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P N Mirfield and others, '' in Hodge Malek (ed), Phipson on Evidence (Sweet & Maxwell 2009) [...]

Chapters on Character


ISBN: 1847036066

D J Galligan, ( 0)

Guenter Treitel, '' in Michael Bridge (ed), Benjamin's Sale of Goods (Sweet & Maxwell 2012)

t faculty account, ( 0)

S Vogenauer, '"... to take up the ground hitherto unoccupied in the periodical literature" - Die ersten juristischen Fachzeitschriften Englands im 19. Jahrhundert' in M Stolleis, T Simon (eds), Juristische Fachzeitschriften in Europa (Verlag Klostermann 2006) [...]

English law journals in the 19th century.


ISBN: 3465040155

S Vogenauer, '"Im Zweifel gegen den Fiskus": Aufstieg und Niedergang einer Interpretationsmaxime' in R Lieberwirth and H Lück (eds), Akten des 36. Deutschen Rechtshistorikertags zu Halle (NOMOS Verlag 2008) [...]

Historical account of the rise and fall of the maxim 'in dubio contra fiscum', employed in the interpretation of tax legislation.


A Yokaris and others (eds), Η διεθνής ευθύνη των κρατών - Στα Άρθρα της Επιτροπής Διεθνούς Δικαίου, στη διεθνή νομολογία και βιβλιογραφία (Εκδόσεις Αντ Ν Σάκκουλα 2004) [...]

Abstract: A translation of the ILC Articles on the Responsibility of States for Internationally Wrongful Acts into Greek, along with a collection of relevant case law and bibliography.

ISBN: 960-15-1218-7

A Tzanakopoulos, Ο δεσμευτικός χαρακτήρας των προσωρινών μέτρων που υποδεικνύουν τα διεθνή δικαστήρια (Εκδόσεις Αντ Ν Σάκκουλα 2006) [...]

Abstract: This book deals with the binding force of provisional measures of protection indicated by international courts and tribunals.

ISBN: 960-15-1599-2

J Cartwright, ''Authenticity' and 'Authentic Instruments': The Perspective of English Law' in L. Aynès (ed), L'authenticité (La documentation Française 2013) [...]

Comparative discussion of English law and French law provisions regarding formalities for private law transactions (contract and property) with focus on the absence from English law of notarised and other 'authentic' instruments. Part of published proceedings of Commission on Authenticité established by the Conseil supérieur du notariat, France under the direction of Professor Laurent Aynès.


ISBN: 9782110095879

D Leczykiewicz, ''Constitutional Justice' and Judicial Review of EU Legislative Acts' in G de Búrca, D Kochenov and A Williams (eds), Europe’s Justice Deficit? Beyond Good Governance (Hart Publishing Oxford 2014)

K Baker, ''Evidence based policy and practice', 'Key elements of effective practice' and 'Rehabilitation'' in B. Goldson (ed), Dictionary of Youth Justice (Cullompton: Willan 2008)

J J W Herring and Julie Wallbank, ''Introduction: Vulnerabilities, Care and Family Law'' in Julie Wallbank and Jonathan Herring (eds), Vulnerabilities, Care and Family Law (Routledge 2013)

V Moreno Lax, '(Extraterritorial) Entry Controls and (Extraterritorial) Non-Refoulement in EU Law' in M Maes, M-C Foblets and Ph De Bruycker (eds), The External Dimension(s) of EU Asylum and Immigration Policy (Brussels: Bruylant, 2011)

D Gangjee, '(Re)Locating Geographical Indications: A Response to Bronwyn Parry' in L. Bently, J. Davis and J. Ginsburg (eds), Trade Marks and Brands: An Interdisciplinary Critique (CUP, Cambridge 2008)

R Burnett, F. McNeill, S. Bachelor and J. Knox, 21st Century Social Work Reducing Reoffending: Key Practice Skills (Scottish Executive 2005)

E Descheemaeker and HJ Scott (eds), Iniuria and the Common Law (Hart Publishing 2013) [...]

The delict of iniuria is among the most sophisticated products of the Roman legal tradition. The original focus of the delict was assault, although iniuria - literally a wrong or unlawful act - indicated a very wide potential scope. Yet it quickly grew to include sexual harassment and defamation, and by the first century CE it had been re-oriented around the concept of contumelia so as to incorporate a range of new wrongs, including insult and invasion of privacy. In truth, it now comprised all attacks on personality.

It is the Roman delict of iniuria which forms the foundation of both the South African and - more controversially - Scots laws of injuries to personality. On the other hand, iniuria is a concept formally alien to English law. But as its title suggests, this book of essays is representative of a species of legal scholarship perhaps best described as 'oxymoronic comparative law', employing a concept peculiar to one legal tradition in order to interrogate another where, apparently, it does not belong. Addressing a series of doctrinal puzzles within the law of assault, defamation and breach of privacy, it considers in what respects the Roman delict of iniuria overlaps with its modern counterparts in England, Scotland and South Africa; the differences and similarities between the analytical frameworks employed in the ancient and modern law; and the degree to which the Roman proto-delict points the way to future developments in each of these three legal systems.


ISBN: 9781849465038

E Descheemaeker, 'Iniuria and the Common Law' in E Descheemaeker and HJ Scott (eds), Iniuria and the Common Law (Hart Publishing 2013) [...]

This article is the introductory chapter of Eric Descheemaeker and Helen Scott (eds), Iniuria and the Common Law (Oxford: Hart Publishing, 2013), a book which comprises the papers that were presented at a namesake seminar at All Souls College, Oxford, in 2011 by the following scholars: John Blackie, Jonathan Burchell, François du Bois, Paul du Plessis, Anton Fagan, David Ibbetson, Paul Mitchell, Kenneth Norrie and the two editors.

The book is a form of ‘oxymoronic comparative law’: that is to say, it employs a concept from one legal tradition (the Roman delict of iniuria, ie insult or contempt) to interrogate another where, on the face of it, it does not belong (the common law, including the mixed legal systems of South Africa and Scotland). Its overall theme and purpose is to consider in what respects the delict of iniuria overlaps with, fall short of or exceeds its modern counterparts in England, Scotland and South Africa; the differences and similarities between the analytical frameworks employed in the ancient and modern law; and, finally, the degree to which the Roman proto-delict points the way to future development or rationalisation in each of these three legal systems.

The introductory chapter seeks, first, to provide a concise account of the Roman law of iniuria and, second, to explore some of the conceptual issues arising from our attempt to examine iniuria from the outside perspective of the common law: these pertain, in particular, to the internal structure of the delict, the place of the actio iniuriarum within the broader context of the punitive and reipersecutory functions of the law, and the relationship of iniuria with the modern common law in the three jurisdictions under examination.


E Descheemaeker, 'Solatium and Injury to Feelings: Roman Law, English Law and Modern Tort Theory' in E Descheemaeker and HJ Scott (eds), Iniuria and the Common Law ( 2013) [...]

Injuries to feelings have been a perennially difficult issue for the law of civil wrongs. The Romanist tradition pressed into service the word ‘solatium’ (solace) to designate the box in which such injuries would commonly be placed and addressed. While the concept is not formally part of the common lawyer’s toolbox, English law has also resorted to it in a number of circumstances, typically related to wounded feelings. After having examined the use of the word in Roman law, the later civilian tradition and English law, this paper argues that the word solatium should be done away with, because it is intrinsically ambiguous and allows by its very existence the perpetuation of these ambiguities. More fundamentally, the underlying idea of injuries to feelings should be discarded as an organizational category in the law of tort. Feelings, it is argued, are not another interest in need of protection alongside property and personality rights; rather they constitutes a separate level of analysis (internal, as opposed to external), from which the entirety of the law of wrongs can be examined. When the law aligns the two levels of enquiry, it commits a category mistake which will inevitably result in inconsistency or double-counting.


Simon Whittaker, 'A 'Period of Grace' for Contractual Performance' in M. Andenas, S. Diaz Alabart, Sir Basil Markesinis, H. Micklitz and N. Pasquini (eds), Liber Amicorum Guido Alpa, Private Law Beyond the National Systems (British Institute of International and Comparative Law 2007) [...]

This article (which is an updated version of a paper published in a group of conference papers in Spain in 2002) deals with the question whether a court can give a contractual party further time to perform a contractual obligation (looking at French and English law).


ISBN: 978-1-90522210-28-8

M Chen-Wishart, 'A Bird in the Hand: Consideration and One-Sided Contract Modifications' in AS Burrows, E Peel (eds), Contract Formation and Parties (Oxford University Press 2010) [...]

If we accept that a bird in the hand is the worth two in the bush then the idea that the receipt of performance (even part performance) confers a benefit over and above the right to performance, and can be exchanged for something from the recipient, is consistent with the core idea of the consideration doctrine. All that remains is to replace the bilateral contract analysis in Williams v Roffey with a unilateral contract analysis (the promisor is only bound if the stipulated performance is actually received). This is preferable to three recently mooted alternatives to consideration as the primary test of enforceability: (i) the test of serious intention subject to contrary policies advanced in Antons Trawling v Smith; (ii) the version of promissory estoppel advanced in Collier v Wright, and (iii) leaving it all to the vitiating factors advocated in Gay Choon Ing v Loh Sze Ti Terence Peter.


ISBN: 9780199583706

A S Burrows, A Casebook on Contract (Hart 2007)

A S Burrows, A Casebook on Contract (2nd edn, Hart 2009)

A S Burrows, A Casebook on Contract (3rd edn, Hart 2011)

A Ashworth, A Change of Normative Position: Determining the Contours of Culpability in Criminal Law (11, New Criminal Law Review 2008) [...]

DOI: 10.1525/nclr.2008.II.2.232

Critical re-examination of the doctrine of 'change of normative position' in criminal law theory, comparing it with forms of constructive liability.


ISBN: 1933-4206

J C McCrudden, 'A Common Law of Human Rights? Transnational Judicial Conversations on Constitutional Rights.' in K. O'Donovan and G. Rubin (eds), Human Rights and Legal History (OUP 2000)

J Pila, 'A Constitutionalised Doctrine of Precedent and the Marleasing Principle as Bases for a European Legal Methodology' in A Ohly & J Pila (eds), The Europeanisation of Intellectual Property Law: Towards a European Legal Methodology (OUP 2013)

S R Weatherill, 'A consumer’s appreciation of the contribution of Advocate General Francis Jacobs to the shaping of the EC’s legal order' in P. Moser and K. Sawyer (eds), Making Community Law: The Legacy of Advocate General Jacobs at the European Court of Justice (Edward Elgar Publishing 2008)

S Meredith, A Death in Custody (Lightwood Books 2012)

R G Hood, F Seemungal and S Shute, A Fair Hearing? Ethnic Minorities in the Criminal Courts (Willan Publishing 2005) [...]

This book reports an empirical study which was commissioned by the Lord Chancellor’'s Department and jointly devised and directed by Roger Hood and Stephen Shute. The book was jointly written by them, with fieldwork and computing support from Florence Seemungal, research officer at the Oxford Centre for Criminology.


ISBN: 1-843920-84-0

Simon Whittaker, 'A Few Observations on the Plurality of Debtors and on their Release' in A Vaquer (ed), La Tercera Parte de Los Principios de Derecho Contractual Europeo, The Principles of European Contract Law Part III (Tirant lo blanch, Valencia 2005) [...]

analyses the provisions of the Principles of European Contract law on the plurality of debtors (joint and several liability) from the point of view of English law and French law.


J S Getzler, A History of Water Rights at Common Law (OUP 2004) [...]

Winner of Peter Birks Prize for Outstanding Legal Scholarship 2005, awarded by Society of Legal Scholars


ISBN: 0198265816

J S Getzler, A History of Water Rights at Common Law (paperback) (Oxford University Press 2006) [...]

Paperback corrected edition of my monograph of 2004; see parallel entry.


ISBN: 0-19-920760-7

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 Prassl, 'A Kingdom No Longer United?' in B Karl et al (ed), Steirisches Jahrbuch für Politik (Schnider 2012)

N Lacey, A Life of H.L.A. Hart: The Nightmare and the Noble Dream (winner of the Swiney Prize and shortlisted for the British Academy Book Prize and the James Tait Black Memorial Prize for biography) (Oxford University Press 2004)

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)

J J W Herring, Rebecca Probert and Stephen Gilmore, 'A more principles approach to parental responsibility in England and Wales?' in J. Mair and E Orucu (eds), Juxtaposing Legal Systems and the Principles of European Family Law on Parental Responsibilities. (Intersentia 2010) [...]

A discussion of the English Law on parental responsibility.


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 C L Davies and Christopher McCrudden, 'A Perspective on Trade and Labour Rights' in F Francioni (ed), Environment, Human Rights and International Trade (Hart Publishing 2001) [...]

DOI: 10.1093/jiel/3.1.43

Sets out a 'map' of the issues arising in the relationship between international economic law and international labour rights.


ISBN: 1 84113 217 9

J C McCrudden, 'A Perspective on Trade and Labour Rights.' in F. Francioni (ed), Environment, Human Rights and International Trade (Hart 2001)

S Talmon, 'A Plurality of Responsible Actors: International Responsibility for Acts of the Coalition Provisional Authority in Iraq' in Phil Shiner and Andrew Williams (eds), The Iraq War and International Law (Hart Publishing 2008) [...]

From mid-April 2003 to 28 June 2004, Iraq was under belligerent occupation by the United States of America and the United Kingdom acting ‘as occupying powers under unified command’. For most of the 15-month occupation, Iraq was governed by the occupying powers through the vehicle of the Coalition Provisional Authority (CPA). During the period when it was governing Iraq the CPA may have violated the laws of occupation, as laid down in the Hague Regulations and the Geneva Conventions, and human rights law, or may have contravened binding UN Security Council resolutions. This paper does not primarily examine whether and, if so, which rules of international law the CPA actually violated, but seeks to determine who may be held responsible for any transgression of international law by the CPA. Several States and the United Nations were involved in the occupation of Iraq. One State that clearly does not bear any responsibility for the CPA’s actions is Iraq itself. This leaves the two occupying powers, either jointly or separately, their coalition partners and the United Nations as possible subjects of attribution of the acts of the CPA. The international responsibility for the CPA’s actions in Iraq thus raises intricate questions of State responsibility and the responsibility of international organizations.


H Collins, 'A Reconception of Labour Law' in Examining the Law Syllabus: Beyond the Core (OUP 1993)

A S Burrows, A Restatement of the English Law of Unjust Enrichment (OUP 2012)

N. W. Barber, 'A Right to Privacy' in K. Ziegler (ed), Human Rights, Private Law and Privacy (Hart Publishing 2006)

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, A Very Short Introduction to Family Law (Oxford University Press 2014)

J M Finnis, 'A vote decisive for,,,a more restrictive law' in Helen Watt (ed), Cooperation, Complicity and Consent (Linacre Centre 2005) [...]

Defend and rearticulates the position elaborated in the previous chapter of the book.


ISBN: 906561108

H Collins, 'A Worker's Civil Code? Principles of European Contract Law Evolving in EU Social and Economic Policy' in The Politics of European Civil Code (Kluwer Law International 2006)

J Kaye, 'Abandoning Informed Consent - the case of population collections' in Tutton R. & Corrigan O. (eds), Genetic Databases: Socio-ethical Issues in the Collection and Use of DNA (Routledge 2004)

I Goold, 'Abandonment and Human Tissue' in Imogen Goold, Jonathan Herring, Loane Skene, and Kate Greasley (eds), Persons, Parts and Property: How Should We Regulate Human Tissue in the 21st Century? (Hart Publishing 2014)

I Goold, 'ABC v Ireland' in Jonathan Herring and Jesse Wall (eds), Landmark Cases in Medical Law (Hart Publishing 2014) (forthcoming)

R G Hood, 'Abolishing and Replacing Capital Punishment: Recent Developments’' in Hemdat Libi Israeli (ed), The Fortitudes of Creativity: In Honor of Shlomo Giora Shoham (Israel 2010)

R G Hood and C Hoyle, 'Abolishing the Death Penalty Worldwide: the Impact of a ‘New Dynamic’' in Michael Tonry (ed), Crime and Justice, vol. 38, Capital Punishment (University of Chicago Press 2009)

J Raz, 'About Morality and the Nature of Law' in K. Himma & B. Bix (eds), Law and Morality (Ashgate Publishing 0)

A S Burrows, 'Absence of Basis: the New Birksian Scheme' in Andrew Burrows and Alan Rodger (eds), Mapping the Law: Essays in Memory of Peter Birks (OUP 2006) [...]

Essay analysing the advantages and disadvantages of Birks' new approach to the unjust question in unjust enrichment.


ISBN: 0-19-920655-4

J Armour, 'Abuse of European Insolvency Law? A Discussion' in R. De La Feira and S. Vogenauer (eds), Prohibition of Abuse of Law: A New General Principle of EU Law? (Hart Publishing 2011)

J Vidmar, 'Abusive Governments as a Threat' in M Footer, J Schmidt, N White (eds), Security and International Law (Hart Publishing 2014) (forthcoming)

P P Craig, 'Access to Mechanisms of Administrative Law' in D. Feldman (ed), English Public Law (Oxford University Press 2004) [...]

Standing and Remedies in Judicial Review


ISBN: 0-19-876551-7

P P Craig, 'Access to Mechanisms of Administrative Law' in D Feldman (ed), English Public Law (Oxford University Press 2009)

J Rowbottom, 'Access to the Airwaves and Equality: The Case Against Political Advertising on the Broadcast Media' in Keith Ewing and Samuel Issacharoff (eds), Party Funding and Campaign Financing in International Perspective (Hart 2006)

P S Davies, Accessory Liability (Hart 2015) (forthcoming)

C Costello, 'Accidents of Place and Parentage: Birthright Citizenship and Border Crossings' in The Citizenship Referendum: Implications for the Constitution and Human Rights (Law School TCD, Dublin 2004)

P P Craig, 'Accountability and Judicial Review in the UK and EU: Central Precepts' in N Bamforth and P Leyland (eds), Accountability in the Contemporary Constitution ( 2013)

Sophie Boyron and A C L Davies, 'Accountability and Public Contracts' in Rozen Noguellou and Ulrich Stelkens (eds), Treatise on the Comparative Law of Public Contracts (Bruylant 2011)

A L Young, 'Accountability, Human Rights Adjudication and the Human Rights Act 1998' in N Bamforth and P Leyland (eds), Accountability in the Contemporary Constitution (Oxford University Press 2013)

A C L Davies, Accountability: a Public Law Analysis of Government by Contract (OUP 2001)

R Burnett, P McGhee and D D Clarke, Accounting for Relationships: Explanation, Representation and Knowledge (Methuen 1987)

I Papanicolopulu, 'Acoustic Pollution of the Oceans' in G. Andreone, A. Caligiuri, G. Cataldi (eds), Droit de la mer et émergences environnementales ( 2012) (forthcoming)

D Akande, 'Act of State Doctrine' in P. Cane (ed), The New Oxford Companion to Law (OUP 2008)

S R Weatherill, 'Activism and Restraint in the European Court of Justice' in P. Capps, M. Evans and S. Konstadinidis (eds), Asserting Jurisdiction: International and European Legal Perspectives (Hart Publishing 2003)

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.


C Costello, 'Administrative Governance and the Europeanisation of Asylum and Immigration Policy' in H Hofmann and A Türk (eds), EU Administrative Governance (Elgar Publishing 2006)

TAO Endicott, Administrative Law (2nd edn, OUP 2011)

P P Craig, 'Administrative Law' in L Blom-Cooper, B Dickson and G Drewry (eds), The Judicial House of Lords 1876-2009 (Oxford University Press 2009)

P P Craig, Administrative Law (6th edn, Sweet & Maxwell 2008)

P P Craig, Administrative Law (7th ed, Sweet & Maxwell 2012)

P P Craig, Administrative Law , 5th edition (Sweet & Maxwell 2003) [...]

Administrative Law Text


ISBN: 0-421-79920

P P Craig, 'Administrative Law in the Anglo-American Tradition' in G. Peters and J. Pierre (eds), Handbook of Public Administration (Sage 2003) [...]

Comparative Overview of Key Themes in Anglo-American Administrative Law


ISBN: 0-7619-7224-2

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)

E Fisher, 'Administrative Law, Pluralism and the Legal Construction of Merits Review in Australian Environmental Courts and Tribunals' in Linda Pearson, Carlow Harlow and Michael Taggart (eds), Administrative Law in a Changing State: Essays in Honour of Mark Aronson ( 2008) [...]

An analysis of the merits review powers of Australian environmental courts that illustrates that such powers vary dramatically and have at least four different aspects relating to scope of review, relevant considerations, procedure and evidence.


ISBN: 9781841137872

D J Galligan, 'Administrative Procedure Codes After Communism' in Melanges Offerts a Jaques Van den linden (Bruylant 2005)

G Loutzenhiser and John Tiley, Advanced Topics in Revenue Law (Hart Publishing 2013)

A Ezrachi and Jonathan Reynolds, 'Advertising, Brand Competition and Private Labels' in A Ezrachi & U Bernitz (eds), Own Labels, Branded goods and Competition Policy, The changing landscape of retail competition (OUP 2008)

D J McBarnet, 'After Enron, Corporate Governance, Creative compliance and the uses of Corporate Social Responsibility' in J O'Brien (ed), Governing the Corporation (John Wiley 2005)

J Armour and J.A. McCahery (eds), After Enron: Reforming Corporate Governance and Capital Markets in Europe and the US (Hart Publishing 2006) [...]

At the end of the twentieth century, it was thought by many that the Anglo-American system of corporate governance was performing effectively. Some observers claimed to see an international trend towards convergence around this model, in which firms raise finance on capital markets from dispersed investors, and corporate governance seeks to keep managers accountable to shareholders. There can be no denying that the recent corporate governance crisis in the US - Enron and related scandals - has caused many to question their faith in this view. This collection of essays provide a comprehensive attempt to answer the following questions: firstly, what went wrong - when and why do markets misprice the value of firms, and what was wrong with the incentives set by Enron? Secondly, what has been done in response, and how well will it work - including essays on the Sarbanes-Oxley Act in the US, UK company law reform and European company law and auditor liability reform, along with a consideration of corporate governance reforms in historical perspective. Three approaches emerge. The first two share the premise that the system is fundamentally sound, but part ways over whether a regulatory response is required. The first view argues that the events of the 'fall' have indicated a need for greater regulation to curb the excesses of the market. The second view suggests that Enron was merely an aberration, which 'self-corrected' anyway, and consequently the regulatory response has been unnecessarily restrictive. The third view, in contrast, argues that the various scandals demonstrate fundamental weaknesses in the Anglo-American system itself, which cannot hope to be repaired by the sort of reforms that have taken place. It is for the reader, and ultimately history, to decide which view is correct.


ISBN: 978-1-84113-531-1

I Loader, E Girling and R Sparks, 'After Success?: Anxieties of Affluence in an English Village' in T Hope and R Sparks (eds), Crime, Risk and Insecurity: Law and Order in Political Discourse and Everyday Life (Routledge 2000)

S Fredman and Sarah Spencer (eds), Age as an Equality Issue (Hart 2003 2003) [...]

A series of chapters by experts from a wide range of disciplines on age discrimination, considering the central aims of a policy on age equality, as part of the process of implementing EU requirements for age discrimination legislation and moving beyond it.


ISBN: 1-84113-405-8

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

T Krebs, 'Agency Law for Muggles: Why There is no Magic in Agency' in Andrew Burrows, Edwin Peel (eds), Contract Formation and Parties (Oxford University Press 2010)

L Gullifer, 'Agreed Remedies' in Andrew Burrows and Edwin Peel (eds), Commercial Remedies: Current Issues and Problems (Oxford University Press 2003) [...]

Book from the Norton Rose Oxford Law Colloquium held in September 2002


ISBN: 0-19-926465-1

A Briggs, Agreements on Jurisdiction and Choice of Law (OUP: Oxford Private International Law Series 2008) [...]

Analysis of common and European law as it governs and relates to agreements on jurisdiction and choice of law, including attention to scope, validity, drafting, and enforcement by direct and indirect means.


ISBN: 9780199282302

W E Peel, 'Agreements to Negotiate in Good Faith' in Andrew Burrows and Edwin Peel (eds), Contract Formation and Parties (OUP 2010) [...]

An essay concerning the limits to the enforceability of agreements to negotiate and a proposal for reform


ISBN: 978-0-19-958370-6

P S Davies, 'Aid, abet, counsel or procure?' in S Pitel, J Neyers, E Chamberlain (eds), Tort Law: Challenging Orthodoxy (Hart 2013)

H Collins, 'Aims of Teaching the Law of Contract' in P. Birks (ed), Examining the Law Syllabus: The Core (Oxford University Press 1992)

I Papanicolopulu, T Scovazzi and G Francalanci, 'Albania-Greece' in Colson & Smith (eds), International Maritime Boundaries (Martinus Nijhoff Publishers 2011)

D P Nolan, 'Alcock v Chief Constable of South Yorkshire Police (1991)' in Charles Mitchell and Paul Mitchell (eds), Landmark Cases in the Law of Tort (Hart Publishing 2010)

Guenter Treitel, 'All but Chapter 9' in Reynolds and Treitel (eds), Carver on Bills of Lading (2nd edition) (Sweet & Maxwell 2005)

P J Clarke, 'All England Annual Review' in All England Annual Review (LexisNexis UK 2004)

P J Clarke, 'All England Annual Review' in All England Annual Review (Lexis Nexis Butterworths 2001) [...]

Chapter of Annual Review:on recent cases on Land Law and Trusts


ISBN: 0-406-9052-3

P J Clarke, 'All England Annual Review' in All England Annual Review (Lexis Nexis Butterworths 2003) [...]

All England Annual Review: Chapter on Recent Cases in Land Law and Trusts


ISBN: 0406 96543 9

P J Clarke, 'All England Annual Review' in All England Annual Review (Lexis Nexis Butterworths 2002) [...]

Chapter in Annual Review: On Recent cases in Land Law and Trusts


ISBN: 0406 96543 9

P J Clarke, 'All England Annual Review 2004' in All England Annual Review (Lexis Nexis Butterworths 2005) [...]

Chapter on Land Law and Trusts


ISBN: 1-405-70360-1

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)

J S Getzler, 'Am I My Beneficiary's Keeper? Fusion and Loss-Based Fiduciary Remedies' in S Degeling and J Edelman (eds), Equity in Commercial Law (Thomson (LBC), Sydney 2005)

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)

Laura Hoyano and others, An Assessment of the Admissibility and Sufficiency of Evidence in Child Abuse Prosecutions (Home Office, United Kingdom Government 1999) [...]

This reports the findings of a qualitative empirical research study commissioned by the Home Office in 1997, to investigate the extent to which cases of alleged sexual, physical and emotional abuse or neglect are not prosecuted because the evidence gathered during the investigation are deemed insufficient or inadmissible. The study examined how that evidence is collected and evaluated in each of the three phases of a criminal prosecution: the interagency investigation, the assessment by the Crown Prosecution Service, and the trial.The study also provides a comparative survey of measures to facilitate the taking of children's evidence in other jurisdictions, in particular in Canada, United States, New Zealand and Australia.


ISBN: 1-84082-357-7

M R Freedland, S Fredman and C McCrudden, An EU Charter of Fundamental Rights (Sweet and Maxwell 2000)

A J B Sirks, 'An inheritance lost and a fraudulent slave' in A. Burrows, D. Johnston, R. Zimmermann (eds), Judge and Jurist, Essays in Memory of Lord Rodger of Earlsferry (Oxford University Press 2013) [...]

An exegesis of two Digest texts, D. 9.2.23.1 and 4. It is suggested that two ways of valuation of the damages, a positive and a negative, are behind these.


ISBN: ISBN978-0-19-96773-4

J Roberts, 'An Introduction to Criminal Justice in Canada' in Roberts, Julian V. and Grossman, Michelle (eds), Criminal Justice in Canada : a Reader (Nelson Thomson Learning 2003)

S Gardner, An Introduction to Land Law (Hart Publishing 2007)

S Gardner and E MacKenzie, An Introduction to Land Law (3rd edn, 2012)

S Gardner, An Introduction to Land Law, 2nd edition (Hart Publishing 2009) [...]

Cited in Thorner v Major [2009] UKHL 18, [2009] 1 WLR 776, [29] (Lord Walker of Gestingthorpe); Jones v Kernott [2011] 3 WLR 1121, [21] (Lord Walker of Gestingthorpe and Baroness Hale of Richmond)


S Gardner, An Introduction to the Law of Trusts (Oxford University Press, Clarendon Law Series 1990)

S Gardner, An Introduction to the Law of Trusts, 2nd edition (Oxford University Press, Clarendon Law Series 2003)

S Gardner, An Introduction to the Law of Trusts, 3rd edition (Oxford University Press, Clarendon Law Series 2011) [...]

Cited in Independent Trustee Services Ltd v G P Noble Trustees Ltd [2012] EWCA Civ 195, [82] (Lloyd LJ)


ISBN: 978-0-19-954575-9

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 Armour and Skeel, D. A., 'An Ocean of Difference on Takeover Regulation' in Grant, J. (eds), European Takeovers: The Art of Acquisition (London: Euromoney Books 2005)

Guenter Treitel, An Outline of the Law of Contract (6th Edition, Oxford University Press 2004) [...]

A new edition, extensively revised in the light of important legislative changes and landmark judicial decisions, of an account of the principles and policies of English contract law, intended to be accessible to those without specialist legal training.


ISBN: 406972680

M Paparinskis, 'Analogies and Other Regimes of International Law' in Z Douglas, J Pauwelyn, and J.E. Viñuales (eds), The Foundations of International Investment Law: Bringing Theory into Practice (Oxford University Press 2014) (forthcoming)

J Cartwright, 'Analyse comparée de la responsabilité précontractuelle dans les droits européens' in O. Deshayes (ed), L’avant-contrat: Actualité du processus de formation des contrats (PUF, collection CEPRISCA 2008) [...]

Comparison of the approaches of different European legal systems to liability between parties during the negotiations for a contract. Published paper from conference on ‘L’avant-contrat’, Le Centre de droit privé et de sciences criminelles d’Amiens, Université de Picardie Jules Verne, 4 April 2007.


ISBN: 978-2-95187-128-1

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 Freedman, G.Loomer and J.Vella, 'Analyzing the Enhanced Relationship Between Corporate Taxpayers and Revenue Authorities: A U.K. Case Study' in (The IRS Research Bulletin, Proceedings of the 2009 IRS Research Conference (The Department of the Treasury Internal Revenue Service, Washington DC, 2010 ) 2010)

J Vella, J Freedman and G Loomer, 'Analyzing the enhanced relationship between corporate taxpayers and revenue authorities: a UK case study' in 2009 Internal Revenue Service Bulletin ( 2009)

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 Cartwright, J Beatson and A Burrows, Anson's Law of Contract (29th edn, OUP 2010) [...]

New edition of classic text on contract law


ISBN: 9780199282470

J C McCrudden (ed), Anti-Discrimination Law (Ashgate 2004) [...]

Collection of previously published "classic" essays on anti-discrimination law, together with an extended introduction


ISBN: 1855211343

J Donoghue, Anti-Social Behaviour Orders: A Culture of Control? (Palgrave Macmillan 2010)

R Condry, 'Appreciating the Broad Reach of Serious Crime and the Interpretive Power of Claims to Secondary Victimization' in David Downes, Dick Hobbs and Tim Newburn (eds), The Eternal Recurrence of Crime and Control: Essays in Honour of Paul Rock (Clarendon: Oxford 2010)

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) [...]

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 ἐðéåßêåéá sense of ‘flexible’, branch of English law.


Roy Goode, 'Are Intangible Assets Fungible' in Peter Birks and Arianna Pretto (eds), Themes in Comparative Law (Oxford University Press 2002) [...]

Analyses the concept of fungibility in relation to intangible property and seeks to show that things often described as fungibles, eg shares, are in fact single assets the subject of co-ownership, so that questions of appropriation and identification do not arise.


ISBN: 0-19-9258566-2

Roy Goode, 'Are Intangible Assets Fungible?' in Themes in Comparative Law in Honour of Bernard Rudden (OUP 2002) [...]

Challenges the accepted notions of fungibility in relation to intangibles and the notion that shares in an asset require separate identification (republished as slightly revised in LMCLQ (see separate entry)


A S Burrows, 'Are ‘Damages on the Wrotham Park Basis’ Compensatory, Restitutionary, or Neither? ' in Saidov and Cunnington (eds), Current Themes in the Law of Contract Damages (Hart 2008)

A Kavanagh and John Oberdiek (eds), Arguing About Law (Routledge-Cavendish 2008)

M Kurkchiyan and Edmund Hezig, 'Armenia and the Armenians' in Marina Kurkchiyan with Edmund Herzig (ed), The Armenians: Past and Present in the Making of National Identity (London: Routledge-Curzon 2005)

D Akande, 'Arrest Warrant Case”; “Pius Nwaoga v. The State' in Cassese, Akande, et al (eds), Oxford Companion to International Criminal Justice (OUP 2009)

P Eleftheriadis, 'Art and Moral Dilemmas' in Johannes Odenthal and Elina Kountouri (eds), Kalliopi Lemos: A Sculptural Trilogy About Europe’s Fragile Borders (Göttingen: Steidl 2010) [...]

In the last three years the artist Kalliopi Lemos has constructed three large sculptures consisting mainly of boats used by illegal immigrants to cross from Turkey into Greece. These boats were discarded on the island of Chios, where Lemos discovered them. She exhibited these three sculptures in public settings in Athens, Istanbul and Berlin, with the respective titles: Crossing, Round Voyage and Crossroads. What is the meaning of this work? In this essay (which will form part of a forthcoming book on this trilogy, alongside essays by Arthur Danto and Thomas Pogge) Pavlos Eleftheriadis argues that art does not seek to resolve moral dilemmas, such as the dilemma posed by the competing claims of justice made by the illegal immigrants and the neediest of our own society. The power of art is in reminding us (in a way that does not deploy philosophical arguments but is equally or more persuasive) of the profound importance of our moral responsibility towards everyone.


ISBN: 978-3-86930-052-8

T Krebs, 'Art. 2, Section 2: Authority of agents' in Stefan Vogenauer, Jan Kleinheisterkamp (eds), Commentary on the Principles of European Commercial Contracts (PICC) (Oxford University Press 2009)

A Dickinson, 'Article 15: Participation in companies or other collective bodies' in Roger O'Keefe, Christian J. Tams, Antonios Tzanakopoulos (eds), The United Nations Convention on Jurisdictional Immunities of States and Their Property: A Commentary (Oxford University Press 2013)

G S Goodwin-Gill, 'Article 31 of the 1951 Convention relating to the Status of Refugees: Non-penalization, detention, and protection' in Erika Feller, Volker Turk, & Frances Nicholson, eds. (eds), Refugee Protection in International Law: UNHCR’s Global Consultations on International Protection (Cambridge. Cambridge University Press 2003) [...]

Examines the background (travaux preparatoires) to the drafting of Article 31 of the 1951 Convention relating to the Status of Refugees, which provides for the non-penalization of certain refugees entering or present in a State party without authorization. Reviews the implementation of this provision in the practice of States.


ISBN: 0-521-53281-7

C Costello, 'Article 33 - Family & Professional Life' in Steve Peers, Tamara Hervey, Jeff Kenner and Angela Ward (eds), The EU Charter of Fundamental Rights - A Commentary (Hart Publishing 2014)

P P Craig, 'Article 41' in S Peers, T Hervey, J Kenner and A Ward (eds), The EU Charter of Fundamental Rights, A Commentary (Hart Publishing 2014)

S Talmon, 'Article 43' in Andreas Zimmermann/Christian Tomuschat/Karin Oellers-Frahm (ed), The Statute of the International Court of Justice. A Commentary (OUP 2006)

A Tzanakopoulos, 'Article 67—Convention of 1969' in O Corten, P Klein (eds), The Vienna Conventions on the Law of Treaties—A Commentary (Oxford University Press 2011) [...]

Commentary to Article 67 of the 1969 VCLT.


ISBN: 978-0-19-954664-0

E. Riedel and G. Giacca, 'Article 68' in Bruno Simma et al. (ed), The Charter of the United Nations - A Commentary, (Oxford University Press 2012)

A Tzanakopoulos, 'Article 68—Convention of 1969' in O Corten, P Klein (eds), The Vienna Conventions on the Law of Treaties—A Commentary (Oxford University Press 2011) [...]

Commentary to Article 68 of the 1969 VCLT.


ISBN: 978-0-19-954664-0

A Ezrachi, Article 82 EC – Reflections on its recent evolution (Ed, 2009)

J S Getzler, 'Ascribing and Limiting Fiduciary Obligations: Understanding the Operation of Consent' in Andrew S. Gold & Paul B. Miller (eds), Philosophical Foundations of Fiduciary Law (Oxford University Press 2014) [...]

It is now a common observation that fiduciary duties typically arise from consent, express or implied, and regularly operate to prohibit certain behaviours in order to improve standards of positive conduct. These claims are each entirely valid, but consent is not a universal or complete explanations of the genesis of fiduciary duties, their content, and the proper remedies for breach. This essay makes a tentative start in applying the techniques of ascription and defeasibility to fiduciary law, arguing that consent plays a role in both creation and limitation of fiduciary obligations, but that consent interacts with an array of further mandatory and default terms to control entry into, variation and exemption, and exit from fiduciary relationships. The chapter surveys current law, and concludes that not “who is a fiduciary,” or “what is a fiduciary duty,” but “how are fiduciary duties changed” is now the compelling question.


ISBN: 978-0-19-870172-9

John 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)

K Baker, G Kelly and B Wilkinson, Assessment in Youth Justice (Bristol: The Policy Press. 2011)

R Burnett, Baker, K. and Roberts, C., 'Assessment, supervision and intervention: fundamental practice in probation' in L. Gelsthorpe and R. Morgan (eds.) (eds), Handbook of Probation (Willan 2007)

R Burnett, K Baker and C Roberts, 'Assessment, Supervision and Intervention: Fundamental Practice in Probation' in L. Gelsthorpe and R. Morgan (eds), The Handbook of Probation (Cullompton: Willan 2007)

Roy Goode, 'Assignment' in Ole Lando et al (ed), Principles Of European Contract Law (Kluwer 2003) [...]

