Recent (2011–12) and Forthcoming Books
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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)
P Eleftheriadis, ''Sovereign and Subject'' in James Edwards et al. (ed), 50 Years from H.L.A. Hart's The Concept of Law ( 2012) (forthcoming)
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) 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)
G Loutzenhiser and John Tiley, Advanced Topics in Revenue Law (Hart Publishing 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 (forthcoming) 2012)
J S Getzler, 'Assignment of Future Property and Preferences' in J Glister and P Ridge (eds), Fault Lines in Equity (Hart Publishing 2012) (forthcoming)
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.
ISBN: 9781849462198
Paparinskis, Basic Documents on International Investment Protection (Hart Publishing 2012) (forthcoming)
P Eleftheriadis, Citizenship and Obligation in Julie Dickson and Pavlos Eleftheriadis (eds), Philosophical Foundations of European Union Law (Oxford University Press 2012)
G Lamond, 'Coercion' in Hugh LaFollette (ed), International Encyclopedia of Ethics (Wiley-Blackwell 2012) (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.
ISBN: 9781405186414
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)
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)
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)
V Triebel and others, Englisches Handels- und Wirtschaftsrecht (Verlag Recht und Wirtschaft 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.
ISBN: 978-3-8005-1346-8
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 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)
A Ezrachi and Gilo, European Competition Law and Policy: A Comparative Perspective (forthcoming 2012)
J Roberts and B. Mitchell, Exploring the Mandatory Sentence for Murder (Oxford: Oxford University Press 2012)
P Eleftheriadis, 'Federalism and Jurisdiction' in Geert de Baere, Elke Cloots (eds), Federalism and EU Law (Hart Publishing 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 Eleftheriadis, 'Global Duties and the Sanctity of Life' in Glenn Cohen (ed), The Globalization of Health Care (Oxford University Press 2012) (forthcoming)
R George, Ideas and Debates in Family Law (Hart Publishing 2012) (forthcoming)
Ideas and Debates in Family Law is written for the student of family law, at undergraduate level and beyond, who is looking for less orthodox ideas about family law. The book is divided into three sections. The first looks at themes in family law, addressing challenges facing the family justice system, the inter-relationship between rights and responsibilities, and the increasing 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, asks whether the 'contractualisation' marriage will open up the possibility of all the marriage 'terms' being negotiable by the parties, and explores the value of 'fairness' in family finances. The third section is about children. It starts with a defence of the welfare principle, suggesting that some criticism of the paramountcy approach may be based on a parody of the law, and then addresses the importance of keeping parental responsibility and practical parenting connected to one another. Useful as a teaching tool by itself or alongside a textbook, Ideas and Debates in Family Law offers new and thought-provoking perspectives on family law issues.
ISBN: 9781849462549
V Moreno Lax, 'In Need of a Comprehensive Approach to Access International Protection in the EU' in C Gortázar Rotaeche (ed), European Migration and Asylum Policies: Coherence or Contradiction? (Brussels: Bruylant, 2012) (forthcoming)
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) (forthcoming)
A Ezrachi, International Research Handbook on Competition Law (Ed, EE, forthcoming 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.
ISBN: 9781107018976
Paparinskis, Latvia in Chester Brown and Devashish Krishan (eds), Commentaries on Selected Model Investment Treaties (Oxford University Press 2012) (forthcoming)
S Douglas-Scott, Law After Modernity (Hart Publishing 2012)
A Braun and W Swadling, 'Management Devices: Trust, Treuhand, Fiducie' in S van Erp (ed), Cases, Materials and Text on National, Supranational and International Property Law (Ius Commune Casebooks for the Common Law of Europe (general ed. W. van Gerven), Hart Publishing, Oxford 2012) (forthcoming)
I Papanicolopulu, Mediterranean Sea in R Wolfrum (ed), The Max Planck Encyclopedia of Public International Law (Oxford University Press 2012)
J S Getzler, 'Morice v Bishop of Durham' in C Mitchell and P Mitchell (eds), Landmark Cases in Equity ( 2012) (forthcoming)
Moricev 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.
ISBN: 9781849461542
L Green, 'Obscenity without Borders' in F Tanguay-Renaud and J Stribopolous (eds), Rethinking Criminal Law Theory ( 2012)
A Higgins, Open door disclosure in civil proceedings (16, International Journal of Evidence and Proof 2012)
P Eleftheriadis and Julie Dickson (eds), Philosophical Foundations of European Union Law (Oxford University Press 2012)
S Douglas-Scott, 'Pluralism and justice in the EU' in Maduro, Tuori , Walker (eds), Rethinking EU law (Cambridge 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.
J Roberts and L. Zedner, Principled Approaches to Criminal Law and Criminal Justice: Essays in Honour of Andrew Ashworth. (Oxford: Oxford University Press. 2012)
M Bosworth and S Palmer, 'Prisons' in W. DeKeseredy and M. Dragiewicz (eds), Handbook of Critical Criminology (Routledge 2012)
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 2012)
J Roberts and R. Hastings, 'Public Opinion and Crime Prevention' in D. Farrington and B. Welsh (eds), The Oxford Handbook of Crime Prevention (New York: Oxford University Press. 2012)
J Roberts and A. Hough, 'Public Opinion, Crime, and Criminal Justice' in R. Morgan and M. Maguire (eds), Oxford Handbook of Criminology. (Oxford: Oxford University Press. 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) (forthcoming)
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)
L Lazarus, 'Rights Persuasion' in Kate Tunstall (ed), Self Evident Truths: Human Rights and the Enlightenment (Manchester University Press 2012)
Response to Jeremy Waldron's Amnesty Lecture on Hate Speech.
