least to be capable of so doing. The relevant theoretical choices are posed particularly clearly in these domains, so I explore them in some detail in relation to promising.
L Green, 'Obscenity without Borders' in F Tanguay-Renaud and J Stribopolous (eds), Rethinking Criminal Law Theory ( 2012)
A J B Sirks, 'Observations on the Theodosian Code: Where did the compilers take their texts from and what did they do with them?' in S. Crogiez-Pétrequin, P. Jaillette (eds), Société, économie et administration dans le Code Théodosien (Septentrion, Villeneuve d’Asque 2012)
S Wallerstein, 'On the Legitimacy of Imposing Direct and Indirect Obligations to Disclose Information on Non-Suspects ' in G.R. Sullivan & I. Dennis (eds), Seeking Security: Pre-empting The Commission of Criminal Harms (Hart Publishing 2012)
J Dickson and P Eleftheriadis (eds), Philosophical Foundations of European Union Law (Oxford University Press 2012)
P Eleftheriadis and Julie Dickson (eds), Philosophical Foundations of European Union Law (Oxford University Press 2012)
L Lazarus, 'Positive Obligations and Criminal Justice: Duties to Protect or Coerce' in Julian Roberts and Lucia Zedner (eds), Principled Approaches to Criminal Law and Criminal Justice: Essays in Honour of Professor Andrew Ashworth (Oxford University Press 2012) [...]
Human rights advocates internationally, and supporters of socio-economic rights, have battled for many years to get States and courts to accept that human rights give rise to positive obligations upon States and that such obligations ought to be justiciable in principle. Much of the rhetoric deployed in this campaign has focused on the importance of protecting and respecting basic human needs and capabilities, and ensuring that individuals enjoy a basic level of subsistence in order to secure the enjoyment of all rights. In the context of criminal justice and criminal law: positive obligations are very often cast as duties on the State to protect individuals from the criminal acts of others (protective duties). Very little attention is paid however to the potential for such positive obligations to give rise to what I term ‘coercive duties’. In other words, duties upon the State to coerce individuals through the criminal law, or criminal justice mechanisms, in the name of protecting others from their criminal acts. The coercive aspect of positive obligations comes more sharply into focus when we look at the rhetoric around, and judicial enforcement of ,the right to security. But the development of coercive duties are evident in the positive aspect of other rights too. This chapter explores the ambiguity involved in the growing development of positive rights in the field of criminal law and criminal justice. It dwells briefly on the emerging right to security case law and rhetoric internationally, and goes on to examine cases within the UK and ECHR. The thesis of the chapter is that while some protective duties arising from human rights may be a positive development, the extension of coercive duties on the State to coerce others in the name of another individual’s rights is an overseen and more pernicious part of this development of human rights. The chapter will end by exploring how we reconcile coercive duties arising out of human rights with opposing negative rights protections, or even other protective duties.
L. Zedner and J Roberts (eds), Principled Approaches to Criminal Law and Criminal Justice: Essays in Honour of Andrew Ashworth. (Oxford: Oxford University Press. 2012)
L Zedner and J Roberts (eds), Principles and Values in Criminal Law and Criminal Justice: Essays in Honour of Andrew Ashworth (Oxford University Press 2012) [...]
Festschrift or collection of essays in honour of Professor Andrew Ashworth, Vinerian Chair of English Law, University of Oxford, with a substantial Introductory Essay by the Editors.