Chapter 11 of Part III of Principles Of European Contract Law. A Formulation of Principles and Rules Governing The Assignment of Contractual Claims, With Comments, Illustrations and Notes of Sources. For the concluding part of the PECL, I was the Rapporteur who prepared the text, which then underwent revision at meetings of the Commission on European Contract Law.


ISBN: 90-411-1961-2

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.


ISBN: 9781849462198

L Green, 'Associative Obligations and the State' in Justine Burley (ed), Dworkin and his Critics (Blackwell 2004)

L Green, 'Associative Obligations and the State' in L Green and A Hutchinson (eds), Law and the Community: The End of Invidualism? (Carswell 1989)

M R Freedland, Attachment of Earnings (Jordans, London 1972)

R G Hood, 'Attacking the Death Penalty in the Anglophone Caribbean: A Criminological Contribution' in Heinz Müller-Dietz (ed), Festschrift für Heike Jung (Baden-Baden, Nomos 2007) [...]

reprinted in Luis Arroyo, Paloma Bigling and William A. Schabas (eds.), Towards universal abolition of the death penalty, Valencia: Tirant lo Blanch (2010), 241-264


R G Hood, 'Attacking the Death Penalty in the Anglophone Caribbean: A Criminological Contribution' in Luis Arroyo, Paloma Bigling and William A. Schabas (eds), Towards universal abolition of the death penalty (Valencia: Tirant lo Blanch 2010) [...]

previously printed in Festschrift für Heike Jung, 2007


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

I Papanicolopulu (ed), Atti del V Incontro di studio tra giovani cultori delle materie internazionalistiche (Giuffrè Editore 2008)

P Eleftheriadis, 'Austin and the Electors' in Michael Freeman & Patricia Mindus (eds), The Legacy of John Austin's Jurisprudence (Springer 2012)

A Higgins, Andrew Mitchell and James Munro, 'Australia's Plain Packaging of Tobacco Products ' in Bryan Mercurio and Kuei-Jung Ni (eds), Science and Health Measures in International Economic Law (Routledge 2013)

A Braun, 'Austria' in F Brunetta d'Usseaux (ed), Il diritto di famiglia nell'Unione Europea (Giuffré, Milano 2005)

K Moussavi, Authoritarian politics, Constitutionalism and the Single Party system in Iran: The General Elections of 1975 ( 0)

D J Galligan, 'Authoritarianism in Government and Administration: The Promise of Administrative Justice' in Michael Freeman (ed), Current Legal Problems 2001 (Volume 54) (OUP 2001)

L Green, 'Authority' in E Craig (ed), Routledge Encyclopedia of Philosophy (Routledge 1998)

J Raz, 'Autonomy, Toleration, and the Harm Principle' in R. Gavison (ed), Issues in Contemporary Legal Philosophy (OUP 1987)

J Raz, 'Autonomy, Toleration, and the Harm Principle' in R. Frost (ed), Toleranz (Campus Verlag, Frankfurt 2000) [...]

Translation


J Armour, 'Avoidance of Transactions as a ‘Fraud on Creditors’ at Common Law' in Armour, J. & Bennett, H. N. (eds), Vulnerable Transactions in Corporate Insolvency (Oxford:Hart Publishing 2003)

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)

John Gardner, 'Backwards and Forwards with Tort Law' in J Keim-Campbell, M O'Rourke and D Shier (eds), Law and Social Justice (MIT Press 2005)

M Paparinskis, Basic Documents on International Investment Protection (Hart Publishing 2012)

A V Lowe and with S.A.G. Talmon, Basic Documents on the Law of the Sea: The Legal Order of the Oceans (Hart Publishing 2009) [...]

This compendium of documents brings together, for the first time in an affordable format, the essential documents needed to gain a thorough knowledge of the laws of the sea. There has been a long felt need for such a collection to provide students, scholars and practitioners with a working library of the key materials. This collection integrates documents of the International Maritime Organisation (which are not available anywhere on the web in consolidated form), of regional fisheries organizations, security related documents, treaties concerning resource exploitation, environmental protection measures and much more, into the framework created by the Law of the Sea Convention. The book is aimed at teachers and practitioners in the area and can be used as a class room companion for law of the sea courses.


ISBN: 1841138231/97818411

R M Bagshaw, 'Behavioural Science Data in Evidence Teaching and Scholarship' in Paul Roberts and Mike Redmayne (eds), Innovations in Evidence and Proof (Hart Publishing 2007)

C Hoyle, 'Being a 'nosy bloody cow': ethical and methodological issues in researching domestic violence' in R King and E Wincup (eds), Doing Research on Crime and Justice (Oxford University Press 2000)

C Carlarne, 'Being Sustainable the Climate Change Way: Sustainability and Climate Change Policies in the USA' in Planning for Sustainable Communities: Theories, Research Methods and Applications ( 2007) [...]

Sustainable development and climate change pose two of the most daunting and important challenges to domestic and international policy-making. Since its modern inception in the 1980s, sustainable development has become a generally accepted principle of international law. Despite increasing reference to sustainable development in domestic and international law, the concept remains elusive and difficult to implement and measure. Sustainable development needs a jump start and a tangible avenue through which to evolve. Climate change policy provides such an avenue. The international climate change regime is framed based on the principles of sustainable development and all indicators suggest that effective climate change policies are essential to achieving domestic and international sustainability. Thus, sustainable development and climate change policies go hand in hand. In the US, early commitments to sustainable development have petered out amidst federal inactivity; sustainable development is stuck in a rut, and climate change policies provide the key to reviving efforts to achieve sustainable development. This article analyzes the legal theory of sustainable development and the current status of sustainable development. The article then introduces the international climate change regime and discusses the intimate relationship between climate change policy and sustainable development. Finally, relying on case studies at the state and local level, the article explores how national responses to climate change offer a route forward for achieving sustainable development at the national and local level.


J J W Herring, 'Best interests and dementia' in C Foster, J Herring and I Doran (eds), The Law and Ethics of Dementia (Hart 2014)

S R Weatherill (ed), Better Regulation (Hart Publishing 2007)

J Freedman (ed), Beyond Boundaries - Developing Approaches to Tax Avoidance and Tax Risk Management. (Oxford University Centre for Business Taxation 2008)

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)

R Bird, 'Beyond the computer catalogue: database applications in a law library' in Achieving  Excellence - Proceedings of the 4th Asian Pacific Special and Law Librarians Conference ( 1991)

E Fisher, 'Beyond the Science/Democracy Dichotomy: The World Trade Organisation Sanitary and PhytoSanitary Agreement and Administrative Constitutionalism' in C. Joerges & E. Petersmann (eds), Constitutionalism, Multilevel Trade Governance and Social Regulation (Hart Publishing 2006)

H Collins, 'Beyond the Third Way in Labour Law: Towards the Constitutionalization of Labour Law? ' in M. Kaino, M. Ishida, T. Uemura (eds), Comparative Law for Creative Law: Challenges for Immediate Actions ( 2010)

Ruth Deech, M-T Meulders-Klein and P. Vlaardingerbroek, Biomedicine, the Family & Human Rights (1, Kluwer 2002) [...]

Papers given at the International Society of Family Conference on this theme, 1999, Oxford


ISBN: 90-411-1627-3

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


E Fisher, 'Blazing Upstream? Strategic Environmental Assessment as ‘Hot’ Law' in Gregory Jones and Eloise Scotford (eds), The Strategic Environmental Assessment Directive: A Plan for Success (Hart 2014)

P Davies, K Hopt, R Nowak, G Van Solinge, 'Boards in Law and Practice: A Cross-Country Analysis in Europe' in Paul Davies, Klaus Hopt, Richard Nowak, Gerard Van Solinge (eds), Corporate Boards in Law and Practice (OUP 2013) [...]

This is the general report analysing a group of national reports on the role and function of the board in European public companies. The report assesses how far the role and function of the board have converged in different European countries and how far divergences continue to exist. It explains convergencs and divergences by reference to the forces of globalisation, differences in shareholder structure and in differing perceptions of the board as a monitor on behalf of shareholders or as a mediator among stakeholder groups. The book analyses not only corporate laws but also corporate governance codes and looks at enforcement as well as at law 'in the book's


ISBN: 978-0-19-870515-4

M Bosworth, 'Border Crossings: Immigration Detention and the Exclusive Society' in M Lee (ed), Human Trafficking. Collumpton (Willan Publishing 2007)

S R Weatherill, 'Bosman changed everything: the Rise of EC Sports Law' in M. Poiares Maduro and L. Azoulai (eds), The Past and Future of EU Law: the Classics of EU law revisited on the 50th anniversary of the Rome Treaty (Hart Publishing 2010)

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)

S Douglas-Scott, 'Brave new world? The challenges of transnational law and legal pluralism to contemporary legal theory' in Richard Nobels and David Schiff (eds), Law, Society and Community: Socio-Legal Essays in Honour of Roger Cotterrell (Ashgate 2014)

E McKendrick, 'Breach of Contract, Restitution for Wrongs and Punishment' in Commercial Remedies: Current Issues and Problems (OUP 2003) [...]

An examination of the decision of the House of Lords in Attorney- General v Blake in which the House of Lords decided that an account of profits could be awarded in certain circumstances in respect of a breach of contract. Also explores, albeit more briefly, the question of whether or not punitive damages should be available as a remedy for a breach of contract.


ISBN: 0-19-926465-1

S Fredman, 'Breaking the mould: equality as a proactive duty ' in Nicola Countouris and Mark Freedland (eds), Resocialising Europe in a Time of Crisis ( 2013)

I Papanicolopulu and others, 'Brevi appunti sull’applicazione dei diritti umani in mare' in I. Papanicolopulu (ed), Atti del V Incontro di Studio tra giovani cultori delle materie internazionalistiche (Giuffrè Editore 0)

P P Craig, 'Britain in the European Union' in J. Jowell and D. Oliver (eds), The Changing Constitution, 5th edn. (Oxford University Press 2004) [...]

Analysis of constitutional implications for Britain of membership of EU


ISBN: 0-19-926439-2

P P Craig, 'Britain in the European Union' in J Jowell and D Oliver (eds), The Changing Constitution (Oxford University Press 2011)

G S Goodwin-Gill, Sir Ian Brownlie CBE QC and Guy S. Goodwin-Gill (eds), Brownlie\'s Documents on Human Rights (Oxford: Oxford University Press 2010) [...]

An extensive updated collection of key documents covering all elements of the subject, plus commentary and bibliographic annotation. Organized by reference to UN instruments, UN sponsored conventions, ILO, UNESCO, and regional instruments.


ISBN: 978-0-19-956404-0

K S Ziegler, 'Building a Peoples’ Europe: Political Rights of Foreigners. Freedom of Ex-pression, Assembly and Association and Electoral Rights from the Perspec-tive of EC Law and the ECHR' in Hartmut Bauer, Pedro Cruz Villalón and Julia Iliopoulos-Strangas (eds), The ‘New Europeans’: Migration and Integration in Europe (Nomos Verlag/Bruylant/Ant. N. Sakkoulas 2009)

A Dickinson, Baggallay, Roger, McBain, Graham and Murphy, Laurence, Butterworths International Commercial Litigation Handbook - Second Edition (Butterworths 2006)

J C McCrudden, Buying Social Justice (OUP 2007)

J J W Herring, 'Buying, Selling and Sharing Bodies' in Bainham, Day Sclater, Richards (eds), Body Law and Lores (Hart Publishing 2002) [...]

Chapter of book discussing ownership of bodily materials and organ donation


J Rowbottom, 'Campaign Finance Law in the UK' in T. Grant (ed), Lobbying, Government Relations, and Campaign Finance Worldwide (Oceana/OUP 2005)

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)

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)

Simon Whittaker, 'Can the Contract Control the Contract? "Entire Agreement Clauses" in English Law' in F. Addis (ed), Le Clausole di Forma nelle Condizioni Generali di Contratto (Giuffe Editore, Miilan 2008) [...]

The article analyses the law governing the effectiveness of entire agreement clauses in English law


J Raz, 'Can there be a Theory of Law?' in Golding & Edmundson (eds), The Blackwell Guide to the Philosophy of Law and Legal Theory (Blackwell 2004)

N. Bala and J Roberts, 'Canada’s Juvenile Justice System: Promoting Community-based Responses to Youth Crime' in J. Junger-Tas and S. Decker (eds), International Handbook of Juvenile Justice. (Dordrecht: Springer Publications. 2006)

J J W Herring, 'Carers' in L. Gostin et al (ed), Principles of Mental Health Law and Policy (OUP 2010) [...]

The legal and ethics issues surrounding the carers of those with mental health issues.


J J W Herring, Caring (Law and Justice 2007) [...]

The article considers how the law interacts with caring practices.


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.


ISBN: 9781849461061

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)

A Ezrachi, 'Cartels and Criminalisation - The International Dimension' in C Beaton-Wells and A Ezrachi (eds), Criminalising Cartels: A Critical Interdisciplinary Study of an International Regulatory Movement (Hart 2010)

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.


Guenter Treitel and FMB Reynolds, Carver on Bills of Lading (Sweet & Maxwell, London 2011) [...]

Although published under the name of "Carver", this is an entirely new text on bills of Lading written by the above co-authors. The major change in this edition is that it takes account of the new UN Carriage of Goods Convention known as the Rotterdam Rules, considering them not only as a self-contained body of rules but also exploring their effect on current rules of English law.


p1-589 written by Guenter Treitel and p591-830 by Professor Reynolds.


ISBN: 9780414048522

Guenter Treitel and Professor FMB Reynolds QC, Carver on Bills of Lading, 2nd edition (Sweet & Maxwell, London 2005) [...]

Although published under the name 'Carver' this is an entirely new text on Bills of Lading. The new edition takes account of new decisions of first rate importance by the House of Lords as well as the lower courts and of developments in other jurisdictions.


ISBN: 0 421 877006

J Cartwright, 'Case study (English law)' in R. Sefton-Green (ed), Mistake, Fraud and Duties to Inform in European Contract Law: Common Core of European Contract Law (CUP 2005) [...]

English law contribution to a comparative study on mistake, fraud and duties to inform.


ISBN: 0 521 84423 1

S R Weatherill, Cases and Materials on EU Law (9th edition, OUP 2010)

S R Weatherill, Cases and Materials on EU Law, (Sixth Edition) (Oxford University Press 2003)

S R Weatherill, Cases and Materials on EU Law, Seventh Edition (Oxford University Press 2005)

A S Burrows, Ewan McKendrick and James Edelman, Cases and Materials on the Law of Restitution, 2nd edition (OUP 2007)

J Rowbottom, 'Cash for Amendments, Homes and Moats: Standards of Conduct in Westminster' in Joo-Cheong Tham, Brian Costar and Graeme Orr (eds), Electoral Regulation and Prospects for Australian Democracy (Melbourne University Press 2011)

D P Nolan, 'Causation and the Goals of Tort Law' in Andrew Robertson and Tang Hang Wu (eds), The Goals of Private Law (Hart Publishing 2009)

S Green, Causation in Negligence (Hart 2014) (forthcoming)

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.


ISBN: 9781849460866

I Loader, S Anderson, R Kinsey and C Smith, Cautionary Tales: Young People, Crime and Policing in Edinburgh (Avebury 1994)

B Goold, CCTV and Policing: Public Area Surveillance and Police Practices in Britain (Clarendon Series in Criminology, Oxford University Press 2004)

B Goold, CCTV and Policing: Public Area Surveillance and Police Practices in Britain (OUP 2004)

S Fredman, 'CEDAW in the UK' in A Hellum and H Sinding Aasen (eds), Women's Human Rights: CEDAW in International, Regional and National Law (Studies on Human Rights Conventions Cambridge University Press 2013)

J Morgan, 'Central Government in English Common Law; Constitutional Law in English Common Law; Parliament ' in Stanley N Katz (ed), Oxford International Encyclopedia of Legal History (OUP 2009)

B Havelkova, 'Challenges to the effective implementation of EC gender equality law in the Czech Republic – an early analysis' in Arioli, Cottier, Farahmand, Küng (eds), Wandel der Geschlechterverhältnisse durch Recht? (DIKE 2008) [...]

This article analyses the transposition of EC equality law and the application of equality norms by the courts in the Czech Republic. It identifies several challenges to effective implementation of equality policy. It submits, first, that the Czech legislature’s actual goal is not the achievement of equality but the fulfilment of EU membership obligations. It argues that this attitude has resulted in the failure to adopt a comprehensive anti-discrimination law and also has a negative impact on the quality of the legislation and its effectiveness. Second, it identifies serious deficiencies in the courts’ judgments and considers these to result from Czech judges’ adherence to legal formalism. As a consequence, the courts mechanically apply the wording of the legal norms while completely disregarding the legislative aims and the realities of gender discrimination.


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)

A J B Sirks (ed), Change of paradigm in contractus ( 2014) (forthcoming) [...]

The meaning of the word contractus changed, it is argued, from meaning a unilateral subjective act of taking on an obligation to meaning an objective bilateral act of consensus, in which two bilateral obligations were engaged. This change reflects a shift in methodological approach.


J Roberts and Mike Hough, Changing Attitudes to Punishment. Public opinion, crime and criminal justice (Willan Publishing 2002) [...]

Abstract: This volume explores the evolution of public attitudes to punishment in western nations.

ISBN: 1-84392-002-6

J Roberts and Mike Hough (eds), Changing Attitudes to Punishment: International Context. (Willan Publishing. 2002) [...]

Abstract: Roberts is the first editor and individual responsible for producing this volume. It draws upon research conducted around the world and has been favorably reviewed in: Criminal Justice; SCOLAG Law Journal;British Journal of Criminology and British Society of Criminology Bulletin.

ISBN: 1-84392-003-4

J Roberts and M. Hough, 'Changing Attitudes to Punishment: The Context' in J.V. Roberts and M. Hough (eds), Changing Attitudes to Punishment. Public Opinion, Crime and Justice. ( Cullompton: Willan Publishing. 2002)

A V Lowe, 'Changing Dimensions of International Investment Law' in W Shan, P Simons ad D Singh (eds), Collected Courses of the Xiamen Academy of International Law ((Martinus Nijhoff Publishers 2008)

Simon Whittaker, 'Chapter 1 Introductory; Chapter 4 Form; Chapter 8 Capacity; Chapter 15 Unfair Terms in Consumer Contracts; and Chapter 44 Suretyship' in H Beale (ed), Chitty on Contracts (29th edition) (Sweet and Maxwell 2004) [...]

Continued updating and rewriting of chapters (including new section on the HRA and contracts).


ISBN: 1 0 421 842 806

Simon Whittaker, 'Chapter 1 Introductory; Chapter 4 Form; Chapter 8 Capacity; Chapter 15 Unfair Terms in Consumer Contracts; and Chapter 44 Suretyship' in H Beale (ed), Chitty on Contracts (30th edition) (Thomson Sweet and Maxwell 2008)

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)

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 18: Overseas Sales in General, Chapter 19: C.I.F. Contracts, Chapter 20: F.O.B. Contracts, Chapter 21: Other Special Terms and Conditions in Overseas Sales' in Benjamin's Sale of Goods, 8th edition (Sweet and Maxwell 2010)

Guenter Treitel, 'Chapter 18: Third Parties' in Chitty on Contracts, 29th edition (Sweet and Maxwell 2004) [...]

These chapters form part of a new edition of the leading practitioner's work on Contracts. The text of the chapters is entirely my own. It gives an up-to-date account of the law relating to the specified topics and includes an analysis of important legislation, including Contracts (Rights of 3rd Parties) Act 1999.


ISBN: 0-421-842-806

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 2 : The Agreement; Chapter 3 : Consideration; Chapter 19 : Third Parties; Chapter 28 : Specific Performance and Injunction; Chapter 40 ; Gaming and Wagering' in Chitty on Contracts ( 2001) [...]

These pages are part of a Supplement designed to bring up to date the leading practitioners book on the English law of contract. The pages deal with the parts of the book written by me.


ISBN: 0 421 762403

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 & Injunction' in Chitty on Contracts, 29th edition (Sweet and Maxwell 2004) [...]

These chapters form part of a new edition of the leading practitioner's work on Contracts. The text of the chapters is entirely my own. It gives an up-to-date account of the law relating to the specified topics and includes an analysis of important legislation, including Contracts (Rights of 3rd Parties) Act 1999.


ISBN: 0-421-842-806

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 Chitty on Contracts, 29th edition (Sweet and Maxwell 2004) [...]

These chapters form part of a new edition of the leading practitioner's work on Contracts. The text of the chapters is entirely my own. It gives an up-to-date account of the law relating to the specified topics and includes an analysis of important legislation, including Contracts (Rights of 3rd Parties) Act 1999.


ISBN: 0-421-842-806

Guenter Treitel, 'Chapter 2: The Agreement' in Hugh Beale (ed), Chitty on Contracts (Sweet & Maxwell 2012)

Guenter Treitel, 'Chapter 2: The Agreement, Chapter 3: Consideration, Chapter 18: Third Parties, Chapter 27: Specific Performance and Injunction, and Chapter 40: Gaming and Wagering' in Chitty on Contracts, Second Cumulative Supplement to the 29th edition. (Sweet and Maxwell 2005) [...]

These pages are part of a supplement designed to bring up to date the parts of the leading practioner's book on the English law of contract written by me. They include a full discussion of the effect on contracts of the Gambling Act 2005.


ISBN: 0 421 912308

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)

Guenter Treitel, 'Chapter 3: Consideration' in Chitty on Contracts, 29th edition (Sweet and Maxwell 2004) [...]

These chapters form part of a new edition of the leading practitioner's work on Contracts. The text of the chapters is entirely my own. It gives an up-to-date account of the law relating to the specified topics and includes an analysis of important legislation, including Contracts (Rights of 3rd Parties) Act 1999.


ISBN: 0-421-842-806

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)

Guenter Treitel, 'Chapter 40: Gaming & Wagering' in Chitty on Contracts, 29th edition (Sweet and Maxwell 2004) [...]

These chapters form part of a new edition of the leading practitioner's work on Contracts. The text of the chapters is entirely my own. It gives an up-to-date account of the law relating to the specified topics and includes an analysis of important legislation, including Contracts (Rights of 3rd Parties) Act 1999.


ISBN: 0-421-843-004

J Raz, 'Chapter 9' in Angelika Krebs (ed), Gleichheit oder Gerechtigkeit (Suhrkamp 2000)

E McKendrick, 'Chapter on sale of goods' in English Private Law (Second Cumulative Updating Supplement) (Oxford University Press 2004)

A Tzanakopoulos, 'Chapter VII Measures (UN Charter) (with regard to International Tribunals)' in A Cassese (ed), The Oxford Companion to International Criminal Justice (Oxford University Press 2009)

A Johnston, 'Chapter X - Other exception clauses, and Chapter XII - State Monopolies of a Commercial Character' in P. Oliver (ed), Oliver on Free Movement of Goods in the European Union (Hart Publishing 2010)

P N Mirfield, 'Chapters' in Phipson on Evidence 16th Edition (Sweet & Maxwell 2005) [...]

I have written about 12% of this leading text on Evidence. This is the 16th. Edition (First Edition 1892).


ISBN: 0421 874708

Guenter Treitel, 'Chapters 18-21 entitled respectively Overseas Sales in General, C.I.F. Contracts, F.O.B. Contracts, Other Special Terms and Provisions in Overseas Sales' in Benjamin's Sale of Goods (Sweet and Maxwell 2002) [...]

These chapters constitute some 30% of a new edition of the leading English work on Sale of Goods. The text of the chapters is entirely my own; it contains an up-to-date account of the law governing overseas sales. Legislation and judicial decisions since the last edition (1999) have led to far-reaching changes in and additions to the text.


ISBN: 0-421-72950-3

A S Burrows, 'Chapters 19-20, 28 plus annual supplements 2004, 2005, 2006' in Chitty on Contracts 29th edn ( 2004)

A S Burrows, 'Chapters 29-33' in Clerk and Lindsell on Torts (19th edn) (Sweet and Maxwell 2006) [...]

Leading practitioners' work on Torts


ISBN: 0-421-88890-3

P N Mirfield, 'Chapters on 'Character'' in Hodge M Malek (ed), Phipson on Evidence 16th Edition (Sweet & Maxwell 2005)

D P Nolan, 'Chapters on Government Liability, Product Liability, Nuisance and Rylands v Fletcher and Fire' in Andrew Grubb (ed), The Law of Tort (Butterworths 2002) [...]

in-depth analysis of public authority tort liability for new practitioners' work


ISBN: 406896720

D P Nolan, 'Chapters on Government Liability, Product Liability, Nuisance and Rylands v Fletcher and Fire' in Ken Oliphant (ed), The Law of Tort (2nd edn) (LexisNexis Butterworths 2007)

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)

R M Bagshaw, 'Chapters on: 'Relevance, Admissibility and Weight; Previous and Subsequent Existence of Facts; The Best Evidence Rule'; 'Corroboration, Supporting Evidence and Related Warnings'; 'Identification'; 'Physical Conditions, States of Mind and Emotions'' in Hodge M Malek (ed), Phipson on Evidence, Sixteenth edition (Sweet & Maxwell 2005)

R M Bagshaw, 'Chapters on: \\\'Relevance, Admissibility and Weight; Previous and Subsequent Existence of Facts; The Best Evidence Rule\\\'; \\\'Corroboration, Supporting Evidence and Related Warnings\\\'; \\\'Identification\\\'; \\\'Physical Conditions, States of Mind and Emotions\\\'' in Hodge M Malek QC (ed), Phipson on Evidence, Seventeenth edition (Sweet & Maxwell 2010)

D Erdos (ed), Charter 88 and the Constitutional Reform Movement:  Twenty Years On (Parliamentary Affairs [Special Edition] 2009)

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 Cartwright and EH Burn, Cheshire and Burn\'s Modern Law of Real Property, 17th edition (OUP 2006) [...]

Revised and re-structured edition of established text on Land Law.


ISBN: 0199285330

S Green, 'Chester v Afshar' in Jonathan Herring and Jesse Wall (eds), Landmark Cases in Medical Law ( 2014) (forthcoming)

J J W Herring, 'Child Abduction' in P. Cane and J. Conaghan (eds), The New Oxford Companion to Law (OUP 2008)

Laura Hoyano and C Keenan, Child Abuse: Law and Policy Across Boundaries (OUP 2007) [...]

This book examines the whole process of child protection from complaint investigation to prosecution in the criminal and civil courts. It provides a coherent analysis of current law and procedure across the legal and geographical boundaries within which legal discussion of child abuse is usually confined, analysing criminal, family, tort, human rights and evidence law as they bear on child abuse cases. Comparative material is drawn from over 75 jurisdictionsusing the adversarial trial model. The book was awarded the first Inner Temple Book Prize (2008). The paperback edition is updated in English law, including the Coroners and Justice Act 2009 enacted on 12 November 2009.


ISBN: 978-0-19-829946-2

Laura Hoyano and C Keenan, Child Abuse: Law and Policy Across Boundaries (OUP 2010) [...]

This book examines the whole process of child protection from complaint investigation to prosecution in the criminal and civil courts. It provides a coherent analysis of current law and procedure across the legal and geographical boundaries within which legal discussion of child abuse is usually confined, analysing criminal, family, tort, human rights and evidence law as they bear on child abuse cases. Comparative material is drawn from over 75 jurisdictionsusing the adversarial trial model. The book was awarded the first Inner Temple Book Prize (2008). The paperback edition is updated in English law, including the Coroners and Justice Act 2009 enacted on 12 November 2009.


ISBN: 978-0-19-957156-7

C Costello, 'Child Citizens & De Facto Deportation: Tender Years, Fragile Ties & Security of Residence ' in Kieran Bradley, Anthony Whelan and Noel Travers (eds), Of Courts and Constitutions: Liber Amicorum in Honour of Nial Fennelly (Hart Publishing 2014)

A Ashworth, 'Child Defendants and the Doctrines of the Criminal Law' in James Chalmers, Fiona Leverick and Lindsay Farmer (eds), Essays in Criminal Law in Honour of Sir Gerald Gordon (Edinburgh University Press 2010) [...]

An examination of the extent to which familliar requirements and defences in criminal law apply to child defendants, with or without adaptation.


ISBN: 978 0 7486 4070 6

J M Eekelaar, 'Child Endangerment and Child Protection in England and Wales' in Margaret K. Rosenheim, Franklin E. Zimring, David S. Tanenhaus and Bernadine Dohrn (eds), A Century of Juvenile Justice (University of Chicago Press 2002) [...]

Overview of child protection law and policy in England


J Morgan and L Zedner, Child Victims, Crime, Impact, and Criminal Justice (Oxford University Press 1992)

J J W Herring, 'Children's rights for grown ups' in S. Fredman and S Spencer (eds), Age as Equality (Hart Publishing 2003) [...]

chapter on children's rights


R George, 'Children's Welfare in European Perspective' in J Scherpe (ed), Research Handbook on European Family Law (Edward Elgar 2014) (forthcoming)

A S Burrows, Chitty on Contracts (30th edn, Thomson Reuters 2008)

A S Burrows, Chitty on Contracts, plus supplement 2004 (Sweet and Maxwell 2003) [...]

Practitioners' work


ISBN: 0-421-82900-1

R Stevens, 'Choice of Law for Equity: Is it Possible?' in Edelman and Degling (eds), Equity in Commercial Law (Thomson 2005)

A Kavanagh, 'Choosing Between Section 3 and 4 Human Rights Act: Judicial Reasoning after Ghaidan v. Mendoza' in H. Fenwick, G.Phillipson & R.Masterson (eds), Judicial Reasoning Under the Human Rights Act 1998 (Cambridge: Cambridge University Press 2007)

J S Getzler, 'Citation and the authority of opinions in Roman and Jewish law: The snake oven revisited' in J Hallebeek, M Schermaier, R Fiori, E Metzger & J-P Coriat (eds), Inter cives necnon peregrinos: Essays in honour of Boudewijn Sirks ( 2014) [...]

An historical study, in honour of Boudewijn Sirks on his retirement, of canons of citation and authority of legal arguments,drawing from ancient Jewish traditions of religious jurisprudence adjacent to late imperial Roman law principles of juridical authority. It begins with the notorious Lex Citandi, the "Law of Citations", also known as the "lex de responsis prudentium", found in the Theodosian Code 1.4.3,later to be replaced by the Justinianic rules of equality of argument. The main part of the paper then looks closely at majoritarian principles in halakhah or Jewish law as preserved in the classical Mishnaic and Talmudic texts. The contrast between the Roman and Jewish systems raises the question whether legal decision-making, involving the sifting and weighing of authorities, is itself a morally important act, or merely a machinery administered by technical experts, of limited spiritual virtue. This is a different problem to the content question — whether the law that binds subjects has any necessary connection to the moral purposes that we pursue in our private and public lives. The ancient jurisprudence suggests a regard for the moral content of the adjudicative process itself.


ISBN: 13: 978-3847103028

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 2014) (forthcoming)

P Eleftheriadis, 'Citizenship and Obligation' in Julie Dickson and Pavlos Eleftheriadis (eds), Philosophical Foundations of European Union Law (Oxford University Press 2012)

C Costello, 'Citizenship of the Union: Above Abuse?' in Rita de la Feria & Stefan Vogenauer (eds), Prohibition of Abuse of Law: A New General Principle of EU Law (Hart Publishing 2011)

N. W. Barber, 'Citizenship, Nationalism and the European Union' in M. Inglesias (ed), Globalisation, Democracy and Citizenship (Humbolt 2003)

D J Galligan, 'Citizens’ Rights and Participation in the Regulation of Biotechnology' in F. Francioni (ed), The Impact of Biotechnologies on Human Rights (European University Institute 2005)

A Briggs, Civil Jurisdiction and Judgments, 4th edition (Informa/Lloyds of London Press 2005)

A Briggs, Civil Jurisdiction and Judgments, Fifth Edition (P J Rees (no authorial role), informa 2009) [...]

The law on civil jurisdiction and the recognition of judgments


ISBN: 9781843118152

A Briggs, Civil Jurisdiction and Judgments, Third Edition (Peter Rees, Informa/Lloyds of London Press 2002) [...]

Third edition of text on civil jurisdiction and the recognition and enforcement of judgements in English Law.


ISBN: 1-85978-374-0

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, 'Civil Remedies for International Crimes' in Cassese, Akande, et al. (eds), Oxford Companion to International Criminal Justice (OUP 2009)

I Loader and N Walker, Civilizing Security (Cambridge University Press 2007)

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.


ISBN: 978-0-19-965775-9

A S Burrows, Clerk and Lindsell on Torts (20th edn, Thomson Reuters 2010)

A S Burrows, Clerk and Lindsell on Torts: Annual Supplements 2001, 2002, 2003, 2004 (Sweet and Maxwell 2002) [...]

Practitioners' work


ISBN: 0-421-79580-8

H Collins, 'Closure and Openness - Reasoning in the Law of Contract and the Social Construction of Markets' in Tanese (ed), Principles of Contract and Practice of Contracts ( 1999)

J J W Herring, 'Co-parenting' in P Cane and J Conaghan (eds), The New Oxford Companion To Law (OUP 2008)

J Armour, 'Codification and UK Company Law' in Association du Bicentenaire du Code du Commerce (ed), Bicentenaire du Code de Commerce 1807-2007: Les Actes des Colloques (Dalloz 2008)

D Leonardi, Damian Tambini and Christopher Marsden, Codifying Cyberspace: Communications Self-Regulation in the Age of Internet Convergence (Routledge 2007)

G Lamond, 'Coercion' in Dennis Patterson (ed), A Companion to Philosophy of Law and Legal Theory (2nd edition) (Wiley-Blackwell 2010) [...]

DOI: 10.1002/9781444320114.ch46

This article provides an overview of the key philosophical issues raised by the nature of coercion. It distinguishes two methods of coercion (physical force and ‘rational’ compulsion–paradigmatically by threats); and distinguishes coercion as a means of making someone act from coercion as a means affecting the normative position of the coerced party (‘duress’). It surveys analyses of what makes a proposal a threat, whether offers can be coercive, and why rational compulsion is per se morally problematic (if it is). It suggests that while all forms of rational compulsion have a common core, the conditions for duress depend on additional situation specific features (e.g. duress as a criminal law defence versus duress as a vitiating factor in agreements or marriage). It goes on to consider the sense(s) in which law can be regarded as coercive, and whether coercion is a necessary feature of law.


ISBN: 9781405170062

G Lamond, 'Coercion' in Hugh LaFollette (ed), International Encyclopedia of Ethics (Wiley-Blackwell 2013) [...]

DOI: 10.1002/9781444367072.wbiee696

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 as opposed to coercion by the creation of a "forced choice"; (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

G Lamond, 'Coercion, Threats, and the Puzzle of Blackmail' in A.P. Simester and A.T.H. Smith (eds), Harm and Culpability ( 1996) [...]

DOI: 10.1093/acprof:oso/9780198260578.001.0001

This paper discusses the puzzle of blackmail, i.e. the way in which the threat of an otherwise legally permissible action can in some cases constitute blackmail. It argues that the key to understanding blackmail is in terms of coercion and threats, and the effect such threats have on the validity of a victim’s consent. The nature of coercion and of coercive threats is considered in detail to support the thesis that threats are prima facie impermissible, though often justified all-things-considered. The puzzle of blackmail arises due to the fact that the law rarely has regard to an agent’s motives in acting, whereas this is the focus of the puzzling cases.


ISBN: 0198260571

M R Macnair, 'Coke v Fountaine (1676)' in Charles Mitchell & Paul Mitchell (eds), Landmark Cases in Equity (Hart 2012) [...]

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.


ISBN: 9781849461542

C Hodges, 'Collective Actions' in P Cane and H Kritzer (eds), The Oxford Handbook of Empirical Legal Research (Oxford University Press 2010)

A Tzanakopoulos, 'Collective Security and Human Rights' in E de Wet, J Vidmar (eds), Hierarchy in International Law - The Place of Human Rights (Oxford University Press 2012) [...]

DOI: 10.1093/acprof:oso/9780199647071.003.0003

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.


ISBN: 978-0-19-964707-1

R Stevens, 'Comment and Discussion Report' in L Gullifer (ed), Current Issues in European Financial and Insolvency Law: Perspectives from France and the UK (OUP 2009)

D Leczykiewicz, 'Commentary on Article 281 EC (legal personality of the European Community)' in A Wróbel (ed), Komentarz. Traktat ustanawiający Wspólnotę Europejską. Volume III (Kluwer International Warsaw 2009)

Heiner Bielefeldt, N Ghanea and Michael Wiener, Commentary on Freedom of religion or belief (Oxford University Press, under contract 2015)

S Vogenauer and J Kleinheisterkamp (eds), Commentary on the UNIDROIT Principles of International Commercial Contracts (PICC) (Oxford University Press 2009) [...]

The Commentary on the UNIDROIT Principles of International Commercial Contracts (ccxxx + 1319 pp) is written by an international team of distinguished academics and practitioners. They offer an article by article commentary on the Principles to provide an accessible guide to the existing case law and legal literature, as well as a comparison with national and international legislation. The UNIDROIT Principles of International Commercial Contracts set forth rules of general contract law for the use by merchants and business people in cross border transactions. Since their first publication in 1994 the Principles have proved to be a serious alternative to national contract laws in international disputes decided by arbitral tribunals, such as those administered by the International Chamber of Commerce (ICC). At the same time, they have been accepted as a model for reforming the laws on international contracts by countries such as Russia, China, Estonia, and Lithuania. This book provides commentary on the substantive rules on contracts with a comprehensive analysis of each provision. As a result, this book aims to increase understanding of the rules governing international commercial contracts and aid the practical application of the Principles.


ISBN: 978-0-19-929175-5

J Raz, 'Comments and Responses' in L.H. Meyer, S.L. Paulson & T.W. Pogge. (eds), Rights, Culture, and the Law: Themes from the Legal and Political Philosophy of Joseph Raz (Oxford University Press 2003)

A V Lowe and others, 'Comments on Chapters 16 and 17' in M. Byers & G. Nolte (eds), United States Hegemony and the Foundations of International Law (Cambridge University Press 2003)

E McKendrick, 'Commerce' in W Swadling (ed), The Quistclose Trust: Critical Essays (Hart 2004) [...]

An essay examining the decision of the House of Lords in Quistclose from the perspective of a commercial lawyer


ISBN: 1 84113 412 0

Roy Goode, Commercial Law (Fully revised by Ewan McKendrick, 4th edn, Lexis Nexis (hardback); Penguin Books (paperback) 2009)

A S Burrows and others (eds), Commercial Remedies (OUP 2003) [...]