J Roberts and A. Ashworth, 'Sentencing. Theory, Policy, and Practice.' in R. Morgan and M. Maguire (eds), Oxford Handbook of Criminology. (Oxford: 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)
Paparinskis, Sources of Law and Arbitral Interpretations of Pari Materia Investment Protection Rules in Ole Kristian Fauchald and Andre Nollkaemper (eds), The Practice of International and National Courts and the (De-)Fragmentation of International Law (Hart Publishing 2012) (forthcoming)
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)
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) (forthcoming)
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 2012)
A Braun, 'The Framing of a European Law of Trusts' in L. Smith (ed), The Worlds of the Trust (CUP, Cambridge 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)
Paparinskis, The International Minimum Standard and Fair and Equitable Treatment (Oxford University 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)
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) (forthcoming)
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)
N J McBride and R M Bagshaw, Tort Law (Fourth edition) (Pearson 2012) (forthcoming)
Fourth edition of this textbook
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)
2011
V Moreno Lax, '(Extraterritorial) Entry Controls and (Extraterritorial) Non-Refoulement in EU Law' in M-C Foblets, P De Bruycker et al (eds), The External Dimension(s) of EU Asylum and Immigration Policy (Brussels: Bruylant, 2011)
J J W Herring, S. Gilmore and R. Probert, A journey through landmark cases of family law (S. Gilmore, J. Herring and R. Probert, Hart 2011)
J Goudkamp, 'A Taxonomy of Tort Law Defences' in S Degeling, J Edelman and J Goudkamp (eds), Torts in Commercial Law (Lawbook Co 2011)
J J W Herring, 'Age discrimination and the Law: Forging The Way Ahead' in Emma Parry and Shaun Tyson (eds), Managing an Age Diverse Workforce (Macmillan 2011)
A chapter discussing the law on age discrimination and how that might develop.
ISBN: 9780230240933
I Papanicolopulu, T Scovazzi and G Francalanci, Albania-Greece in Colson & Smith (eds), International Maritime Boundaries (Martinus Nijhoff Publishers 2011)
J Morgan, 'Amateur Operatics: The Realization of Parliamentary Protection of Civil Liberties' in Tom Campbell, KD Ewing and Adam Tomkins (eds), The Legal Protection of Human Rights: Sceptical Essays (Oxford University Press 2011)
S Gardner, An Introduction to the Law of Trusts, 3rd edition (Oxford University Press, Clarendon Law Series 2011)
K Baker, G Kelly and B Wilkinson, Assessment in Youth Justice (Bristol: The Policy Press. 2011)
A Ashworth, 'Attempts' in John Deigh, David Dolinko (eds), The Oxford Handbook of Philosophy of Criminal Law (Oxford University Press, New York 2011)
An assessment of issues in the law of criminal attempts.
ISBN: 978-0-19-531485-4
J Roberts, 'Az ítélkezési rendszer alakítása Angliában és Walesben: Tanulságok Magyarország számára? (Sentencing Reform in Hungary: Lessons from England and Wales)' in Szemle, Number 2, OKRI. (Budapest: Hungarian Institute of Criminology. 2011)
J J W Herring, M Richards, M Johnson and F Ebtehaj (eds), Birth Rites and Rights (Hart 2011)
A book examining birth from a range of disciplines and perspectives
I Loader and R Sparks, Braithwaite, Criminology and the Debate on Public Social Science in S Parmentier, I Aertson, J Maesschalck, L Paoli and L Walgrave (eds), The Sparking Discipline of Criminology: John Braithwaite and the Construction of Critical Social Science and Social Justice (Leuven University Press 2011)
C Hoyle, 'Can International Justice be Restorative Justice?: The role of reparations' in N Palmer, D. Granville adn P Clark (eds), Critical Perspectives in Transitional Justice (Intersential Press 2011)
V Moreno Lax and S Peers, 'Carrier Sanctions ' in S Peers and E Guild (eds), EU Immigration and Asylum Law, 2nd Ed. (Leiden/Boston: Martinus Nijhoff, 2011) (forthcoming)
R Williams, Cartels in the Criminal Law Landscape in Caron Beaton-Wells & Ariel Ezrachi (eds), Criminalising Cartels ( 2011)
The chapter focuses on cartel criminalisation from the criminal law perspective, charting how the process of criminaliation fits within the current landscape of criminal law, particularly in England and Wales. It examines the compromises necessary if the criminal law is to be used to regulate cartel behaviour without damage to that project or indeed to the criminal law more widely.
J Morgan, 'Causation, politics and law: The English--and Scottish--asbestos saga' in Richard Goldberg (ed), Perspectives on Causation (Hart 2011)
R M Bagshaw, 'Causing the Behaviour of Others and Other Causal Mixtures' in Richard Goldberg (ed), Perspectives on Causation (Hart Publishing 2011)
This chapter investigates the concept of ‘cause’ which ought to be used by tort lawyers when making claims such as that Derek’s wrongful behaviour ‘caused’ Trevor to act in some way, in particular in circumstances where we regard Trevor’s action as ‘voluntary’ rather than ‘coerced’. The central issue is whether a tort lawyer’s inquiry into whether Derek’s wrongful behaviour ‘caused’ Trevor to act in some way ought to be the same as an inquiry into whether Derek’s wrongful behaviour ‘caused’ the kettle to boil or the toaster to burn the toast.
N Palmer and P Clark, 'Challenging Transitional Justice' in N Palmer, P. Clark and D. Granville (eds), Critical Perspectives in Transitional Justice (Intersentia Publishing 2011) (forthcoming)
D Wyatt, 'Chapter 17 (Right of Establishment and Freedom to provide Services), Chapter 18, (The Directive on Services in the Internal Market), Chapter 19 (Mutual Recognition of Diplomas, Training and Experience, and the Co-ordination of National Qualifications), Chapter 20 (Corporate Establishment, Cross Border Acquisitions, and Golden Shares), Chapter 21 (Company Law Harmonisation) , Chapter 28 (The Legal Effects of International Agreements).' in Dashwood, Dougan, Rodger, Spaventa, and Wyatt (eds), Wyatt and Dashwood's European Union Law 6th edition (Hart Publishing, Oxford. 2011)
Six Chapters in Wyatt and Dashwood's European Union Law, 6th edition, Hart Publishing (2011), on the Right of Establishment and Freedom to provide Services, the Services Directive, Mutual Recognition and Coordination of National Qualifications, Corporate Establishment, Cross Border Acquisitions, Golden Shares, Company Law Harmonisation, and the Legal Effects of International Agreements.