M Bosworth and S Palmer, 'Prisons' in W. DeKeseredy and M. Dragiewicz (eds), Handbook of Critical Criminology (Routledge 2012)
R J Smith, Property Law: Cases and Materials (5th edn, Pearson 2012)
J Roberts and R. Hastings, 'Public Opinion and Crime Prevention' in D. Farrington and B. Welsh (eds), Oxford Handbook of Crime Prevention. (Oxford University Press 2012)
M. Hough and J Roberts, 'Public Opinion, Crime, and Criminal Justice' in R. Morgan and M. Maguire (eds), Oxford Handbook of Criminology. (Oxford: Oxford University Press. 2012)
J Gardner, 'Punishment and Compensation: A Comment' in Russell Christopher (ed), George Fletcher's Essays on Criminal Law (Oxford University Press 2012) (forthcoming)
D J McBarnet, 'Questioning the legitimacy of compliance' in A Crawford and A Hucklesby (eds), Legitimacy and compliance in criminal justice (Willan 2012)
A Bogg and T Novitz, 'Recognition in Respect of Bargaining in the United Kingdom: Collective Autonomy and Political Neutrality in Context' in B Creighton and A Forsyth (eds), Exploring Collective Bargaining (Routledge 2012)
J Morgan, 'Reflections on reforming punitive damages in English law' in Lotte Meurkens and Emily Nordin (eds), The Power of Punitive Damages: Is Europe Missing Out? (Intersentia 2012)
R George, 'Relocation of Children in Family Law Disputes' in Rosemary Sheehan, Helen Rhoades and Nicky Stanley (eds), Vulnerable Children and the Law (Jessica Kingsley 2012)
Robert Freitag and others, 'Representation' in Stefan Vogenauer, Gerhard Dannemann (eds), European Contract Law and the 'Common Frame of Reference' (Oxford University Press 2012)
G Loutzenhiser and John Tiley, Revenue Law, 7th ed (Hart Publishing 2012)
D P Nolan and A Robertson (eds), Rights and Private Law (Hart Publishing 2012)
D P Nolan and A Robertson, 'Rights and Private Law' in D Nolan and A Robertson (eds), Rights and Private Law (Hart Publishing 2012)
Response to Jeremy Waldron's Amnesty Lecture on Hate Speech.
E Fisher, 'Risk and Governance' in David Levi-Faur (ed), Oxford Handbook of Governance (OUP 2012)
M Paparinskis, 'Sapphire Arbitration' in Rüdiger Wolfrum (ed), Max Planck Encyclopaedia of Public International Law (Oxford University Press 2012)
A. Ashworth and J Roberts, 'Sentencing. Theory, Policy, and Practice.' in R. Morgan and M. Maguire (eds), Oxford Handbook of Criminology. (Oxford: Oxford University Press. 2012)
This entry surveys the right of visit and search of foreign merchant ships on the high seas under the traditional law of war, in the context of collective security, and during peacetime.
M Paparinskis, 'Singapore Oil Stocks Case' in Rüdiger Wolfrum (ed), Max Planck Encyclopaedia of Public International Law (Oxford University Press 2012)
I Loader and R Sparks, 'Situating Criminology: On the Production and Consumption of Knowledge about Crime and Justice' in M. Maguire, R. Morgan and R. Reiner (eds), The Oxford Handbook of Criminology (5th Edn) (Oxford University Press 2012)
M Paparinskis, 'Sources of Law and Arbitral Interpretations of Pari Materia Investment Protection Rules' in Ole Kristian Fauchald and André Nollkaemper (eds), The Practice of International and National Courts and the (De-)Fragmentation of International Law (Hart Publishing 2012)
I Loader and S Percy (eds), Special Issue of Global Crime on 'Reordering Security' ( 2012)
Laura Hoyano and HHJ Johanna Cutts QC, 'Special Measures and Anonymity Orders to Facilitate Testimony by Witnesses and Defendants' in Lord Justice Hooper and Prof David Ormerod (eds), Blackstone’s Criminal Practice 2013 (OUP 2012) (forthcoming) [...]
This is a substantial rewrite of the section D4 of Blackstone’s Criminal Practice 2012, which was written as a new chapter of the book.
J Goudkamp, 'Statutes and Tort Defences' in Jenny Steele and TT Arvind (eds), Tort Law and the Legislature: Common Law, Statute and the Dynamics of Legal Change (Hart Publishing 2012)
S Vogenauer, 'Statutory Interpretation' in JM Smits (ed), Elgar Encyclopedia of Comparative Law, Second Edition (Edward Elgar 2012)
G Loutzenhiser, 'Taxation of Executive Compensation' in Jennifer Hill and Randall Thomas (eds), The Research Handbook on Executive Pay (Edward Elgar Publishing 2012)
A Braun, 'Testamentary Freedom and its Restrictions in French and Italian Law: Trends and Shifts' in R. Zimmermann (ed), Freedom of Testation/Testierfreiheit (Mohr Siebeck 2012)
AV Lowe and A Tzanakopoulos, 'The Abyei Arbitration' in The Abyei Arbitration (The Government of Sudan / The Sudan People's Liberation Movement/Army): Final Award of 2009 (Permanent Court of Arbitration 2012) [...]