Edited papers from Norton Rose -Oxford Law Colloquium 2002


ISBN: 0-19-926465-1

W E Peel and Andrew Burrows (eds), Commercial Remedies (Oxford University Press 2003) [...]

Edited collection of essays, responses and conference discussionconcerned with current issues and problems in the law of remedies


ISBN: 0-19-926465-1

G Dinwoodie, 'Commitments to Territoriality in International Copyright Scholarship' in Paul Brugger (ed), Copyright -- Internet World (ALAI-Suisse 2003)

J M Finnis, 'Commonwealth and Dependencies' in Halsbury's Laws of England, 4th edn. (Lexis Nexis UK 2003) [...]

Title in Halsbury's Laws of England, vol. 6 reissue.


ISBN: 406961662

J Roberts and E. Erez, 'Communication in Sentencing: Exploring the Expressive and the Impact Model of Victim Impact Statements' in C. Hoyle (ed), Restorative Justice (London: Routledge 2009)

P P Craig, 'Community Administration, History, Typology and Accountability' in M D’Alberti (ed), Le nuove mete del diritto amministrativo (Il Mulino 2010)

D Wyatt, 'Community Competence to Regulate Medical Services' in Dougan and Spaventa (eds), Social Welfare and EU Law (Hart Publishing 2005) [...]

The writer considers the extent to which the EC Treaty applies to the provision of medical services, and refers inter alia to case law of the Court of Justice which holds that hospital services provided within the framework of national social security schemes fall within the freedom to provide services. The writer examines the extent to which treating such medical services as falling within the internal market brings with it the possibility of regulation by the Community institutions under Article 95 EC, notwithstanding the fact that the title on Public Health excludes the possibility of harmonisation.


ISBN: 1-84113-490-2

D Wyatt, 'Community Competence to Regulate the Internal Market' in Michael Dougan and Samantha Currie (eds), 50 YEARS OF THE EUROPEAN TREATIES (SSRN - Oxford Legal Studies Research Paper No. 9/2007; Hart Publishing, Oxford and Portland, Oregon, Chapter 5, pp. 93-136 2009) [...]

The claim of the Court of Justice in the Tobacco Advertising case that the Community institutions lack a general competence to regulate the internal market does not withstand critical examination. The Tobacco Advertising case contained both competence restricting and competence enhancing elements. The principal competence restricting elements were (a) that obstacles to trade could be addressed by removal of the obstacles, but not by a ban on the subject matter of the trade; (b) that harmonisation could only be justified by distortions of competition if those distortions were appreciable; (c) that in principle all provisions of a contested internal market measure must contribute to the internal market aims of the measure in question. The principal competence enhancing element was the proposition that a measure which makes some contribution to the internal market may be adopted as an internal market measure even if its main aim is public health protection; despite the fact that harmonisation of public health requirements is in principle ruled out by the Treaty. A further competence enhancing element was that the Court adopted an impressionistic approach to assessment of the requirement that distortions of competition must be appreciable if they were to justify harmonisation, leaving open the possibility that this requirement might be relaxed or sidestepped by the lawmaking institutions. The competence restricting elements of the Tobacco Advertising case have been contradicted or eroded by subsequent case law, such as the British American Tobacco case, and the Swedish Match case. After the latter case, obstacles to trade can be addressed by simply banning the trade. After the British American Tobacco case, it seems that hypothetical obstacles to trade, resulting from disparities between national labelling rules, can be addressed by eliminating the disparities in question, even if this makes no contribution to cross border trade in the products in question. In the Leitner case, the Court confirms that its approach to the requirement adopted in Tobacco Advertising, that distortions of competition must be appreciable in order to justify harmonisation, will be an impressionistic one. And in Rundfunk the Court considers that as long as a measure makes a contribution to the internal market, it is legitimate for that measure to regulate situations which have no link at all with freedom of movement - something of a retreat from the Tobacco Advertising case, but in line with case law dating from the 1960s which gives wide reading to competence to coordinate national social security rules in order to provide freedom of movement for workers. More broadly, it is noted that Community competence has not in practice been confined to removing obstacles to trade and distortions of competition, but extended to harmonising national rules which facilitate freedom of movement and to removing differences between national rules which create uncertainty for those contemplating cross border transactions. This aspect of Community competence to regulate the internal market is potentially far reaching, and could lead to the use of such measures as instruments of general governance. This does not seem consistent with a scheme of attributed competences, nor with a system in which decisions are to be taken "as closely as possible to the citizen," in accordance with the principle of subsidiarity.


ISBN: 978-1-84113-832-9

K Baker, 'Community Services for Children and Young People' in G. Towl and D. Crighton (eds), Forensic Psychology (Wiley-Blackwell 2010)

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?


J Armour, 'Companies and Other Associations' in Andrew Burrows (ed), English Private Law ( 2007)

J S Getzler and Jennifer Payne (eds), Company Charges: Spectrum and Beyond (Oxford University Press 2006) [...]

This volume draws together the views of some prominent figures in corporate law and finance regarding the law on fixed and floating charges. The focus for the book is the litigation in the case of Spectrum Plus, which culminated in a House of Lords judgment in June 2005 ([2005] UKHL 41).This decision has important commercial implications, not only for the parties in the case but also for the business community at large, including banks and other lenders, and practitioners in corporate finance and insolvency. The litigation also raises important juristic questions regarding the fixed/floating charge divide such as the theoretical basis for that divide, how the divide is determined, why it exists at all and whether it ought to be maintained as a coherent doctrine and a beneficial policy. The decision also has important ramifications in both security law and insolvency law and it provides a challenge to some of our most basic conceptions of freedom of contract and the assignability of rights and assets in law and equity.These issues, amongst others, are explored by the contributors to this book. The contributors include Gabriel Moss, who was one of the QCs involved in the Spectrum litigation, Sir Roy Goode, Michael Bridge, John Armour, Robert Stevens, Sarah Worthington, Julian Franks and Oren Sussman, Jenny Payne and Louise Gullifer, Philip Wood, Joshua Getzler, Look Chan Ho and Nicholas Frome.


ISBN: 0-19-929993-5

J Payne and Joshua Getzler (eds), Company Charges: Spectrum and Beyond (OUP 2006)

WG Ringe and U Bernitz (eds), Company Law and Economic Protectionism - New Challenges to European Integration (OUP 2010) [...]

The financial crisis has brought about a revival of state protectionism across the globe. Most Western leaders have made a virtue of big government and state intervention; bail-outs and Sovereign Wealth Funds have been among the first responses to the economic contraction. Company law rules are one of the instruments frequently used to restrict or to discourage integration or to deter foreign investment. Examples for the new protectionism can be seen in a wide range of legislative and regulatory measures, for instance state measures preventing foreign takeovers, 'golden shares' or laws on foreign direct investment targeting Sovereign Wealth Funds, mainly from Asia. This book presents timely research by a number of company law and EU law experts into this field of law. The chapters cover a broad range of topics, spanning from takeovers/mergers over the one share-one vote debate through to the foreclosure of markets against Sovereign Wealth Funds.


J S Getzler, 'Company Law: English Common Law' in S N Katz (ed), The Oxford International Encyclopedia of Legal History (Oxford University Press 2009)

A S Burrows, 'Comparing Compensatory Damages in Contract and Tort: Some Problematic Issues ' in Degeling, Edelman and Goudkamp (eds), Torts in Commercial Law (Thomson Reuters 2011)

J Cartwright, 'Compensatory Damages: Some Central Issues of Assessment' in A Burrows and E Peel (eds), Commercial Remedies: Current Issues and Problems (OUP 2003) [...]

Assessment of the recent approaches of the courts (and in particular the House of Lords) to the assessment of damages for breach of contract. Publishing contributions to colloquium.


ISBN: 0 19 926465 1

S R Weatherill, 'Competence' in De Witte (ed), Ten Reflections on the Constitutional Treaty for Europe. (EUI, Robert Schuman Centre. 2003)

S R Weatherill, 'Competence and Legitimacy' in C. Barnard and O. Odudu (eds), The Outer Limits of European Union Law (Hart Publishing 2009)

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 Autonomy of the Member States (Intersentia 2012)

H Collins, 'Competing Norms of Contractual Behaviour' in D. Campbell and P. Vincent-Jones (eds), Contract and Economic Organisation (Dartmouth 1996)

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)

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)

D J McBarnet, 'Compliance, ethics and responsibility: emergent governance strategies in the US and UK' in S Krishna (ed), Corporate ethics (ICFAI University Press 2009)

P S Davies, 'Complicity' in M Dyson (ed), Unravelling Tort and Crime (CUP 2014) (forthcoming)

M Jackson, Complicity in International Law (OUP (Oxford Monographs in International Law) 2015)

L Gullifer, 'Compulsory Central Clearing of OTC Derivatives: The Changing Face of the Provision of Collateral ' in Louise Gullifer and Stefan Vogenauer (eds), English and European Perspectives in Contract and Commercial Law (Hart Publishing 2014) (forthcoming) [...]

The EU Regulation introducing compulsory central clearing in Europe (‘EMIR’), takes an ambivalent attitude towards collateral. On one hand, it makes the provision of collateral to central counterparties (‘CCPs’) compulsory, in order to protect CCPs from credit risk if their counterparties default. On the other hand, it mandates particular collateral holding models, in order to protect counterparties from the risk of CCP insolvency, and to protect clients from the risk of their clearing broker’s insolvency. This paper critically examines the EMIR rules for the provision of collateral,as well as some of the market solutions to the new regime, analyses the legal position of each under English law and the resulting mix of risks and protections offered by each technique.


M R Macnair, 'Comyns, Sir John (c.1667–1740)' in Oxford Dictionary of National Biography (Oxford University Press 2004) [...]

Oxford DNB biographical outline of Sir John Comyns, Chief baron of the Exchequer (revise of existing old DNB text)


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)

A Ashworth, Conceptions of Overcriminalization (5, Ohio State Journal of Criminal Law 2008) [...]

Re-assessment of Kadish's work on criminalization, and proposal of further principles.


ISBN: ISSN 1546-7619

L Green, 'Concepts of Equity in Taxation' in A Maslove (ed), Fairness in Taxation: Exploring the Principles (University of Toronto Press 1993)

D Leczykiewicz, 'Conceptualising Conflict between the Economic and the Social in EU Law after Viking and Laval' in M Freedland and J Prassl (eds), Viking, Laval and Beyond (Hart Publishing Oxford 2014)

E De Wet and J Vidmar, 'Conclusions' in E De Wet, J Vidmar (eds), Hierarchy in International Law: The Place of Human Rights (Oxford University Press 2012)

G Dinwoodie, 'Concurrence and Convergence of Rights: The Concerns of the U.S. Supreme Court' in Grosheide & Brinkhof (eds), Crossing Borders: Between Traditional and Actual (Hart Publishing 2005)

F Pirie and T. Huber (eds), Conflict and social order in Tibet and Inner Asia (Leiden: Brill 2008)

S Douglas-Scott, 'Conflict of Laws' in Charlesworth's Business Law (Sweet and Maxwell 1991)

A Briggs, 'Conflict of Laws and Commercial Remedies' in eds Burrows and Peel (eds), Commercial Remedies: Current Issues and Problems (Oxford University Press 2003) [...]

Examination of the rules of the conflict of laws on commercial remedies and analysis of the need for and direction of reform


ISBN: 199264651

European Max Planck Group on Conflict of Laws etc, Conflict of Laws in Intellectual Property: The CLIP Principles and Commentary (Oxford University Press 2013)

E J F Simpson, 'Conflicts' in Peter Birks and Arianna Pretto (eds), Breach of Trust (Hart Publishing 2002)

G Dinwoodie, 'Conflicts and International Copyright Litigation: The Role of International Norms' in Intellectual Property in the Conflict of Laws ( 2005)

I Papanicolopulu and T. Scovazzi (eds), Conflitti armati e situazioni di emergenza: la risposta del diritto internazionale. Relazioni al ciclo di conferenze tenuto nell’Università di Milano-Bicocca (marzo-aprile 2006) (Giuffrè Editore 2007)

J J W Herring, 'Connecting Contact' in Children and Their Families (Hart Publishing 2003) [...]

Discussion of law on contact


J Payne, 'Consent' in P Birks and A Pretto (eds), Breach of Trust (Hart Publishing 2002)

L Green, 'Consent and Community' in J Raz (ed), Authority (Blackwell 1991)

L Green, 'Consent and Community' in P Harris (ed), On Political Obligation (Routledge 1990)

M Chen-Wishart, 'Consideration, Practical Benefit and the Emperor’s New Clothes' in Beatson and Friedmann (eds), Good Faith and Fault in Contract Law (Oxford University Press 1995)

J C McCrudden, 'Consociationalism, Equality and Minorities in the Northern Ireland Bill of Rights Debate: The Role of the OSCE High Commissioner on National Minorities' in J. Morison, K. McEvoy and G. Anthony (eds), Judges, Transition and Human Rights Cultures (OUP 2007) [...]

Book chapter considering the relationship between consociationalism and international human rights law, using recent events in Northern Ireland as a case study.


ISBN: 978-0-19-920493-9

S Douglas-Scott, Constitutional and Institutional Law of the European Union Study Guide (University of London 2000)

S R Weatherill, 'Constitutional Issues - How much is best left unsaid?' in S. Vogenauer and S. Weatherill (eds), The Harmonisation of European Contract Law: Implications for European Private Laws, Business and Legal Practice (Hart Publishing 2006)

S Douglas-Scott, Constitutional Law of the European Union (Longman's 2002)

S Douglas-Scott, Constitutional Law of the European Union (2nd edition) (Pearson Longman 2014) (forthcoming)

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)

A Kavanagh, Constitutional Review under the UK HRA 1998 (Cambridge: CUP 2009)

P Eleftheriadis, Constitutionalism and Political Values: The Normative Presuppositions of Constitutional Law [In Greek] (Sakkoulas, Athens 1999)

K S Ziegler and others, 'Constitutionalism and the Role of Parliaments' in K Ziegler, D Baranger and AW Bradley (eds), Constitutionalism and the Role of Parliaments (Oxford, Hart Publishing 2007)

K S Ziegler and others (eds), Constitutionalism and the Role of Parliaments (Oxford, Hart Publishing 2007)

A S Burrows, 'Construction and Rectification' in Burrows and Peel (eds), Contract Terms (OUP 2007)

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)

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, Consumer ADR in Europe (Hart Publishing, Oxford (Civil Justice Systems) 2012)

Simon Whittaker, 'Consumer Law and the Distinction between Public and Private Law' in J.-B. Auby and M. Freedland (eds), La distinction du droit public et du droit privé: regards français et britanniques/ The Public Law/Private Law Divide: une entente assez cordiale (Ed. Panthéon Assas 2004) [...]

A brief article exploring how consumer protection relates to the distinction between public and private law (with reference to French and English law)


ISBN: 2-913397-28-X

I Benöhr and H.-W. Micklitz, 'Consumer Protection and Human Rights' in G. Howells, I. Ramsay, T. Wilhelmsson (eds), Handbook of Research on International Consumer Law (Edward Elgar Publishing 2010)

S R Weatherill and others, Consumer Protection Law (Ashgate Publishing Company 2005)

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)

J M Eekelaar, 'Contact and Adoption Reform' in Andrew Bainham, Bridget Lindley, Martin Richards (eds), CHILDREN AND THEIR FAMILIES: CONTACT, RIGHTS AND WELFARE (Hart Publishing 2003) [...]

Analysis of recent adoption reforms.


ISBN: 1-84113-253-5

I Loader and R Sparks, 'Contemporary Landscapes of Crime, Order and Control: Governance, Risk and Globalization' in M Maguire, R Morgan and R Reiner (eds), The Oxford Handbook of Criminology (4th Edn) (Oxford University Press 2007)

I Loader and R Sparks, 'Contemporary Landscapes of Crime, Order and Control: Governance, Risk and Globalization' in M Maguire, R Morgan and R Reiner (eds), The Oxford Handbook of Criminology (3rd Edn) (Oxford University Press 2002)

H Snijders and S Vogenauer (eds), Content and Meaning of National Law in the Context of Transnational Law (Sellier European Publishers 2009)

H Collins, 'Contract and Legal Theory' in W. Twining (ed), Legal Theory and Common Law (Blackwell 1986)

M Chen-Wishart, Contract and Reciprocity: The Hochelaga Annual Lectures of the Hong Kong University Law Faculty (Hochelaga 2011)

W E Peel and Andrew Burrows (eds), Contract Formation and Parties (OUP 2010) [...]

A collection of essays on the 'formation process' and 'third parties' based on the papers presented at the Oxford-Norton Rose Law Colloquium, September 2009


ISBN: 978-0-19-958370-6

E McKendrick, Contract Law (Palgrave Macmillan 2003) [...]

This is the fifth edition of my textbook on the law of contract which is now widely used in English universities and in other common law jurisdictions. Explores the underlying themes and explains the basic rules of English contract law. Also introduces the reader to the current debates about the nature, scope and functions of the law of contract and discusses the wider controversies which surround some of the central doctrines of contract law.


ISBN: 1-4039-1225-4

M Chen-Wishart, Contract Law (OXford University Press 2005)

M Chen-Wishart, Contract Law (4th ed, Oxford University Press 2012)

M Chen-Wishart, Contract Law, 2nd ed (Oxford University Press 2008)

M Chen-Wishart, Contract Law, 3rd edition (Oxford University Press 2010)

J Cartwright, Contract Law: An Introduction to the English Law of Contract for the Civil Lawyer (Hart Publishing 2007) [...]

Book designed to introduce the lawyer who is trained in a civil law jurisdiction to the common law, and to the English law of contract.


ISBN: 978 1 84113 577 9

J Cartwright, Contract Law: An Introduction to the English Law of Contract for the Civil Lawyer, 2nd edn (Hart Publishing 2013) [...]

Second edition of book designed to introduce English contract law to lawyers with a civil law background.


ISBN: 9781849464796

E McKendrick, Contract Law: Text, Cases and Materials (Oxford University Press 2003) [...]

A textbook which seeks to analyse the law of contract in a transactional and a transnational context. Book consists of approximately 1/3 text and 2/3 cases and materials. Covers all aspects of the undergraduate syllabus.


ISBN: 0-19-925076-6

E McKendrick, Contract Law: Text, Cases and Materials (OUP 2005)

Simon 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

A S Burrows and others (eds), Contract Terms (OUP 2007) [...]

Essays from Norton Rose-Oxford colloquium


ISBN: 978-0-19-922937-6

A S Burrows and C Busch, 'Contract Terms in favour of Third Parties' in Gerhard Dannemann and Stefan Vogenauer (eds), The Common European Sales Law in Context (OUP 2013)

Guenter Treitel, 'Contract: General Rules' in Peter Birks (ed), English Private Law (OUP 2002) [...]

The supplement discusses the principal developments in the English law of contract since the publication of the Main Work in 2000


ISBN: 0-19-924754-4

Simon Whittaker, 'Contracts for Services in English Law and in the DCFR' in R. Zimmermann (ed), Service Contracts (Mohr Siebeck 2010) [...]

This article explains and assess the category of 'contracts for services' in English law and its relationship to other contracts. It then compares this to the approach taken by the Draft Common Frame of Reference


Simon Whittaker, 'Contracts which harm third parties: English law' in L. Vacca (ed), Gli effetti del contratto nei confronti des terzi nella prospettiva storico-comparatistica (Giappichelli, Torino 2001) [...]

This article looks at the ways in which English law may be said to harm or burden third parties to contracts (or similar devices) through the use of particular doctrines, such as restrictive covenants or the tort of inducing breach of contract. It then looks briefly at the relationship between breach of contract and breach of trust from this perspective.


ISBN: 88-348-1079-1

E McKendrick, 'Contracts, bailment, contracts of hire' in Chitty on Contracts (29th edn.) (Sweet and Maxwell 2004)

A Briggs, 'Contractual Agreements on Choice of Law' in Burrows & Peel (eds), Contract Terms (OUP 2007) [...]

Analysis of the extent to which it is possible to draft and enforce agreements on choice of law, which goes beyond the simple choice of law for contacts.


C Redgwell, 'Contractual and Treaty Arrangements Supporting Large European Transboundary Pipeline Projects: Can Adequate Human Rights and Environmental Protection Be Secured? ' in M. Roggenkamp, L. Barrera-Hernandez, D. Zillman and I. del Guayo (eds), Energy Networks and the Law: Innovative Solutions in Changing Markets (Oxford University Press 2012) [...]

This book investigates the challenges that face governments engaged in this renewal, particularly since in many cases these networks are, by necessity, international. The construction of new networks always involves the application of planning and environmental laws, and the complications these pose only increase as networks pass through the territory of several different countries. This book analyzes the evolution of this area from several angles, both geographical and legal. The authors combine knowledge and expertise from a variety of sources and backgrounds to present an invaluable overview of the regulatory developments and perspectives that shape the legal frameworks in which governments develop these networks, and the way in which account must be taken of new sources of energy by law-makers.


R Stevens, 'Contractual Aspects of Debt Financing' in A Reisberg and D Prentice (eds), Corporate Finance law in the UK and EU (OUP 2010)

M Kurkchiyan and Doreen McBarnet, 'Contractual Control: Business Regulation of Business' in Doreen McBarnet and Thomas Campbell (eds), New Corporate Accountability: Corporate Social Responsibility and the Law (Cambridge: Cambridge University Press 2007)

D J McBarnet and Marina Kurkchiyan, 'Contractual Control: global supply chains and 'other-regulation'' in McBarnet D, Voicelescu, A, Campbell, T ( (eds), The New Corporate Accountability: Corporate Social Responsibility and the law (forthcoming) (Cambridge University Press 2007)

L Lazarus, Contrasting Prisoners\' Rights: A Comparative Examination of England and Germany (OUP 2004)

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

ISBN: 978-84-470-3981-4

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)

M Chen-Wishart, 'Controlling the Power to Agree Damages' in P Birks (ed), Wrongs and Remedies in the Twenty-First Century ( 1996)

P P Craig, 'Coping with Numbers, Voting, Enhanced Cooperation and Amendment' in H Koch, K Hagel-Sorensen, U Haltern and JHH Weiler (eds), Europe, The New Legal Realism (Djof Publishing 2010)

G Dinwoodie, 'Copyright and Free Expression: Engine or Obstacle' in Raquel Xalbarder (ed), Copyright and Freedom of Expression: Proceedings of the ALAI Study Days (Huygens Editorial 2008)

D Vaver, 'Copyright Developments in Europe: The Good, The Bad and The Harmonized' in N. Elkin-Coren & N.W. Netanel (eds), The Commodification of Information (Kluwer Law International 2002)

D Vaver, Copyright Law (Irwin Law, Toronto (2000) 2000) [...]

A text on Canadian copyright law. Shortlisted in 2003 for the Walter Owen Book Prize Award for outstanding new contributions to Canadian legal literature. The text is frequently cited in academic writing, and has also been favourably cited in Canadian courts, including the important decision of the Supreme Court of Canada in Law Society of Upper Canada v CCH Ltd (2004).


ISBN: 1-55221-034-0

D Gangjee, 'Copyright: India' in P E Geller (ed), International Copyright Law and Practice (Lexis: Matthew Bender- 2012) [...]

[Annual contribution] Formerly by S. Ramiah


D J McBarnet, P Schmidt and J Taylor, 'Corporate Accountablity through creative enforcement: human rights, the Alien Tort Claims Act and the limits of legal impunity' in D McBarnet, A Voiculescu, T Campbell (eds), The New Corporate Accountability: Corporate Social Responsibility and the law (Cambridge University Press 2007)

J Payne, 'Corporate Attribution and the Lessons of Meridian' in P Davies and J Pila (eds), The Jurisprudence of Lord Hoffmann: A Festschrift for Leonard H Hoffmann ( Hart Publishing 2014) (forthcoming)

P Davies, 'Corporate Boards in the United Kingdom' in Paul Davies, Klaus Hopt, Richard Nowak, Gerard Van Solinge (eds), Corporate Boards in Law and Practice ( 2013) [...]

This is the UK national report for Corporate Boards in Law and Practice (qv)


ISBN: 978-0-19-870515-4

L Gullifer and J Payne, Corporate Finance Law: Principles and Policy (Hart Publishing 2011)

J C McCrudden, 'Corporate Social Responsibility and Public Procurement' in Doreen McBarnet, Aurora Voiculescu, Tom Campbell (eds), The New Corporate Accountability: Corporate Social Responsibility and the Law (Cambridge University Press 2007) [...]

A study of the interconnections between the use of procurement for achieving social policy outcomes by government and the growth of Corporate Social Responsibility


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)

M Kurkchiyan and D McBarnet, 'Corporate social responsibility through contractual control? Global supply chains and ‘other-regulation’' in D McBarnet, A Voiculescu, T Campbell (eds), The New Corporate Accountability: Corporate Social Responsibility and the Law (Cambridge University Press 2007)

D J McBarnet and Patrick Schmidt, 'Corporate Social Responsibility through creative Enforcement: human rights, the Alien Tort Claims Act and the limits of impunity' in McBarnet, Voiculescu and Campbell (eds), The new corproate accountability (Cambridge University Press 2007)

D J McBarnet, 'Corporate Social Responsibility: beyond law, through law, for law: the new corporate accountability' in D McBarnet, A Voiculescu, T Campbell (eds), The New Corporate Accountability: Corporate Social Responsibility and the Law (Cambridge University Press 2007)

D D Prentice, 'Corporations, Illegality and Public Policy, Death and Bankruptcy' in H. Beale (ed), Chitty on Contract, 29th edition (Sweet & Maxwell Thomson 2004)

R Bird, 'Creating and using databases' in Creating Our Future - Proceedings of the 5th Asian Pacific Specials and Law Librarians Conference ( 1993)

P A Brand and others, Credit and Debt in Medieval England, c. 1180-c.1350 (Oxbow Books 2002) [...]

My contribution to this volume is a chapter on 'Aspects of the Law of Debt, 1189-1307' which is an attempt to provide a modern overview of the development of the law of debt during the period 1189-1307, with a particular focus on debts arising out of loans.


ISBN: 1842170732

M Hough and J Roberts, 'Crime and Criminal Justice: Exploring the Policy Options for Britain' in D Halpern, V Uberoi, I McLean and A Coutts (eds), Policy Options for Britain (Palgrave Macmillan 2009)

L Zedner and B Goold (eds), Crime and Security (Ashgate 2006) [...]

Edited volume of leading articles in the field selected and introduced by us.


ISBN: 0 7546 2600 8

I Loader, E Girling and R Sparks, Crime and Social Change in Middle England: Questions of Order in an English Town (Routledge 2000)

I Loader, E Girling and R Sparks, 'Crime and the Sense of One's Place: Globalization, Restructuring and Insecurity in an English Town' in V Ruggerio, N South and I Taylor (eds), The New European Criminology: Crime and Social Order in Europe (Routledge 1998)

D J McBarnet, Crime compliance and control (Ashgate 2004)

J J W Herring, 'Crimes against the Dead' in B.Brooks-Gordon, F. Ebtehaj, J Herring, M. Johnson, M. Richards (eds), Death Rites and Rights (Hart 2007) [...]

Discussion of offences which can be committed against corpses.


ISBN: 9781841137322

A A S Zuckerman and P Roberts, Criminal Evidence (OUP 2004)

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)

L Zedner, Criminal Justice (OUP 2004)

J Roberts and M. Grossman (eds), Criminal Justice in Canada. (Fourth Edition) (Toronto: Thomson Nelson 2011)

J Roberts (ed), Criminal Justice in Canada. Third Edition. (Thomson Nelson 2007) [...]

Abstract: This text explores a diversity of issues in criminal justice in Canada.

ISBN: 0-19-513623-3

J Roberts, Criminal Justice in Canada: An Overview (J. Roberts and M. Grossman, Toronto: Thomson Nelson. 2007)

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, Criminal Law (Macmillan 2002) [...]

Textbook on criminal law


J J W Herring, Criminal Law (OUP 2004) [...]

Criminal Law Textbook


J J W Herring, Criminal law (Palgrave 2005) [...]

textbook on criminal law


ISBN: 10: 1-4039-3417-7

J J W Herring, Criminal Law (OUP 2006) [...]

Textbook on criminal law


ISBN: 199289352

J J W Herring, Criminal Law (5th ed. PALGRAVE 2007) [...]

Textbook on criminal law


ISBN: 10 0230 01870X

J C N Horder, 'Criminal Law' in Peter Cane and Mark Tushnet (eds), The Oxford Handbook of Legal Studies (OUP 2003) [...]

An analysis of the different theoretical approaches to criminal law in Anglo-American writing, as compared with the approaches in writing on mainland Europe.


ISBN: 0-19-924816-8

J J W Herring, Criminal Law (Palgrave 2009) [...]

Textbook on criminal law


ISBN: 1397802302717133

John Gardner and James Edwards, 'Criminal Law' in Hugh LaFollette (ed), International Encyclopedia of Ethics (Wiley-Blackwell 2013)

J J W Herring, Criminal Law (6th Ed, Oxford University Press 2014)

J J W Herring (ed), Criminal Law Statutes (Routledge 2010) [...]

A collection of criminal law statutes.


J J W Herring (ed), Criminal Law Statutes 2009-2010 (routledge 2009) [...]

Collection of statutes


ISBN: 0145552818

J J W Herring (ed), Criminal Law Statutes 2011-2012 (Routledge 2011)

J J W Herring, Criminal Law Statutes 2012-2013 (Routledge 2012)

J J W Herring, Criminal Law, 4th ed (Oxford University Press 2010) [...]

Textbook on criminal law


ISBN: 978019 9578115

J J W Herring, Criminal Law, 5th ed (Oxford University Press 2012) [...]

Text and materials on criminal law


ISBN: 023001870X

J J W Herring, Criminal Law, 7th ed (Palgrave Mcmillan 2011) [...]

Textbook on criminal law


ISBN: 97802302875729

J J W Herring, Criminal Law, 8th ed ( 2013)

A Ashworth, 'Criminal Law, Human Rights and Preventative Justice' in Bernadette McSherry, Alan Norrie and Simon Bronitt (eds), Regulating Deviance: the Redirection of Criminalisation and the Futures of Criminal Law (Hart Publishing 2009)

J J W Herring, Criminal Law: The Basics (Routledge 2009) [...]

An introduction to criminal law


ISBN: 10-415-49132-9

J J W Herring, Criminal Law: Great Debates (2nd edn, Palgrave Macmillan 2012)

J J W Herring, Criminal Law: Text Cases and Materials (OUP 2008) [...]

A textbook on criminal law


ISBN: 9780199234325

J J W Herring, Criminal Law: Text, Cases and Materials, 2nd ed (OUP 2006)

A Ashworth, 'Criminal Procedure, Human Rights and Balance' in Thomas Elholm et al (ed), Ikke kun Straf: Festskrift til Vagn Greve (Jurist- og Okonomforbundets Forlag 2008) [...]

Critique of developments in criminal procedure in the European Court of Human Rights, notably in relation to Article 6 and self-incrimination.


ISBN: 978-87-574-1693-0

C Beaton-Wells and A Ezrachi, 'Criminalising Cartels - Why Critical Studies?' in C Beaton-Wells and A Ezrachi (eds), Criminalising Cartels: A Critical Interdisciplinary Study of an International Regulatory Movement (Hart 2010)

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.


K Laird, 'Criminalising contagion – Questioning the paradigm' in H Quirk and C Stanton (eds), Criminalising Contagion: Legal and Ethical Challenges of Disease Transmission and the Criminal Law ( 0) (forthcoming)

John 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)

R G Hood, 'Criminology and Penal Policy: the vital role of empirical research' in Anthony Bottoms and Michael Tonry (eds), Ideology, Crime and criminal Justice: a Symposium in Honour of Sir Leon Radzinowicz (Willan Publishing 2002) [...]

Discusses the importance of empirical evidence for criminological theory and criminal policy.


ISBN: 1-903240-90-5

I Loader, 'Criminology and the Public Sphere: Arguments for Utopian Realism' in P Walton and J Young (eds), The New Criminology Revisited (Macmillan 1998)

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)

R Stevens (ed), Cross Border Security and Insolvency (OUP 2001) [...]

I co-edited this book with Michael Bridge. I also contributed two chapters. Chapter 1 (the Introduction) and Chapter 11 ("The English conflict of Law Rules").


ISBN: 0 19 829921 4

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 2013)

C. Hodges, N. Creutzfeld-Banda and I Benöhr, 'Cross-border ADR' in Consumer ADR in Europe (Hart Publishing, Oxford (Civil Justice Systems) 2012)

L Zedner, 'Curfews' in Peter Cane & Joanne Conaghan (eds), The New Oxford Companion to Law (Oxford University Press 2008)

L Gullifer, Wolf-Georg Ringe and Philippe Thery (eds), Current Issues in European Financial and Insolvency Law ( 2009)

WG Ringe, L Gullifer and P Théry (eds), Current Issues in European Financial and Insolvency Law - Perspectives from France and the UK (Hart Publishing, Oxford and Portland, Oregon 2009) [...]

Recent case-law and legislation in European company and insolvency law have significantly furthered the integration of European business regulation. In particular, the case-law of the European Court of Justice and the introduction of the EU Insolvency Regulation have provided the stimulus for current reforms in various jurisdictions in the fields of insolvency and financial law. The UK, for instance, has adopted the Enterprise Act in 2002, designed, inter alia, to enhance enterprise and to strengthen the UK’s approach to bankruptcy and corporate rescue. In a similar vein, a recent reform in France has modernised French insolvency law and even introduced a tool similar to the successful English ‘company voluntary arrangement’ (CVA). This book provides a collection of studies by some of the leading English and French experts today, analysing current perspectives of insolvency and financial law in Europe, both on the national as well as on the European level.


ISBN: 978-1841139357

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)

I Papanicolopulu, T Scovazzi and G Francalanci, 'Cyprus-Egypt' in Colson & Smith (eds), International Maritime Boundaries (Martinus Nijhoff Publishers 2011)

A Braun (ed), Dalla Disgrazia al danno (Giuffré, Milano 2002)

A S Burrows, 'Damages and Rights' in Rights and Private Law (Hart 2012)

R Stevens, 'Damages and the Right to Performance: a Golden Victory or not?' in J Neyers, R Bronaugh, S Pitel (eds), Exploring Contract Law (Hart 2009)

F Pirie, 'Dancing in the face of death: Losar celebrations in Photoksar.' in M. van Beek and F. Pirie (eds), Ladakhi societies: continuity and change in anthropological perspective (Leiden: Brill. 2008)

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.


F Varese, De Russische mafia (J.M. Meulenhoff 2004)

A Dickinson and Smythe, M T, 'Dealing with the Media' in Robert Goldspink, Jeremy Cole (eds), International Commercial Fraud (Sweet and Maxwell 2002)

J J W Herring, B. Brooks-Gordan, F. Ebtehaj and M. Johnson (eds), Death Rites and Rights (Hart 2007) [...]

Socio-legal book on death


ISBN: 9781841137322

C Cunneen and C Hoyle, Debating Restorative Justice (Hart Publishing 2010)

A Briggs, 'Decision of British Courts in 2006: Private International Law' in Crawford and Lowe (eds), The British Year Book of International Law 2006 (Oxford 2007) [...]

Survey and analysis of British decisions on issues of private international law in 2006.


ISBN: 978-019-923898-9

A Briggs, 'Decisions of British Courts during 2002: Private International Law' in British Year Book of International Law (Oxford University Press 2003) [...]

Survey and analysis of English jurisprudence on private international law.


ISBN: 019-926324-8

A Briggs, 'Decisions of British Courts during 2003: Private International Law' in British Year Book of International Law (Oxford University Press 2004) [...]

Survey and analysis of decisions of English courts on all matters of private international law in 2003


ISBN: 019 926785 5

A Briggs, 'Decisions of British Courts During 2004: Private International Law' in British Year Book of International Law (Oxford University Press 2005) [...]

Survey and analysis of decisions of English courts involving questions of private international law


ISBN: 199284938

A Briggs, 'Decisions of British Courts: Private International Law' in Crawford, Lowe (eds), British Year Book of International Law 2005 (77) (Oxford University Press 2006) [...]

Analysis of decisions of British Courts on issues of private international law for 2005


ISBN: 199202761

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).


ISBN: 9780199678907

J Cartwright, 'Defects of Consent and Security of Contract: French and English Law Compared' in P Birks and A Pretto (eds), Themes in Comparative Law in Honour of Bernard Rudden (OUP 2002)

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

P S Davies, 'Defences and third parties' in A Dyson, J Goudkamp, F Wilmot-Smith (eds), The Limits of Liability: Defences in Tort Law (Hart 2014) (forthcoming)

A Dyson, J Goudkamp and F Wilmot-Smith (eds), Defences in Tort (Hart Publishing 2014)

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 Carolyn Sappideen and Prue Vines (eds), Fleming on the Law of Torts (Lawbook Co 2011)

J Goudkamp, 'Defences to Negligence' in J Murphy and C Witting (eds), Street on Torts (Oxford University Press 2012)

A Ashworth and L H Zedner, Defending the Criminal Law: Reflections on the Changing Character of Crime, Procedure and Sanctions (2, Criminal Law and Philosophy 2008) [...]

DOI: 10.1007/s11572-007-9033-2

Re-assessment of the trend away from traditional criminal law and criminal procedure, and re-assertion of the normative significance of criminal law principles and protections.


ISBN: 1871-9791

A Kavanagh, 'Deference or Defiance? The Limits of the Judicial Role in Constitutional Adjudication' in G. Huscroft (ed), Expounding the Constitution: Essays in Constitutional Theory (Cambridge: Cambridge University Press 2008)

D Vaver, 'Defining and rewarding invention: a review and a modest proposal for patent law' in P. Mirfield & R. Smith (eds), Essays for Colin Tapper (Lexis/Nexis 2003) [...]

Reviews definitions of "invention" in patent law internationally and argues that what should be patented should be more closely regulated.


ISBN: 0 406 96439 4

S J Douglas and B McFarlane, 'Defining Property Rights' in J Penner & H Smith (eds), Philosophical Foundations of Property Law (OUP 2013)

P A Brand, 'Delay in the English Common Law Courts' (Twelfth to Fourteenth Centuries)' in CH van Rhee (ed), The Law's Delay: Essays on Undue Delay in Civil Litigation (Intersentia 2004) [...]