ISBN: 978-1-84946-126-9
Guenter Treitel, 'Chapter 2: The Agreement, Chapter 3: Consideration, Chapter 18: Third Parties, Chapter 27: Specific Performance and Injunction, Chapter 40: Gaming, Wagering and Gambling' in Chitty on Contracts: Second Cumulative Supplement to the 30th edition (Sweet and Maxwell 2011)
D P Nolan, 'Chapters on Strict Liability and The Principle of Rylands v Fletcher' in Carolyn Sappideen and Prue Vines (eds), Fleming's The Law of Torts (Thomson Reuters (Professional) Australia 2011)
J Cartwright and EH Burn, Cheshire and Burn's Modern Law of Real Property, 18th edition (Oxford University Press 2011)
New edition of established text on Land Law
ISBN: 978-0-19-959340-8
J Roberts, 'Community Views of Sentencing: Intuitive and Principled Responses to Offending' in M. Tonry (ed), Punishment Futures. Studies in Penal Theory and Philosophy. (Oxford: Oxford University Press. 2011)
N Lacey, 'Community, Culture and Criminalisation' in Rowan Cruft, Matthew H. Kramer and Mark R. Reiff. (eds), Crime, Punishment and Responsibility: The Jurisprudence of Antony Duff (Oxford University Press 2011 2011)
This essay sets out from Duff’s Punishment, Communication and Community (2001), and poses the question of whether it is possible to pursue the goal of a criminal law which realizes the values and represents the interests of a ‘liberal community’ in a world of radical value pluralism. I shall examine this question by means of a case study: that of the cultural defence. Over the last twenty years, advocates of the cultural defence have argued that normative considerations of political morality dictate that differences in experience and world-view should modify the way in which criminal law is applied, potentially adjusting the standard applied to individuals. How convincing, I ask, is this argument? Can it be reconciled with Duff’s liberal communitarian vision of criminal justice? And, to the extent that it cannot be so reconciled, does this undermine the case for the cultural defence, or rather necessitate a revision of Duff’s argument?
A Ezrachi, 'Competition Law Enforcement and Refusal to Licence - The Changing Boundaries of Article 102 TFEU' in S Anderman, A Ezrachi (eds), Intellectual Property and Competition Law: New Frontiers ( 2011)
M Chen-Wishart, Contract and Reciprocity: The Hochelaga Annual Lectures of the Hong Kong University Law Faculty (Hochelaga 2011)
S J Whittaker, 'Contract networks, freedom of contract and the restructuring of privity of contract' in F. Cafaggi (ed), Contractual Networks, Inter-Firm Cooperation and Economic Growth (Edward Elgar Publishing, Inc. 2011)
This article considers why English lawyers have not generally been attracted by the notion of 'network contracts' to regulate complex economic relations.
ISBN: 978 1 84844 889 6
L Gullifer and Jennifer Payne, Corporate Finance Law : Principles and Policy (Hart Publishing 2011)
J Payne and Louise Gullifer, Corporate Finance Law: Principles and Policy (Hart Publishing 2011)
J Roberts (ed), Criminal Justice in Canada. A Reader (Fourth Edition) (Toronto: Thomson Nelson 2011)
A Ashworth, 'Criminal Justice, not Criminology?' in Mary Bosworth and Carolyn Hoyle (eds), What is Criminology? (Oxford University Press 2011)
An attempt to discuss the distinctions and interrelations between criminology, criminal justice and criminal law.
ISBN: 978-0-19-957182-6
J J W Herring (ed), Criminal Law Statutes 2011-2012 (Routledge 2011)
J J W Herring, Criminal Law, 7th ed (Palgrave Mcmillan 2011)
Textbook on criminal law
ISBN: 97802302875729
A Ezrachi and C Beaton-Wells (Editors), Criminalising Cartels: A critical interdisciplinary study of an international regulatory movement (Hart 2011)
This book is inspired by the international movement towards the criminalisation of cartel conduct over the last decade. Led by US enforcers, criminalisation has been supported by a growing number of regulators and governments. It derives its support from the simple yet forceful proposition that criminal sanctions, particularly jail time, are the most effective deterrent to such activity. However, criminalisation is much more complex than that basic proposition suggests. There is complexity both in terms of the various forces that are driving and shaping the movement (economic, political and social) and in the effects on the various actors involved in it (government, enforcement agencies, the business community, judiciary, legal profession and general public). Featuring contributions from authors who have been at the forefront of the debate around the world, this substantial 19-chapter volume captures the richness of the criminalisation phenomenon and considers its implications for building an effective criminal cartel regime, particularly outside of the US. It adopts a range of approaches, including general theoretical perspectives (from criminal theory, economics, political science, regulation and criminology) and case-studies of the experience with the design and enforcement of existing or contemplated criminal cartel regimes in various jurisdictions (including in Australia, Canada, EU, Germany, Ireland and the UK). The book also explores the international dimensions of criminalisation - its specific practical consequences (such as increased potential for extradition) as well as its more general implications for trends of harmonisation or convergence in competition law and enforcement.
I Loader and R Sparks, Criminology's Public Roles: A Drama in Six Acts in M Bosworth and C Hoyle (eds), What is Criminology? (Oxford University Press 2011)
N Palmer, P Clark and D. Granville (eds), Critical Perspectives in Transitional Justice (Intersentia Publishing 2011) (forthcoming)
I Papanicolopulu, T Scovazzi and G Francalanci, Cyprus-Egypt in Colson & Smith (eds), International Maritime Boundaries (Martinus Nijhoff Publishers 2011)
J Cartwright, 'Defects of Consent in Contract Law' in AS Hartkamp, MW Hesselink, EH Hondius, C Mak, CE du Perron (eds), Towards a European Civil Code, 4th edn (Kluwer Law International 2011)
Comparative discussion of defects of consent (mistake, misrepresentation, fraud, duress, etc) in English, French and German contract law and under the Draft Common Frame of Reference.
ISBN: 978-90-411-3357-1
J Goudkamp, 'Defences to Negligence' in Carolyn Sappideen and Prue Vines (eds), Fleming on the Law of Torts (Lawbook Co 2011)
S Fredman, Discrimination Law (Clarendon Series (OUP , 2nd ed) 2011)
Equality is an ideal to which we all aspire. Yet the more closely we examineit, the more its meaning shifts. This book examines the differing conceptions of equality in discrimination law, in the accessible yet challenging format of the Clarendon series. It uses a thematic approach to elucidate the major conceptual issues, while at the same time imparting a detailed understanding of the legal provisions, including the Equality Act 2010, human rights law, and EU law. Particularly illuminating is the comparative approach. By examining comparable law in the US, India, Canada, and South Africa, as well as the UK, the book exposes common problems and canvasses differing solutions.
ISBN: 978-0-19-958443-7
J J W Herring, ÈϹÊóCCÒÂÎ ÏÎËeÈÊÈ (Pretext 2011)
Russian edition of book on arguing.