An introduction to, and commentary of, the main findings of the Tribunal in the Abyei Arbitration between the Government of Sudan and the Sudan People's Liberation Movement/Army (Award of 22 July 2009), along with a brief consideration of the Award's (and the dispute's) aftermath.
D Leczykiewicz, 'The Charter of Fundamental Rights and Member States’ Derogations from Internal Market Obligations' in PM Huber (ed), The EU and National Constitutional Law (Boorberg Stuttgart 2012)
R Williams, 'The Current Law of Intoxication: Rules and Problems' in Jonathan Herring (ed), Intoxication and Society ( 2012) (forthcoming) [...]
Analyses the problematic nature of the current criminal law concerning intoxication
A Braun, 'The English Codification Debate and the Role of Jurists in the Development of Legal Doctrines' in M. Lobban and J. Moses (eds), The Impact of Ideas on Legal Development (series of Comparative Studies of the Development of Tort Law in Europe) (CUP, Cambridge 2012)
A Ashworth, 'The Exclusion of Evidence obtained by Violation of a Fundamental Right: Pragmatism before Principle in the Strasbourg Jurisprudence' in Paul Roberts and Jill Hunter (eds), Criminal Evidence and Human Rights: Reimagining Common Law Procedural Traditions (Hart Publishing 2012) (forthcoming) [...]
A principled analysis of the jurisprudence of the European Court of Human Rights on the admissbiility of evidence obtained through violation of a Convention rights.
V Moreno Lax, 'The External Dimension of the Common European Asylum System after Stockholm' in C Gortazar Rotaeche et al (ed), European Migration and Asylum Policies: Coherence or Contradiction? (Brussels: Bruylant, 2012)
D P Nolan, 'The Fatal Accidents Act 1846' in TT Arvind and J Steele (eds), Tort Law and the Legislature: Common Law, Statute and the Dynamics of Legal Change ( 2012)
S J Douglas, 'The Future of Actionable Interferences in the Chattel Torts' in J Edelman, S Degling and J Goudkamp (eds), Torts and Commercial Law (Thomson 2012) (forthcoming)
J Dickson, 'The Idea of a Legal System: Between the Real and the Ideal' in N Walker (ed), MacCormick's Scotland (Edinburgh University Press 2012)
P Yowell, 'The Justiciability of the Charter of Fundamental Rights in the Domestic Law of Member States' in PM Huber and K Ziegler (eds), The EU and National Constitutional Law (Richard Boorberg Verlag, Munich 2012)
H Beale, M Bridge, L Gullifer and E Lomnicka, The Law of Security and Title Finance (2nd edn, Oxford University Press 2012)
N Lacey and L Zedner, 'The Legal Construction of Crime' in M Maguire, R Morgan & R Reiner (eds), The Oxford Handbook of Criminology (Oxford University Press 2012)
R Ekins, The Nature of Legislative Intent (Oxford: OUP 2012)
L Green, 'The Nature of Limited Government ' in R George and J Keown (eds), Reason, Morality, and the Law: The Jurisprudence of John Finnis (Oxford Univiersity Press 2012) (forthcoming)
S Douglas-Scott, 'The problem of justice in the EU' in Dickson and Eleftheriadis (eds), The Philosophical Foundations of the EU (OUP 2012)
L Lazarus, 'The Right to Security - Securing Rights or Securitizing Rights' in Dickinson et al (ed), Examining Critical Perspectives on Human Rights (Cambridge University Press 2012) [...]