My chapter looks in broad outline at the procedural features of civil litigation in that period which caused delay and expense to litigants, changes made to them by legislation and their broader context in contemporary attitudes that valued them as procedural safeguards for litigants


ISBN: 90-5095-388-3

D Erdos, Delegating Rights Protection: The Rise of Bills of Rights in the Westminster World (Oxford University Press 2010) [...]

Delegating Rights Protection explores bill-of-rights outcomes in four "Westminster" countries - Australia, Canada, New Zealand, and the United Kingdom - whose development exhibit an interesting combination of both commonality and difference. Comparative analysis of some thirty-six democracies demonstrates that the historic absence of a bill of rights in Westminster countries is best explained by, firstly, the absence of a clear political transition and, secondly, their strong British constitutional heritage. Detailed chapters then explore recent and much more diversified developments. In all the countries, postmaterialist socio-economic change has resulted in a growing emphasis on legal formalization, codified civil liberties, and social equality. Pressure for a bill of rights has therefore increased. Nevertheless, by enhancing judicial power, bills of rights conflict with the prima facie positional interests of the political elite. Given this, change in this area has also required a political trigger which provides an immediate rationale for change. Alongside social forces, the nature of this trigger determines the strength and substance of the bill of rights enacted. The statutory Canadian Bill of Rights Act (1960), New Zealand Bill of Rights Act (1990), and the Human Rights Act (UK) (1998) were prompted politically by a relatively weak and backward-looking 'aversive' reaction against perceived abuses of power under the previous administration. Meanwhile, the fully constitutional Canadian Charter (1982) had its political origins in a stronger, more self-interested and prospective need to find a new unifying institution to counter the destabilizing, centripetal power of the Québécois nationalist movement. Finally, the absence of any relevant political trigger explains the failure of national bill of rights initiatives in Australia. The conclusionary section of the book argues that this Postmaterialist Trigger Thesis (PTT) explanation of change can also explain the origins of bills of rights in other internally stable, advanced democracies, notably the Israeli Basic Laws on human rights (1992).


ISBN: 9780199557769

V Mayer-Schönberger, Delete: The Virtue of Forgetting in the Digital Age (Princeton University Press 2009)

H Collins, 'Democracy and Adjudication' in P.B.H. Birks and N. MacCormick (eds), The Legal Mind (Oxford University Press 1986)

J Rowbottom, Democracy Distorted (Cambridge University Press 2010) [...]

High-profile controversies surrounding the funding of political parties have shown how inequalities in wealth can enter the political process. The growth of the professional lobbying of MPs and the executive raises similar questions about money in politics. More broadly, inequalities emerge in terms of the opportunities the public have to participate in political debate. This analysis of the ways wealth can be used to influence politics in Britain explores the threat posed to the principle of political equality. As well as examining lobbying and party funding, the discussion also focuses on the ownership and control of the media, the chance to be heard on the internet and the impact of the privatisation of public spaces on rights to assemble and protest. Looking at this range of political activities, the author proposes various strategies designed to protect the integrity of British democracy and stop inequalities in wealth becoming inequalities in politics.


ISBN: 9780521700177

P Eleftheriadis, 'Democracy in the Eurozone' in WG Ringe & P Huber (eds), Legal Challenges Arising out of the Global Financial Crisis: Bail-outs, the Euro, and Regulation (Hart Publishing 2014) [...]

Abstract: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2265379

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.


ISBN: 9781849464390

L Lazarus and Natasha Simonsen, 'Democratic Deliberation and Judicial Review' in Murray Hunt (ed), Parliament and Human Rights: Redressing the Democratic Deficit (Oxford University Press 2014) (forthcoming) [...]

This chapter argues provides a model which Courts could apply in their assessment of Parliamentary deliberation of rights limiting legislation. It argues for such a transparent assessment as a prerequisite of the exercise of judicial deference.


J Vidmar, Democratic Statehood in International Law: The Emergence of New States in Post-Cold War Practice (Hart Publishing 2013)

J Vidmar, Democratic Transition and Democratic Consolidation in Slovenia (P Lang 2008)

J Hackney, 'Denials Ancient and Modern' in Andrew Burrows and Lord Rodger of Earlsferry (eds), Mapping the Law (Oxford University Press 2006) [...]

A study of the doctrine surrounding denial of title in modern English land and early modern personal property law with an account of the contrasting doctrine in Roman Law


ISBN: 0-19-920655-4

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)

J S Getzler, 'Denning, Alfred Thompson; Historical Research in Law; Keech v Sandford; Water Law' in P Cane and J Conaghan (eds), New Oxford Companion to Law (Oxford University Press 2008)

A Tzanakopoulos, 'Denunciation of the ICSID Convention under the General International Law of Treaties' in R Hofmann, CJ Tams (eds), International Investment Law and General International Law - From Clinical Isolation to Systemic Integration? (Nomos Verlagsgesellschaft 2011) [...]

Following recent denunciations of (withdrawals from) the ICSID Convention by Bolivia and Ecuador and the spate of academic commentary that followed, this paper considers denunciation from the ICSID Convention under the general international law of treaties. It is argued that self-contained interpretation of the provisions on denunciation of the ICSID Convention do not yield any compelling results, leaving contrary positions plausible. The general international law of treaties offers the decisive argument with respect to the effects of denunciation of the Convention, and helps determine whether ICSID jurisdiction can be established after the date of effective withdrawal from the Convention.


ISBN: 978-3-8329-6729-1

S Talmon, 'Der Anti-Terror-Kampf der USA und die Grundrechte' in Axel Kämmerer (ed), An den Grenzen des Staats (Duncker & Humblot 2008)

K S Ziegler and Christoph Gusy, 'Der Volksbegriff des Grundgesetzes: Ist die Position des Bundesverfassungsgerichts alternativenlos?' in Ulrike Davy (ed), Politische Integration der ausländischen Wohnbevölkerung (Baden-Baden, Nomos 1999) [...]

The meaning of the term ‘people’ in the German Constitution and the position of the German Constitutional Court


ISBN: 3-7890-6262-6

WG Ringe, 'Deviations from Ownership-Control Proportionality—Economic Protectionism Revisited' in U Bernitz and WG Ringe (eds), Company Law and Economic Protectionism (OUP 2010) [...]

In the wake of the economic crisis of 2008/09 the debate about the desirability of control-enhancing mechanisms that deviate from the traditional one-share-one-vote standard has been reinvigorated. This debate can be seen in the discourse of policy makers and academics that advocate the introduction of multiple voting rights in an attempt to curb the short-termism that is perceived by many to have provided the prevalent business incentive prior to the financial crisis. Alongside such discourse there buds a renaissance in the use of golden shares, in the hope, inter alia, of protecting European industries against Sovereign Wealth Funds from the Middle and Far East. Most of these proposals appear to be ill-advised. In the continental European context, they would reinforce the existing blockholder-dominated share structures to the detriment of minority shareholders. But even in the UK, where the possible introduction of deviations from OSOV has been advanced, these suggestions have to be greeted with reservations. The current discussion seems to leave well-established legal and economic ground actively to support protectionist market forces.


Lord Collins of Mapesbury and others, Dicey, Morris & Collins: The Conflict of Laws (Sweet and Maxwell 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


ISBN: 9780414024533

S Vogenauer, Die Auslegung von Gesetzen in England und auf dem Kontinent: Eine vergleichende Untersuchung der Rechtsprechung und ihrer historischen Grundlagen (Verlag Mohr Siebeck, Tübingen 2001) [...]

Abstract: This is a comparative and historical study of judicial approaches to statutory interpretation in England, France, Germany and the Court of Justice of the European Communities. These approaches are identified for each legal system by way of a detailed analysis of the rules and principles of construction employed in characteristic interpretative situations across various areas of law. The findings are placed in the historical and institutional contexts of the respective legal cultures. The book aims to defy conventional wisdom on the subject by identifying a basic similarity in the interpretative practices of the major European jurisdictions. Although the timing has been slightly different in each legal system, each has gone through three phases: initially a relatively broad attitude relying on notions of equity with a willingness to go beyond the text to meet new problems, followed by an emphasis on the will of the legislator and the wording of the statute, and finally a much less literalist and more purposive approach.The book combines comparative, jurisprudential and historical methodologies. Its coverage ranges from criminal law to constitutional law, tax law and EU law.

ISBN: 3-16-147605-0

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.

ISBN: 978-3-8487-0213-8

WG Ringe, Die Sitzverlegung der Europäischen Aktiengesellschaft (Mohr Siebeck 2006) [...]

With the introduction of the new legal form of the European Company Statute ('Societas Europaea') at the end of 2004, European Community lawmakers have created an instrument which enables large European firms to choose a corporate structure which is based on the same standards in all of the European Community. One special advantage of this new legal form is the simplification of cross-border restructuring, in particular the transfer of the corporation's registered office to another country. However, the statutory provisions for this transfer are relatively restrictive and do take the creditors' and shareholders' request for protection into consideration. The book studies the extent to which these newly-created regulations for the transfer of a European Company’s seat comply with the requirements of an authentic legal form of European Community law, and in particular whether or not they are compatible with the basic freedoms stipulated in the EC Treaty.


ISBN: 978-3-16-149102-3

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.


H Collins, 'Disclosure of Information and Welfarism' in R. Brownsword, G. Howells, and T. Wilhelmsson (eds), Welfarism in Contract Law (Dartmouth: Aldershot 1994)

H Collins and D. Campbell, 'Discovering the Implicit Dimensions of Contracts ' in D. Campbell, H. Collins, J. Wightman (eds), Implicit Dimensions of Contracts: Discrete, Relational, and Network Contracts (Hart Publishing 2003)

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.


H Collins, 'Discretionary Powers in Contracts' in D. Campbell, H. Collins, J. Wightman (eds), Implicit Dimensions of Contracts: Discrete, Relational, and Network Contracts (Hart Publishing 2003)

S Fredman, 'Discrimination' in P Cane and M Tushnet (eds), The Oxford Handbook of Legal Studies (OUP 2003)

S Fredman (ed), Discrimination and Human Rights: The Case of Racism (OUP 2001) [...]

Book of eight essays with introduction and one chapter by the editor. Chapters deal with the concept of equality, the rights of minority cultures, the internet, international law, EU law and remedial structures


ISBN: 0-19924603-3

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

A Tzanakopoulos, Disobeying the Security Council - Countermeasures against Wrongful Sanctions (Oxford University Press 2011) [...]

DOI: 10.1093/acprof:oso/9780199600762.001.0001

This book examines how the United Nations Security Council, in exercising its power to impose binding non-forcible measures ('sanctions') under Article 41 of the UN Charter, may violate international law. The Council may overstep limits on its power imposed by the UN Charter itself and by general international law, including human rights guarentees. Such acts may engage the international responsibility of the United Nations, the organization of which the Security Council is an organ. Disobeying the Security Council discusses how and by whom the responsibility of the UN for unlawful Security Council sanctions can be determined; in other words, how the UN can be held to account for Security Council excesses.


ISBN: 978-0-19-960076-2

S J Bright, 'Dispossession for Arrears: The Weight of Home in English Law ' in L Fox O’Mahony and J A Sweeney (eds), The Idea of Home in law: Displacement and Dispossession (Ashgate 2010) [...]

This chapter examines whether, and if so the extent to which, the processes of dispossessing a debtor of his or her home enable weight to be attached to the importance of this home to this person. The focus is upon what will be called the ‘personal home story’.


ISBN: 978-0-7546-7947-9

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)

S R Weatherill, 'Diversity between national laws in the internal market' in H. J. Snijders and E.-J. Zippro (eds), Divergences of Property Law, an obstacle to the internal market? (Sellier European Law Publishers 2006)

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


N Ghanea (ed), Does God Believe in Human Rights?, (Martinus Nijhoff 2007) [...]

Where can religions find sources of legitimacy for human rights? How do, and how should, religious leaders and communities respond to human rights as defined in modern International Law? When religious precepts contradict human rights standards - for example in relation to freedom of expression or in relation to punishments - which should trump the other, and why? Can human rights and religious teachings be interpreted in a manner which brings reconciliation closer? Do the modern concept and system of human rights undermine the very vision of society that religions aim to impart? Is a … read morereference to God in the discussion of human rights misplaced? Do human fallibilities with respect to interpretation, judicial reasoning and the understanding of human oneness and dignity provide the key to the undeniable and sometimes devastating conflicts that have arisen between, and within, religions and the human rights movement? In this volume, academics and lawyers tackle these most difficult questions head-on, with candour and creativity, and the collection is rendered unique by the further contributions of a remarkable range of other professionals, including senior religious leaders and representatives, journalists, diplomats and civil servants, both national and international. Most notably, the contributors do not shy away from the boldest question of all - summed up in the book's title. The thoroughly edited and revised papers which make up this collection were originally prepared for a ground-breaking conference organised by the Clemens Nathan Research Centre, the University of London Institute of Commonwealth Studies and Martinus Nijhoff/Brill.


ISBN: ISBN13:9789004152540

H Collins, 'Does Social Justice Require the Preservation of Diversity in the Private Laws of Member States of Europe?' in T. Wilhelmsson, E. Paunio, and A. Pohjolainen (eds), Private Law and the Many Cultures of Europe (Kluwer Law International 2007)

D Vaver, 'Does the Public Understand Intellectual Property Law? Do Lawyers?' in Faculty of Law, McGill University (eds), Meredith Lectures 2006: Intellectual Property at the Edge: New Approaches to IP in a Transsystemic World (Les Editions Yvon Blais 2007) [...]

Argues for greater comprehensibility and cohesion in IP laws, using Canadian & British examples.


ISBN: 978-2-89635-108-4

K S Ziegler, 'Domaine Resérvé' in R Wolfrum (ed), Encyclopedia of Public International Law (Oxford, OUP 2009)

A Tzanakopoulos, 'Domestic Court Reactions to UN Security Council Sanctions' in A Reinisch (ed), Challenging Acts of International Organizations before National Courts (Oxford University Press 2010) [...]

DOI: 10.1093/acprof:oso/9780199595297.003.0003

This paper attempts to trace, analyze, and justify, the reactions of domestic courts when these are faced with a challenge to domestic measures implementing Security Council sanctions regimes, in particular the regime under SCRs 1267 (1999) seq. It discusses the method in which domestic courts engage with the measures before them, as well as the standard of review they apply, and the usual outcomes of the challenge, ie abstention, low-intensity review, interpretation or annulment of the domestic measure. Interpretation and annulment of the domestic measure in particular may force the State in breach of its international obligations under the relevant SCRs and Article 25 of the UN Charter. The final section attempts to legal qualify and justify this potential breach.


ISBN: 978-0-19-959529-7

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.


ISBN: 9781849462020

A Tzanakopoulos, 'Domestic Judicial Law-Making' in CM Brölmann and Y Radi (eds), Research Handbook on the Theory and Practice of International Law-Making (Edward Elgar 2014) (forthcoming) [...]

This contribution to the Research Handbook on the Theory and Practice of International Law-Making discusses the law-making potential of domestic courts. Given the seemingly strict 'dualist' approach of international law to domestic law and domestic court decisions ('merely facts'), the paper demonstrates the modest international law-developing function of domestic courts: it first details their methods in engaging international law, and then discusses the impact of such engagement. It concludes that domestic courts may, in terms of content, fine-tune rules of international law rather than set grand principles. In terms of process, this is done by 'suggesting' the fine-tuning, rather than in any way single-handedly developing international law.


D J McBarnet, 'Doreen McBarnet and whiter than white collar crime' in S Halliday and P Schmidt (eds), Conducting law and society research: reflections on methods and practices (Cambridge 2009)

A Braun, 'Doveri di comportamento nei confronti di bambini: dalle Verkehrssicherungspflichten tedesche al duty of care inglese' in A. Braun (ed) (ed), Dalla Disgrazia al danno (Giuffré, Milano 2002)

R M Bagshaw, 'Downloading Torts: An English Introduction to On-Line Torts' in H Snijders and S Weatherill (eds), E-Commerce Law (Kluwer Law International 2003) [...]

Chapter in book


ISBN: 9041199179

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.).


E Hudson, Drafting Copyright Exceptions: An Empirical Study (Cambridge University Press 2015) (forthcoming)

J S Getzler, 'Duty of Care' in P Birks and A Pretto (eds), Breach of Trust (Hart Publishing 2002)

J J W Herring, ÈϹÊóCCÒÂÎ ÏÎËeÈÊÈ (Pretext 2011) [...]

Russian edition of book on arguing.


ISBN: 9785989950775

R Stevens, 'E-Commerce in Private International Law' in Professor Henk Snijders and Professor Stephen Weatherill (eds), E-Commerce Law: National and Transnational Topics and Perspectives (Kluwer 2003) [...]

A brief book chapter. It is ok.


ISBN: 9041199179

Richard Warner, G Dinwoodie, Harold J. Krent and Margaret Stewart, E-Commerce, the Internet and the Law, Cases and Materials (Thomson West 2007)

Roy Goode, 'Earth, Air and Space: the Cape Town Convention and Protocols and their Contribution to International Commercial Law' in Mads Andenas and Duncan Fairgrieve (eds), Tom Bingham and the Transformation of the Law: A Liber Amicorum (Oxford University Press 2009)

J S Getzler, 'Easements' in S N Katz (ed), The Oxford International Encyclopedia of Legal History (Oxford University Press 2009)

A Ezrachi, EC Competition Law, An Analytical Guide to the Leading Cases (Hart Publishing 2008)

C Costello, 'EC Immigration & Asylum Policymaking: Integrating a Role for the Oireachtas' in Gavin Barrett (ed), National Parliaments and the European Union: The Constitutional Challenge for the Oireachtas and Other Member State Legislatures (Clarus Press, Dublin 2008)

H Collins, 'EC Regulation of Unfair Commercial Practices' in H. Collins (ed), The Forthcoming EC Directive on Unfair Commercial Practices: Contract, Consumer and Competition Law Implications (Kluwer Law International 2004)

C Costello and E Brown, 'ECHR and the European Union' in U Kilkelly (ed), ECHR and Irish Law (Jordans, Dublin 2004) [...]

examines the position of the ECHR in EC law, and how the ECtHR reviews EC/ EU measures


ISBN: 0 853089264

P P Craig, 'Economic Governance and the Euro Crisis: Constitutional Architecture and Constitutional Implications' in M Adams, F Fabbrini and P Larouche (eds), The Constitutionalization of European Budgetary Constraints (Hart Publishing 2014)

AV Lowe and A Tzanakopoulos, 'Economic Warfare' in R Wolfrum (ed), Max Planck Encyclopedia of Public International Law (Oxford University Press 2012) [...]

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.


ISBN: 978-0-19-929168-7

G. Giacca, Economic, Social and Cultural Rights in Armed Conflict (Oxford University Press 2014) (forthcoming)

G. Giacca, 'Economic, Social and Cultural Rights in Occupied Territories' in A. Clapham, P. Gaeta and M. Sassòli (eds), The 1949 Geneva Conventions: A Commentary (Oxford University Press 2014) (forthcoming)

E. Riedel, G. Giacca and C. Golay (eds), Economic, Social, and Cultural Rights in International Law: Contemporary Issues and Challenges (Oxford University Press 2014) (forthcoming)

G. Giacca and T. Karimova, 'Education as a “Battleground” in Conflicts' in S. Casey-Maslen (ed), The War Report 2012 (Oxford University Press 2013)

J S Getzler, 'Edward Sugden, Baron St. Leonards' in C Matthew and B Harrison (eds), The New Dictionary of National Biography (Oxford University Press, Oxford 2004)

A J B Sirks, 'Een insana Doctorum controversia: de reservatoire clausule' in H. Dondorp e.a. (ed), Ius Romanum – Ius Commune – Ius hodiernum. Studies in honour of Eltjo J.H. Schrage on the occasion of his 65th birthday (Scientia, Aalen 2010) [...]

The clausula reservatoria in testaments allowed for later additions by way of a codicil, which would have force as if made by the testament. It caused problems, since it sometimes it counteracted dispositions of the testament. Bynkershoek was opposed to its use: only if it regulated something left open it was allowed. But the usus modernus of the Dutch Republic was very liberal and even accepted de facto revocations.


D Leczykiewicz, 'Effectiveness of EU Law Before National Courts: Direct Effect, Consistent Interpretation and Member State Liability' in A Arnull and D Chalmers (eds), Oxford Handbook of European Union Law (Oxford University Press 2015)

T Krebs, 'Eingriffskondiktion und Restitution for Wrongs im englischen Recht' in Reinhard Zimmermann (ed), Grundstrukturen eines Europäischen Bereicherungsrechts (Mohr Siebeck e.K. 2005) [...]

Abstract: English law distinguishes sharply between restitutionary claims following an unjust enrichment and claims seeking restitution of benefits obtained by committing a wrong against the claimant. The latter are now generally regarded as part of the law of wrongs. German law draws a similar line between enrichments obtained by a conscious transfer of assets from one person to another (Leistungskondiktion) and enrichments obtained ‘in another way’, often by infringing the claimant’s rights, be they proprietary or otherwise (Eingriffskondiktion). However, in contrast to English law, both claims form part of the wider law of unjustified enrichment. German writers have developed a set of criteria used to determine whether the infringement of a given right triggers a restitutionary claim. These are based on the content and purpose of the infringed right. The claim of the article is that English law would do well to follow the German lead by (a) integrating restitution for wrongs into the law of unjust enrichment and (b) developing a similar set of criteria.

ISBN: 3161485475

A J B Sirks, 'Einiges zum prekarischen Besitz' in H. Altmeppen, I. Reichard, M.J. Schermaier (eds), Festschrift für Rolf Knütel zum 70. Geburtstag (C.F. Müller 2010) [...]

Abstract: It is argued that precarium was not developed as instrument to grant common land.

ISBN: 3811439200

L Green, 'El Positivismo y la inseparabilidad del derecho y la moral' in M.E. Orellana Benada (ed), Causas Perdidas: ensayos de filosofia juridica, politica y moral (Catalonia 2010)

A Braun, 'El trust en Italia: aplicaciones en el ámbito del derecho de la persona y de la familia' in Esther Arroyo i Amayuelas (ed), El trust en el Derecho civil (Bosch, Barcelona 2007)

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 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.


C Donnelly, 'Elections' in in B Lang, G Clarke and D Pannick (eds), Administrative Court: Practice and Procedure (Sweet and Maxwell 0)

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)

J Roberts, 'Elektronisch toezicht: van toezichttechnologie naar een autonome sanctie (Electronic Monitoring: from Surveillance Technology to Autonomous Sanction).' in T. Daems, T.S. De Decker, L. Robert, and F. Verbruggen (eds), Elektronische Toezicht (Leuven: Leuven University Press. 2009)

I Loader, S Karstedt and H Strang (eds), Emotions, Crime and Justice (Hart 2011)

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)

J Freedman, Employed or Self-Employed? Tax Classification and the Changing Labour Market. (The Institute for Fiscal Studies 2001)

M R Freedland, 'Employment Law' in Bell, Boyron and Whittaker (eds), Principles of French Law (OUP 2008)

H Collins, Employment Law (2nd, Oxford University Press 2010)

M R Freedland, S Sciarra and P Davies, Employment Policy and the Regulation of Part-Time Work in the European Union: A Comparative Analysis (CUP 2004)

J M Eekelaar, 'Empowerment and Responsibility: The Balance Sheet Approach in the Principles and English Law' in Robin Fretwell Wilson (ed), Reconceiving the Family: Critique on the American Law Institute's Principles on the Law of Family Dissolution (Cambridge University Press 2006)

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)

M Bosworth (ed), Encyclopedia of Prisons and Correctional Facilties, Volume One and Two. (Sage Reference 2005) [...]

Abstract: This two volume work was awarded Best Reference 2005 by the Library Journal. I contribute some entries, as well as an introduction.

J J W Herring, 'Ending Life' in Andrew Grubb (ed), Principles of Medical Law (OUP 2011)

J M Finnis, 'Endorsing Discrimination between Faiths: A Case of Extreme Speech?' in Ivan Hare, James Weinstein (eds), Extreme Speech and Democracy (Oxford University Press 2009) [...]

An examination of the House of Lords decision in Begum's Case and its roots in Sahin v Turkey in the unanimous Grand Chamber of the European Court of Human Rights; and of the wider significance of the factual premise of the later decision.


C Redgwell, Energy Law in Europe: National, EU and International Regulation (Martha Roggenkamp, Anita Rønne, Iñigo del Guayo, 3rd edn, Oxford University Press 2014) (forthcoming) [...]

A fully updated, comprehensive review of the most important legal developments in all parts of the energy chain in the European Energy sector since the last edition, with new treatment of Poland amongst the nine key energy-producing jurisdictions •Analyses in detail the national, regional (EU) and international dimensions of energy law and policy, with separate chapters on international law affecting the energy sector and environmental law, the Energy Charter Treaty and EU regulation of the energy sector •Examines both the legal framework for the exploration and production of oil and gas, the gas and electricity sector, and the consequences of EC liberalization for these sectors, the (national) legal issues regarding the nuclear sector and the legal instruments promoting energy savings, efficiency and renewables within the framework of the Kyoto protocol •Written by a team of specialist academics and practitioners offering in-depth coverage of energy law, trade and regulation at national and international levels New to this edition •New commercially focused chapter on standard agreements in European Energy Trade •New chapter on EU External Relations in the energy sector, which serves to highlight increased cooperation in the energy field with key actors such as Russia, and to locate EU energy developments within a wider Euro-Mediterranean context •To reflect the increased emphasis on transborder cooperation, the book will include new sections in each national chapter focusing on bilateral and plurilateral cooperation within the EU context, complementing the treatment in the EU external relations chapter •New national survey chapter on Energy Law in Poland The energy sector in Europe has changed rapidly over the last few years under the influence of trends towards globalization, liberalization, competition, de-monopolization, and strengthening of regulation in the field. The new edition of this book builds on the success of the first in providing an updated overview of these important developments at both international and European levels, covering the most important principles of international law of relevance to the energy sector. A chapter dedicated to comparison of legal developments across Europe addresses the increasingly important question of whether we are heading towards an international energy market. New chapters on European Union External Energy Relations and Standard Agreements in European Energy Trade highlight growing cooperation in the energy field with major producers such as Russia, and the standards for trading energy in an integrated geographical market, including analysis of the product markets, as well as the relevant legal instruments and master agreements. The book also focuses on the implementation of the significant Energy Directives, and the constitutional and regulatory framework in the key energy-producing jurisdictions in the EU: Denmark, France, Germany, Italy, the Netherlands, Norway, Poland, Spain and the United Kingdom. The national coverage emphasises trans-border collaboration by examining bilateral and multilateral cooperation within the context of the European Union. There is also updated analysis of developments in these countries in every energy sector, including oil, gas, nuclear energy, and in response to the Kyoto protocol, to renewables and emissions, with the extent of coverage determined by the resource base of each country. Readership: Practitioners and academics specializing in the energy sector (oil companies, utilities, government, law firms) in Europe and worldwide; international organisations; energy law students; reference libraries in the UK and worldwide.


C Redgwell and L. Rajamani, 'Energy Underground: What’s International Law Got To Do With It? ' in Donald N. Zillman, Aileen McHarg, Adrian Bradbrook and Lila Barrera-Hernandez (eds), (Oxford University Press 2014) [...]

This chapter examines the international law applicable to ‘energy underground’. It considers the extent to which existing treaty and customary law, as well as soft law, are adequate for the regulation of new subsurface energy activities. It shows that existing international law and institutions have largely addressed new subsurface activities involving new transformative technologies for using energy resources. However, there are heightened concerns regarding the environmental risks and social impacts of upstream unconventional hydrocarbon extraction activities, which are reflected in public opposition and in regulatory responses. Key international regulatory gaps also remain for some aspects of energy underground, most notably with respect to the current issues regarding; firstly, transboundary movement of carbon dioxide; secondly, the seemingly intractable inter-generational issue of the long-term storage of nuclear waste and liability; and, finally, the legal status and use of shared oil and gas reservoirs.


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)

J Armour, 'Enforcement Strategies in UK Corporate Governance: A Roadmap and Empirical Assessment' in John Armour and Jennifer Payne (eds), Rationality in Company Law (Hart Publishing 2009) [...]

Shares in publicly-quoted UK companies are, similarly to those in their US counterparts, dispersed amongst many holders. The central problem of corporate governance for UK listed firms is therefore rendering managers accountable to shareholders. This paper investigates the way in which the mechanisms used to control these managerial agency problems are enforced. It provides a roadmap of the enforcement strategies employed, and a first approximation of their empirical significance. The results suggest three stylised facts about the UK corporate governance system. First, shareholder lawsuits are conspicuous by their absence. Formal private enforcement plays little or no role in controlling managers. Secondly, and contrary to leading accounts in the economic literature, it is public, rather than private, enforcement which dominates in relation to listed companies. However, the lion's share of the interventions by the relevant agencies - the Takeover Panel, the Financial Reporting Review Panel, and the Financial Services Authority - is of an informal character, not resulting in any legal action. Suasion, rather than sanction, is the order of the day. Thirdly, a simple divide between public and private enforcement fails fully to take account of the role played by institutional investors in the UK, who have engaged systematically in informal private enforcement activity. Strong informal private enforcement has historically therefore been the flipside, in the UK, of weak formal private enforcement.


ISBN: 9781841138060

S Fredman, 'Engendering socio-economic rights' in A Hellum and H Sinding Aasen (eds), Women's Human Rights: CEDAW in International, Regional and National Law (Studies on Human Rights Conventions Cambridge University Press 2013)

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)

J Roberts and Mike Hough, 'English Believe Sentences Soft and Rising.' in Penal Reform in Overcrowded Times (Oxford University Press 2001)

A C L Davies, 'English Law’s Treatment of Government Contracts: The Problem of Wider Public Interests' in J.-B. Auby and M. Freedland (eds), The Public Law/Private Law Divide: une entente assez cordiale? (Hart Publishing 2006) [...]

Discussion of some of the ultra vires problems surrounding government contracts.


ISBN: 1-84113-635-2

A Dickinson, 'English Private International Law Aspects of Provisional and Protective Measures' in Mads Andenas, Burkhard Hess (eds), Enforcement Agency Practice in Europe (British Institute of International and Comparative Law 2005)

A S Burrows, English Private Law: first and second supplements (OUP 2002) [...]

Supplement. My section is on Remedies.


ISBN: 0-19-924754-4

A Briggs, 'English Private Law: Private International Law' in Burrows (ed), English Private Law (Oxford UP 2007) [...]

English Private International Law, as part of the volume on English Private Law.


ISBN: 978-019-922794-5

G Dinwoodie and R. Dreyfuss, 'Enhancing Global Innovation Policy: The Role of WIPO and its Conventions in Interpreting the TRIPS Agreement' in Carlos Correa (ed), Research Handbook on Intellectual Property and Trade (Edward Elgar 2010)

S Vogenauer, 'Entries "Auslegung von Rechtsnormen", "Auslegung von Verträgen", "Common law", "Precedent, rule of", "Rechtswissenschaft", "Richterrecht", "Vertrag zugunsten Dritter"' in J Basedow, K Hopt and R Zimmermann (eds), Handwörterbuch des Europäischen Privatrechts (Verlag Mohr Siebeck 2009)

S Vogenauer, 'Entries "Civil Law Systems" and "Inquisitorial System"' in P Cane and J Conaghan (eds), The New Oxford Companion to Law (Oxford University Press 2008)

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)

B Goold, 'Entries for Australia, Bosnia and Herzegovina, and Yugoslavia' in L.E. Sullivan and M.R. Haberfeld (eds), Encyclopedia Of Law Enforcement (Sage Publishing 2005) [...]

Profiles on the criminal justice systems of Australia, Bosnia and Herzegovina, and Yugoslavia for the Encyclopedia Of Law Enforcement


ISBN: 0-7619-2649-6

S Talmon, 'Entries on Alien Tort Claims Act, Piracy, Ships, Recognition of States and Governments' in Peter Cane and Joanne Conaghan (eds), The New Oxford Companion to Law (Oxford University Press 2008)

A Johnston, 'Entries on ‘Sovereignty’, ‘Subsidiarity’ and ‘Supremacy’ under the E.U. Law section' in P. Cane and J. Conaghan (eds), The New Oxford Companion to Law (Oxford University Press 2008)

J S Getzler, 'Environment Law: English Common Law' in S N Katz (ed), The Oxford International Encyclopedia of Legal History (Oxford University Press 2009)

E Fisher, B Lange and E Scotford, Environmental Law: Text, Cases & Materials (OUP 2013)

E Fisher, B Lange and E Scotford, Environmental Law: Text, Cases and Materials (OUP 2013)

S Douglas-Scott, 'Environmental Rights - Taking the Environment Seriously' in Gearty and Tomkins (eds), Undertanding Human Rights (Mansell 1996)

S Douglas-Scott, 'Environmental Rights in the EU - Participatory Democracy or Democratic deficit?' in Boyle and Anderson (eds), Environmental Rights (OUP 1996)

M Bosworth, 'Epilogue' in M Bosworth and J Flavin (eds), Race, gender and punishment: From colonialism to the war on terror (Rutgers University Press 2007)

J Freedman, 'Epilogue: Establishing the foundations of tax law in UK universities' in Avery Jones, J., Harris,P., Oliver, D. (eds), Comparative Perspectives on Revenue Law: Essays in Honour of John Tiley (CUP 2008)

J C McCrudden, 'Equality' in Colin Harvey (ed), Human Rights, Equality and Democratic Renewal in Northern Ireland (Hart 2001)

J C McCrudden, 'Equality and Non-Discrimination' in David Feldman (ed), English Public Law (OUP 2004)

C Costello and E Barry (eds), Equality in Diversity: The New EC Equality Directives (ICEL / Equality Authority Dublin 2003)

J S Getzler, 'Equitable Compensation and the Regulation of Fiduciary Relationships' in P B H Birks and F D Rose (eds), Restitution and Equity Vol. 1: Resulting Trusts and Equitable Compensation (Mansfield Press/LLP, London 2000)

M J Spence, 'Equitable Defences' in Patrick Parkinson (ed), The Principles of Equity (LawBook Co 2002)

J S Getzler, 'Equity' in H M Kritzer (ed), Legal Systems of the World: A Political, Social and Cultural Encyclopaedia (ABC-Clio, Santa Barbara 2002) [...]

Analysis of theory and history of equity, in ancient law and modern common law.


ISBN: 1576072312

E Palser, 'Equity' in Sean Butler (ed), Discovery the Law (Law Matters Publishing 2006)

P S Davies and G Virgo, Equity and Trusts: Text, Cases, and Materials (OUP 2013)

J Cartwright, 'Equity's Connivance in the Evasion of Formalities' in E. Koops and W.J. Zwalve (eds), Law & Equity: Approaches in Roman Law and Common Law ( 2014) [...]

Examination of the consequences of the failure to comply with formality requirements in property transactions in English law, and comparisons with Roman law.


ISBN: 978900426219-5

M 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)

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.


ISBN: 978-1-84946-124-5

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 N Mirfield and others, Essays for Colin Tapper ( 2003)

John Gardner, 'Ethics and Law' in John Skorupski (ed), The Routledge Companion to Ethics (Routledge 2010)

J Raz, Ethics in the Public Domain (Oxford University Press 1994)

J Raz, Ethics in the Public Domain (Editorial Gedisa (Spain) 2001) [...]

Translation


J Raz, Ethics in the Public Domain (CID Mentenegro 0) [...]

Translation


J Raz, Ethics in the Public Domain (Jiangsu People's Press (China) 2007) [...]

Translation


D Roser and C. Seidel, Ethik des Klimawandels (Wissenschaftliche Buchgesellschaft 2013)

C E Parau, EU Accession Conditionality and Transnational Networks: The Case of Romania (Open Book Publishers at Cambridge University 0)

P P Craig, EU Administrative Law (2nd, OUP 2012)

P P Craig, 'EU Administrative Law and Tradition ' in M Ruffert (ed), Administrative Law in Europe: Between Common Principles and National Traditions (Europa Law Publishing 2013)

A Ezrachi, EU Competition Law - An Analytical Guide to the Leading Cases (Hart Publishing 2014) [...]

This is the fourth edition of the highly practical guide to the leading cases of European Competition Law. It explores the application of Article 101 TFEU, Article 102 TFEU and the European Merger Regulation, as well as the public and private enforcement of Competition Law. In addition, it reviews the intersection between Competition Law and Intellectual Property Rights and the application of Competition Law to State action. Each chapter outlines the relevant laws, regulations and guidelines for each topic. Within this framework, cases are reviewed in summary form, accompanied by analysis and commentary. . . 'This book should be in the library of every competition law practitioner and academic. The summary of cases is first class. But what makes it really stand out is the quality of the commentary and the selection of the material which includes not only the most important European judgements and decisions but also some of the leading cases from the US and European Member States.' Ali Nikpay, Gibson, Dunn & Crutcher LLP, Former Senior Director, Office of Fair Trading . . 'The study of EU Competition law requires the analysis and understanding of a number of increasingly complex European Commission and European Court decisions. Through the provision of case summaries, excerpts from the important passages and concise commentary linking these decisions to other key case law and Commission documents, this unique and impressive book, now in its fourth edition, provides the student and practitioner of EU competition law with an extremely clear and useful introduction to these leading decisions.' Dr Kathryn McMahon, Associate Professor, School of Law, University of Warwick . . 'This book is especially valuable for competition law specialists in Europe and abroad who are interested in the jurisprudence and policy of the European Union and its member states. Familiarity with the European regime is essential for proficiency in competition law today, and this volume provides an excellent foundation.' William E Kovacic, Global Competition Professor of Law and Policy, George Washington University Law School, Former Chairman, US Federal Trade Commission . . 'The Guide is an invaluable tool for both students and practitioners. It provides a compact overview on the fundamental cases and highlights the essential problems in a clear and sharp analysis.' Dr Christoph Voelk, Antitrust Practice Group, McDermott, Will & Emery LLP


A Ezrachi, EU Competition Law, An Analytical Guide to the Leading Cases (3rd ed, Hart 2012)

A Ezrachi, EU Competition Law, An Analytical Guide to the Leading Cases (2nd ed) ( 2010) [...]