ISBN: 9785989950775
J J W Herring, 'Elder Abuse and Stessing Carers' in J Bridgeman, H Keating and C Lind (eds), Regulating Family Responsibilities (Ashgate 2011)
An article examining the causes of elder abuse and in particular the extent to which the stress suffered by carers leads to abuse.
J Roberts and S. Wallace-Capretta, 'Electronic Monitoring and Community Custody in Canada. ' in R. Bas, K. Beyens, D. Kaminski and M. Nellis (eds), Electronically Monitored Punishment: Critical Perspectives (Cullompton: Willan Publishing. 2011)
I Loader, S Karstedt and H Strang (eds), Emotions, Crime and Justice (Hart 2011)
C Hoyle, 'Empowerment through Emotion: The use and abuse of victim impact evidence' in E Erez, M Kilchling, and J Wemmers (eds), Therapeutic Jurisprudence and Victim Participation in Justice: International Perspectives (Carolina Academic Press 2011)
J J W Herring, 'Ending Life' in Andrew Grubb (ed), Principles of Medical Law (OUP 2011)
Paparinskis, Equivalent Primary Rules and Differential Secondary Rules: Countermeasures in WTO and Investment Protection Law in Tomer Broude and Yuval Shany (eds), Multi-Sourced Equivalent Norms in International Law (Hart Publishing 2011)
J Roberts and M. Hough, 'Exploring Public Attitudes to Sentencing Factors in England and Wales.' in J.V. Roberts (ed), Mitigation and Aggravation at Sentencing. (Cambridge: Cambridge University Press. 2011)
J J W Herring, 'Family Law' in All England Annual Review 2010 (Butterworths Lexis Nexis 2011)
A discussion of major legal developments in family law in 2010.
J J W Herring, Family Law, 5th ed. (Longman 2011)
Textbook on family law
ISBN: 9781408255520
S R Weatherill, 'Fitting ‘abuse of rights’ into EU law governing the free movement of goods and services' in R. De La Feria and S. Vogenauer (eds), Prohibition of Abuse of Law: a New General Principle of EU Law? (Hart Publishing. 2011)
A Kavanagh, 'From Appellate Committee to Supreme Court: Independence, Activism and Transparency' in James Lee (ed), From House of Lords to Supreme Court: Judges, Jurists and the Process of Judging (Oxford, Hart Publishing 2011)
S Douglas-Scott, 'Fundamental Rights in the EU: the ambiguity of judicial review' in Campbell, Ewing Tomkins (eds), The Legal Protection of Human Rights: Sceptical essays ( 2011)
E Descheemaeker, 'Fusionner droit strict et équité : aperçus sur le droit anglais de la responsabilité civile [Merging Common Law and Equity: Perspectives on the English Law of Civil Wrongs]' in D. Baranger (ed), L'équité et ses métamorphoses ( 2011)
B Lange, 'Getting to Yes: Structuring and disciplining arguments for and against transgenic agricultural products in European Union authorisations' in Brad Jessup and Kim Rubinstein (eds), Environmental Discourses (Cambridge University Press 2011)
J Freedman and John Vella, 'HMRC’s Management of the U.K. Tax System: The Boundaries of Legitimate Discretion ' in Chris Evans, Judith Freedman, Richard Krever (eds), The Delicate Balance - Tax, Discretion and the Rule of Law (International Bureau of Fiscal Documentation 2011)
J Vella and J Freedman, 'HMRC’s Management of the U.K. Tax System: The Boundaries of Legitimate Discretion ' in J Freedman, C Evans and R Krever (eds), The Delicate Balance: Revenue Authority Discretions and the Rule of Law (IBFD 2011)
M Bosworth, 'Human Rights and Immigration Detention (Forthcoming)' in M-B Dembour and T Kelly (eds), Are Human Rights for Migrants? Critical Reflections on the Status of Irregular Migrants in Europe and the United States (Routledge 2011)
S Douglas-Scott, 'Human Rights in the European Legal Space - utopia, dystopia, monotopia or polytopia?' in Shaw, Tierney, Walker (eds), Europe's Constitutional Mosaic (Hart Publishing 2011)
N. Bala, P. Carrington and J Roberts, 'Implementing Youth Justice Reform: Effects of the Youth Criminal Justice Act ' in J. Winterdyk and R. Smandych (eds), Youth Justice in Canada (Toronto: Oxford University Press 2011)
A Ezrachi and S Anderman (Editors), Intellectual Property and Competition Law: New Frontiers (OUP 2011)
K S Ziegler, 'International Law and EU Law: Between Asymmetric Constitutionalisation and Fragmentation' in Alexander Orakhelashvili (ed), Research Handbook on the Theory of International Law (Cheltenham, Edward Elgar 2011)
S R Weatherill, 'Interpretation of Directives: the Role of the Court' in A. Hartkamp, M. Hesselink, E. Hondius, C. Mak and E. Du Perron (eds), Towards a European Civil Code (Wolters Kluwer 2011)
A L Young, David Hoffman and Gavin Phillipson, 'Introduction' in Hoffman (ed), The Impact of the UK Human Rights Act on Private Law (Cambridge University Press 2011)
Introduction to a book on the impact of the HRA on private law. The book sets out the main issues of discussion and themes running through this area of the law.
ISBN: 9781107009325
J Roberts, 'Introduction to Criminal Justice in Canada' in Criminal Justice in Canada (Fourth Edition) (Toronto: Pearson 2011)
Paparinskis, Investment Treaty Interpretation and Customary Investment Law: Preliminary Remarks in Chester Brown and Kate Miles (eds), Evolution in Investment Treaty Law and Arbitration (Cambridge University Press 2011)
E J F Simpson, 'Is there a role for a European Principle prohibiting Abuse of Law in in the field of Personal Taxation?' in Rita de la Feria and Stefan Vogenauer (eds), Prohibition of Abuse of Law (Hart Publishing, Studies of the Oxford Institute of European and Comparative Law 2011)
WG Ringe, Is Volkswagen the new Centros? Free Movement of Capital\'s Impact on Company Law in D Prentice and A Reisberg (eds), Corporate Finance Law in the UK and EU (OUP 2011)
A Braun, 'Italy: the trust interno ' in D. Hayton (ed), The International Trust (3rd edn) (Jordans, Bristol 2011)
J King, Judging Social Rights (Cambridge University Press 2011)
This book is under contract and is scheduled for publication in 2011.