This paper examines the rise of the right to security within human rights discourse and its potential to erode human rights more generally. It argues that political discourse around the apparent conflict between security and rights since 9/11 has been complicated by an emerging notion of the 'right to security' as the meta-right (the right of rights). This claim (and the inherent ambiguity of what the right to security requires) has the potential to lead to a 'securitization' of human rights, a process that threatens to erode the traditional foundations of human rights, and human rights themselves. Operating in tandem with this 'securitization' process, the discourse of the right to security has been used to sanitize, or at least to legitimate, coercive security measures. This is a process I refer to as 'righting' security. These two processes combine in complex ways to give security an effective trump claim over other rights.
J Armour, 'The Rise of the Pre-Pack: Corporate Restructuring in the UK and Proposals for Reform' in R.P. Austin and Fady J.G. Aoun (eds), Restructuring Companies in Troubled Times: Director and Creditor Perspectives (Ross Parsons Centre Sydney Law School 2012)
J Roberts, 'The Role of the Victim at Sentencing and Corrections' in K. Reitz and J. Petersilia (eds), The Oxford Handbook of Sentencing and Corrections (New York: Oxford University Press. 2012)
G Lamond, 'The Rule of Law' in Andrei Marmor (ed), Routledge Companion to Philosophy of Law (Routledge 2012) [...]
The central argument of this paper is that the rule of law is an ideal concerned with the conditions that are necessary for the law to succeed in governing a community. The influential views of Fuller and Raz which ground the ideal in the conditions necessary for the law to exist at all (Fuller) or for the law to be capable of guiding behaviour (Raz) are discussed and criticised. Four conditions are highlighted as part of the rule of law: (1) the law is effective; (2) the state is governed by and governs through law; (3) the individual laws can be jointly and severally obeyed; and finally (4) those other legal and social arrangements whose primary rationale is to serve conditions (1)–(3). Condition (4) accounts for the significance of such arrangements as an independent legal profession. Condition (4) also helps to explain both the attraction of regarding other political ideals such as democracy and human rights as aspects of the rule of law, since their existence helps promote the other conditions, and the reasons for excluding them from the rule of law itself, since their primary rationale is not to ensure that the law succeeds in governing the community. Finally, it is argued that the rationale for the rule of law lies in the value of a law governed community. The rule of law itself, however, is not always morally valuable: not because it is purely of instrumental value, but because it is an inherently mixed-value good.
A Ezrachi, 'The Scope and Limits of 'International Competition Law'' in Ariel Ezrachi (ed), International Research Handbook on Competition Law (Edward Elgar 2012)
CJ Tams and A Tzanakopoulos (eds), The Settlement of International Disputes - Basic Documents (Hart Publishing 2012) [...]
This collection of documents brings together a large number of primary sources on the peaceful settlement of disputes in a usable and affordable format. The documents included reflect the diverse techniques of international dispute settlement, as recognised in Articles 2(3) and 33 of the UN Charter, such as negotiation, mediation, arbitration and adjudication. The book comprises the most relevant multilateral treaties establishing dispute settlement regimes, as well as examples of special agreements, compromissory clauses, optional clause declarations and relevant resolutions of international organisations. It covers both diplomatic and adjudicative methods of dispute settlement and follows a basic division between general dispute settlement mechanisms, and sectoral regimes in fields such as human rights, WTO law, investment, law of the sea, environmental law and arms control. The book is the first widely-available collection of key documents on dispute settlement. It is aimed at teachers, students and practitioners of international law and related disciplines.
C Greenhalgh, 'The social benefits and costs of trademarks and brands' in Andrew Kenyon, Megan Richardson and Ng-Loy Wee Loon (eds), New Law of Reputation and Brands in the Asia Pacific Region (Cambridge University Press 2012)
P Eleftheriadis, 'The Structure of European Union Law' in Thomas Streinz (ed), The EU and National Constitutional Law (Boorberg 2012)
A J B Sirks, 'The Supreme Court of Holland and Zeeland judging cases in the early 18th century' in P. Brand, J. Getzler (eds), Judges and Judging in the History of the Common and Civil Law: From Antiquity to Modern Times (Cambridge University Press 2012) [...]