This book is designed as a working tool for the study and practice of European Competition Law. It is an enlarged and updated second edition of the highly practical guide to the leading cases of European Competition Law, first published in 2008. This second edition focuses primarily on Article 101 TFEU (Ex Article 81 EC), Article 102 TFEU (Ex Article 82 EC) and the European Merger Regulation. In addition it explores the public and private enforcement of Competition Law, the intersection between Intellectual Property Rights and Competition Law and the application of Competition Law to State action. Each chapter begins with an introduction which outlines the relevant laws, regulations and guidelines for each of the topics, providing the analytical framework for the case entries that follow. The case entries are then set out is summary form, accompanied by analysis and commentary.


ISBN: 1849460477/97818494

P Nebbia and others, EU Consumer Law (Richmond Law and Tax 2004) [...]

The book describes the current Community law in core areas in consumer protection such as product liability, labelling and consumer contracts, in addition to other areas of consumer interest such as pharmaceuticals, financial services and dangerous substances, insofar as they relate specifically to consumer issues.


ISBN: 1-904501-21-4

I Benöhr, EU Consumer Law and Human Rights (Oxford University Press, Oxford Studies in European Law 2013) (forthcoming)

S R Weatherill, EU Consumer Law and Policy (Elgar European Law 2005)

A Johnston and Guy Block, EU Energy Law (Oxford University Press 2012)

S Douglas-Scott, EU Human Rights Law (Elgar Publishing 2014) (forthcoming)

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.


ISBN: 9781848449985

P P Craig and G de Burca, EU Law, Text, Cases and Materials (5th, OUP 2011) [...]

The previous edition was published in 2003: for the 2007 edition there were further extensive revisions to take account of major developments, including four new chapters.


ISBN: 978-0-19-957699-9

P P Craig and others, EU Law, Text, Cases and Materials, 3rd ed., (Oxford University Press 2003) [...]

EU Text, Cases and Materials


ISBN: 0-19-924943-1

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)

Roy Goode, 'Europe and English Commercial Law' in B.S. Markesinis (ed), The British Contribution to the Europe of the Twenty-First Century (Hart 2002) [...]

Discusses The Principles Of English Commercial Law And Their Influence In Europe


ISBN: 1-84113-276-4

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.


ISBN: 978-2-8027-3602-8

J J W Herring and Shazia Choudhry, European Human Rights and Family Law (Hart 2010) [...]

A detailed analysis of the relevance of the ECHR and rights analysis to family law.


ISBN: 978 1 84113 175 7

J Armour, 'European Insolvency Proceedings and Party Choice: Comment' in L Gullifer, W-G Ringe and P Thery (eds), Current Issues in European Financial and InsolvencY Law (Hart Publishing 2009)

J Pila, 'European Patent Convention' in P Cane & J Conaghan (eds), The New Oxford Companion to Law (Oxford: OUP, 2008)

S R Weatherill, 'European Private Law and the Constitutional Dimension' in F. Cafaggi (ed), The Institutional Framework of European Private Law (Collected Courses of the Academy of European Law, Volume XV/2). (OUP 2006)

A Johnston and H. Unberath, 'European Private Law by Directives: Approach and Challenges' in C. Twigg-Flesner (ed), Cambridge Companion to European Union Private Law (Cambridge University Press 2010)

C Hodges, European Regulation of Consumer Product Safety (Oxford 2005) [...]

Reviewed vary favourably by Geraint Howells in European Public Law.


P Nebbia and others (eds), European union law for the twenty first century: rethinking the new legal order (hart 2004) [...]

Based on the contributions made to the W.G. Hart Workshop 2003, this volume focuses on challenges in the field of the internal market and external relations, looking at diverse areas of European Law, including free movement, competition law and merger control, public procurement, consumer law, enlargement, WTO, third country nationals, sex equality ets.


ISBN: 1-84113-460-0

E Ramaekers, European Union Property Law: From Fragments to a System? (Intersentia 2013)

C E Parau and Bains, J., 'Europeanization as Empowerment of Civil Society: All Smoke and Mirrors?. From National to International Linkages' in W.A. Maloney and J. W. van Deth (eds), Civil Society and Governance in Europe (Palgrave 2008)

B Lange, 'Europeanization or Localization of Law? the Example of the Enforcement of Environmental Policies in Germany' in C Harding & A Swart (eds), Enforcing European Community Rules (Dartmouth 1996)

J Dickson, Evaluación en la teoría del derecho (Spanish language edition of Evaluation and Legal Theory, UNAM Press, México,D.F. 2006)

S J Bright and others, 'Evaluating Legal Models of Affordable Home Ownership in England' in T. Turnipseed (ed), Community, Home and Identity (Ashgate 2012) [...]

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.


ISBN: 9781409438540

J Dickson, Evaluation and Legal Theory (Hart Publishing 2001) [...]

Spanish language edition published by the National Autonomous University of Mexico Press in association with Hart Publishing in 2006, translated by Dr Juan Vega Gomez


ISBN: 1-84113-184-9

R Bird, 'Evaluation, selection and implementation of computer systems' in Achieving  Excellence - Proceedings of the 4th Asian Pacific Special and Law Librarians Conference ( 1991)

G S Goodwin-Gill, 'Everyone and the Citizen: The Devaluation of Principles and Protection' in Jenny Hocking and Colleen Lewis (eds), Counter-Terrorism and the Post-Democratic State (Edward Elgar, Cheltenham UK; Northampton, MA, USA 2007) [...]

This chapter considers briefly how 'anti-terrorism' measures have prejudiced the security of refugees, asylum seekers and migrants, challenged the rule of law in the United Kingdom, and incidentally raised questions concerning the democratic entitlement to govern.


ISBN: 978-1-84542-917-1

L Gullifer, 'Exceptions to the Nemo Dat Rule in Relation to Goods and The Law Commission's Proposals' in J de Lacy (ed), Personal Property Security Law Reform in the UK (Routledge Cavendish 2009)

J Cartwright, 'Excluding Liability for Misrepresentation' in A Burrows and E Peel (eds), Contract Terms (Oxford University Press 2007) [...]

Published version of paper from Oxford-Norton Rose Colloquium 2006.


ISBN: 978 0 19 922937 6

J C N Horder, Excusing Crime (OUP 2004)

P P Craig, 'Executive Accountability and the Contestability of the Executive Domai' in L Verhey, P Kiiver & S Loeffen (eds), Political Accountability and European Integration ( 2009)

K S Ziegler, 'Executive Powers in Foreign Policy: The Decision to Despatch the Military' in K Ziegler, D Baranger and AW Bradley (eds), Constitutionalism and the Role of Parliaments (Hart Publishing 2007)

E J F Simpson and Ian Peacock, 'Exempt Information' in Macdonald, Crail and Jones (eds), The Law of Freedom of Information, 2nd edition (OUP 2009) [...]

The chapter considers in detail the categories of exempt information established by the Freedom of Information Act 2000. The position under other FOI regimes is also considered.


ISBN: 978-0-19-954435-6

E J F Simpson and I Peacock, 'Exempt Information' in Macdonald and Jones (eds), The Law of Freedom of Information (OUP 2003)

J Roberts, 'Explaining the Enduring Appeal of the Recidivist Sentencing Premium: The Role of Blameworthiness' in A. von Hirsch et al. (ed), Principled Sentencing. Readings on Theory and Policy. (Third edition) (Oxford: Hart Publishing 2009)

M Bosworth, Explaining U.S. Imprisonment (Sage Publications 2010)

J Roberts and T. Sanders, 'Exploring Public Attitudes to Conditional Sentencing' in Quantitative and Qualitative Research Methods. (Pearson 2004)

T. Sanders and J Roberts, 'Exploring Public Attitudes to Conditional Sentencing' in J. Winterdyk, L. Coates and S. Brodie (eds), Qualitative and Quantitative Research Methods (Toronto: Pearson 2006)

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 Roberts and J. Sprott, 'Exploring the Differences between Punitive and Moderate Penal Policies in the United States and Canada' in H. Kury and T. Ferdinand (eds), International Perspectives on Punitivity. Crime and Public Policy. Volume 4. (Bochum: Brockmeyer 2008)

A Ashworth, 'Exploring the Integrity principle in Evidence and Procedure' in P. Mirfield and R.J. Smith (eds), Essays for Colin Tapper (Butterworths 2003)

E Fisher, 'Exploring the Legal Architecture of Transparency' in P Ala'i and R Vaughn (eds), Research Handbook on Transparency (Edward Elgar 2014)

B. Mitchell and J Roberts, Exploring the Mandatory Sentence for Murder (Oxford: Hart Publishing 2012)

J Rowbottom, 'Extreme Speech and the Democratic Functions of the Mass Media' in Ivan Hare and James Weinstein (eds), Extreme Speech and Democracy (Oxford University Press 2009)

N Ghanea, 'Facilitating Freedom of Religion and Belief: Perspectives, Impulses and Recommendations from the Oslo Coalition' in Cole Durham, Tore Lindholm and Bahia Tahzib-Lie (eds), Apostasy and Freedom to Change Religion or Belief (Martinus Nijhoff 2004)

C Redgwell, 'Facilitation of Compliance ' in J Brunnee, M Doelle and L Rajamani (eds), Promoting Compliance in an Evolving Climate Regime (Cambridge University Press 2011) [...]

As the contours of a post-2012 climate regime begin to emerge, compliance issues will require increasing attention. This volume considers the questions that the trends in the climate negotiations raise for the regime's compliance system. It reviews the main features of the UN Framework Convention on Climate Change and its Kyoto Protocol, canvasses the literature on compliance theory and examines the broader experience with compliance mechanisms in other international environmental regimes. Against this backdrop, contributors examine the central elements of the existing compliance system, the practice of the Kyoto compliance procedure to date and the main compliance challenges encountered by key groups of states such as OECD countries, economies in transition and developing countries. These assessments anchor examinations of the strengths and weaknesses of the existing compliance tools and of the emerging, decentralized, 'bottom-up' approach introduced by the 2009 Copenhagen Accord and pursued by the 2010 Cancun Agreements.


H Collins, 'Fairness in Agreed Remedies' in C. Willett (ed), Aspects of Fairness in Contract (Blackstone Press 1996)

N Ghanea, 'Faith in Human Rights, Human Rights in Faith' in Nazila Ghanea (ed), The Challenge of Religious Discrimination at the Dawn of the New Millennium (Martinus Nijhoff 2003)

S Douglas-Scott (ed), Faith in Law (Oxford: Hart 2000)

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.


ISBN: 978-0-19-967734-4

R Condry, Families Shamed: The Consequences of Crime for Relatives of Serious Offenders (Willan Publishing 2007)

J M Eekelaar and Mavis Maclean, Family Justice: The Work of Family Judges in Uncertain Times (Hart Publishing 2013) [...]

Based on observations of court proceedings the book analyses the nature of activities in the lower family courts in England and Wales, showing them to be very different from the way they are commonly perceived by policy-makers. It sets these findings within an account of the place of justice in the resolution of family conflicts.


J J W Herring, Family Law (Pearson 2004) [...]

Family Law Textbook


ISBN: 582822807

J J W Herring, 'Family Law' in All England Law Review 2003 (Butterworths 2004) [...]

Review of Family Law


J J W Herring, 'Family Law' in All England Law Review 2004 (Butterworths 2005) [...]

Summary of legal developments in family law in 2004


J J W Herring, 'Family Law' in All England Law Review 2005 (Butterworths 2006) [...]

Discussion of developments in family law in 2005


J J W Herring, 'Family Law' in S Butler (ed), Discovering the Law (Law Matters 2006) [...]

Chapter in book designed for sixth formers considering law


ISBN: 10: 186410274

J J W Herring, 'Family Law' in All England Law Review 2007 (Lexis Nexis Butterworths 2008) [...]

Review of developments in family law


J J W Herring, 'Family Law' in All England Law Review 2006 ( 2007)

J J W Herring, Family Law (Pearson 2009) [...]

A textbook on family law


ISBN: 99781405899567

J J W Herring, 'Family Law' in All England Law Review 2009 (Butterworths 2010) [...]

discussion of major case law developments in family law in 2009


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' in All England Law Review 2011 (Butterworths Lexis Nexis 2012)

J J W Herring, 'Family Law' in All England Law Review 2012 (Butterworths Lexis Nexis 2013)

J J W Herring, 'Family Law' in A. Burrows (ed), English Private Law (OUP 2013)

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


ISBN: 978-1-78068-052-1

J M Eekelaar, Family Law and Personal Life (OUP 2006)

Nicholas Bala, Martha Shaffer and L Ferguson, 'Family Law for the Older Canadian' in Ann Soden (ed), Advising the Older Client (Butterworths 2005)

S M Cretney, Family Law in the Twentieth Century: A History (OUP 2005)

J J W Herring, Family Law, 3rd ed. (Longman 2007)

J J W Herring, Family Law, 5th ed. (Longman 2011) [...]

Textbook on family law


ISBN: 9781408255520

J J W Herring, Family Law, 6th ed (Pearson 2013)

J J W Herring (ed), Family Law: Issues, Debates, Policy ( 2001)

J J W Herring, Family Law: Law Express (Pearson 2008) [...]

A revision guide for family law


ISBN: 978140589953

J J W Herring, Family Law: Law Express (4th edn, Pearson 0)

J J W Herring, Family Law: Law Express (5th Ed, Pearson 2014)

J J W Herring, Family Law: Law Express, 3rd ed (Pearson 2010) [...]

A short guide to Family Law


J J W Herring, Family Law: Questions and Answers, 2nd ed (Pearson 2013)

D Kimel, 'Fault and Harm in Breach of Contract' in Ben Shahar and Porat (eds), Fault in American Contract Law (Cambridge University Press 2010)

P Eleftheriadis, 'Federalism and Jurisdiction' in Geert de Baere, Elke Cloots (eds), Federalism and EU Law (Hart Publishing 2012)

C Hoyle, 'Feminism, Victimology and Domestic Violence' in Sandra Walklate (ed), Handbook of the Victims and Victimology (Willan Publishing 2007)

M Birdling and M Rundle, 'Filtering and the International System: A Question of Commitment' in R Deibert, J Palfrey, R Rohozinski and J Zittrain (eds), Access Denied: The Practice and Policy of Global Internet Filtering (MIT Press 2008)

J Freedman, 'Financial and Tax Accounting: Transparency and Truth' in Schon (ed), Tax and Corporate Governance (Springer Science 2008)

J S Getzler, 'Financial Crisis and the Decline of Fiduciary Law' in Charles Morris & David Vines (eds), Capital Failure: Rebuilding Trust in Financial Services (Oxford University Press 2014) [...]

This chapter identifies the cutting back of fiduciary obligations by courts and legislatures as a possible contributory cause of the financial crisis that erupted in 2008. It argues that a restoration of classical fiduciary duties of loyalty and care to clients can help improve the health of the financial system and mitigate the next crises. During the "Great Moderation" asset managers used a permissive legal environment to take high fees but, by the time that the crisis had come, had moved their clients’ wealth into assets which crashed in value, whilst insulating themselves from liability for poor judgment and care in making such investments. The law needs to provide a satisfactory response to such behaviour, addressing the problems of uncertainty, asymmetric information and expertise, and conflicts of interest. These necessary additional duties would create something very similar to the fiduciary law we already have, but which we no longer use. This chapter describes the attenuation of modern fiduciary law over the past forty years, and suggests how the power of this body of law may freshly be deployed in the future.


ISBN: 978-0-19-871222-0

D J McBarnet, 'Financial engineering or legal engineering? Legal work, legal integrity and the banking crisis' in J O'Brien and Iain Macneil (eds), The future of financial regulation (Hart 2009)

S R Weatherill, 'Finding a Role for the Regions in Checking the EU’s Competence' in Weatherill and Bernitz (eds), The role of regions and sub-national actors in Europe (Hart Publishing 2005)

L Zedner, 'Fines' in Peter Cane & Joanne Conaghan (eds), The New Oxford Companion to Law (Oxford University Press 2008)

John Gardner, 'Finnis on Justice' in John Keown and Robert P. George (eds), Reason, Morality, and the Law: The Philosophy of John Finnis (Oxford University Press 2013)

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 2013)

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)

L Zedner, 'Fixing the Future? The pre-emptive turn in criminal justice' in Bronnit, S, McSherry, B & Norrie, A. (eds), Regulating Deviance: The Redirection of Criminalisation and the Futures of Criminal Law (Hart Publishing 2009)

I Goold, Flesh and Blood: Owning Our Bodies Their Parts (Hart Publishing 2015) (forthcoming)

H Collins, 'Flexibility and Empowerment' in T. Wilthagen (ed), Advancing Theory in Labour Law and Industrial Relations in a Global Context (Amsterdam: North-Holland 1998)

H Collins, 'Flipping Wreck: Lex Mercatoria on the Shoals of Ius Cogens' in S. Grundmann, F. Moeslein, K. Riesenhuber (eds), Contract Governance - Dimensions in Law and Interdisciplinary Research (Oxford University Press 2014) (forthcoming)

K S Ziegler, Fluchtverursachung als völkerrechtliches Delikt. Die völkerrechtliche Verantwortlichkeit des Herkunftsstaates für die Verursachung von Fluchtbewegungen (Duncker & Humblot 2002) [...]

Abstract: Causing Refugee Flows as a Delict under International Law. International Responsibility of the State of Origin for Causing Refugee Movements.The book applies the international law of state responsibility to the situation in which a state expels its own population; the context is a preventative approach.It focuses on how the receiving state's sovereignty may be violated by the obtrusion of unwanted people. It discusses how the principles of state responsibility evolved and were moulded in the International Law Commission's Articles, paying particular attention to their application in a refugee context, such as to causation and attribution of the acts leading to refugee movements. It examines which primary norms of international law are violated, and the legal consequences of such violations.Primary norms may be violated at three levels: first, individual human rights, such as of the right to free movement, nationality rights and the right to a home(land). Secondly, 'rights' of states: the book analyses refugee movements since 1917, especially, from Nazi Germany, as dealt with in the League of Nations institutions. This reveals an emerging opinio iuris and state practice supporting the thesis that causing refugee movements may violate the receiving state’s sovereignty, and, therefore, amounted to a violation of international law even before the emergence of international human rights law. Thirdly, it examines whether obligations owed to the international community as a whole exist and are violated, discussing the concept of 'international community' and the relationship between the concepts of international crimes, erga omnes obligations and ius cogens.The book then looks at the consequences of internationally wrongful acts in a refugee context, especially, reparation, compensation and guarantees against repetition. It concludes by analysing the possible implementation of such consequences by states, with a special focus on unilateral and collective humanitarian intervention.

ISBN: 3-428-10601-6

I Loader and R Sparks, 'For an Historical Sociology of Crime Policy in England and Wales since 1968' in M Matravers (ed), Managing Modernity: Politics and the Culture of Control (Routledge 2005)

G S Goodwin-Gill and Kathleen Newland, 'Forced Migration and International Law' in T. Alexander Aleinikoff & Vincent Chetail, eds. (eds), Migration and International Legal Norms (The Hague: T. M. C. Asser Press 2003) [...]

A contribution to the "Berne Initiative", this chapter looks at the international law dimensions of forced migration, and at the constraints and options facing States.


ISBN: 90-6704-157-2

G S Goodwin-Gill, 'Forced Migration: Refugees, Rights and Security' in Jane McAdam (ed), Forced Migration, Human Rights and Security (Oxford: Hart Publishing 2008)

G Dinwoodie, 'Foreign and International Influences on National Copyright Policy: A Surprisingly Rich Picture' in F. McMillan (ed), 6 New Directions in Copyright (Edward Elgar 2007) [...]

National copyright policy, traditionally reflective of domestic cultural and economic priorities, is increasingly shaped by foreign and international influences. In this chapter, I sketch some of the changes in copyright lawmaking that have given rise to this phenomenon. Especially when viewed in historical context, foreign and international influence on the development of copyright law is now quite pervasive ? albeit in ways, and effected through a number of institutions, that might appear surprising.


A V Lowe, 'Foreword' in Michael Likosky (ed), Transnational Legal Processes: Globalisation and Power Disparities (Butterworths 2002)

J C McCrudden, 'Foreword' in Peter Blanck (ed), Disability Rights (Ashgate 2005) [...]

Foreword to an edited collection of articles on the legal regulation of disability discrimination.


ISBN: 754624528

B Lauriat, 'Foreword' in CE Klafter (ed), The Future of National Identity (University of British Columbia 2008)

A V Lowe, 'Foreword - Part One' in J.B. Attanasio & J.J. Norton (eds), Multilateralism v Unilateralism: Policy Choices in a Global Society (BIICL 2004)

D J Galligan and M. Matczak, Formalism in Post-Communist Courts: Empirical Study of Judicial Discretion in Polish Administrative Courts Deciding Business Cases (R. Coman and J-M. de Witte, Vanden Broele, Bruge 2007)

J Cartwright, 'Formality and Informality in Property and Contract' in J Getzler (ed), Rationalizing Property, Equity and Trusts: Essays in Honour of Edward Burn (Lexis Nexis 2003)

J Cartwright, Formation and Variation of Contracts (Sweet & Maxwell 2014) [...]

Book discussing in detail the law on pre-contractual negotiations and the formation of the agreement, contractual formalities, and the doctrines of consideration and promissory estoppel as they apply in both the formation of a contract and the variation of an existing contract.


ISBN: 9781847038029

B Lange, 'Foucauldian Inspired Discourse Analysis: A Contribution to Critical Environmental Law Scholarship?' in Andreas Philippopoulos-Mihalopoulos (ed), Law and Ecology: New Environmental Legal Foundations (Routledge 2010)

G S Goodwin-Gill, Free and Fair Elections (Geneva: Inter-Parliamentary Union 2006)

A Dickinson, 'Free Movements of Judgments in the EU: Knock Down the Walls but Mind the Ceiling' in Eva Lein (ed), The Brussels I Review Proposal Uncovered (British Institute of International and Comparative Law 2012)

L Green, 'Freedom of Expression and Choice of Language' in E Soifer (ed), Ethical Issues: Perspectives for Canadians (Broadview Press 1997)

L Green, 'Freedom of Expression and Choice of Language' in WJ Waluchow (ed), Free Expression: Essays in Law and Philosophy (Oxford University Press 1994)

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)

A Ezrachi, 'From Courage v. Crehan to the White Paper –The changing landscape of European private enforcement and the possible implications for Article 82 litigation' in Mackenrodt, Conde Gallego, Enchelmaier (eds), Art. 82 EC: New Interpretation, New Enforcement Mechanisms? (Springer 2008)

Ruth Deech and Anna Smajdor, From IVF to Immortality: Controversy in the Era of Reproductive Technology (OUP 2007)

D Kimel, From Promise to Contract: Towards a Liberal Theory of Contract (Hart Publishing 2003)

Y-K Chin, 'From the local to the global: China?s TV policy in Transition' in Manfred Kops and Stefan Ollig (eds), Internationalization of the Chinese TV Sector (Berlin: Lit Verlag 2007)

F Pirie, 'From tribal Tibet: the significance of the legal form' in M. Freeman (ed), Law and anthropology (Oxford: University Press. 2009)

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)

Guenter Treitel, Frustration and Force Majeure (2nd Edition, Sweet and Maxwell, London 2004) [...]

A new edition, extensively revised in the light of developments in England and other jurisdictions, of my book on the effect on contracts of unexpected supervening events.


ISBN: 421778202

Guenter Treitel, Frustration and Force Majeure (2nd edition) (Sweet & Maxwell 2004)

P P Craig, 'Fundamental Principles of Administrative Law' in D. Feldman (ed), English Public Law (Oxford University Press 2004) [...]

Analysis of Fundamental Principles in Administrative Law


ISBN: 0-19-876551-7

P P Craig, 'Fundamental Principles of Administrative Law' in D Feldman (ed), English Public Law (Oxford University Press 2009)

P P Craig, 'Fundamental Rights' in P Moser and K Sawyer (eds), Making Community Law, The Legacy of Advocate General Jacobs at the European Court of Justice (Edward Elgar 2008)

S Douglas-Scott, 'Fundamental Rights and the EU Financial Crisis' in Douglas-Scott and Hatzis (eds), Research Handbook on EU Human Rights Law (Edward Elgar 2014) (forthcoming)

S Douglas-Scott, 'Fundamental Rights in the EU' in Schutze and Tridimas (eds), Oxford Principles of European Union Law - Volume I: The European Union Legal Order (Oxford University Press 2014) (forthcoming)

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 (Oxford University Press 2011)

O Radley-Gardner, Prof Hugh Beale, Prof Reinhard Zimmermann and Prof Reiner Schulze, Fundamental Texts on European Private Law (Hart Publishing 2003) [...]

Collection of Directives, Fundamental Principles and Conventions which relate to private law in Europe. Covers implementation in UK, EIRE, Sweden, Denmark and Finland.


ISBN: 1-84113-378-7

A Ashworth, 'Further Notes on Coherence in Criminal Justice' in P. Asp, C.E. Herlitz and L. Holmqvist (eds), Flores Iuris et Legum: Festskrift till Nils Jareborg (Iustus Vorlag, Uppsala, Sweden 2002)

A S Burrows, Fusing Common law and Equity: Remedies, Restitution and Reform (Sweet and Maxwell, Asia 2002) [...]

Text of Hochelaga lectures given in 2001


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)

J Payne, 'Gatekeepers' in N Moloney, E Ferran, J Payne (eds), The Oxford Handbook of Financial Regulation (OUP 2014) (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)

C Costello, 'Gender Equalities and the European Union Charter of Fundamental Rights' in Hervey & Kenner (eds), Economic and Social Rights under the Charter of Fundamental Rights of the European Union (Hart Publishing 2003)

M Bosworth, 'Gender, Race, and Sexuality in Prison: The Politics of Identity' in B H Zaitzow and J Thomas (eds), The Technology of Gender Domination in Confined Places (Lynne Reinner Publishers 2003)

D Vaver, 'General Introduction' in D. Vaver (ed), Intellectual Property Rights: Critical Concepts in Law (Routledge 2006) [...]

Overview of history, theory and features of intellectual property law, to introduce compilation of 87 articles on intellectual property


ISBN: 0-415-33088-2

L Green, 'General Jurisprudence' in Michael Giudice, Wil Waluchow, and Maksymilian del Mar (eds), The Methodology of Legal Theory, vol. I (Ashgate 2010)

A Ashworth, 'General Principles of Criminal Law' in D.J. Feldman (ed), English Public Law (Oxford University Press 2004)

A Ashworth (ed), General Principles of Criminal Law (Oxford University Press 2009)

D Gangjee, 'Geographical Indications and Human Rights' in Paul Torremans (ed), Intellectual Property and Human Rights (Kluwer, The Hague 2008)

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)

M R Macnair, 'Gilbert, sir Jeffray (1674–1726)' in Oxford Dictionary of National Biography (Oxford University Press 2004) [...]

Oxford DNB biographical outline of Sir Jeffray Gilbert, Chief Baron of the Exchequer (new article)


A Braun, Giudici e Accademia nell\'esperienza inglese. Storia di un dialogo (Mulino 2006) [...]

Abstract: A study of the rise of a legal academic profession in England and its relationship with the judiciary. The work investigates whether the role of legal scholarship can still be defined as one of the cardinal differences between the English and the continental legal traditions. The first part of the book traces the history of the formation of a community of legal academics in England from the nineteenth century to the present day, thereby reconstructing the role of the English universities in legal education (Chapter 1). Emphasis is placed on the impact the emergence of the community had on the development of both legal education (Chapter 2) and legal literature (Chapter 3), as well as on the transformation of English legal scholarship over the last three decades (Chapter 4). The second part of the book is dedicated to the study of the relationship between the community of legal academics and the judiciary and its development since the late nineteenth century. As well as an examination of the role and nature of the famous ‘books of authority’ (Chapter 5) and the impact of the traditional convention forbidding the ‘citation of living authors’ (Chapter 6), the second part of the book consists largely of an analysis of the way English judges communicate with the academic profession and the changes in the citation practice of English courts. Attention is also paid to the different ways legal academics assist judges in the decision-making process (Chapter 7). Furthermore, two particular branches of law, restitution and criminal law, are analysed in an attempt to show how academics have contributed to their development (Chapter 8). Finally, the developments in England are placed within the context of the role of academic lawyers in other European legal systems. This book has been reviewed in: (2008) 1 Revista Catalana de Dret Privat (Antoni Vaquer) (forthcoming) (2008) Rivista di diritto comparato pubblico ed europeo (Alessandro Torre) (forthcoming) (2008) 125 Zeitschrift für Rechtsgeschichte (Filippo Ranieri) (forthcoming) (2007) Anuario de Derecho Civil, Tomo LX, fasc. III, 1404 (Esther Arroyo i Amayuelas) (2007) 66 Cambridge Law Journal 474 (John Bell) (2007) 123 Law Quarterly Review 654 (Michele Graziadei) (2006) 55 American Journal of Comparative Law 197 (Patrick Glenn) Selected as one of the ‘Law Books of the Year 2007’ in Germany: (2007) 46 Neue Juristische Wochenschrift, 3332.

ISBN: 8815113487

S Vogenauer, 'Gli effeti di contratti verso i terzi: L’Avant-projet du réforme in una prospettiva comparatistica' in M Andenas et al (ed), Liber Amicorum Guido Alpa: Private Law Beyond the National Systems (British Institute of International and Comparative Law 2007) [...]

pp. 1000-1036. A comparative analysis of the provisions on contracts for the benefit of third parties in the French 'Avant-projet de réforme du droit des obligations et de la prescription' (2005)


ISBN: 978-1-905221-28-8

DD Sokol , A Ezrachi and D Crane (Editors), Global Antitrust and Compliance Handbook (OUP 2014) [...]

The proliferation of antitrust enforcement regimes around the world has transformed the enforcement landscape in recent decades. This trend has led to increased focus on the competitiveness of markets and the curtailment of anticompetitive activities, to the benefit of consumers. It has also led to increased bilateral, regional and multinational cooperation resulting in a gradual process of assimilation of thought and law. However, while record numbers of competition agencies progressively apply similar principles and law, competition law enforcement remains domestic in nature. Indeed, a look at the active jurisdictions reveals a range of substantive and procedural approaches. Differences in the competition agencies mandate, priorities and enforcement powers, as well as different political, social and legal environments are only several of the variants which underscore the heterogeneous enforcement landscape. This reality presents challenges for companies and undertakings operating across borders. With increased globalization of business and increased extraterritorial application of competition laws, it is often the case that an activity, agreement or transaction will be subjected to a range of overlapping competition regimes. Subsequently, the task of managing the legal and financial risks associated with competition law infringements requires a careful exploration of the law and practices around the world. This multi-jurisdictional compliance guide addresses this complexity and offers a comprehensive and detailed multi-country review of critical antitrust compliance issues. The book outlines the laws and practice in forty three of the leading antitrust jurisdictions around the world. With compliance requirements in mind, this book provides businessmen, law firms and in-house lawyers with the necessary information to explore the changing global antitrust landscape. This book is a resource for those responsible for competition and corporate compliance programs and for those interested in the international enforcement landscape of competition law. It assists in tailoring global compliance programs while considering multijurisdictional effects and policies. In addition, it provides a clear and accessible benchmark for the consideration of agreements, activities and transactions on a case by case basis. Contributions to this book have been authored by leading competition law practitioners from their respective jurisdictions. Chapters in this guide enable assessment of personal and corporate risk exposure. The reader will find information on each regime’s laws and practice. Areas covered include enforcement procedure and substance. These include, among others, the enforcement environment and enforcement priorities, leniency programs, penalties, fines and individual sanctions. In addition chapters outline the laws applicable to horizontal and vertical agreements, market power and the abuse of a dominant position and merger control.


P Eleftheriadis, 'Global Rights and the Sanctity of Life' in Glenn Cohen (ed), The Globalization of Health Care (Oxford University Press 2013)

J Roberts and E. Baker, 'Globalization and the New Punitiveness.' in The New Punitiveness: Current Trends, Theories and Perspectives (Willan Publishing 2005)

M R Macnair, 'Good Faith in English Contract Law before 1850' in Jan Hallebeek, Martin Schermaier, Roberto Fiori, Ernest Metzger, Jean-Pierre Coriat (eds), Inter cives necnon Peregrinos: essays in honour of Boudewijn Sirks (V&R unipress 2014) [...]

This chapter studies judicial references to a general duty of good faith in contracting between c. 1740 and c. 1850; the extent to which these could be conceived as a "legal irritant" (Teubner) or foreign importation, i.e. their antecedents in medieval and early modern English law, and the extent to which these could be considered as parallel with the Roman law system of contracts actionable by actions stricti iuris and bonae fidei; and, more tentatively, the decline in the mid 19th century of references to a general duty of good faith in contracting, leaving 'islands' behind, and its accompaniment, the expansion of 'caveat emptor' from a rule mainly about priorities in purchase with notice of defective title, to a general principle (and the mitigation by later 19th century statutes of uncertainties caused by the new general 'caveat emptor' principle).


ISBN: 978-3-8471-0302-8

L Gullifer and Professor Sir Roy Goode, Goode on Legal Problems of Credit and Security (5th edn, Sweet & Maxwell 2013)

H Collins, 'Governance Implications for the European Union of the Changing Character of Private Law' in F. Cafaggi and H. Muir-Watt (eds), Making European Private Law (Edward Elgar 2008)

M Bosworth, 'Governing the Responsible Prisoner: A Comparative Analysis' in P Triantafillou and E Sørensen (eds), The Politics of Self-Governance (Ashgate 2009)

P Davies, Gower and Davies Principles of Modern Company Law (Paul Davies and Sarah Worthington eds, 9th edn, Sweet & Maxwell 2012)

P Davies, Gower and Davies Principles of Modern Company Law, Eighth Edition (Thomson/Sweet & Maxwell 2008) [...]

This is a textbook on English company law which deals with all the elements of core company law (separate legal personality, limited liability, board and shareholder relations, majority and minority shareholder relations, accounts and audit) as well as with corporate finace (including share issues, market manipulation and takeovers). It aims to provide a strong analytical structure as well as a detailed treatment of the law.


ISBN: 978-0421-94900-3

M Bosworth and M Guild, 'Gran Bretagna: governare attraverso il controllo delle migrazioni' in S. Palidda (ed), Razzismo Democratico: La Persecuzione degli Stranieri in Europa (AgenziaX 2009)

M Bosworth and M Guild, 'Gran Bretaña: el gobierno a través del control de las migraciones' in S. Palidda (ed), Criminalización étnica de los migrantes en Europa (Comares 2010)

J Morgan, Great Debates in Contract Law (Palgrave Macmillan 2012)

I Goold and J Herring, Great Debates in Medical Law and Ethics (Palgrave MacMillan 2014)

J J W Herring, Great Debates: Criminal Law (Palgrave 2009) [...]

Book discussing theoretical debate in criminal law


ISBN: 978 0230577237

J J W Herring and Imogen Goold, Great Debates: Medical Law and Ethics (Palgrave 2014)

S Talmon, 'Grenzen der 'Grenzenlosen Gerechtigkeit'. Die völkerrechtlichen Grenzen der Bekämpfung des internationalen Terrorismus nach dem 11. September 2001 [How Infinite Is ‘Infinite Justice'. Legal Limits of the Fight Against International Terrorism]' in Wolfgang Maerz (ed), An den Grenzen des Rechts [Law at Its Limits] (Duncker & Humblot 2003) [...]

Abstract: Shortly after the terrorist acts of 11th September 2001, the United States launched operation ‘Infinite Justice’ (later renamed ‘Enduring Freedom’) to disrupt Al Qaeda’s ability to conduct another strike against the United States and remove the Taliban government in Afghanistan which had been providing a safe haven to Al Qaeda. The article explores the legal limits of the fight against international terrorism - the sovereign equality of States and the prohibition of the use of force - and new limits to these limits. It is argued that a new rule of customary international law has emerged which requires States either to try or extradite terrorists to a State that is prepared to do so (‘aut dedere aut judicare’). Further obligations to fight international terrorism and thus limitations to a State’s sovereignty may be derived from binding legislative decisions of the UN Security Council. The central argument put forward with regard to the limitation of the prohibition of the use of force is that the events of September 11th have contributed to an instant change in the customary international law on the right to self-defence. It is shown that the definition of ‘armed attack’ has been expanded by including attacks on a State’s outposts and nationals abroad as well as attacks by terrorist groups and other non-State actors. In addition, the notion of ‘occurrence’ of an armed attack has been widened by including ongoing attacks and by re-interpreting the notion of ‘imminence’ of the attack. Self-defence thus ultimately becomes a question of the proportionality of the measures taken in self-defence. Three reasons are identified for the expansion of the right of self-defence: the empowering of the individual, globalization and the failing of individual States.

ISBN: 3-428-11346-2

P P Craig, 'Grounds for Judicial Review: Substantive Control over Discretion' in D. Feldman (ed), English Public Law (Oxford University Press 2004) [...]

Substantive Judicial Review over Discretionary Power


ISBN: 0-19-876551-7

P P Craig, 'Grounds for Judicial Review: Substantive Control over Discretion' in D Feldman (ed), English Public Law (Oxford University Press 2009)

K S Ziegler, 'Großbritannien' in Jörg Philipp Terhechte (ed), Internationales Kartell- und Fusionskontrollverfahrensrecht. International Cartel and Merger Enforcement Law (Bielefeld, Gieseking Verlag 2008)

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.


C Donnelly, 'Habeas Corpus' in in B Lang, G Clarke and D Pannick (eds), Administrative Court: Practice and Procedure (Sweet and Maxwell 0)

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


ISBN: 9781405763592

John Gardner, 'Hart and Feinberg on Responsibility' in Matthew Kramer, Claire Grant, Ben Colburn and Antony Hatzistavrou (eds), The Legacy of H.L.A. Hart (Oxford University Press 2008)

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)

N E Stavropoulos, 'Hart's Semantics' in J. Coleman (ed), Hart's Postscript (OUP 2001)

M Walters and C Hoyle, 'Healing Harms and Engendering Tolerance: the promise of restorative justice for hate crime' in N Chakraborti (ed), Concepts, policy, future directions (Willan 2010)

A Bottoms and J Roberts (eds), Hearing the Victim: Adversarial Justice,Crime Victims, and the State (Willan Publishing 2010)

J Morgan, MH Matthews and C O'Cinneide, Hepple and Matthews\\\' Tort: Cases and Materials, 6th edition (OUP 2008)

R G Hood, 'Hermann Mannheim and Max Grünhut' in J. Beatson and R. Zimmermann (eds), Jurists Uprooted. German Speaking Émigré Lawyers in Twentieth Century Britain (OUP 2004)

A J B Sirks, 'Het appèl tegen de veedief Verhoef uit het Schieland (1740)' in Chr. Coppens, J. Hallebeek (eds), Fabrica Iuris (Gerard Noodt Instituut, Nijmegen 2009) [...]