J Roberts, 'Jury Reviews of Parole Eligibility for Life Prisoners' in Criminal Justice in Canada (Fourth Edition) (Toronto: Pearson. 2011)
A Ashworth and Lucia Zedner, 'Just Prevention: Preventive Rationales and the Limits of the Criminal Law' in R.A. Duff and Stuart P. Green (eds), Philosophical Foundations of Criminal Law (Oxford University Press 2011)
A critical assessment of the role of preventive rationales in, and on the boundaries of, the criminal law.
ISBN: 978-0-19-955915-2
A Ashworth and L Zedner, 'Just Prevention: preventive rationales and the limits of the criminal law' in RA Duff & S Green (eds), Philosophical Foundations of the Criminal Law (Oxford University Press 2011)
J Cartwright, 'La réception linguistique de l’avant-projet de réforme: traduire l’avant-projet en anglais' in Pierre Catala (ed), L’art de traduction: L’accueil international de l’avant-projet de réforme du droit des obligations (Editions Panthéon-Assas 2011)
Discussion of difficulties of translation of the l’avant-projet de réforme du droit des obligations into English; publication of paper originally given at colloquium at the Senate, Paris, on 1 April 2008.
ISBN: 978-2-913397-99-6
J J W Herring, S. Gilmore and R. Probert, Landmark Cases in Family Law (Hart 2011)
Collection of essays on key cases in family law
ISBN: 9781849461016
R Bird, 'Legal Information Literacy' in Richard Danner & Jules Winteron (eds), IALL International Handbook of Legal Information Management (Ashgate 2011)
S J Douglas, Liability for Wrongful Interferences with Chattels (Hart Publishing 2011)
A L Young, 'Mapping Horizontal Effect' in Hoffman (ed), The Impact of the UK Human Rights Act on Private Law (Cambridge University Press 2011)
Am examination of the different forms ways in which human rights may have horizontal effect and their relationship to the way in which human rights law may have an impact on private law.
ISBN: 9781107009325
M Bosworth and C Hoyle, 'Mapping the Borders of Criminology: Some Concluding Thoughts ' in M Bosworth and C Hoyle (eds), What is Criminology? (Oxford University Press 2011)
J Roberts, M. Feilzer and M. Hough, 'Measuring Public Attitudes to Criminal Justice' in D. Gadd, S. Karstedt and S. Messner (eds), Handbook of Criminological Research Methods (London: Sage Publications. 2011)
J J W Herring, Medical Law: Core Text (Oxford University Press 2011)
Textbook on medical law
ISBN: 9780199492531
J J W Herring, Medical Law: Questions and Answers (Routledge 2011)
A book containing suggested answers to questions about medical law
ISBN: 9780415575416
J Roberts (ed), Mitigation and Aggravation at Sentencing (Cambridge University Press 2011)
J J W Herring, 'No more having and holding: The abolition of the marital rape exemption' in S. Gilmore, J. Herring and R. Probert (eds), Landmark Cases in Family Law (Hart 2011)
An analysis of the law on marital rape
D P Nolan, 'Nuisance' in D Hoffman (ed), The Impact of the UK Human Rights Act on Private Law (CUP 2011)
L Green and B Leiter (eds), Oxford Studies in Philosophy of Law (Oxford University Press 2011)
J Roberts, 'Past and Present Crimes: The Role of Previous Convictions at Sentencing' in J. Ryberg and C. Tamburrini (eds), Recidivist Punishments: The Philosopher’s View. (New York: Taylor and Francis. 2011)
I Loader, Playing with Fire?: Democracy and the Emotions of Crime and Punishment in S Karstedt, I Loader and H Strang (eds), Emotions, Crime and Justice (Hart 2011)
A L Young, 'Precedent' in Hoffman (ed), The Impact of the UK Human Rights Act on Private Law (Cambridge University Press 2011)
The chapter explains and evaluates the different ways in which courts are bound to follow decisions of the ECtHR. It evaluates the role of section 2(1) HRA 1998, as well as analysing the extent to which courts should follow decisions of the ECtHR as opposed to a binding precedent from a concurrent or higher court.
ISBN: 9781107009325
Roy Goode, Principles of Corporate Insolvency Law (Robert Stevens ed, 4th edn, Thomson Sweet & Maxwell 2011)
After eight years this work has taken account of much case law on corporate insolvency, major changes introduced by the Enterprise Act, a new chapter on the European Insolvency Regulation and an expanded treatment of cross-border insolvency to reflect UNCITRAL Model Law. It is one-third longer than the previous edition.
ISBN: 0421 90450X
K Baker and B Wilkinson, 'Professional Risk Taking and Defensible Decisions' in H. Kemshall and B. Wilkinson (eds), Good Practice in Assessing Risk: Current Knowledge, Issues and Approaches (London: Jessica Kingsley 2011)
S Vogenauer and Rita de la Feria (eds), Prohibition of Abuse of Law: A New General Principle of EU Law? (Hart Publishing 2011)
xxv + 636 pp. The Court of Justice has been alluding to 'abuse and abusive practices' for more than thirty years, but for a long time the significance of these references has been unclear. Few lawyers examined the case law, and those who did doubted whether it had led to the development of a legal principle. Within the last few years there has been a radical change of attitude, largely due to the development by the Court of an abuse test and its application within the field of taxation. In this book, academics and practitioners from all over Europe discuss the development of the Court's approach to abuse of law across the whole spectrum of European Union law, analysing the case-law from the 1970s to the present day and exploring the consequences of the introduction of the newly designated 'principle of prohibition of abuse of law' for the development of the laws of the EU and those of the Member States.