The article sets out the structure and modus operandi of the Supreme Court of Holland and Zeeland, and next, by analysing four cases from the 18th century, the substantive law applied. This was Roman law, except when there was a statute, particular local law or customary law applicable
D Sarooshi, 'The United Nations Security Council' in J. Krieger, et al (eds), The Oxford Companion to International Relations (Oxford University Press 2012)
V Moreno Lax, 'The “Safe Third Country” Notion Revisited: An Appraisal in light of General International Rules on the Law of Treaties' in G S Goodwin-Gill (ed), 2010 Study Session, The Hague Academy of International Law (The Hague: Martinus Nijhoff, 2012) (forthcoming)
A Mullis and D P Nolan, 'Tort' in All England Law Reports Annual Review 2011 (Butterworths LexisNexis 2012)
N J McBride and R M Bagshaw, Tort Law (Fourth edition) (Pearson 2012) (forthcoming) [...]
Fourth edition of this textbook
J Dickson, 'Towards a Theory of European Union Legal Systems' in J Dickson & P Eleftheriadis (eds), Philosophical Foundations of European Union Law (Oxford University Press 2012)
WG Ringe and A Hellgardt, 'Transnational Issuer Liability after the Financial Crisis: Seeking a Coherent Choice of Law Standard' in D Fairgrieve and E Lein (eds), Extraterritoriality and Collective Redress (OUP 2012) [...]
Collective litigation against issuer fraud appears increasingly in an international context. In times of financial crises, this brings one question into the centre of attention which had not been discussed exhaustively before: In the situation of a securities liability towards investors in an international context, which is the applicable law to the liability claim? The harmonisation of private international law rules in Europe gives rise to new reflections on the problem of international issuer liability. In the United States, on the other hand, the Supreme Court has just ruled for the first time on matters relating to the international application of the US securities regulation thereby overruling the settled case-law of decades. This paper understands the role of issuer liability in a broader context as a ‘corporate governance’ device and, from this starting point, develops a new approach to the legal problem of cross-border securities class actions.
A Kavanagh, 'Unconstitutional Constitutional Amendments from Irish Free State to Irish Republic' in Eoin Carolan (ed), The Constitution of Ireland: Perspectives and Prospects (Bloomsbury Professional 2012)
M Köpcke Tinturé, 'Validez' in Jorge Fabra, Alvaro Nunez (eds), Manual de Filosofía del Derecho y Jurisprudencia (UNAM, Mexico 2012) (forthcoming)
J Roberts and E. Erez, 'Victim Participation in the Criminal Justice System.' in R. Davis, A. Lurigio and S. Herman (eds), Victims of Crime. (Fourth Edition). (Beverly Hills: Sage. 2012)
J J W Herring, 'Vulnerability, children and the law' in M Freeman (ed), Law and Childhood Studies (OUP 2012) [...]
A discussion of the role vulnerability plays in the construction of childhood in the law
C Hoyle, '\'Victims, Victimisation and Restorative Justice' in M. Maguire, R. Morgan and R. Reiner (eds), The Oxford Handbook of Criminology (Oxford University Press 2012)
D P Nolan, '\\\"A Tort Against Land\\\": Private Nuisance as a Property Tort' in D Nolan and A Robertson (eds), Rights and Private Law (Hart Publishing 2012)
N Lacey, '‘Punishment, (Neo)Liberalism and Social Democracy’, in (eds.)(Sage Publishing 2012) pp. 260-280' in Jonathan Simon and Richard Sparks (eds), The Sage Handbook of Punishment and Society (Sage Publishing 2012) [...]
In this essay, I address recent attempts to understand the relevance of broadly political forces and institutions in shaping the practice and the social meaning of punishment. I focus on an argument about the relevance of the political which has been especially influential in the punishment and society field during the last decade. This is the argument that political systems can usefully be characterised as broadly liberal or neoliberal, or as social democratic: and that the decline or attenuation of social democracy, and the concomitant rise of (neo)liberalism has been associated with an intensification of penality. I call this the ‘neoliberal penality thesis’ I set out what I take to be the key arguments for that thesis, before presenting a critical analysis of the utility of such a broad conceptualisation of political systems.
A Johnston, '‘Spillovers’ from EU Law into National Law: (Un)intended Consequences for Private Law Relationships' in Dorota Leczykiewicz and Stephen Weatherill (eds), The Involvement of EU Law in Private Law Relationships (Hart Publishing 2012)