Abstract: Bijnkershoek mentions in his Index the problem of appeal in an extra-ordinary (criminal) procedure: is the defendant to get legal assistance and the appeal to be treated as an ordinary procedure? The actual case he mentions where this question arose (again) is that of a cattle rustler from Schiedam.

E De Wet and J Vidmar, Hierarchy in International Law: The Place of Human Rights (Oxford University Press 2012)

M R Macnair, 'Hill, George (c.1716–1808)' in Oxford Dictionary of National Biography (Oxford University Press 2004) [...]

Oxford DNB biographical outline of George Hill, lawyer & eccentric (revise of old DNB text)


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)

R Burnett, 'Homelessness and crime' in G Towl, D Farrington, D Crighton and G Hughes (eds), Dictionary of Forensic Psychology (Willan 2008)

D P Nolan, 'Hongkong Fir Shipping Co v Kawasaki Kisen Kaisha Ltd, The Hongkong Fir (1961)' in Charles Mitchell and Paul Mitchell (eds), Landmark Cases in the Law of Contract (Hart Publishing 2008)

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)

A L Young, 'Horizontality and the Human Rights Act 1998' in Katja S Ziegler (ed), Human Rights and Private Law: Privacy as Autonomy (Hart Publishing 2007)

John Armour, Antonia P Menezes, Mahesh Uttamchandani and K van Zwieten, 'How do Creditor Rights Matter for Debt Finance? A Review of Empirical Evidence' in Frederique Dahan (ed), Research Handbook on Secured Financing of Commercial Transactions (Edward Elgar 2015) (forthcoming)

John 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 argue (Pearson 2010) [...]

A book giving practical advice on how to argue well, or better, how to avoid arguments.


ISBN: 9780273734185

B Lange, 'How to Conceptualize law in European Union integration processes? - Perspectives from the literature and empirical research' in V Gessner (ed), European Ways of Law (Hart Publishing 2007)

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


B Lange and Nafsika Alexiadou, 'How to govern for solidarity?' in Malcolm Ross and Yuri Borgman-Prebil (eds), Developing Solidarity in the EU: Citizenship, Governance and New Constitutional Paradigms (Oxford University Press 2010)

D Leonardi, 'How to Organise Internet Self-regulation' in Susanne Nikoltchev and Andrei Richter (eds), Co-/Self-Regulatory Bodies in the Mass Media, Report of the Workshop (Council of Europe, Media Division, July 2005 2005)

I Goold and Muireann Quigley, 'Human Biomaterials: The Case for a Property Approach' in Imogen Goold, Jonathan Herring, Loane Skene, and Kate Greasley (eds), Persons, Parts and Property: How Should We Regulate Human Tissue in the 21st Century? (Hart Publishing 2014)

J M Finnis, Human Rights and Common Good (Oxford University Press 2011) [...]

Volume 3 of Collected Essays of John Finnis 22 published and unpublished essays with a 16-page Introduction, on the general theory of human rights; justice and punishment; war and justice; autonomy, euthanasia and justice; autonomy, IVF, abortion and justice; and marriage, justice and the common good


A Ashworth and Ben Emmerson, Human Rights and Criminal Justice (Sweet and Maxwell 2001) [...]

Analysis of effects of European human rights law on English criminal proceedings


ISBN: 0421 639 105

A Ashworth, Ben Emmerson and Alison Macdonald, Human Rights and Criminal Justice (Thomson Sweet & Maxwell 2007) [...]

Co-written and co-edited basic text for practitioners.


ISBN: 97 80421876101

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)

J J W Herring, 'Human Rights and Family Law ' in P. Cane and J. Conaghan (eds), The New Oxford Companion To Law (OUP 2008)

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)

K S Ziegler (ed), Human Rights and Private Law. Privacy as Autonomy (Oxford, Hart Publishing 2007)

D J McBarnet, 'Human rights and the new accountability' in T Campbell and S Miller (eds), Human Rights and Moral Responsibilities of Corporate and Public Sector Organisations (Kluwer 2004)

S Douglas-Scott, 'Human Rights and the Rule of Law in the EU ' in Roger Smith and Maik Martin (eds), Fundamental Rights and Justice and Home Affairs (JUSTICE publications 2007)

S Douglas-Scott, 'Human Rights in the EU' in Dennis Patterson (ed), Blackwell Companion for EU law and International Law (Oxford: Blackwell 2014) (forthcoming)

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)

O De Schutter and V Moreno Lax (eds), Human Rights in the Web of Governance: Towards a Learning-Based Fundamental Rights Policy for the European Union (Brussels: Bruylant, 2010)

Nicholas Bamforth and Laura Hoyano, Human Rights Law and Principles in the United Kingdom (OUP 2014) (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.


S Fredman, Human Rights Transformed: Positive Rights and Positive Duties (Oxford University Press 2008) [...]

DOI: 10.1093/acprof:oso/9780199272761.001.0001

Human Rights have traditionally been understood as protecting individual freedom against intrusion by the State. This book argues that human rights are based on a far richer view of freedom, going beyond absence of coercion and focussing on the ability to exercise such freedom. This view means that, as well as restraining the State, human rights require the State to act positively to remove barriers and facilitate the exercise of freedom. But because positive duties have for so long been regarded as a question of policy or aspiration, little sustained attention has been given to their role in actualising human rights. The book moves beyond the artificial boundary between socio-economic and civil and political rights and instead focuses on the positive duties to which all human rights give rise. It draws on political theory and social policy to illuminate important legal issues, and uses comparative material from India, South Africa, Canada, the US, the ECHR and the UK.


ISBN: 9780199272761

A Ashworth, Human Rights, Serious Crime and Criminal Procedure (Sweet & Maxwell 2002)

N Ghanea, Human Rights, the UN and the Bahá'ís in Iran (Kluwer Law International 2003)

L Zedner, 'Human Security' in A Wakefield and R Wild (eds), The Sage Dictionary of Policing (SAGE 2008)

G. Giacca, Humanitarian Access in Situations of Armed Conflict ( Handbook on the Normative Framework, Swiss Federal Department of Foreign Affairs 2011)

AV Lowe and A Tzanakopoulos, 'Humanitarian Intervention' in R Wolfrum (ed), Max Planck Encyclopedia of Public International Law (Oxford University Press 2012) [...]

This entry discusses 'humanitarian intervention' as an autonomous justification for the use of force in international law.


ISBN: 978-0-19-929168-7

I Papanicolopulu, T. Scovazzi and S. Urbinati (eds), I diritti umani di fronte al giudice internazionale. Atti della giornata di studio in memoria di Carlo Russo (Giuffrè Editore 2009)

TAO Endicott, 'I diritti umani sono davvero universali? (‘Are human rights really universal?\\\')' in Tecla Mazzarese and Paola Parolari (eds), Diritti fondamentali: le sfide del nuovo millennio (G. Giappichelli Editore, Torino 2009)

Simon Whittaker, 'I problemi posti dal recepimento della direttiva 1999/44/CE del maggio 1999, concernente taluni aspetti della vendita di beni di consume e delle garanzie ad essi relative. Prospettive del diritto inglese' in G. Cian (ed), L'attuazione della Direttiva 99/44/CE in Italian et in Europa (CEDAM 2002) [...]

This article explores technical problems of the implementation of the Directive on consumer guarantees and also the tensions which its implementation will cause in English law arising from fundamental differences between assumptions as to the nature of contractual obligation and contractual performance found in English law and those found in the Directive, the latter reflecting the general civilian position in this respect.


ISBN: 88-13-24127-5

R George, Ideas and Debates in Family Law (Hart Publishing 2012) [...]

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.


ISBN: 9781849462549

M Bosworth, 'Identity, Citizenship and Punishment' in Mary Bosworth and Jeanne Flavin (eds), Race, gender and punishment: From colonialism to the war on terror (Rutgers University Press 2007) [...]

Abstract: Chapter in book I coedited on race, gender and punishment. Analysis of recent legislation in the USA.

ISBN: 0-8135-3904-8

I Papanicolopulu, Il confine marino: unità o pluralità? (The Maritime boundary: one or multiple?) (Giuffrè Editore 2005)

A Braun (ed), Il trust nel diritto delle persone e della famiglia (Giuffré, Milano 2003)

M Bosworth, 'Immigration Detention' in S Pickering (ed), Routledge Handbook on Crime and Migration ( 2014) (forthcoming)

M Bosworth and Turnbull, Sarah, 'Immigration Detention and the Expansion of Penal Power in the UK' in K. Reiter and A. Koenig. (eds), Extreme Punishment (Palgrave 2015)

M Bosworth, 'Immigration Detention, Ambivalence and the Colonial Other ' in Eriksson, Anna (eds), Punishing the Other (Routledge 2015)

G S Goodwin-Gill, Mary Hawkesworth, ed. and Maurice Kogan, ed., 'Immigration Policy' in Maurice Hawkesworth & Maurice Kogan, eds. (eds), Encyclopedia of Government and Politics, 2nd edn. (London: Routledge 2004) [...]

Describes current aspects of the debate over immigration policy in national and international affairs.


ISBN: 0-415-27624-1

S Talmon, 'Impediments to Peacekeeping: The Case of Cyprus' in International Peacekeeping: The Yearbook of International Peace Operations ( 2004)

H Collins (ed), Implementation of the EU Directive on Unfair Contract terms (Contemporary Issues in Law 2007)

C Costello, 'Implementation of the Procedures Directive (2005/85) in the United Kingdom' in K Zwaan (ed), The Procedures Directive: Central Themes, Problem Issues, and Implementation in Selected Member States (Wolf Legal Publishers 2008)

B Lange, Implementing EU Pollution Control: Law and Integration (Cambridge University Press 2008) [...]

Reviewed by Donald McGillivray in the Journal of Environmental Law


ISBN: 978-0-521-88398-6

D J Galligan and D Sandler, 'Implementing Human Rights' in S. Halliday and P. Schmidt (eds), Human Rights Brought Home (Hart Publishing 2004)

E Fisher and others (eds), Implementing the Precautionary Principle: Perspectives and Prospects (Edward Elgar 2006) [...]

336 edited book bringing together academics from the US, Australia and Europe to examine the implementation of the precautionary principle


ISBN: 978 1 845427023

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)

H Collins (ed), Implicit Dimensions of Contracts (Hart Publishing 2003)

M Bosworth, I Hasselberg and S Turnbull, 'Imprisonment in a Global Age: Rethinking Penal Power' in Y Jewkes, B Crewe and J Bennett (eds), Handbook of Prisons (Sage Publications 2015)

John Gardner, 'In Defence of Defences' in P Asp, C E Herlitz, L Holmqvist (eds), Flores Juris et Legum: Festskrift till Nils Jareborg (Iustus Forlag 2002)

T Krebs, 'In defence of unjust factors' in Johnston and Zimmermann (eds), Unjustified Enrichment - Key Issues in Comparative Perspective (Cambridge University Press 2002) [...]

Comparative essay rejecting suggestions that English law should adopt the German 'lack of legal cause' approach to enrichment liability.


ISBN: 521808200

M Chen-Wishart, In Defence of Unjust Factors: A Comparative Study of Duress, Fraud and Exploitation (Oxford U Comparative L Forum 2 at ouclf.iuscomp.org 2000)

M Chen-Wishart, 'In Defence of Unjust Factors: a Study of Rescission for Duress, Fraud and Exploitation' in David Johnston and Reinhard Zimmermann (eds), Unjustified Enrichment: Key Issues in Comparative Perspective (Cambridge University Press 2002)

J Raz, 'Incorporation by Law' in Philosophy of Law: Critical Concepts in Philosophy. (Routledge 2006)

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)

P S Davies, 'Injunction' in J McGhee QC (ed), Snell's Equity (32nd edition) (Sweet and Maxwell 2010)

C Greenhalgh and M Rogers, Innovation, Intellectual Property and Economic Growth (Princeton University Press 2010)

M Bosworth, Inside Immigration Detention: Foreigners in a Carceral Age (Oxford University Press 2014) (forthcoming)

F Pirie, 'Insisting on agreement: Tibetan law and its development in Ladakh' in C. Klieger (ed), Tibetan Borderlands (Leiden: Brill 2006)

R Stevens, 'Insolvency' in Swadling (ed), The Quistclose Trust: Critical Essays ( 2004) [...]

A more serious essay on the insolvency law problems which the Quistclose trust raises.


ISBN: 1-84113-412-0

L Lazarus, 'Inspecting the Tail of the Dog' in Melissa McCarthy (ed), Incarceration and Human Rights (Manchester University Press 2010)

A Johnston, 'Instances and Analysis of Feedback in the Loop-flow between EC Law and National Private Law: Some Tentative Insights for Comparative and European Community Lawyers' in O. Remien (ed), Schuldrechtsmodernisierung und Europäisches Vertragsrecht (Mohr Siebeck 2008)

J Rowbottom, 'Institutional Donations to Political Parties' in Keith Ewing, Jacob Rowbottom, Joo-Cheong Tham (eds), The Funding of Political Parties: Where Now? (Routledge 2011)

Judge R. Higgins DBE, QC and D Sarooshi, 'Institutional Modes of Conflict Management' in J. Norton Moore, F. Tipson, and R. Turner (eds), National Security Law (Carolina Academic Press 2005)

P P Craig, 'Institutions, Power and Institutional Balance' in P Craig and G de Burca (eds), The Evolution of EU Law (Oxford University Press 2011)

K S Ziegler, 'Integration und Ausgrenzung im Lichte der Migrationspolitik der Europäischen Union – die „Festung Europa?' in Konrad Sahlfeld, Martina Caroni, Anna Chudozilov (eds), Integration und Recht (Munich, C.H. Beck 2003) [...]

Integration and Exclusion in the Migration Policy of the European Union - Fortress Europe?


ISBN: 3-406-51330-1

P P Craig, 'Integration, Democracy and Legitimacy' in P Craig and G de Burca (eds), The Evolution of EU Law (Oxford University Press 2011)

M J Spence, Intellectual Property (OUP 2007)

W Cornish and G Dinwoodie, 'Intellectual Property' in Andrew Burrows (ed), English Private Law (3d ed) (Oxford University Press 2013) (forthcoming)

C Greenhalgh and M Rogers, 'Intellectual property activity by service sector and manufacturing firms in the UK, 1996-2000' in H. Scarbrough (ed), The Evolution of Business Knowledge (Oxford University Press 2008)

A Ezrachi and S Anderman (Editors), Intellectual Property and Competition Law: New Frontiers (OUP 2011)

D Vaver and others (eds), Intellectual Property in the New Millennium: Essays in Honour of William R. Cornish (Cambridge University Press, 2004 2004) [...]

Co-editor of articles by leading academics, judges and lawyers on intellectual property issues in international law and in the UK, US and other jurisdictions. A favourable review by D. Mendis of Edinburgh University appears at http://www.law.ed.ac.uk/ahrb/script-ed/vol2-1/ipnm_review.asp.


ISBN: 0-521-84643-9

J Pila, 'Intellectual Property Law as a Case Study in European Harmonisation: Methodological Themes and Context' in A Ohly & J Pila (eds), The Europeanisation of Intellectual Property Law: Towards a European Legal Methodology (OUP 2013)

D Vaver, 'Intellectual Property Law: The State of the Art' in Frankel & Smith (eds), Essays on Intellectual Property Law and Policy (Victoria Univ. L.Rev. 2001) [...]

IP Law article


ISBN: 475110870

D Vaver (ed), Intellectual Property Rights: Critical Concepts in Law (Routledge (2006) 2006) [...]

Compilation of world's leading intellectual property articles in English language, spanning over 150 years from Dickens, Macaulay and Abraham Lincoln, to modern writers mainly in law but also in economics and other disciplines. In 5 volumes.


ISBN: 0-415-33087-4

C Greenhalgh and M Rogers, 'Intellectual Property, Competition and the Value of UK Firms' in C. Peeters and B. Van Pottelsberghe (eds), Economic and Management Perspectives on Intellectual Property Rights (Palgrave 2006)

J M Finnis, Intention and Identity (Oxford University Press 2011)

J Raz, 'Intention in Interpretation' in R.P. George (ed), The Autonomy of Law (The Autonomy of Law, ed. R.P. George 1996)

R Stevens and Ben McFarlane, 'Interests in Securities: Practical Problems and Conceptual Solutions' in L Gullfer and J Payne (eds), Intermediated Securities ( 2009)

J Payne, 'Intermediated Securities and the Right to Vote in the UK' in Louise Gullifer and Jennifer Payne (eds), Intermediated Securities: Legal Problems and Practical Issues (Hart Publishing 2010)

J Payne and Louise Gullifer (eds), Intermediated Securities: Legal problems and practical issues (Hart Publishing 2010) [...]

Globally, there has been a shift from securities being held directly by an investor, to a situation in which many securities are held via an intermediary. The existence of one or more intermediaries between the investor and the issuer has a potentially significant impact on the rights of the investor, the role and obligations of the issuer, and on the position and responsibilities of the intermediary. However, different jurisdictions have dealt with the issues arising from intermediation in a variety of ways. In the UK, for example, the concept of a trust is used to explain the different rights and obligations which arise in this scenario, whereas in the US the issues have been addressed by legislation, in the form of UCC Article 8. This variety is problematic, given that it is possible for an investor to hold securities in a number of different jurisdictions. A new UNIDROIT Convention on the issue of Intermediated Securities, the Geneva Securities Convention 2009, aims to create a common framework for dealing with these issues. This collection of essays explores the issues that arise when securities are held via an intermediary, and in particular assesses the solutions put forward by the new Convention on this issue.


ISBN: 978-1-84946-013-2

L Gullifer and J Payne (eds), Intermediated Securities: Legal Problems and Practical Issues (Hart Publishing 2010)

P Nebbia, Internal Market and the Harmonization of European Contract Law (2, in european union law for the twenty first century: rethinking the new legal order 2004) [...]

Explores the issue of the existence in the current EC Treaty of a suitable legal basis for comprehensive measures, such as the envisaged common frame of reference, which the European Commission is planning to take for the harmonization of contract law in the short-medium term


ISBN: 1-84113-460-0

L Green, 'Internal Minorities and their Rights' in W Kymlicka (ed), Rights of Cultural Minorities (Oxford University Press 1995)

L Green, 'Internal Minorities and their Rights' in J Baker (ed), Group Rights (University of Toronto Press 1994)

G Dinwoodie, W. Hennessey and S. Perlmutter, International and Comparative Patent Law (LexisNexis Publishing 2002)

G S Goodwin-Gill, 'International and National Responses to the Challenges of Mass Forced Displacement' in Handmaker, J., de la Hunt, L. A. & Klaaren, J. (eds), Advancing Refugee Protection in South Africa (Berghahn Books 2008) [...]

This introductory chapter discusses the context in which developments in South Africa have taken place. It considers how the Security Council first took note of refugee movements from a 'Chapter VII perspective', before the events of September 2001; and it looks at some of the challenges for refugee protection at the national level.


ISBN: ISBN 9-781845-451097

D Sarooshi, 'International Criminal Justice: An Institutional Future?' in M. Cohen (ed), La promotion de la justice, des droits de l’homme et du règlement des conflits par le droit international ( 2006)

D Sarooshi, 'International Economic Law' in P. Cane and J. Conaghan (eds), The New Oxford Companion to Law (Oxford University Press 2008)

C Redgwell, 'International Environmental Law' in M. Evans (ed), International Law (Oxford University Press 2014) [...]

Evans' International Law provides wide-ranging analysis of all the key issues and themes in public international law and brings together an outstanding collection of interesting and diverse writings from the leading scholars in the field. The fourth edition succeeds both in explaining the principles of international law and exposing the debates and challenges that underlie it. Now fully revised and updated, it continues to provide an authoritative and stimulating overview of this increasingly important subject; revealing international law in its full diversity.


C Redgwell, 'International Environmental Law and Climate Change' in R Lyster and S Scott (eds), International Law in the Era of Climate Change (Edward Elgar 2012)

G Dinwoodie, W. Hennessey and S. Perlmutter, International Intellectual Property Law and Policy (LexisNexis Publishing 2001)

G Dinwoodie, W. Hennessey, S. Perlmutter and G. Austin, International Intellectual Property: Law and Policy (2nd ed., LexisNexis Publishing 2008)

A V Lowe, International Law (OUP 2007)

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)

D Sarooshi, 'International Law and Peace between the Nations' in R. O’Dair and A. Lewis (eds), Current Legal Issues ( 2001)

C Redgwell, Patricia Birnie and Alan Boyle, International Law and the Environment (3rd edn, Oxford University Press 2009) [...]

Coverage that provides a thorough grounding in the underlying principles with the added benefit of incisive criticism and commentary •Clear introductions and conclusions to chapters ensure students are guided through the subject and focus on the key issues •With detailed endnotes and a thorough bibliography the book offers a platform to a wealth of references to wider academic sources for advanced study and research New to this edition •Increased coverage of Genetically Modified Organisms and biotechnology •Extended analysis of ethics and the environment •New material on the International Maritime Organisation and Non Governmental Organisations •Increased use of sub-headings and summaries As conservation of the environment plays an increasingly important role within society, International Law and the Environment continues to be the essential read for students and practitioners alike.


N Calamita (ed), International Legal Developments in Review: 2006 (The Int'l Lawyer 2007) [...]

This volume presents a survey of the major developments in the field of international law, both public and private, for the period January through December 2006. The authors are distinguished practictioners and scholars. Over thirty-five areas are covered, ranging from dispute resolution to trade to regional reports to human rights. The volume is an annual co-publication of the Dedman School of Law, Southern Methodist University, and the American Bar Association, Section of International Law


A V Lowe, 'International Legal Issues Arising in the Kosovo Crisis' in Sienho Yee & Wang Tieya (eds), International Law in the Post-Cold War World (Reprint. Originally printed in ICLQ Vol 49, 2000) (Routledge 2001)

C Redgwell, 'International Legal Responses to the Challenges of a Lower Carbon Future: Energy Law for the Twenty-First Century ' in D Farrall, T Ahmed and D French (eds), Criminological and Legal Consequences of Climate Change (Hart Publishing 2012) [...]

This edited collection, the result of an international seminar held at the International Institute for the Sociology of Law, Oñati, Spain in 2010, explores the potential legal and criminological consequences of climate change, both domestically and for the international community. A novel feature of the book is the consideration given to the potential synergies between the two disciplinary foci, thus to encourage among legal scholars and criminologists not only an analysis of the consequences of climate change from these perspectives but to bring these fields together to provide a unique, inter-disciplinary exploration of the ways in which climate change does, or could, impact on our societies. Such an inter-disciplinary approach is necessary given that climate change is a multifaceted phenomenon and one which is intimately linked across disciplines. To study this topic from the point of view of a single social science discipline restricts our understanding of the societal consequences of climate change. It is hoped that this edited collection will identify emerging areas of concern, illuminate areas for further research and, most of all, encourage future academic discussion on this most critical of issues.


D Akande, 'International Organizations' in Evans (ed), International Law (3rd ed.) (OUP 2010)

D Akande, 'International Organizations' in Evans (ed), International Law (Oxford University Press 2014) [...]

This chapter examines the legal framework governing international organizations. It begins with an examination of the history, role and nature of international organizations. It is argued in the chapter that although the constituent instruments and practices of each organization differ, there are common legal principles which apply to international organizations. The chapter focuses on the identification and exploration of those common legal principles. There is an examination of the manner in which international organizations acquire legal personality in international and domestic law and the consequences of that legal personality. There is also discussion of the manner in which treaties establishing international organizations are interpreted and how this differs from ordinary treaty interpretation. The legal and decision-making competences of international organizations are considered as are the responsibility of international organizations and their privileges and immunities. Finally, the chapter examines the structure and powers of what is probably the leading international organization—the United Nations (UN).


ISBN: 978-0-19-965467-3

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) (forthcoming)

D Sarooshi, International Organizations and Their Exercise of Sovereign Powers (OUP: Oxford Monographs in International Law Series 2007)

D Sarooshi, International Organizations and Their Exercise of Sovereign Powers (Oxford Monographs in International Law Series) (OUP 2005) [...]

This 2005 hardback edition of this book was awarded the 2006 Myres S. McDougal Prize by the American Society for Policy Sciences, and also the 2006 American Society of International Law book prize (Preeminent Contribution to Creative Scholarship).


ISBN: 978-0-19-922577-4

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)

A Ezrachi, International Research Handbook on Competition Law (Ed, EE, forthcoming 2012)

S Vogenauer, 'Interpretation of Contracts: Concluding Comparative Observations' in A Burrows and E Peel (eds), Contract Terms (Oxford University Press 2007)

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)

J Cartwright, 'Interpretation of English Law in Light of the Common Frame of Reference' in H. Snijders and S. Vogenauer (eds), Content and Meaning of National Law in the Context of Transnational Law (Sellier 2009) [...]

Discussion of how English courts may be faced with interpreting the Cmmon Frame of Reference, with particular reference to duties of good faith in negotiation and performance of contacts.


ISBN: 9783866531277

S Vogenauer, 'Interpretation of the UNIDROIT Principles of International Commercial Contract by National Courts' in H Snijders and S Vogenauer (eds), Content and Meaning of National Law in the Context of Transnational Law (Sellier European Law Publishers 2009) [...]

pp. 157-197.


ISBN: 978-3-86653-127-7

J Dickson, 'Interpreting Normativity' in Properties of Law: Essays in Honour of Jim Harris (OUP 2006) [...]

This article was commissioned by the editors of a festschrift volume of essays in honour of Professor Jim Harris' work. It examines and critically assesses Professor Harris' interpretation of the work of Hans Kelsen on the normativity of law.


ISBN: 0-19-929096-2

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.


P P Craig and others, 'Introduction' in P. Craig and A. Tomkins (eds), The Executive and Public Law: Power and Accountability in Comparative Perspective (Oxford University Press 2005) [...]

Introduction to the collection of essays, developing themes that run throughout the book


ISBN: 0-19-928559-4

J Armour and J. A. McCahery, 'Introduction' in J. Armour and J. A. McCahery (eds), After Enron: Reforming Corporate Law and Modernising Securities Regulation in Europe and the US (Hart Publishing, Oxford 2006)

John Gardner, 'Introduction' in H L A Hart, Punishment and Responsibility, Second Edition (Oxford University Press 2008)

M Bosworth, 'Introduction' in M Bosworth and J Flavin (eds), Race, gender and punishment: From colonialism to the war on terror (Rutgers University Press 2007)

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

P P Craig and others, 'Introduction' in P Craig and G de Burca (eds), The Evolution of EU Law (Oxford University Press 2011)

E De Wet and J Vidmar, 'Introduction' in E De Wet, J Vidmar (eds), Hierarchy in International Law: The Place of Human Rights (Oxford University Press 2012)

R G Hood, 'Introduction' in Jon Yorke (ed), Against the Death Penalty: International Initiatives and Implications (Aldershot: Ashgate 2008)

R Ekins, 'Introduction' in R. Ekins (ed), Modern Challenges to the Rule of Law (Wellington: LexisNexis 2011)

J J W Herring, C. Regan, D. Weinberg and P. Withington, 'Introduction' in J. Herring, C. Regan, D. Weinberg and P. Withington (eds), Intoxication and Society ( 0)

E Descheemaeker, 'Introduction' in E Descheemaeker (ed), Peter Birks, The Roman Law of Obligations (OUP 2014) [...]

This is the introductory chapter to the posthumous edition of Peter Birks’ Roman Law of Obligations (OUP 2014). The book comprises a complete set of lectures notes on the topic, which were delivered in Edinburgh in 1982 and found in the author’s archives after his death. The introductory chapter presents the lectures, their substance and significance, the work carried out by the editor, and also the wider Peter Birks Papers Series, of which this volume is the first.


P Davies, Introduction to Company Law 2nd ed (OUP, Clarendon Law Series 2010)

A Johnston and P.J. Slot, Introduction to Competition Law (Hart Publishing 2006) [...]

Competition law is a subject of central importance. An accessible introduction to this legal field is thus indispensable for students and practitioners alike. This book is intended to serve as a first acquaintance with competition law and is written in particular for students who intend to study a foundation course in competition law. The current competition law in the UK consists of two main levels: EC competition law and UK competition law. In this introduction both levels are covered, along with an abbreviated introduction to the EC rules on state aids. An important function of this book is to provide an insight into the combined system of UK and EC competition law. Therefore, for the three main subjects (the prohibition of cartels, the prohibition of the abuse of a position of dominance and the supervision of concentrations (mergers and acquisitions) extensive examples, drawn from European and UK practice, have been provided. These examples are then used in the explanation of the general principles, taking into account the changes as a result of the recent introduction of Regulation 1/2003. With this approach, the book aims to reach a broad range of readers: students, teachers in further and higher education, officials and practising lawyers who are not usually faced with competition law issues in their everyday working lives. Extra information has also been included in the footnotes, indicating references to the more specialised literature.


ISBN: 9781841134451

J Roberts, 'Introduction to Criminal Justice in Canada' in Criminal Justice in Canada (Fourth Edition) (Toronto: Pearson 2011)

S Douglas-Scott, Oliver and Tadros, 'Introduction to Faith in Law: Essays in Legal Theory' in Douglas-Scott, Oliver, Tadros (eds), Faith in Law (Oxford: Hart Publishing 2000)

Simon Whittaker (ed), Introduction to fault in product liability (Cambridge University Press 2010) [...]

This forms the introduction and general overview of the work which I also edited on the historical development of product liability in 6 European laws. It forms part of a wider AHRD project on Legal Development (the first stage of which focussed on the development of liability for fault) run by John Bell and David Ibbetson of Cambridge.


ISBN: ISBN 978-0-521-49429

R J Smith, Introduction to Land law (Pearson (Longman) 2007)

R J Smith, Introduction to land law (2nd edn, Pearson 2010)

R J Smith, Introduction to Land Law (Pearson 2013)

L Green, 'Introduction to the Concept of Law' in The Concept of Law, 3rd Edition (Oxford University Press 2012)

S Vogenauer, 'Introduction' (pp 1-20), 'General Provisions - Arts 1.6-1.9' (pp 140-201), 'Interpretation - Arts 4.1-4.8' (pp 491-539), 'Content' - Arts 5.1.1-5.1.9 (pp 540-576), 'Third Party Rights - Arts 5.2.1-5.2.6' (pp 577-610), 'Appendix I - Synopsis of Instruments' and 'Appendix II - Bibliography' in S Vogenauer and J Kleinheisterkamp (eds), Commentary on the UNIDROIT Principles of International Commercial Contracts (Oxford University Press 2009)

W E Peel (ed), Introduction, in Forum Shopping in the European Judicial Area (2007) (Hart Publishing 2007) [...]

An introductory report assessing the issues raised by the decisions of the ECJ in Owusu, Gasser & Turner


ISBN: 978-1-84113-783-4

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.


Julie Dickson and P Eleftheriadis, 'Introduction: The Puzzles of European Union Law' in Julie Dickson & Pavlos Eleftheriadis (eds), Philosophical Foundations of European Union Law (Oxford University Press 2012)

H Collins, 'Introduction: The Research Agenda of Implicit Dimensions of Contracts' in D. Campbell, H. Collins, J. Wightman (eds), Implicit Dimension of Contract: Discrete, Relational, and Network Contracts (Hart Publishing 2003)

M 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)

J M Eekelaar, 'Invoking Human Rights' in Timothy Endicott, Joshua Getzler and Edwin Peel (eds), Properties of Law: Essays in Honour of Jim Harris (OUP 2006) [...]

Analysis of the nature of human rights invocations, with special reference to the work of Jim Harris


ISBN: 0-19-929096-2

J M Finnis, 'Invoking the Principle of Legality against the Rule of Law' in Richard Ekins (ed), Modern Challenges to the Rule of Law (LexisNexis, Wellington 2011) [...]

Critique of Lords decision in Purdy and discussion of the Director Public Prosecutions guidelines on prosecution for assisting suicide


K Baker, R Burnett and C Roberts, 'Is Asset really an asset? Risk assessment of young offenders' in What Works in Probation and Youth Justice: Developing Evidence-Based Practice (Cullompton: Willan 2004)

J Dickson, 'Is Bad Law Still Law? Is Bad Law Really Law?' in Maksymilian Del Mar and Zenon Bankowski (eds), Law as Institutional Normative Order (Ashgate 2009)

S J Douglas, 'Is Possession Factual or Legal?' in E Descheemaeker (ed), The Consequences of Possession (Edinburgh University Press 2014)

J Freedman, 'Is Tax Avoidance Fair?' in C.Wales (ed), Fair Tax: Towards a Modern Tax System (Smith Institute 2008)

L Zedner, 'Is the Criminal Law is only for Citizens? A Problem at the Borders of Punishment' in K Franko Aas & M Bosworth (eds), The Borders of Punishment: Migration, Citizenship, and Social Exclusion (Oxford University Press 2013)

A V Lowe, 'Is the Nature of the International Legal System Changing? – A Response' in Austrian Review of International and European Law (Martinus Nijhoff 2003)

A S Burrows, 'Is there a Defence fo Good Consideration? ' in Charles Mtichell and William Swadling (eds), The Restatement Third: Restitution and Unjust Enrichment (Hart 2013)

R Stevens, 'Is there a law of unjust enrichment?' in S Degeling and J Edelman (eds), Unjust Enrichment and Commercial Law (Thomson 2008)

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)

H Collins, 'Is There a Third Way in Labour Law?' in J. Conaghan, R.M. Fischel, and K. Klare (eds), Labour Law in an Era of Globalisation (Oxford University Press 2001)

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)

D Sarooshi and M.Fitzmaurice, Issues of State Responsibility before International Judicial Institutions (Clifford Chance Series Volume VII 2004)

A Braun, 'Italy' in J. Glasson and G. Thomas (eds), The International Trust (2nd edn) (Jordans, Bristol 2006)

A Braun, 'Italy: the trust interno ' in D. Hayton (ed), The International Trust (3rd edn) (Jordans, Bristol 2011)

S Talmon, 'ITLOS - International Tribunal for the Law of the Sea' in Helmut Volger (ed), A Concise Encyclopedia of the United Nations (Kluwer 2002)

S Talmon, 'ITLOS - International Tribunal for the Law of the Sea' in Helmut Volger (ed), A Concise Encyclopedia of the United Nations (Martinus Nijhoff 2010)

M Chen-Wishart and others, Ius Commune Casebooks for the Common Law of Europe: Cases, Materials and Texts on Unjustified Enrichment (Hart Publishing 2003) [...]

The title is self-explanatory.I was a contributing editor for the United Kingdom with Prof Beatson with primary responsibility for 107 pages (of 585 total pages) being pps 31-34, 104-114, 171-173, 252-281, 285-319, 322-332, 524-542.


ISBN: 1-84113-126-1

H Beale, B Fauvarque-Cosson, S Vogenauer and JW Rutgers, Ius Commune Casebooks on the Common Law of Europe: Cases, Materials and Text on Contract Law (Hart Publishing 2010) [...]

lxxxiv + 1358 pp. This is the second edition of the widely acclaimed and successful casebook on Contract in the Ius Commune Series, developed to be used throughout Europe and aimed at those who teach, learn or practise law with a comparative or European perspective. The book contains leading cases, legislation and other materials from the legal traditions within Europe, with a focus on English, French and German law as the main representatives of those traditions. The book contains the basic texts and contrasting cases as well as extracts from the various international restatements (Vienna Sales Convention, UNIDROIT, Principles of European Contract Law and so on). Materials are chosen and ordered so as to foster comparative study, and complemented with annotations and comparative overviews prepared by a multinational team. The whole Casebook is in English. The principal subjects covered in this book include: General; Formation; Validity; Interpretation and Contents; Supervening Events; Remedies; Third Parties; The Tort/Contract Divide; Causation; Remedies; Fault and Unlawfulness; Liability for Others; Liability not based on fault as well as defences.


ISBN: 9781841136042

K S Ziegler, 'Jay Treaty (1794)' in R Wolfrum (ed), Encyclopedia of Public International Law (Oxford, OUP 2008)

H Collins, 'Job Security and Unfair Dismissal' in K. Ewing (ed), Working Life: A New Perspective on Labour Law (Institute of Employment Rights 1996)

R Burnett and C. Appleton, Joined-up Youth Justice: Tackling Youth Crime in Partnership (Russell House Publishing 2004)

I Loader, 'Journeying Into, and Away From, Neo-Liberal Penality' in M McCarthy (ed), Incarceration and Human Rights (Manchester University Press 2010)

A Braun, 'Judges and Academics: Features of a Partnership' in J Lee (ed), From House of Lords to Supreme Court. Judges, Jurists and the Process of Judging (Hart Publishing, Oxford 2010)

J S Getzler, 'Judges and Hunters: Law and Economic Conflict in the English Countryside, 1800-60' in C Brooks and M Lobban (eds), Communities and Courts in Britain 1150-1900 (Hambledon Press, London 1997)

P A Brand, 'Judges and Judging 1176 - 1307' in Paul Brand and Joshua Getzler (eds), Judges and Judging in the History of the Common Law and Civil Law: From Antiquity to Modern Times (Cambridge 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.


ISBN: 9781107018976

J C N Horder, 'Judges' Use of Moral Arguments in Interpreting Statutes' in Timothy Endicott, Joshua Getzler, and Edwin Peel (eds), Properties of Law: Essays in Honour of Jim Harris (OUP 2006)

E McKendrick, 'Judicial Control of Contractual Discretion' in Jean-Bernard Auby and Mark Freeland (eds), La distinction du droit public et du droit privé (L G D J Diffuseur 2004) [...]

An analysis of the extent to which judges can and do place limits on the exercise of a contractual discretion. Considers the extent to which public law principles can be applied to contracts concluded between private parties


ISBN: 2 913397 28 X

M Kurkchiyan, 'Judicial Corruption in the Context of Legal Culture.' in Diana Rodriguez and Linda Ehrichs (eds), Corruption in Judicial Systems (Cambridge university Press for Transparency International 2007)

A Tzanakopoulos, 'Judicial Dialogue as a Means of Interpretation' in HP Aust and G Nolte (eds), Interpretation of International Law by Domestic Courts (Oxford University Press 2015) (forthcoming) [...]