ISBN: 978-1-84113-938-8
J Roberts, 'Punishing, More or Less: Exploring Mitigating and Aggravating Factors at Sentencing' in J.V. Roberts (ed), Mitigation and Aggravation at Sentencing (Cambridge: Cambridge University Press. 2011)
L Zedner, 'Putting Crime back on the Criminological Agenda' in M Bosworth & C Hoyle (eds), What is Criminology? (Oxford University Press 2011)
J J W Herring, Question and Answer: Family Law (Pearson 2011)
Sample questions and answers on family law
ISBN: 9781408241271
R George, 'Regulating Responsibilities in Relocation Disputes' in J Bridgeman, H Keating and C Lind (eds), Regulating Family Responsibilities (Ashgate 2011)
Paparinskis, Regulatory Expropriation and Sustainable Development in Markus W Gehring, Marie-Claire Cordonier Segger, Andrew Newcombe (eds), Sustainable Development in World Investment Law (Kluwer Law International 2011)
J Gardner, 'Relations of Responsibility' in Rowan Cruft, Matthew Kramer and Mark Reiff (eds), Crime, Punishment, and Responsibility: The Jurisprudence of Antony Duff (Oxford University Press 2011)
N Ghanea, Religion and Human Rights: An Introduction in John Witte, Jr. and M. Christian Green (eds), Religion, Equality, and Non-Discrimination (Oxford University Press 2011)
S Green, 'Rights and Wrongs: An Introduction to the Wrongful Interference Actions' in Donal Nolan and Andrew Robertson (eds), Rights and Private Law (Hart Publishing 2011)
K Baker and G Kelly, 'Risk Assessment and Young People' in H. Kemshall and B. Wilkinson (eds), Good Practice in Assessing Risk: Current Knowledge, Issues and Approaches (London: Jessica Kingsley 2011)
A J B Sirks, 'Roman Law as Emancipatory and Social Instrument in the 19th Century' in D. Visser, M. Loubser (eds), Thinking about Law. Essays for Tony Honoré ( 2011)
D Atkinson and others, 'Section D14 Assisting a Witness or Defendant' in Lord Justice Hooper and Prof David Ormerod (eds), Blackstone’s Criminal Practice 2012 (Oxford University Press 2011)
This is an entirely new chapter for Blackstone’s Criminal Practice, and explains the statutory provisions and case law governing (1) special measures for child and vulnerable witnesses, including defendants (2) best practice in questioning child and vulnerable witnesses and (3) witness anonymity orders.
B Kellezi and D Reicher, 'Social cure or social curse?: The psychological impact of extreme events during the Kosovo conflict.' in J. Jetten, C. Haslam, and S.A. Haslam (eds), The social cure: Identity, health, and well-being (New York: Psychology Press 2011)
forthcoming
WG Ringe, Sparking Regulatory Competition in European Company Law - The Impact of the Centros Line of Case-Law and its Concept of \'Abuse of Law\' in R de la Feria and S Vogenauer (eds), Prohibtion of Abuse of Law - A New General Principle of EU Law (Hart Publishing 2011)
The case-law of the European Court of Justice in the field of company law has repeatedly touched on the question of abuse, most notably in the situation where a company was set up in a Member State only to do business exclusively in another. Starting with the landmark case of Centros in 1999, the Court has repeatedly stressed that it employs a liberal approach towards abuse in this field. According to the Court, making use of the disparities of different legal standards when setting up a company is not abuse, but explicit use of the freedom of establishment. This paper analyses the Court’s approach towards abusive behaviour in company law and assesses the impact that the leading cases since 1999 have had both on business behaviour in the EU and on the national law-makers who have responded to the opening of the markets. It is shown that the Court has provoked a sizeable entrepreneurial migration from various countries towards the UK. This in turn has led to regulatory competition, in that other Member States in continental Europe have been forced to adapt their company law to make it more attractive for businesses. It is argued that at least so far, the (limited) competition between Member States has been beneficial and has reduced both registration time and costs. Questions remain as to the relevance of any comparison with the United States and the future developments for corporate re-incorporations.
J Vella, 'Sparking Regulatory Competition in European Company Law: A Response' in R De la Feria and S Vogenauer (eds), Prohibition of Abuse of Law: A New General Principle of EU Law (Hart Publishing 2011)
A Russell and S McCaffrey, 'Tapping Transboundary Waters: Implications of the Right to Water for States Sharing International Watercourses' in A Russell & M Langford (eds), The Right to Water: Theory, Practice and Prospects (CUP 2011)
G Loutzenhiser, 'Taxation of Executive Compensation' in Jennifer Hill and Randall Thomas (eds), The Research Handbook on Executive Pay (Edward Elgar Publishing 2011)
L Zedner, 'Terrorism and Counterterrorism: What is at Risk?' in L Skinns, M Scott & T Cox (eds), Risk (Cambridge University Press 2011)
A Braun, 'Testamentary Formalities in Italy' in Kenneth G C Reid, Marius J de Waal, and Reinhard Zimmermann (eds), Comparative Succession Law Volume I: Testamentary Formalities (OUP 2011)
J Freedman, The Anatomy of Tax Avoidance Counteraction: Abuse of Law in a Tax Context at Member State and European Union Level in Rita de la Feria and Stefan Vogenauer (eds), Prohibition of Abuse of Law - A New General Principle of EU Law? (Oxford University Centre for Business Taxation/Hart Publishing 2011)
J Vella, 'The Asymmetrical Treatment of Debt and Equity Under UK Tax Law' in A Reisberg and D Prentice (eds), Corporate Finance Law: UK and EU Perspectives (OUP 2011)
G S Goodwin-Gill, 'The Challenge of the Child Soldier' in Hew Strachan, Sibylle Scheipers (eds), The Changing Character of War (Oxford: Oxford University Press 2011)
Reviews legal and institutional developments relating to child soldiers since publication of the author's initial study in 1994. Considers recent prosecutions of those accused of recuiting and using children in armed conflict, and examines the situation of child soldiers who may themselves have committed war crimes.
ISBN: 978-0-19-959673-7
G S Goodwin-Gill, 'The Challenge of the Child Soldier' in Hew Strachan, Sibylle Scheipers (eds), The Changing Character of War (Oxford University Press 2011)
Considers institutional and legal developments relating to the recruitment and use of children in armed conflict over the past 15 years, and evaluates various measures taken to curb the practice and prosecute those responsible.
N. Bala, P. Carrington and J Roberts, 'The Changing Face of Youth Justice: Impact of the Youth Criminal Justice Act' in Criminal Justice in Canada (Fourth Edition) (Toronto: Pearson. 2011)
D Leczykiewicz, 'The Charter of Fundamental Rights and Member States’ Derogations from Internal Market Obligations' in PM Huber and K Ziegler (eds), The EU and National Constitutional Law ( 2011)
W E Peel, 'The Common Law Tradition: Regulation of Boilerplate Clauses in English Law' in G. Cordero-Moss (ed), Boilerplate Clauses, International Commercial Contracts and the Applicable Law (CUP 2011)
A Ashworth, The Criminal Law's Ambivalence about Outcomes (Rowan Cruft, Matthew Kramer, Mark Reiff, Oxford University Press, Oxford 2011)
Revisiting and developing a debate with Antony Duff about intentions, outcomes and the criminal law.
ISBN: 978-0-19-959281-4
J Freedman and others (eds), The Delicate Balance - Tax, Discretion and the Rule of Law (International Bureau of Fiscal Documentation 2011)
A Briggs, 'The development of principle by a final court of appeal in matters of private international (common) law' in Lee (ed), From House of Lords to Supreme Court (Hart 2011)
Analysis of what the Supreme Court might properly have contributed to the development of principle in private international law, and of why it is improbable that it will get much chance to do so.
ISBN: 9781849460811
R M Bagshaw, 'The Edges of Tort Law’s Rights' in D Nolan and A Robertson (eds), Rights and Private Law (Hart Publishing 2011)
Most proponents of a ‘rights-focused account’ of the law of torts argue that not only are there currently no general common law rights to pure economic benefits but there are also good reasons why general common law rights to purely economic benefits should not exist whilst general common law rights to property do, or good reasons why legislators or judges should not in future create or recognise general common law rights to purely economic benefits. The main purpose of this chapter is to evaluate these ‘good reasons’ using three perspectives provided by the ‘edges’ of currently recognised legal rights.
ISBN: 9781849461429
A Russell, 'The Emergence of the Human Right to Water: Interdisciplinary Intersections' in The Right to Water: Theory, Practice and Prospects (CUP 2011)
I Papanicolopulu, The European Union and the Regulation of Underwater Noise Pollution in Vidas & Schei (eds), The World Ocean in Globalization: Challenges and Responses (Brill 2011)
J Edelman, J Goudkamp and S Degeling, 'The Foundations of Torts in Commercial Law' in Torts in Commercial Law (Lawbook Co 2011)
J Pila, The Future of the Requirement for an Invention: Inherent Patentability as a Pre- and Post-Patent Determinant in G Ghidini & E Arezzo (eds), Biotechnology and Software Patent Law: A Comparative Review on New Developments (Edward Elgar 2011)
A Johnston, The Future Shape of EU Energy Law and Policy in Anthony Arnull, Catherine Barnard, Michael Dougan and Eleanor Spaventa (eds), A Constitutional Order of States? Essays in EU Law in Honour of Alan Dashwood (Hart Publishing 2011)
The twin themes of this chapter are, first, the need for careful accommodation at the EU level of the diversity of Member State interests and concerns in the energy field ... and, second, the slow but real shift in EU (and some national) energy law and policy away from reliance upon market mechanisms and towards more complex regimes ... to achieve a myriad of public interest goals.
ISBN: 978-1-849460-046-0
P Eleftheriadis, 'The Institutions' in David Vaughan QC and Aidan Robertson QC (eds), The Law of the European Union (Oxford University Press 2011)
P.J. Carrington and J Roberts, 'The Last Chance Sanction in Youth Court: Exploring the Deferred Custody and Supervision Order' in S. Anand (ed), Paradoxes of Children’s Rights: Essays in Honour of Professor Nicholas Bala. (Toronto: Irwin Law. 2011)
J J W Herring, 'The lonliness of Status: The Legal and Moral Significance of Birth' in F Ebtehaj, J Herring, M Johnson and M Richards (eds), Birth Rites and Rights (Hart 2011)
A chapter considering the moral and legal significance of birth and the status of the fetus.
N Lacey, The Prisoners' Dilemma and Political Systems: The Impact of Proportional Representation on Criminal Justice in New Zealand (42, Victoria University of Wellington Law Review 2011)
This is the text of the 2010 Shirley Smith Address delivered by Nicola Lacey on 8 December 2010, organised by the Wellington Women in Law Committee. The lecture offers an analysis of why New Zealand has attached itself to increasingly punitive criminal justice policies over the last 25 years, and considers in particular how far this has to do with the shape of New Zealand’s political system.
S J Whittaker, 'The Product Liability Directive and Rome II Article 5: 'Full Harmonisation' and the Conflict of Laws' in C. Barnard and O. Odudu (eds), Cambridge Yearbook of European Legal Studies (Richard Hart 2011)
S Vogenauer, 'The Prohibition of Abuse of Law: An Emerging Principle of EU Law' in Rita de la Feria and Stefan Vogenauer (eds), Prohibition of Abuse of Law: A New General Principle of EU Law? (Hart Publishing 2011)
pp 521-571
ISBN: 978-1-84113-938-8
A Briggs, 'The Rejection of Abuse in International Civil Procedure' in Rita de la Feria and Stefan Vogenauer (eds), Prohibition of Abuse of Law (Hart Publishing 2011)
Analysis of the principe of abuse of law as a component (or not) of private international law so far as this is governed by European Union law.
ISBN: 978184113988
N Lacey, 'The Resurgence of Character: Criminal Responsibility in the Context of Criminalisation' in Antony Duff and Stuart Green (eds), Philosophical Foundations of Criminal Law (Oxford University Press 2011)
In this paper, I further develop the diagnosis of a revival of character in contemporary criminal law. First, I offer a more differentiated conceptual framework for identifying and analysing the waxing and waning influence of character in criminal law. In doing so I set out, deliberately, from a broad definition of character as a pattern or practice of responsibility-attribution which is premised in whole or in part on an evaluation or estimation of the quality of the defendant’s (manifested or assumed) disposition as distinct from his or her conduct. Second, drawing on this broad model of character, I aim to demonstrate in greater detail the variety of ways in which contemporary criminal law is marked by a resurgence of character, paying particular attention to the ways in which this resurgence both resembles and differs from the reliance on character typical of pre-modern or 18th Century criminal justice, and realises itself with particular force within certain areas of criminalization. The broad model of character serves to illuminate family relationships between a range of ostensibly varied phenomena. In particular, by including within my purview the notions of not only bad character as constitutive of guilt but also bad character as probative of guilt, I am able to explore the ways in which, in the practical context of criminal justice, the recognition of the latter may shade into a practice closer to the former. In other words, I argue that criminal conviction, understood within prevailing conventions of communication, is coming more frequently to imply a judgment of criminal character. The upshot of this analysis is that the doctrinal arrangements of substantive criminal law, though not without importance, are in themselves rather rarely determinative of whether a character- or a capacity- approach to criminal responsibility prevails. Hence, third, I sketch an extra-doctrinal explanation of why we have seen a resurgence of interest in and reliance on ideas of character responsibility: one which finds the roots of the ideology of responsibility which shapes the criminal law in broad practices of criminalization, themselves influenced by a broader political, economic and social context. Finally, I draw some conclusions from this analysis for methodology in criminal law theory, and in particular for the appropriateness of a framework which locates its interpretation of criminal responsibility primarily within a conceptual analysis of legal doctrine in isolation from an analysis of the context of the criminal process, the rules of criminal procedure, the substantive scope of criminal law, and patterns of criminalization and punishment more generally.