This chapter discusses whether judicial dialogue on international law between domestic courts may be conceptualised as a new means of interpretation--beyond the Vienna Convention on the Law of Treaties. After defining 'dialogue' and presenting its various potential iterations, the chapter argues that in fact judicial dialogue between domestic courts is required under international law, including the Vienna Convention. This is because domestic court decisions on international law may constitute subsequent practice which is to be taken into consideration when interpreting a treaty, in accordance with Article 31(3)(b) VCLT. But domestic court decisions may also constitute practice and/or reflect opinio juris, which domestic courts must find in order to determine the existence and content of customary international law. As such, domestic courts must engage with the relevant decisions on international law by domestic courts in other jurisdictions. They must engage in judicial dialogue as a means for interpreting international law.


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.


ISBN: 9781849462471

S Douglas-Scott, 'Judicial review in the European Court of Justice' in Dine, Douglas-Scott, Persaud (eds), Procedure and the European Court (Law Chancery 1991)

D J Galligan (ed), Judicial Review of Administrative Action in English Law (Giuffre' 2008)

P P Craig, 'Judicial Review of Questions of Law: A Comparative Perspective' in S Rose-Ackerman and P Lindseth (eds), Comparative Administrative Law (Edward Elgar 2011)

P P Craig, 'Judicial Review, Intensity and Deference in EU Law' in D. Dyzenhaus (ed), The Unity of Public Law (Hart Publishing 2004) [...]

A Study of the way in which the Community courts vary the intensity of judicial review and the way in which they thereby accord deference to the initial decision-maker


ISBN: 1-84113-434-1

A V Lowe, 'Jurisdiction' in M. Evans (ed), International Law, 2d ed. (OUP 2006)

A V Lowe, 'Jurisdiction' in M. Evans (ed), International Law (OUP 2003)

P P Craig, 'Jurisdiction of the Community Courts Reconsidered' in G. de Burca and J. Weiler (eds), The European Court of Justice (Oxford University Press 2001) [...]

Analysis of suggested changes to the jurisdiction of the Community courts


ISBN: 0-19-924601-7

J Roberts, 'Jury Reviews of Parole Eligibility for Life Prisoners' in Criminal Justice in Canada (Fourth Edition) (Toronto: Pearson. 2011)

M R Freedland, 'Jus Cogens, Jus Dispositivum, and the Law of Personal Work Contracts' in Themes in Comparative Law in Honour of Bernard Rudden (Oxford 2002)

J Jackson, B Bradford, EA Stanko and K Hohl, Just Authority? Trust in the Police in England and Wales (Routledge 2012)

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)

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)

S Douglas-Scott, 'Justice and Injustice in the EU' in de Burca, Kochenov, Williams (eds), Europe's Justice Deficit (Hart Publishing 2014) (forthcoming)

H Collins, Justice in Dismissal: The Law of Termination of Employment (Oxford University Press 1992)

F Pirie, 'Justice, community, and law: elusive concepts in Tibet' in Fernanda Pirie and Judith Scheele (eds), Leglism: Justice and Community (OUP 2014)

M J Spence, 'Justifying Copyright' in Daniel McClean and Karsten Schubert (eds), Dear Images (Ridinghouse 2002) [...]

Overview of copyright theory as applied to the visual arts


ISBN: 09541710

H Collins, 'Justifying European Employment Law' in S. Grundmann, W. Kerber, and S. Weatherill (eds), Party Autonomy and the Role of Information in the Internal Market (Walter de Gruyter 2001)

J Roberts and N. Bala, 'Juvenile Justice Reform in Canada.' in Handbook of International Juvenile Justice (Springer 2006)

M R Freedland and PL Davies, Kahn-Freund's Labour and the Law (3rd edition) (Sweet and Maxwell 1983)

L Duarte d'Almeida, J Gardner and L Green (eds), Kelsen Revisited: New Essays on the Pure Theory of Law (Hart Publishing 2013) [...]

Forty years after his death, Hans Kelsen (1881-1973) remains one of the most discussed and influential legal philosophers of our time. This collection of new essays takes Kelsen's Pure Theory of Law as a stimulus, aiming to move forward the debate on several central issues in contemporary jurisprudence. The essays in Part I address legal validity, the normativity of law, and Kelsen's famous but puzzling idea of a legal system's 'basic norm'. Part II engages with the difficult issues raised by the social realities of law and the actual practices of legal officials. Part III focuses on conceptual features of legal systems and the logical structure of legal norms. All the essays were written for this volume by internationally renowned scholars from seven countries. Also included, in English translation, is an important polemical essay by Kelsen himself.


ISBN: 9781849464567

J C N Horder, 'Killing The Passive Abuser: A Theoretical Defence' in Stephen Shute and Andrew Simester (eds), Criminal Law Theory: Doctrines of the General Part (OUP 2002) [...]

A defence of the view that battered women who intentionally kill their violently abusive partners can plead self-defence even when the abuser was asleep, or in some other way passive, when attacked.


ISBN: 0-19-924349-2

P A Brand, Kings, Barons and Justices: The Making and Enforcement of Legislation in Thirteenth Century England (Cambridge University Press 2003)

F Pirie, 'Kings, monks, bureaucrats and the police: Tibetan responses to law and authority' in F. von Benda-Beckmann, K. von Benda-Beckmann and A. Griffiths (eds), The power of law in a transnational world (Oxford: Berghahn. 2009)

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)

S Talmon, Kollektive Nichtanerkennung illegaler Staaten [Collective Non-recognition of illegal States] (Mohr Siebeck 2006) [...]

Abstract: The question of the legal effect of the recognition of new entities that call themselves ‘States’ has been characterized for over a century by the great debate between the constitutive and the declaratory schools of thought. An examination of the American, British and German State practice in the case of the internationally non-recognized Turkish Republic of Northern Cyprus, however, shows that neither of the two theories can satisfactorily explain the non-recognition as a State of an entity that meets all the international legal criteria for statehood but that has been created in violation of a fundamental norm of international law. Non-recognition of an existing State can neither have status-preventing nor status-confirming effect, it can only have status-denying, i.e. negatory, effect. The book is in three parts. Part I, entitled ‘The Collectively Non-Recognized States’, gives a historical overview of the creation in breach of international law and collective non-recognition of the Turkish Republic of Northern Cyprus and recalls the various precedents of collective non-recognition. Part II on ‘The Legal Bases of Collective Non-Recognition’ puts forward the central argument that non-recognition is the classic third party countermeasure in response to a serious breach of a fundamental norm of international law affecting the interests of the international community as a whole, and that this third party countermeasure, originally administered by the League of Nations, is today coordinated by United Nations. Part III details ‘The Legal Consequences of Collective Non-Recognition’, illustrating the central argument that non-recognition operates as a sanction by exploring the effects of collective non-recognition in the areas of treaties and unilateral acts, standing before national and international courts and tribunals, membership and representation in international organizations, bilateral relations, economic development and co-operation, postal and telecommunication services, maritime and air traffic and State responsibility.

The question of the legal effect of the recognition of new entities that call themselves ‘States’ has been characterized for over a century by the great debate between the constitutive and the declaratory schools of thought. An examination of the American, British and German State practice in the case of the internationally non-recognized Turkish Republic of Northern Cyprus however shows that none of the two theories can satisfactorily explain the non-recognition as a State of an entity that meets all the international legal criteria for statehood but that has been created in violation of a fundamental norm of international law. Non-recognition of an existing State can neither have status-preventing nor status-confirming effect, it can only have status-denying, i.e. negatory, effect. Collective non-recognition has been employed by the international community since the 1930s as a sanction against serious breaches of fundamental norms of international law affecting the international community as a whole. Initially coordinated by the League of Nations it is now administered by the United Nations. Non-recognition as a State means that other States do not just withhold all optional or discretionary relations and the resulting rights and privileges from an ‘illegal State’ but that they deny it all the rights, powers and privileges inherent in statehood. The book is in three parts. Part I, entitled ‘The Collectively Non-Recognized States’, gives a historical overview of the creation of the of the Turkish Republic of Northern Cyprus in breach of international law and its collective non-recognition (ch. 1) and recalls the precedents where an international organization – the League of Nations or the United Nations – called upon all States not to accord recognition to an illegal State: Manchukuo, the State of Rhodesia, and the South African homeland States Transkei, Bophuthatswana, Venda, and Ciskei (ch. 2). Part II on ‘The Legal Bases of Collective Non-Recognition’ contains the basic theoretical treatment of the subject. The central argument put forward is that, in line with Jellinek`s doctrine of the three elements of statehood, the existence of a State is a question of fact and that collective non-recognition is the classic countermeasure, or sanction, taken by third States in response to a serious breach of a fundamental norm of international law affecting the interests of the international community as a whole (ch. 3) and that this third party countermeasure is today coordinated by United Nations. Ch. 4 examines the competence of the organs of the United Nations to call for non-recognition of an illegal Sate and whether such calls create a legal obligation not to recognize or whether they are mere reminders of an existing obligation under customary international law. Part III details ‘The Legal Consequences of Collective Non-Recognition’, illustrating the central argument that non-recognition operates as a sanction. Taking the Turkish Republic of Northern Cyprus as a case study and contrasting its treatment by the United Kingdom, the United States of America and Germany with the earlier precedents of collective non-recognition the book explores the effects of collective non-recognition in the areas of treaties and unilateral acts (ch. 5), standing before national and international courts and tribunals (ch. 6), membership and representation in international organizations (ch. 7), bilateral relations (ch. 8), economic development and co-operation (ch. 9), postal and telecommunication services (ch. 10), maritime and air traffic (ch. 11) and State responsibility (ch. 12). The book draws extensively on the practice of States and international organizations (UN, UNEP, IMO, MIGA, ICAO, IATA, ITU, UPU, UNESCO, Council of Europe, EU and EIB) and, in the more than 5000 footnotes, reproduces extracts from many unpublished and hard to find documents and other materials. Two appendices (one giving an overview of the legal effects of collective non-recognition and the other listing all the treaties, agreements and other instruments concluded since 1974 by the Turkish Federated State of Cyprus and the Turkish Republic of Northern Cyprus), the extensive 48-page bibliography, table of cases, table of treaties, table of national and supranational legal acts, table of resolutions and declarations of international organizations, and the subject and persons index make the work an essential research tool for the questions of statehood in international law, recognition and the Cyprus conflict.


ISBN: 3-16-147981-5

WG Ringe and D Zimmer, 'Kommentierung der Art. 7, 8 SE-VO' in M Lutter and P Hommelhoff (eds), SE-Kommentar (SE-VO, SEAG, SEBG, Steuerrecht) (Otto Schmidt Verlag, Cologne 2008) [...]

Annotated guide on the European Company Statute


J Vidmar, 'Kosovo: Unilateral Secession and Multilateral State-Making' in Summers (ed), Kosovo: A Precedent? The Declaration of Independence, the Advisory Opinion and Implications for Statehood, Self-Determination and Minority Rights (M Nijhoff 2011)

A Ashworth, 'Kriterien fur die Proportionalitat der Strafe' in W. Frisch, A. von Hirsch and H.-J. Albrecht (eds), Tatproportionalitat (C.F. Muller Verlag, Heidelberg, Germany 2003) [...]

Contribution to book entitled TATPROPORTIONALITAT, edited by W. Frisch, A. von Hirsch and H.-J. Albrecht


ISBN: 3-8114-5145-6

A Braun, 'L'elemento contrattuale nei testamenti concordati: appunti sull'evoluzione storica nel diritto tedesco e inglese' in M. Lupoi (ed), Le situazioni affidanti (Giappichelli, Torino 2006)

A Tzanakopoulos, 'L'intervention du Conseil de sécurité dans les conflits internes' in C Bannelier and C Pison (eds), Le recours à la force autorisé par le Conseil de sécurité: droit et responsabilité (Pedone 2014) [...]

Abstract: This brief paper, based on a conference presentation, discusses the legal limits to the powers of the Security Council to intervene in 'domestic conflicts'. Most importantly, it focus on the control of these limits by the UN member States. It concludes the UN members may control the decisions of the Council to intervene in domestic conflicts it considers to constitute 'threats to the peace' in a decentralised manner.

This brief paper, based on a conference presentation, discusses the legal limits to the powers of the Security Council to intervene in 'domestic conflicts'. Most importantly, it focus on the control of these limits by the UN member States. It concludes the UN members may control the decisions of the Council to intervene in domestic conflicts it considers to constitute 'threats to the peace' in a decentralised manner.


ISBN: 978-2-233-00706-3

D Leczykiewicz, 'La conformité au principe de protection des droits de l’homme comme condition de la primauté des actes européens dans le troisième pilier' in A Frąckowiak-Adamska and R Grzeszczak (eds), L’espace judiciaire européen (Willy Brandt Zentrum 2010)

TAO Endicott, La Generalità del Diritto (Valeria Bortolotti trans, Mucchi Editore 2013) [...]

Translation into Italian of 'The Generality of Law' in Luís Duarte Almeida, Andrea Dolcetti, James Edwards (eds), Reading The Concept of Law (Oxford University Press 2013). With a new Preface on H.L.A.Hart and Jurisprudence in Oxford.


ISBN: 978-88-7000-614-8

A Braun, 'La giurisprudenza italiana sui trust' in M Dogliotti and A Braun (eds), Il trust nel diritto delle persone e della famiglia (Giuffré, Milano 2003)

S Talmon, La non reconnaissance collective des Etats illégaux (Institut des Hautes Etudes Internationales de Paris, Cours et Travaux 2007)

I Papanicolopulu, 'La nozione di giurisdizione ai sensi dell’art. 1 della Convenzione Europea dei Diritti Umani nella recente giurisprudenza della Corte Europea dei Diritti Umani' in T. Scovazzi, I. Papanicolopulu, S. Urbinati (eds), I diritti umani di fronte al giudice internazionale. Atti della giornata di studio in memoria di Carlo Russo (Giuffrè Editore 2009)

M Köpcke Tinturé, 'La nueva “Tierra Prometida”: derechos humanos del inmigrante frente a la sociedad de acogida' in Antonio Marzal (ed), Migraciones masivas y derechos del hombre (J.M. Bosch, Barcelona 2002)

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

G. Giacca, 'La responsabilité de protéger' in V. Chetail (ed), Lexique de la consolidation de la paix (Bruylant, Bruxelles 2009)

M R Freedland and PL Davies, Labour Law - Text and Materials (1979) 2nd edition (Weidenfelds 1984)

H Collins, Labour Law: Law in Context Series (Cambridge University Press 2012)

H Collins, Labour Law:Text and Materials (2nd, Hart Publishing 2005)

M R Freedland and PL Davies, Labour Legislation and Public Policy: a Contemporary History (Clarendon Law Series, Oxford 1993)

W J Swadling, 'Land Burdens - An English Perspective' in S van Erp & B Akkermans (eds), Towards a Unified System of Land Burdens? (Intersentia 2006)

P J Clarke, 'Land Law and Trusts' in All England Annual Review 2006 (Lexis Nexis Butterworths 2007)

P J Clarke, 'Land Law and Trusts' in All England Annual Review 2005 (Lexis Nexis Butterworths 2006)

S J Bright, Landlord and Tenant Law in Context (Hart Publishing 2007)

S J Bright, Landlord and Tenant Law. Past, Present and Future. (Hart 2006) [...]

Collection of essays edited by Susan Bright, with introduction by Susan Bright. Based on conference papers for conference held in September 2005. The conference was conceived and brought together by me to stimuate debate between academics and practitioners, and to provide a reflective look at landlord and tenant law as a whole.


ISBN: 978-1-84113-593-9

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

I Loader, E Girling and R Sparks, 'Landscapes of Protection: The Past, Present and Futures of Policing in an English Town' in P. Carlen and R. Morgan (eds), Crime Unlimited: Questions for the Twenty-First Century (Palgrave 1999)

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)

P P Craig and others, Law and Administration in Europe: Essays in Honour of Carol Harlow (Oxford University Press 2003) [...]

Edited volume in honour of Professor Carol Harlow. I was one of the co-editors. The essays were concerned with public law and EU law


ISBN: 0-19-926537-2

J M Eekelaar, 'Law and Community Practices' in Mavis Maclean and John Eekelaar (eds), Managing Family Justice 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.


ISBN: 978-1-84946-400-0

D J Galligan and Marina Kurkchiyan (eds), Law and Informal Practices in Post-Communist Societies (Oxford 2003)

M Kurkchiyan and Denis J. Galligan (eds), Law and Informal Practices: The Post-Communist Experience (Oxford: Oxford University Press 2003)

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)

TAO Endicott, 'Law and Language' in Jules L.Coleman and Scott Shapiro (eds), Handbook of Jurisprudence and Legal Philosophy (OUP 2002)

L Green, 'Law and Obligations' in J. Coleman and S. Shapiro (eds), The Oxford Handbook of Jurisprudence and Philosophy of Law (OUP 2002)

J J W Herring, 'Law and policy concerning older people' in John Eekelaar and Rob George (eds), Routledge Handbook of Family Law and Policy (Routledge 2014)

F Pirie, 'Law and Religion in Historic Tibet' in F.&K. von Benda-Beckmann, M. Ramstedt, B. Turner (eds), Religion in Disputes (Palgrave MacMillan 2013)

J S Getzler, 'Law and Self-Interest' in Maksymilian Del Mar and Michael Lobban (eds), Legal Theory and Legal History: A Neglected Dialogue ( 2014) (forthcoming)

L Green and Allan C. Hutchinson (eds), Law and the Community: The End of Individualism? (Carswell 1989)

John Gardner, 'Law as a Leap of Faith' in P Oliver, S Douglas-Scott and V Tadros (eds), Faith in Law (Hart Publishing 2000) [...]

(pre-publication version)


ISBN: 1-901362-95-7

John 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.


ISBN: 978-0-19-969555-3

L Green, 'Law as a Means' in P Cane (ed), The Hart-Fuller Debate in the Twenty-First Century (Hart Publishing, Oxford 2010)

K O Hawkins, Law as last resort: prosecution decision-making in a regulatory agency (Oxford: Oxford University Press 2002) [...]

This book was awarded the Herbert Jacob Prize by the American Law and Society Association in June 2003. The Jacob Prize is awarded annually' to recognise new, outstanding work in law and society scholarship;. The Prize is 'open to books from all fields of, and approaches to, law and society scholarship', covering 'all aspects of the field and from any country of origin'. The book was described as 'a major contribution to law and society scholarship'.


ISBN: 0-19-924388-3

H Collins, 'Law as Politics' in Penner, Schiff, Nobles (eds), Jurisprudence: text and materials (Butterworths 2002)

A Johnston and H. Unberath, 'Law at, to or from the centre? The European Court of Justice and the Harmonisation of Private law in the European Union' in Prof. Fabrizio Cafaggi (ed), The Institutional Framework of European Private Law (Oxford University Press 2006)

J J W Herring, Law Express: Family Law (Pearson 2007) [...]

Family Law Textbook


ISBN: 9781405847155

D J Galligan, Law in Modern Society (OUP 2006)

S Talmon, 'Law of the Sea' in Helmut Volger (ed), A Concise Encyclopedia of the United Nations (Kluwer 2002)

S Talmon, 'Law of the Sea' in Helmut Volger (ed), A Concise Encyclopedia of the United Nations (Martinus Nijhoff 2010)

John Gardner, 'Law's Aim in Law's Empire' in Scott Hershovitz (ed), Exploring Law's Empire (Oxford University Press 2006)

J Armour, 'Law, Finance and Innovation' in McCahery, J.A. & Renneboog, L. (eds), Venture Capital Contracting and the Valuation of Hi-Tech Firms (Oxford: OUP 2003) [...]

This chapter reviews evidence about the extent to which law and lawyers ‘matter’ for venture capital investment. As such, it relates both to the policy debate about financing innovative firms and more generally to the comparative finance literature that has investigated the extent to which law may be one of the determinants of differing patterns of corporate finance across various countries. The review is organised around the idea that law may ‘matter’ in a variety of ways for corporate finance. The starting point is a model of what venture capital investment involves, derived from empirical studies in the US. The venture capitalist is a financial intermediary, who raises funds from end-investors which are then used to finance small entrepreneurial firms. The contracts between the venture capitalist and the investee firms have complex terms which can be understood as responses to agency problems inherent in the financing relationship. The first way in which laws may ‘matter’ is by affecting the way in which the practice of venture capital investment is structured—most obviously, in the terms of the contracts used. Empirical studies of the contracting practices of venture capitalists show clear differences between national practices, and it is plausible that some at least of these may be driven by differences in the legal regimes. Most obviously, these might arise due to mandatory legal rules—for example, local tax laws—which distort choices of inframarginal investors in favour of a particular type of financial contract.


J S Getzler, 'Law, history and the social sciences: intellectual traditions of late 19th and early 20th century Europe' in A Lewis and M Lobban (eds), Law and History: Current Legal Issues (OUP 2003)

J M Finnis, 'Law, Universality, and Social Identity' in John Finnis (ed), Intention and Identity: Collected Essays of John Finnis, volume 2 (Oxford University Press 2011) [...]

How should we understand Aquinas’s thesis that laws are universal propositions of practical reason? And should we accept the popular modern claim that to prefer one set of forms of human character, relationship, and conduct to certain others, and consequently to restrict the conduct of persons with those other preferences, is wrongfully to deny those persons’ equality of entitlement to concern and respect, and/or to insult them? Answering the first question involves showing how legal norms transcend the intentions of their makers, draw upon considerations of ‘natural reason’, and depend for their subsisting on the subsisting of the community whose norms they are. The conditions for the community’s subsisting turn out to depend, in turn, on aspects of the public good the upholding of which is an intention which absolves those who act upon it from Dworkin’s charges that they are flouting equality of respect and Raz’s charges that they are insulting those whose conduct those actions bear upon. Multiculturalism will often be a menace to public good, justice, and peace.


I Goold and C Kelly (eds), Lawyers’ Medicine: The Historical Interaction of Medicine and the Legislature, 1760-2000 (Hart Publishing 2009) [...]

This book investigates how the requirements, limitations and intellectual structure of the British legal process have shaped medicine and medical practice. The story of this inter-relationship is greatly under-researched, which is particularly concerning given that the legal system remains a significant and pervasive influence on medicine and its practice to this day. The question which unifies the series of historical studies presented here is whether legal consideration of medical practice and concepts has played a part in the construction of medical concepts and affected developments in medical practice - in other words how the external, legal gaze has shaped the way medicine itself conceptualises some of its practices and classifications. The majority of the chapters consider this question in the context of the development and application of legislation, but the influence of court processes is also considered. Other themes which emerge from the book include the nature and exclusivity of medical expertise, the impact of public opinion on the development of medical legislation, and the difficulty the legal system has faced in dealing with new medical developments. The chapters are arranged chronologically, with an introduction drawing out themes that emerge from the chapters as a whole.


ISBN: 978-1-84113-849-7

I Goold and C Kelly, 'Lawyers’ Medicine: The Interaction of the Medical Profession and the Law, 1760–2000' in Imogen Goold and Catherine Kelly (eds), Lawyers’ Medicine: The Historical Interaction of Medicine and the Legislature, 1760-2000 (Hart Publishing 2009) [...]

The 19th and 20th centuries were notable for two major and concurrent changes which have helped to shape modern Britain. It is the interplay of these processes which is the subject of this collected volume. One was the rapid development of medical science, which progressed through various stages allowing it increasingly to assert the ‘scientific certainty’ of medical conclusions or opinions. Over the same period, the role and regulatory activities of British government were significantly extended. Parliament began to pass legislation on a much broader range of issues than it had previously attempted. This wider sphere included medical practice. The increased ‘scientific certainty’ of medical conclusions gave those conclusions greater utility to the State when it engaged in fact-finding exercises and accounts, in part, for the increasing appearance of medical experts, opinion, and evaluation of medical practice in its law making bodies.


ISBN: 978-1-84113-849-7

M R Freedland, Le cadre juridique des relations du travail et de la protection sociale en Grande Bretagne (Collection Jupiter, Paris 1993)

R Williams and N Padfield, 'Le Cas Anglais: L’absence d'interactions? ' in Geneviève Giudicelli-Delage, Stefano Manacorda (eds), Cour de Justice et Justice Pénale en Europe ( 2010) [...]

Abstract: The book collects together work by authors from England, France, Spain, Italy and Belgium in order to examine the impact of the European Court of Justice (ECJ) in the field of criminal law. The first part investigates the case law of the ECJ per se, while the second part examines the interaction between this jurisprudence and the domestic systems of the Member States. In the case of the UK, Williams and Padfield seek to explain why there has not been so much discussion of European criminal case law in the domestic courts of England and Wales as there has been in other Member States.

D Vaver, 'Le concept d’invention en droit des brevets: bilan et perspective' in M. Vivant & J.-M. Bruguière (eds), Protéger les inventions de demain: Biotechnologies, logiciels et méthodes d’affaires (Institut National de la Propriété Industrielle 2003) [...]

IP law article


ISBN: 2-11-005313-5

Simon Whittaker, 'Le rayonnement de René David' in Association Henri Capitant des amis de la culture juridique française (ed), Hommage René David (Dalloz 2012)

A Briggs and others, 'Learning to learn from others in Europe in commercial litigation' in Grenzueberschreitungen Beitraege zum Internationalen Verfahrensrecht und zur Schiedsgerichtsbarkeit: Festschrift fuer Peter Schlosser zum 70. Geburtstag ( 2005) [...]

Analysis of the value of judicial cooperation and understanding in European Commercial Litigation


ISBN: 3-16-148634-X

J Payne, 'Legal Capital in the UK following the Companies Act 2006' in J Armour and J Payne (eds), Rationality in Company Law: Essays in Honour of DD Prentice (Hart publishing 2009)

A Dickinson, 'Legal Certainty - Too Much of a Good Thing?' in Pascal de Vareilles-Sommières (eds), Forum Shopping in the European Judicial Area (Hart Publishing 2007)

WG Ringe and PM Huber, Legal Challenges in the Global Financial Crisis: Bail-outs, the Euro and Regulation (Hart Publishing, Oxford 2014) [...]

The global financial and economic crisis which started in 2008 has had devastating effects around the globe. It has caused a rethinking in different areas of law, and posed new challenges to regulators and private actors alike. One of the emerging issues is the apparent eclipse of boundaries between different legal disciplines: financial and corporate lawyers have to learn how public law instruments can complement their traditional governance tools; conversely, public lawyers have had to come to understand the specificities of the financial markets they intend to regulate. While commentary on financial regulation and the global financial crisis abounds, it tends to remain within disciplinary boundaries. This volume not only brings together scholarship from different areas of law (constitutional and administrative law, EU law, financial law and regulation), but also from a variety of backgrounds (academia, practice, policy-making) and a number of different jurisdictions. The volume illustrates how interdisciplinary scholarship belongs at the centre of any discussion of the economic crisis, and indeed regulation theory more generally. This is a timely exploration of cutting-edge issues of financial regulation.


H Collins, 'Legal Classifications as the Production of Knowledge Systems' in P. Birks (ed), The Classification of Obligations (Clarendon Press 1997)

F Pirie, 'Legal complexity on the Tibetan plateau.' in F. and K. von Benda-Beckmann (eds), Dynamics of plural legal orders (Journal of Legal Pluralism, special issue 2006)

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)

P P Craig, 'Legal Control over Regulatory Bodies: Principle, Policy and Teleology' in P Birkinshaw and M Varney (eds), The European Legal Order after Lisbon (Kluwer Law International 2010)

F Pirie, 'Legal dramas on the Amdo grasslands: abolition, transformation or survival?' in K. Buffetrille (ed), The transformation of ritual in Tibet in the contemporary period. (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.


ISBN: 9789004232174

R H S Tur, Legal Ethics (Routledge Encyclopedia of Philosophy Online 2002) [...]

http://www.rep.routledge.com


J J W Herring, Legal Ethics (Oxford University Press 2014) [...]

A textbook on professional ethics for lawyers.


L Green, 'Legal Ethics: Sociology and Morality' in D MacNiven (ed), Moral Expertise ( 1990)

D J Galligan, 'Legal Failure: Law and Social Norms in Post-Communist Europe' in Galligan and Kurkchiyan (eds), Law and Informal Practices:The Post-Communist Experience (OUP 2003)

R Bird, 'Legal Information Literacy' in Richard Danner & Jules Winteron (eds), IALL International Handbook of Legal Information Management (Ashgate 2011)

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.


ISBN: 978-0-415-87818-0

A Johnston, 'Legal issues raised by the introduction of take-or-pay contracts for renewables deployment in the UK' in B. Delvaux, M. Hunt and K. Talus (eds), EU Energy Law and Policy Issues – The Energy Law Research Forum Collection (Euroconfidentiel/European Study Service 2008)

J Dickson, 'Legal Positivism: Contemporary Debates' in Andrei Marmor (ed), The Routledge Companion to Philosophy of Law (Routledge 2012)

H Collins and C. Scott, 'Legal Problems in Private Law in Quality Assurance Contracts: United Kingdom Report ' in G. Bruggermeier (ed), Rechtprobleme von Qualitatsmanagementvereinbarungen und EG-Binnenmarkt (Baden Baden: Nomos 1998)

Roy Goode, Legal Problems of Credit and Security (Louise Gullifer ed, 4th edn, Thomson Sweet & Maxwell 2008)

A Higgins, Legal professional privilege for corporations (OUP 2014)

R M Bagshaw, 'Legal Proof of Knowledge' in Mirfield and R Smith (eds), Essays for Colin Tapper (LexisNexis Butterworths 2003)

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)

H Collins (ed), Legal Regulations of the Employment Relation (Kluwer Law International 2000)

P Eleftheriadis, Legal Rights (Oxford University Press 2008)

D J Galligan, 'Legal Theory and Empirical Research' in P. Cane and H. Kritzer (eds), Oxford Handbook of Empirical Legal Studies (Oxford University Press 2010)

M Köpcke Tinturé, Legal Validity ( 2014) (forthcoming)

M Köpcke Tinturé, 'Legal Validity: Law's Craftsmanship of Rights' in Gregoire Webber, Paul Yowell (eds), Legislated Rights ( 2014) (forthcoming)

D J McBarnet, 'Legal work in transnational transactions' in A Masson (ed), Legal Strategies (Springer 2009)

F Pirie and J. Scheele (eds), Legalism: Justice and Community (Oxford: University Press. 2014) (forthcoming)

R Ekins, 'Legislating Proportionately' in G Huscroft, B Miller and G Webber (eds), Proportionality and the Rule of Law: Rights, Justification, Reasoning ( 2014) (forthcoming)

P Yowell, 'Legislation, Common Law and the Virtue of Clarity' in R Ekins (ed), Modern Challenges to the Rule of Law (LexisNexis, Wellington 2011)

P P Craig, 'Legitimacy in Administrative Law: European Union' in M Ruffert (ed), Legitimacy in European Administrative Law: Reform and Reconstruction (Europa Law Publishing 2011)

S R Weatherill and others, 'Legitimacy, Accountability and Delegation in the European Union' in Arnull and Wincott (eds), Accountability and Legitimacy in the European Union (OUP 2002)

J Dill, Legitimate Targets? Social Construction, International Law and US Bombing Cambridge Studies in International Relations, Cambridge: Cambridge University Press, forthcoming in October 2014 ( 2014)

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) [...]

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 Vogenauer, 'Les effets du contrat à l'égard des tiers: regards comparatistes sur l'avant-projet' in J Cartwright, S Vogenauer and S Whittaker (eds), Regards comparatistes sur l'avant-projet de réforme du droit des obligations et de la prescription (Société de législation comparée (Droit privé comparé et européen, vol 9) 2010)

Simon Whittaker, 'Les sanctions de l'inexecution des contrats, droit anglais' in M. Fontaine and G. Viney (eds), Les sanctions de l'inexecution des obligations contractuelles, Etudes de droit compare (Bruyant, Bruxelles and LGDJ, Paris 2001) [...]

This article looks at the English law governing non-performance and breach of contract in English law and draws comparisons with aspects of the French and Belgian law.


ISBN: 2-8027-1465-1

E J F Simpson, Lewin on Trusts (Mowbray, Tucker, Le Poidevin and Simpson, 17th edn, Sweet & Maxwell 2000)

E J F Simpson, Lewin on Trusts (Mowbray, Tucker, Le Poidevin, Simpson and Brightwell, 18th edn, Thomson Sweet & Maxwell 2008)

E J F Simpson and others, Lewin on Trusts, First Supplement to the Seventeenth Edition (Sweet & Maxwell 2003) [...]

Comprehensive updating service of a leading text.


ISBN: 0421-85180-5

Simon Whittaker, Liability for Products: English Law, French Law and European Harmonisation (OUP 2005)

S J Douglas, Liability for Wrongful Interferences with Chattels (Hart Publishing 2011)

J Cartwright, 'Liability in Tort for Pre-Contractual Non-Disclosure' in A Burrows and E Peel (eds), Contract Formation and Parties (OUP 2010) [...]

Discussion and criticism of recent cases holdinbg that a fraudulent breach of a duty of disclosure is actionable within the tort of deceit.


ISBN: 9780199583706

J Raz, 'Liberalism, Autonomy and the Politics of Neutral Concern' in J. Kis (ed), Contemporary Political Philosophy (CEU Press 0) [...]

also in Bulgarian, Czech, Lithuanian, Latvian, Ukranian, Georgian and Belorussian translations.


J Raz, 'Liberalism, Autonomy and the Politics of Neutral Concern' in Ying Qi (ed), Liberal Neutrality and Its Critics (Jiangsu People's Publishing House, Nanjin 0) [...]

Translation


I Loader and N Walker, 'Liberty, Security and the Responsible State' in D Leighton and S White (eds), Building a Citizen Society: The Emerging Politics of Republican Democracy (Lawrence & Wishart 2008)

P S Davies, 'Lighting the way ahead: the use and abuse of property rights' in S Bright (ed), Modern Studies in Property Law - Volume 6 (Hart 2011)

W J Swadling, 'Limitation' in Birks & Pretto (eds), Breach of Trust (Hart Publishing 2002)

A S Burrows, 'Limitations on Compensation' in Andrew Burrows and Edwin Peel (eds), Commercial Remedies: Current Issues and Problems (OUP 2003) [...]

Explores various limits on contractual damages and equitable compensation


ISBN: 0-19-926465-1

J Freedman, 'Limited Liability Partnerships in the United Kingdom: Do They Have a Role for Small Firms?' in J. McCahery, T. Raaijmakers, E.Vermeulen (eds), The Governance of Close Corporations and Partnerships (OUP 2004) [...]

Reprinted from The Journal of Corporate Law, with postscript.


ISBN: 0-19-926435-X

J Roberts, 'Listening to the Crime Victim: Evaluating Victim Input at Sentencing and Parole' in M Tonry (ed), Crime and Justice (volume 38) (University of Chicago Press 2009)

I Loader and N Walker, 'Locating the Public Interest in Transnational Policing' in A Goldsmith and J Sheptycki (eds), Crafting Transnational Policing (Hart 2006)

A S Burrows, 'Lord Bingham and Three Continuing Remedial Controversies ' in Adenas and Fairgrieve (eds), Tom Bingham and the Transformation of the Law (OUP 2009)

M R Macnair, 'Lord King and Lord Talbot: An Eighteenth Century Attempt to reduce delay in Equity and its general lessons' in C.H. van Rhee (ed), The Law's Delay : Essays on Undue Delay in Civil Litigation (Intersentia 2004)

P A Brand, 'Lordship and Learning: Studies in memory of Trevor Aston' in Stewards, Bailiffs and the Emerging Legal Profession in Later Thirteenth-Century England (The Boydell Press 2004) [...]

The career of one well-attested Norfolk local lawyer murdered in 1312 is used to explore the various functions performed by local lawyers in this period and the role of such lawyers in stimulating litigation and helping and advising litigants


ISBN: 1-84383-070-1

L Green, 'Loyalty, Security, and Democracy' in P Hanks and JD McCamus (eds), National Security: Surveillance and Accountability in a Democratic Society (Yvon Blais 1989)

C Redgwell, M. Bowman and P. Davies, Lyster's International Wildlife Law (2nd edn, Cambridge University Press 2010) [...]

The development of international wildlife law has been one of the most significant exercises in international law-making during the last fifty years. This second edition of Lyster's International Wildlife Law coincides with both the UN Year of Biological Diversity and the twenty-fifth anniversary of Simon Lyster's first edition. The risk of wildlife depletion and species extinction has become even greater since the 1980s. This new edition provides a clear and authoritative analysis of the key treaties which regulate the conservation of wildlife and habitat protection, and of the mechanisms available to make them work. The original text has also been significantly expanded to include analysis of the philosophical and welfare considerations underpinning wildlife protection, the cross-cutting themes of wildlife and trade, and the impact of climate change and other anthropogenic interferences with species and habitat. Lyster's International Wildlife Law is an indispensable reference work for scholars, practitioners and policy-makers alike.


J Cartwright, 'L’obligation de négocier? Un domaine de concurrence entre droit anglais et droit français des contrats.' in J. du Bois de Gaudusson and F. Ferrand (eds), La Concurrence des Systèmes Juridiques (Presses Universitaires d’Aix-Marseille 2008) [...]

Comparison of the different approaches of French and English law to the acceptance (or not) of an obligation to negotiate during the precontractual phase. Published paper from conference on ‘La concurrence des systèmes juridiques’, Institut de droit comparé Edouard Lambert, Lyon, 20 October 2006


ISBN: 9782731406245

F Varese, 'Mafia Transplantation' in J. Kornai, B. Rothstein, and S. Rose-Ackerman (eds), Creating Social Trust: Problems of Post-Socialist Transition (Palgrave Macmillan 2004)

J C McCrudden, 'Mainstreaming and Human Rights' in Colin Harvey (ed), Human Rights in the Community: Rights as Agents for Change (Hart 2005) [...]

Discussion of the concept of mainstreaming, and its possible application to human rights in the United Kingdom


ISBN: 1841134465

J C McCrudden, 'Mainstreaming Equality in Northern Ireland 1998-2004: a Review of Issues Concerning the Operation of the Equality Duty in Section 75 of the Northern Ireland Act 1998.' in Eithne McLaughlin and Neil Faris (eds), Section 75 Equality Duty: An Operational Review ( 2004)

J J W Herring, 'Making family law less sexy...and more careful' in R. Leckey (ed), After Legal Equality (Routledge 2014)

J J W Herring, 'Making Family Law More Careful' in Julie Wallbank and Jonathan Herring (eds), Vulnerabilities, Care and Family Law (Routledge 2013)

M Birdling, T Bennion and R Paton, Making Sense of the Foreshore and Seabed (Maori Law Review 2004)

E J F Simpson, 'Making Sense of the Ramsay Principle: a Novel Role for Public Law?' in Jean-Bernard Auby and M. R. Freedland (eds), The Public Law/Private Law Divide: une entente assez cordiale (Hart Publishing 2006)

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)

S J Bright, 'Manchester City Council v Pinnock' in N Gravells (ed), Landmark Cases in Land Law (Hart 2013) [...]