L Lazarus, 'The Right to Security - Securing Rights or Securitizing Rights' in Colin Murray et al (ed), Examining Critical Perspectives on Human Rights (Cambridge University Press 2011)
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.
A Russell and A Russell (eds), The Right to Water: Theory, Practice and Prospects (CUP 2011)
J J W Herring, 'The Serious Wrong of Domestic Abuse and the Loss of Control Defence' in A Reed and M Bohlander (eds), Loss of Control and Diminished Responsibility (Ashgate 2011)
Consideration of the use of loss of control defence in cases where victim of domestic abuse kills her abuser.
ISBN: 9781409431756
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 2011)
D J Galligan, 'The Social Foundations of the People and the Constitution' in D. J. Galligan and E. Versteeg (eds), The Social and Political Foundations of Constitutions (Cambridge University Press 2011)
N Lacey, The Way We Lived Then: The Legal Profession and the Nineteenth Century Novel (33, Sydney Law Review 2011)
This paper contributes to the use of the novel as an interpretive resource in legal and social history. It focuses on an issue which appears to have been neglected amid the rich skeins of recent debate. Particularly in relation to criminal defence, from the debate in the run-up to the advent of general legal representation in the Prisoners’ Counsel Act 1836 through to James Fitzjames Stephen’s interventions in defence of lawyers in the 1850s and 1860s, the ethical standards of advocacy and of legal representation more generally were a salient preoccupation of the novel, as of contemporary public debate in newspapers and reviews. Given the significant expansion of the legal profession, and the gradual changes in its organisation, this was hardly surprising. But amid the illuminating interpretation of this mutual engagement between (the overlapping categories of) novelists, journalists, essayists and lawyers, little has been done by way of contextualising this debate within the development of the professions, and of professionalism more generally, in 19th century Britain. As I shall try to show, an understanding of the struggle to come to terms with the extraordinary — yet incomplete — rise of professionalism, both in and beyond law, can be helpful in explaining the form which literary representations of law took, and the fact that certain kinds of lawyer and of legal practice were singled out for particular literary attention and indeed opprobrium. In asking how attitudes to professionalisation affected the literary treatment of law, and what the developing treatment of legal themes in the novel can tell us about contemporary understandings of professionalism and of what justified and legitimated it, I will focus in particular on the novels of Anthony Trollope, while drawing examples and analogies from the work of other authors.
D P Nolan and A Mullis, 'Tort' in All England Law Reports Annual Review 2010 (LexisNexis Butterworths 2011)
R M Bagshaw, 'Tort Design and Human Rights Thinking' in David Hoffman (ed), The Impact of the UK Human Rights Act on Private Law (Cambridge University Press 2011)
The principal theme of this chapter is that in pursuing the goal of making English tort law compatible with Convention rights, and the related goal of developing tort law so as to allow it to assist in protecting these rights, we should not lose sight of what makes a good tort duty. Lord Bingham commended the opinion that ‘where a common law duty covers the same ground as a Convention right, it should, so far as practicable, develop in harmony with it’ (Van Colle v. Chief Constable of the Hertfordshire Police; Smith v. Chief Constable of Sussex Police [2008] UKHL 50; [2009] 1 AC 225 at [58]). But this chapter aims to unsettle any assumption that such harmony requires the development of tort duties which mirror Convention rights, even in situations where the tort duties will be owed by public bodies. It is more important for newly developed duties to be harmonious with the goals of the law of torts than for them to replicate concepts used by the Strasbourg Court.
S Degeling, J Edelman and J Goudkamp (eds), Torts in Commercial Law (Lawbook Co 2011)
W E Peel, Treitel: The Law of Contract, 13th ed. (Sweet & Maxwell 2011)
N Palmer, 'Understandings of International Law in Rwanda: A Contextual Approach' in E Kristjansdottir, A Nollkaemper and C Ryngaert (eds), Importing International Law into Post-Conflict States: The Role of Domestic Court (Intersentia Publishing 2011) (forthcoming)
TAO Endicott, Vagueness and Law in Giuseppina Ronzitti (ed), Vagueness: a Guide (Springer 2011)
DOI: 10.1007/978-94-007-0375-9
After explaining two respects in which law is reflexive, this chapter points out that vagueness in law is typically extravagant, and that extravagant vagueness is a necessary feature of legal systems. Some philosophers of law and philosophers of language claim that bivalence is a property of statements in the domains that concern them; the chapter argues that the bivalence claim should be rejected. In philosophy of law, the motivation underlying the bivalence claim is an urge to assert the principle that the law must be capable of standing against arbitrary use of political power. The chapter seeks to articulate that principle in a way that is compatible with the possibility of indeterminacy in the application of vague laws.
ISBN: 978-94-007-0374-2
M Bosworth and C Hoyle, 'What is Criminology: An Introduction' in M Bosworth and C Hoyle (eds), What is Criminology? (Oxford University Press 2011)
M Bosworth and C Hoyle (eds), What is Criminology? (Oxford University Press 2011)
D. Faulkner and R Burnett, Where Next for Criminal Justice? (The Policy Press 2011)
N Lacey, 'Why Globalisation Doesn't Spell Convergence: Models of Institutional Variation and the Comparative Political Economy of Punishment ' in Adam Crawford (ed), International and Comparative Criminal Justice and Urban Governance ( Cambridge University Press 2011)
K S Ziegler, '”Abuse of Law” in the Context of Free Movement of Workers' in Rita de la Feria and Stefan Vogenauer (eds), The Prohibition of Abuse of Law – A New General Principle of EU Law? (Oxford, Hart Publishing 2011)