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


ISBN: 9781849462570

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)

A S Burrows and Lord Rodger of Earlsferry (co-editor) (eds), Mapping the Law: Essays in Memory of Peter Birks (OUP 2006) [...]

Essays in memory of Peter Birks


ISBN: 0-19-920655-4

L Lazarus, 'Mapping the Right to Security' in Benjamin J Goold and Liora Lazarus (eds), Security and Human Rights (Hart Publishing 2007)

A Johnston, S.F. Deakin and B.S. Markesinis, Markesinis and Deakin’s Tort Law (5th edn, Oxford University Press 2003) [...]

The fifth edition of Markesinis and Deakin's Tort Law has been fully revised and updated to cover all important developments which have occurred in this field since the previous edition appeared in 1999. The structure of the book remains the same as in previous editions, as has its underlying philosophy - to provide a good general overview of the law of tort for students and their lecturers which will also be of interest to practitioners and judges in the field. The book includes discussion of much new material, including important appellate court decisions on wrongful birth, defamation, privacy, nuisance, the liability of public authorities, causation and many others; the growing impact of the Human Rights Act upon tort law, including discussion of many important cases decided since the Act came into force; important recent legislative developments, including the Contracts (Rights of Third Parties) Act 1999. Throughout the book the relationship between the common law and legislative policy is a key theme, while economic and comparative analysis of the cases and issues are used where appropriate.


ISBN: 9780199257126

A Johnston, S.F. Deakin and B.S. Markesinis, Markesinis and Deakin’s Tort Law (Oxford University Press 2007) [...]

Markesinis and Deakin's Tort Law is an authoritative, analytical, and well-established textbook, reaching its sixth edition in the space of twenty years. It provides a general overview of the law and full discussion of the academic debates on all major topics, highlighting the relationship between the common law, legislation, and judicial policy as well as the new European influences emanating from Luxembourg and Strasbourg. In addition, the authors provide a variety of comparative and economic perspectives on the law of tort and its likely development, always placing the subject in its socio-economic context thus giving students a deeper and richer understanding of tort law. Written by leading authorities on tort law, this detailed book offers teachers a wide range of topics to cover while offering students a text which is both descriptive and reflective of this branch of law. A bibliography and rich footnotes provide interested readers with further references.


ISBN: 9780199282463

Simon Deakin, A Johnston and Basil Markesinis, Markesinis and Deakin’s Tort Law (Oxford University Press 2012)

H Collins, 'Market Integration, Social Justice, and Autonomous Agreements: Regulating Transactions in Europe' in V. Roppo (ed), A European Civil Code?: Perspectives and Problems (Guiffre 2005)

C Greenhalgh and M Rogers, 'Market Value of UK Intellectual Property: Manufacturing, Utility and Financial Services Firms' in D Bosworth and E Webster (eds), The Management of Intellectual Property (Edward Elgar 2006)

H Collins, Marxism and Law (Oxford University Press 1982)

J Cartwright and E H Burn, Maudsley & Burn\'s Land Law Cases & Materials, 9th edition (OUP 2009) [...]

Case book on Land Law


ISBN: 9780199226177

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 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 (Pearson Longman 2007) [...]

Textbook on medical law


ISBN: 978405872904

J J W Herring, Medical Law and Ethics (OUP 2006)

J J W Herring, Medical Law and Ethics (OUP 2010) [...]

A comprehensive textbook on medical law and ethics.


ISBN: 0199576483

J J W Herring, Medical Law and Ethics (5th Ed , Oxford University Press 2014)

J J W Herring, Medical Law and Ethics, 2nd ed (OUP 2008) [...]

Textbook on Medical Law and Ethics


ISBN: 9780199230662

J J W Herring, Medical Law and Ethics, 4th ed (Oxford University Press 2012) [...]

Textbook on medical law and ethics


ISBN: 978-0-19-964640-1

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 J W Herring, Medical Law: Law Express (3rd edn, Pearson 2012)

J J W Herring, Medical Law: Law Express (4th edn, Pearson 2014)

J J W Herring, Medical Law: Law Express, 2nd ed (Pearson 2009) [...]

Medical Law revision textbook


ISBN: 9781408225813

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)

S Talmon, 'Membership and Representation of States' in Helmut Volger (ed), A Concise Encyclopedia of the United Nations (Kluwer 2002)

S Talmon, 'Membership and Representation of States' in Helmut Volger (ed), A Concise Encyclopedia of the United Nations (Martinus Nijhoff 2010)

J J W Herring and P-L Chau, 'Men Women and People' in Brooks-Gordon et al (ed), Sexuality Repositioned (Hart Publishing 2004) [...]

Discussion of legal and medical definition of sex


A Ezrachi, 'Merger Control and Cross Border Transactions – A Pragmatic View on Cooperation, Convergence and What\\\'s in Between' in Philip Marsden (ed), Handbook of Research in Trans-Atlantic Antitrust (Edward Elgar Publishing 2007)

G S Goodwin-Gill, 'Migrant Rights and Managed Migration' in Vincent Chetail, ed. (eds), Mondialisation, migration et droits de l'homme: le droit international en question / Globalization, Migration and Human Rights: International Law under Review (Bruylant 2007)

S R Weatherill, 'Minimum Harmonisation as Oxymoron? The Case of Consumer Law' in H.-W. Micklitz (ed), Verbraucherrecht in Deutschland – Stand und Perspektiven (Tagungsband der 1. Bamberger Verbraucherrechtstage) (Nomos Verlagsgesellschaft 2006)

N Ghanea (ed), Minorities, Peoples and Self-Determination: Essays in Honour of Patrick Thornberry (Martinus Nijhoff 2004) [...]

The present volume, in honour of Professor Patrick Thornberry, presents new thinking on minority and indigenous rights in international law. Contributors to this 17 chapter volume include an impressive range of academics, thinkers, practitioners and international civil servants with a number of different approaches to this complex area. Not all of them take a legal approach, and this exploration benefits from the variety of frameworks utilised in contributing to the controversial area of minority and indigenous rights. Debates that receive attention in this volume include self-determination, … read moredefinitional issues, collective rights and rights to natural resources. Other chapters unravel challenges that have not attracted sufficient attention to date, such as multiculturalism, integration, colour as a ground for discrimination and the economic and social rights of minorities. The volume also looks critically at the work of the World Bank, the African Union, the Council of Europe and the OSCE in this arena. Finally, case studies highlight the regrettable similarities in the suffering of groups in different parts of the world as well as the stark contrast between state claims and their actual practice. The contributors are: Gudmundur Alfredsson, Michael Banton, Joshua Castellino, Erica‑lrene A. Daes, María-Amor Estébanez, Nazila Ghanea, Geoff Gilbert, Bülent Gökay, Tom Hadden, Dominic McGoldrick, Timothy Murithi, John Packer, Chandra K. Roy, Malcolm N. Shaw, Martin Scheinin, Sia Spiliopoulou Åkermark, and Alexandra Xanthaki.


ISBN: ISBN13: 978900414301

AV Lowe and A Tzanakopoulos, 'Minquiers and Ecrehos Case' in R Wolfrum (ed), Max Planck Encyclopedia of Public International Law (Oxford University Press 2012)

A Briggs, 'Misappropriated and Misapplied Assets and the Conflict of Laws' in Degeling and Edelman (eds), Unjust Enrichment in Commercial Law (Lawbook Co 2008) [...]

Analysis of whether Unjust Enrichment is a coherent characterisation category for choice of law, and if not, what approach makes more sense of the principle and of the cases.


ISBN: 9780455225043

J Cartwright, Misrepresentation (Sweet and Maxwell 2002) [...]

Book within the Sweet and Maxwell Contract Law Library (covering claims in contract, tort and under statute for misrepresentation and non-disclosure).


ISBN: 0 421 626 704

J Cartwright, Misrepresentation, Mistake and Non-Disclosure (Sweet & Maxwell 2007) [...]

Second edition, updated and expanded to cover mistake as well as misrepresentation and non-disclosure


ISBN: 0 421 87720 0

J Cartwright, Misrepresentation, Mistake and Non-Disclosure, 3rd edn (Sweet & Maxwell 2012) [...]

Third edition of work originally published in 2002 (second edition 2007).


ISBN: 9780414049550

J Roberts (ed), Mitigation and Aggravation at Sentencing (Cambridge University Press 2011)

L Gullifer, 'Mixtures, Attornment and Reservation of title ' in Palmer (ed), Bailment ( 2009) [...]

Mixtures is part of a new chapter in the work. Attornment and Reservation of title involved very considerable updating, given that the last edition was in 1991


E Hudson, AT Kenyon and A Christie, 'Modelling Copyright Exceptions: Law and Practice in Australian Cultural Institutions' in F Macmillan (ed), New Directions in Copyright Law (Volume 6) (Edward Elgar 2007)

R Ekins (ed), Modern Challenges to the Rule of Law (Wellington: LexisNexis 2011)

F Pirie and M. van Beek (eds), Modern Ladakh: continuity and change in anthropological perspective. (Leiden: Brill 2008)

A J B Sirks, 'Mommsen und der Codex Theodosianus' in I. Fargnoli (ed), ( 2013) (forthcoming) [...]

How reliable is Mommsen's edition of the Theodosian Code? Is there any ground for a new edition, where the books 1 to 5 are restored in the way Krüger endeavoured in his edition? The conclusion is that Mommsen's edition is reliable though in need of some improvement in some places, but that a reconstruction as envisaged by Krüger is too unreliable.


A J B Sirks, 'Mommsen und der Codex Theodosianus' in I. Fargnoli, S. Rebenich (eds), Theodor Mommsen und die Bedeutung des Römischen Rechts (Duncker und Humblot 2013) [...]

An analysis of Mommsen's edition of the Codex Theodosianus. It is submitted by way of a 'Gedankenexperiment' that Krueger's idea of reconstructing the Books 1 to 5 is not scholarly feasible; further, that the manuscript Parisinus 9634 deserves a re-edition.


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.


ISBN: 9781849461542

J Freedman, G.Loomer and J.Vella, 'Moving Beyond Avoidance? Tax Risk and the Relationship between large Business and HMRC' in J.Freedman (ed), Beyond Boundaries: Developing Approaches to Tax Avoidance and Tax Risk Management (Oxford University Centre for Business Taxation 2008)

J Vella, J Freedman and G Loomer, 'Moving Beyond Avoidance? Tax Risk and the Relationship between large Business and HMRC' in J. Freedman (ed), Beyond Boundaries: Developing Approaches to Tax Avoidance and Tax Risk Management (Oxford University Centre for Business Taxation 2008)

K Baker and A Sutherland (eds), Multi-Agency Public Protection Arrangements and Youth Justice (Bristol: Policy Press 2009)

C Hodges, Multi-Party Actions (Oxford 2001) [...]

This is the textbook on the English Group Litigation Order procedure.It was reviewed in Cambridge LJ very favourably, inc as 'a minor miracle'!


H Collins, 'Multi-segmented Workforces, Comparative Fairness, and the Capital Boundary Obstacle' in G. Davidov and B. Langille (eds), Boundaries and Frontiers of Labour Law (Hart Publishing 2006)

J Raz, 'Multiculturalism: A Liberal perspective' in N.J.H. Huls & H.D. Stout (eds), Recht in een multiculturele samenleving (W.E.J. Tjeenk Willink - Zwole 1993)

P P Craig, 'Multilevel Governance and Accountability in the EU' in P Pavlopoulos and S Flogaitis (eds), Multilevel Governance and Administrative Reform in the 21st Century (Nomos 2008)

J J W Herring, 'Mum's not the word. An Analysis of Section 5, Domestic Violence, Crimes and Victims Act' in C. Clarkson and S. Cunningham (eds), Criminal Liability for Non-Agressive Death ( 2008) [...]

A discussion of the offence of 'familial homicide'


ISBN: 9780754673347

P P Craig, 'National Courts and Community Law' in J. Hayward and A. Menon (eds), National Courts and Community Law”, in Governing Europe (Oxford University Press 2003) [...]

Doctrinal and Normative Analysis of the relation between National Courts and Community courts concerning the supremacy of Community Law


ISBN: 0-19-925015-4

J C McCrudden, 'National Remedies for Racial Discrimination in European and International Law' in S. Fredman (ed), Discrimination and Human Rights (OUP 2001)

R Stevens, 'National Report for England' in McBryde, Flessner and Kortmann (eds), Principles of European Insolvency law ( 2003) [...]

This chapter provides an overview of English insolvency and bankruptcy law, within a required format. Alongside a number of eminent continental European academics I was responsible for drafting these Principles of European Insolvency Law.


ISBN: 90 130 059 77

Charlotte Cook, Hamish Anderson and L Gullifer, 'National Report for England' in Treatment of Contracts in Insolvency (Oxford University Press 2014) (forthcoming)

J M Finnis, Natural Law and Natural Rights (2nd edn, Oxford University Press, Clarendon Law Series 2011) [...]

A 65-page Postscript and a 4-page Bibliography of the Author's works cited in the Postscript have been added to the very lightly revised original 1980 edition.


ISBN: 978-0-19-959913-4

J M Finnis, 'Natural Law and the Re-making of Boundaries' in Allen Buchanan and Margaret Moore (eds), States, Nations, and Boundaries (Cambridge University Press 2003) [...]

essay on the justice of making and maintaining boundaries, and of forcibly overthrowing unjust (e.g. some pre-"colonial", "native") rulers.


ISBN: 521819717

J M Finnis, 'Natural Law Theory: Its Past and Its Present' in Andrei Marmor (ed), Routledge Companion to Philosophy of Law (Routledge 2012)

J M Finnis, 'Natural Law: the Classical Tradition' in Jules Coleman and Scott Shapiro (eds), The Oxford Handbook of Jurisprudence and Philosophy of Law (OUP 2002)

J M Finnis, 'Nature and Natural Law in Contemporary Philosophical and Theological Debates: Some Observations' in Juan de Dios Vial Correa and Elio Sgreccia (eds), The Nature and Dignity of the Human Person as the Foundation of the Right to Life: the Challenges of the Contemporary Cultural Context. Proceedings of the Eighth Assembly of the Pontifical Academy for Life (Libreria Editrice Vaticana, Vatican City. 2003) [...]

see title


ISBN: 8820974290

I Loader and N Walker, 'Necessary Virtues: The Legitimate Place of the State in the Production of Security' in J Wood and B Dupont (eds), Democracy, Society and the Governance of Security (Cambridge University Press 2005)

E McKendrick, 'Negligence and Human Rights: Re-Considering Osman' in D Friedmann and D Barak-Erez (eds), Human Rights in Private Law (Hart Publishing 2001) [...]

An analysis of the case of Osman v Ferguson (Osman v UK) which considers, in particular, the impact which the enactment of the Human Rights Act 1998 may have on the tort of negligence.


ISBN: 1-84113-213-6

C Hoyle, Negotiating Domestic Violence: Police, Criminal Justice and Victims (Oxford University Press 1998)

J J W Herring, R Templar, L Thompson and T Fadem, Negotiating to Win: Strategies and Skills for Everyday Situations (Pearson 2012)

H Collins, 'Networks and Comparative Sociological Jurisprudence' in G-P Callies, A. Fischer-Lescano, D. Wielsch and P. Zumbansen (eds), Soziologische Jurisprudenz. Festschrift fur Gunther Teubner Festschriift (de Gruyter 2009)

H Collins (ed), Networks as Connected Contracts (Hart Publishing 2011)

R Burnett, 'Never too early? Reflections on research and interventions for early developmental prevention of serious harm' in M Blyth, E Solomon and K Baker (eds), Young People and ?Risk? (Policy Press 2007)

R Young and C Hoyle, 'New Improved Restorative Justice?: Action-Research and the Thames Valley Initiative in Restorative Cautioning' in A von Hirsch, A Bottoms, J Roberts, K Roach and M Schiff (eds), Restorative Justice and Criminal Justice: Competing or Complementary Paradigms? (Hart Publishing 2003) [...]

Abstract: Empirical research by the authors is used to illuminate the developing practice of police-led restorative justice in the UK.

ISBN: 1-84113-273-X

C Hoyle and Richard Young (eds), New Visions of Crime Victims (Hart Publishing 2002) [...]

Abstract: An innovative edited collection of original theoretical analyses and previously unpublished empirical research on criminal victimisation. I edited this with Richard Young, wrote a chapter and a preface.

ISBN: 1-84113-280-2

WG Ringe, 'Nichts ist vor ihm sicher? Allgemeines Gesellschaftsrecht im Visier des EuGH - Untersuchungen zum Anwendungsbereich der Kapitalverkehrsfreiheit' in H Baum and others (eds), Perspektiven des Wirtschaftsrechts - Deutsches, europäisches und internationales Handels-, Gesellschafts- und Kapitalmarktrecht. Beiträge für Klaus J. Hopt aus Anlass seiner Emeritierung (de Gruyter 2008)

H Collins, Nine Proposals for the Reform of the Law of Unfair Dismissal (Institute of Employment Rights 2004)

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


A Dickinson, 'Non-Contractual Obligations: Common Issues' in Lord Collins of Mapesbury (ed), Dicey, Morris & Collins: The Conflict of Laws (Sweet and Maxwell 2012)

R Stevens, 'Non-Delegable Duties and Vicarious Liability' in J Neyers and S Pitel (eds), Emerging Issues in Tort Law (Hart 2007)

D Dwyer, 'Non-Epistemological Factors Affecting the Role of the Expert' in G Hesen, S Lindenbergh and G van Maanen (eds), Schadevaststelling en de Rol van de Deskundige (Kluwer 2008)

G S Goodwin-Gill, 'Non-Refoulement, Temporary Refuge, and the “New” Asylum Seekers' in David J. Cantor & Jean-François Durieux (eds), Refuge from Inhumanity? War Refugees and International Humanitarian Law (Leiden: Brill Nijhoff 2014)

J Vidmar, 'Norm Conflicts and Hierarchy in International Law: Towards a Vertical International Legal System' in E De Wet, J Vidmar (eds), Hierarchy in International Law: The Place of Human Rights (Oxford University Press 2012)

J C McCrudden, 'Northern Ireland and the British Constitution Since the Belfast Agreement' in J Jowell and D Oliver (eds), The Changing Constitution (OUP, 6th edition 2007) [...]

This chapter explains the current constitutional debate in Northern Ireland and how it differs from that in the rest of the UK in significant respects/


ISBN: 978-0199205110

J C McCrudden, 'Northern Ireland, the Belfast Agreement, and the British Constitution.' in Jeffrey Jowell and Dawn Oliver (eds), The Changing Constitution (5th edition). ( 2004)

J Raz, 'Notes on Value and Objectivity' in B. Leiter (ed), Objectivity in Law and Morals. (Cambridge University Press 2000)

A J B Sirks, Nova ratione. Change of paradigms in Roman law (B. Sirks, Harrassowitz Philippika 0) (forthcoming)

D P Nolan, 'Nuisance' in D Hoffman (ed), The Impact of the UK Human Rights Act on Private Law (CUP 2011)

J Raz, 'Numbers, With and Without Contractualism' in P. Stratton-Lake (ed), On What We Owe to Each Other (Blackwell Publishing 2005)

J M Finnis, O Racji Publicznej [On 'Public Reason'] (Ius et Lex, Warsaw 2005) [...]

Texts in Polish (translated) and English of public lecture, contrasting sound with Rawlsian senses of "public reason".


ISBN: 83p60077-07-X

S Green, 'OBG v Allan' in S Douglas, R Hickey and E Waring (eds), Landmark Cases in Property Law ( 2014) (forthcoming)

C Hodges, 'Objectives, Mechanisms and Policy Choices in Collective Enforcement and Redress' in J Steele and W van Boom (eds), Mass Justice (Edward Elgar 2011)

N E Stavropoulos, 'Objectivity' in M.P. Golding and W. A. Edmundson (eds), The Blackwell Guide to the Philosophy of Law and Legal Theory (Blackwell 2005)

H Collins, 'Objectivity and Committed Contextualism in Interpretation' in S. Worthington (ed), Commercial Law and Commercial Practice (Hart Publishing 2003)

M Chen-Wishart, 'Objectivity and Mistake: the Oxymoron of Smith v Hughes' in J Neyers, R Bronough, SGA Pitel (eds), Exploring Contract Law (Hart 2009) [...]

The author explores the contours of the ?objective test of intentions? and concludes that Smith v Hughes and other ?mistake of terms? cases said to represent exceptional subjectivity trumping the objective approach are straightforward applications of objectivity; there is no need, indeed no room, for resort to subjectivity. Further, stabilizing the language of ?mistake,? ?defective consent,? and ?void? allows  vital distinctions to be drawn between contract formation and vitiation which explains why known non-correspondence of any term prevents contract formation, while mistaken assumptions must be shared and fundamental to void a contract.  It also allows us to map the related areas of rectification, non est factum, mistaken identity and misrepresentation.


ISBN: 9781841139067

N E Stavropoulos, Objectivity in Law (Clarendon Press 1996)

R Stevens, 'Objectivity, Mistake and the Parol Evidence Rule' in A Burrows and E Peel (eds), Contract Terms (OUP 2007)

John Gardner, 'Obligations and Outcomes in the Law of Torts' in P Cane and J Gardner (eds), Relating to Responsibility: Essays for Tony Honoré (Hart Publishing 2001) [...]

(pre-publication version)


ISBN: 1841132101

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.


ISBN: 0415878187

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)

D Leczykiewicz, 'Obywatelstwo UE i prawo do swobodnego przemieszczania sie jako instrumenty ograniczania autonomii regulacyjnej panstw członkowskich' in S Biernat and S Dudzik (eds), Przepływ osób i świadczenie usług w Unii Europejskiej (Kluwer International Warsaw 2009)

John Gardner, Offences and Defences: Selected Essays in the Philosophy of Criminal Law (OUP 2007) [...]

DOI: 10.1093/acprof:oso/9780199239351.001.0001

This is a collection of essays, some of which were first published before 2001 (pp. 1-56, 91-140, 201-238). In addition pages 155-176 were written with Timothy Macklem (50:50). Original versions of essays have been left intact to provide context for a newly-written concluding chapter, ‘Reply to Critics’, pp. 321-378.


ISBN: 978-0-19-923935-1

D P Nolan, 'Offer and Acceptance in the Electronic Age' in Andrew Burrows and Edwin Peel (eds), Contract Formation and Parties (OUP 2010)

Roy Goode, Official Commentary on the Convention on International Interests in Mobile Equipment and Protocol thereto on Matters Specific to Aircraft Equipment, 3rd Edition (International Institute for the Unification of Private Law 2013) [...]

A comprehensive analysis of the 2001 Convention on International Interests in Mobile Equipment (the Cape Town Convention) and associated Aircraft Protocol. Written and published pursunt to a resolution of a Diplomatic Conference in Cape Town in November/December 2001. Revised and expanded in 2008 and in 2013


ISBN: 88-86449-25-9

Roy Goode, Official Commentary on the Convention on International Interests in Mobile Equipment and Protocol thereto on Matters Specific to Aircraft Equipment, Revised Edition (International Institute for the Unification of Private Law 2008) [...]

A comprehensive analysis of the 2001 Convention on International Interests in Mobile Equipment (the Cape Town Convention) and associated Aircraft Protocol. Written and published pursunt to a resolution of a Diplomatic Conference in Cape Town in November/December 2001. Revised and expanded in 2008


ISBN: 88-86449-18-6

Roy Goode, Official Commentary on the Convention on International Interests in Mobile Equipment and Protocol thereto on Matters Specific to Railway Rolling Stock (International Institute for the Unification of Private Law 2008) [...]

A comprehensive analysis of the 2001 Convention on International Interests in Mobile Equipment (the Cape Town Convention) and the 2007 Luxembourg Protocol on railway rolling stock. Written and published pursuant to a resolution of a Diplomatic Conference held in Luxembourg in February 2007


ISBN: 88-86449-17-8

Roy Goode, Official Commentary on the Convention on International Interests in Mobile Equipment and Protocol thereto on Matters Specific to Railway Rolling Stock, 2nd Edition (International Institute for the Unification of Private Law 2014) [...]

A comprehensive analysis of the 2001 Convention on International Interests in Mobile Equipment (the Cape Town Convention) and the 2007 Luxembourg Protocol on railway rolling stock. Written and published pursuant to a resolution of a Diplomatic Conference held in Luxembourg in February 2007. Revised and expanded in 2014


ISBN: 88-86449-29-8

Roy Goode, Official Commentary on the Convention on International Interests in Mobile Equipment and Protocol thereto on Matters Specific to Space Asset (International Institute for the Unification of Private Law 2013) [...]

Abstract:

A comprehensive analysis of the 2001 Convention on International Interests in Mobile Equipment (the Cape Town Convention) and the 2012 Protocol on space assets. Written and published pursuant to a resolution of a Diplomatic Conference held in Berlin in 2012.


ISBN: 88-86449- 21-6

Roy Goode, Official Commentary on the Convention on International Interests in Mobile Equipment and the Aircraft Equipment Protocol (International Institute for the Unification of Private Law (Unidroit) 2002) [...]

Written and published pursuant to a resolution of a diplomatic conference in Cape Town in November/December 2001 requesting the author to produce an official commentary on the texts adopted at the conference.


ISBN: 88-86449-08-9

J J W Herring, 'Older People and Nursing Care' in John Tingle and Alan Cribb (eds), Nursing Law and Ethics (Wiley Blackwell 2013)

J J W Herring, 'Older People and the Law' in C. O'Cinneide and J. Holder (eds), Current Legal Problems 2007 (OUP 2008) [...]

The chapter considers the legal treatment of old age.


ISBN: 9786199237999

J J W Herring, Older People in Law and Society (Oxford University Press 2009) [...]

A book looking at the legal treatment of old age. It also consider the interaction of social policy and law on the lives of older people.


ISBN: 978-0-19-922902-4

L Green, 'On Being Tolerated' in M Kramer, C Grant, B Colborn, A Hatzistavrou (eds), The Legacy of HLA Hart: Legal, Political, and Moral Philosophy (Oxford University Press 2008) [...]

Why is it that toleration can be uncomfortable for the tolerated? And how should tolerators respond to that discomfort? This paper argues that properly directed toleration can be deficient in its scope, grounds or spirit. That explains some of the discomfort in being tolerated. Beyond this, the occasions for toleration¿the existence of a power to prevent and of an adverse judgment¿can also make toleration sting. The paper then explores and rejects two familiar suggestions about how one should respond to this discomfort: with acceptance or recognition of the tolerated. It is proposed instead that toleration should be supplemented by understanding. The nature and importance of this attitude are assessed.


ISBN: 978-0-19-954289-5

J Raz, 'On Frankfurt's Explanation of Respect for People' in S Buss & L. Overton (eds), Contours of Agency: Essays on Themes from Harry Frankfurt (MIT Press 2002)

J M Finnis, 'On Hart\'s Ways: Law as Reason and as Fact' in Matthew Kramer, Claire Grant (eds), The Legacy of HLA Hart: Legal, Political and Moral Philosophy (Oxford University Press 2009)

S R Weatherill, 'On overlapping legal orders: what is the ‘purely sporting rule’?' in B. Bogusz, A. Cygan, and E. Szyszczak (eds), The Regulation of Sport in the European Union (Edward Elgar Publishing 2007)

J Raz, 'On the Authority and Interpretation of Constitutions: Some Preliminaries.' in L. Alexander (ed), Constitutionalism: Philosophical Foundations (Cambrdige University Press 1998)

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)

E J F Simpson, 'On the nature of resulting trusts: the Vandervell litigation revisited' in Birks and Rose (eds), Restitution and Equity Vol 1: Resulting Trusts and Equitable Compensation (LLP Mansfield Press 2000) [...]

The chapter sets the rest of the book into context by analysing the proper interpretation of the Vandervell litigation, and considering whether all can agree that resulting trusts arise by operation of law.


ISBN: 1 85978 5670

R Burnett, 'One-to-one ways of promoting desistance: in search of an evidence base' in R. Burnett and C. Roberts (eds), What Works in Probation and Youth Justice: Developing Evidence-Based Practice (Willan Publishing 2004)

E Fisher, 'Opening Pandora's box: contextualising the precautionary principle in the European Union' in Michelle Everson and Ellen Vos (eds), Uncertain Risks Regulated (Routledge Cavendish 2009)

L Zedner, 'Opportunity makes the Thief-Taker: the influence of economic analysis on crime control' in T Newburn and P Rock (eds), The Politics of Crime Control (Oxford University Press 2006) [...]

An appraisal of the impact of economic analysis/rational choice theory on criminal justice politics and Home Office policy making.


ISBN: 0-19-920840-9

F Pirie and K. von Benda-Beckmann (eds), Order and disorder: anthropological perspectives (Oxford: Berghahn 2007)

F Pirie, 'Order, individualism and responsibility: contrasting dynamics on the Tibetan plateau' in von Benda-Beckmann K and Pirie F (eds), Order and disorder: anthropological perspectives (Oxford: Berghahn 2007)

K O Hawkins, Loraine Gelsthorpe and Nicola Padfield, 'Order, rationality, and silence: some reflections on criminal justice decision-making' in Loraine Gelsthorpe and Nicola Padfield (eds), Exercising Discretion: Decision-making in the criminal justice system and beyond (Cullompton: Willan Publishing 2003)

H Collins, 'Organizational Regulation and the Limits of Contract' in J.McCahery, S.Picciotto, C. Scott (eds), Corporate Control and Accountability (Oxford University Press 1993)

J Armour and B.R. Cheffins, 'Origins of Offensive Shareholder Activism in the United States' in J.G.S. Koppell (ed), Origins of Shareholder Advocacy (Palgrave Macmillan 2011) [...]

“Offensive shareholder activism” involves buying up sizeable stakes in underperforming companies and agitating for changes predicted to increase shareholder returns. Though hedge funds are currently highly publicized practitioners of this corporate governance tactic, there has been no analysis of the extent to which managers of U.S. public companies were faced with challenges of this nature during the first half of the 20th century. This paper correspondingly examines instances during this period where investors engaged in offensive shareholder activism, based on a hand collected dataset of proxy contests occurring between 1900 and 1949. Our findings indicate that offensive shareholder activism, while not commonplace, did occur and was considerably more prevalent in the 1930s and 1940s than in earlier decades. We explain our results by reference to a simple model of offensive shareholder activism and argue that the ebb and flow of takeover activity may have been the primary determinant of the trends we observe.


ISBN: 978-0230107328

W J Swadling, 'Orthodoxy' in Swadling (ed), The Quistclose Trust: Critical Essays (Hart Publishing 2004)

M R Freedland, 'Otto Kahn-Freund (1900-1979)' in J Beatson and R Zimmermann (eds), Jurists Uprooted (Oxford University Press 2004) [...]

The chapter on the Father of Labour/Employment Law in the UK in 'Jurists Uprooted'the symposium volume, edited by J Beatson and R Zimmermann, on German-speaking Emigre Lawyers in Twentieth Century Britain


ISBN: 0-19-927058-9

N Lacey, 'Out of the Witches\' Cauldron?: Reinterpreting the Context and Re-assessing the Significance of the Hart-Fuller Debate' in Peter Cane (ed), The Hart-Fuller Debate Fifty Years On (Hart Publishing 2010)

I Benöhr, 'Out-of-Court Settlement of Consumer Disputes in Financial Services' in C. Hodges and A. Stadler (eds), Resolving Mass Disputes (Edward Elgar 2013)

D Gangjee, 'Overlaps between Trade Marks and Geographical Indications' in N. Wilkoff and S. Basheer (eds), Overlapping Intellectual Property Rights (OUP, Oxford 2012)

R Williams, 'Overpaid Taxes: A Hybrid Public and Private Approach' in Birke Haecker, Charles Mitchell, Steven Elliott (eds), Restitution of Overpaid Tax ( 2013) [...]

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.


ISBN: 9781849461733

Guenter Treitel, 'Overseas Sales (Chapters 18-21)' in A.G.Guest (ed), Benjamin’s Sale of Goods (7th edition) (Sweet & Maxwell 2006)

J Armour, 'Overview of the Treatment of Stakeholders in UK Corporate Insolvency Law' in H. Peter, N. Jeandin and J. Kilborn (eds), The Challenges of Insolvency Law in the 21st Century (Schulthess, Zurich 2006)

A Ezrachi and Ulf Bernitz (Editors), Own Labels, Branded goods and Competition Policy, The changing landscape of retail competition (OUP 2008)

A Johnston, 'Ownership Unbundling: Prolegomenon to a Legal Analysis' in Bulterman, L. Hancher, A. McDonnell and H. Sevenster (eds), Views of European Law from the Mountain – Liber Amicorum Piet Jan Slot (Kluwer Law International 2009)

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) [...]

“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 [2008] 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.


ISBN: 1849463212

A.Cassese, G. Acquaviva, D Akande and others (eds), Oxford Companion to International Criminal Justice (Oxford University Press 2009) [...]

The Oxford Companion to International Criminal Justice is the first major reference work to provide a complete overview of this emerging field. Its nearly 1100 pages are divided into three sections. In the first part, 21 essays by leading thinkers offer a comprehensive survey of issues and debates surrounding international humanitarian law, international criminal law, and their enforcement. The second part is arranged alphabetically, containing 320 entries on doctrines, procedures, institutions and personalities. The final part contains over 400 case summaries on different trials from international and domestic courts dealing with war crimes, crimes against humanity, genocide, torture, and terrorism. With analysis and commentary on every aspect of international criminal justice, this Companion is designed to be the first port of call for scholars and practitioners interested in current developments in international justice.


ISBN: 978-0-19-923832-3

L Green and B Leiter (eds), Oxford Studies in Philosophy of Law (Oxford University Press 2011)

L Green and B Leiter (eds), Oxford Studies in Philosophy of Law (Oxford University Press 2013)

S-I Lekkas and A Tzanakopoulos, 'Pacta sunt servanda versus Flexibility in the Suspension and Termination of Treaties' in CJ Tams, A Tzanakopoulos and A Zimmermann (eds), Research Handbook on the Law of Treaties (Edward Elgar 2014) [...]

DOI: 10.4337/9780857934789.00020

This paper explores the presumptive tension between the pacta sunt servanda rule (the rule that commitments ought to be honoured) and the possibility for unilateral or consensual suspension or termination of treaties. It argues that the pacta sunt servanda rule seems able to accommodate the various methods of suspension or termination: under the general international law of treaties, termination or suspension is not actually unilateral; only the invocation of relevant grounds is. Further, both grounds for suspension or termination, as well as defences under the law of responsibility (which achieve results similar to suspension) are narrow and thus hard to invoke successfully. Finally, the law allows states to devise their own exit clauses in treaties. This leads to very broad exit clauses allowing for unilateral termination or withdrawal. This however being part of the pactum, it does not formally put pressure on the pacta sunt servanda rule.


ISBN: 978 0 85793 477 2

TAO Endicott, Palabras y reglas: Ensayos en filosofía del derecho (Distribuciones Fontamara 2004) [...]

‘Words and Rules: Essays in philosophy of law’; a collection of essays translated into Spanish by Pablo Navarro and Rodrigo Sanchez Brígido


ISBN: 968-476-483-9

G S Goodwin-Gill, Palestine, UN Membership and Popular Representation: International Legal Challenges and Strategic Options (Mutaz Qafisheh, Cambridge Scholars Publishing 2013)

J Payne and others, Palmer's Company Law Annotated Guide to the Companies Act 2006 (Sweet & Maxwell 2007)

J Payne and others, Palmer's Company Law Annotated Guide to the Companies Act 2006 (2nd edn, Sweet & Maxwell 2009)

Geoffrey Morse and others, Palmer's Limited Liability Partnership Law (2nd edn, Sweet & Maxwell 2011)

J J W Herring, S Gilmore and R Probert, 'Parental Responsibility - Law, Issues and Themes' in R Probert, S Gilmore and J Herring (eds), Responsible Parents and Parental Responisbility (Hart 2009) [...]

Discussion of the nature of parental responsiblity


R Taylor, 'Parental Responsibility and Religion' in S Gilmore, J Herring and R Probert (eds), Parental Responsibility and Responsible Parenting (Hart 2009)

J J W Herring, 'Parents and Children' in J. Herring (ed), Family Law: Issues, Debates, Policy (Willan 2001)

A L Young, Parliamentary Sovereignty and the Human Rights Act ( 2009) [...]

The Human Rights Act 1998 is criticised for providing a weak protection of human rights. The principle of parliamentary legislative supremacy prevents entrenchment, meaning that the courts cannot overturn legislation passed after the Act that contradicts Convention rights. This book investigates this assumption, arguing that the principle of parliamentary legislative supremacy is sufficiently flexible to enable a stronger protection of human rights, which can replicate the effect of entrenchment. Nevertheless, it is argued that the current protection should not be strengthened. If correctly interpreted, the Human Rights Act can facilitate democratic dialogue that enables courts to perform their proper correcting function to protect rights from abuse, whilst enabling the legislature to authoritatively determine contestable issues surrounding the extent to which human rights should be protected, alongside other rights, interests and goals in a particular society. This understanding of the Human Rights Act also provides a different justification for the preservation of Dicey's conception of parliamentary sovereignty in the UK Constitution.


ISBN: 978-1-84113-830-5

A L Young, 'Parliamentary Sovereignty Re-defined' in R Rawlings, P Leyland and A L Young (eds), Sovereignty and the Law: Domestic European and International Perspectives (Oxford University Press 2013) [...]

This chapter investigates whether Parliament should be able to bind its successors as to the manner and form in which it enacts legislation. First, it evaluates the argument of Jeffrey Goldsworthy that this should be so, provided that these restrictions do not restrict the substantive law-making powers of Parliament. It argues that Goldsworthy’s theory may be difficult to implement in practice, and that his aim of empowering Parliament to enact long-standing commitments could be achieved more clearly without creating practical difficulties, or requiring a change in the conception of sovereignty. Second, it provides a normative justification against empowering Parliament to bind its successors. Goldsworthy’s theory can be understood as an argument in favour of maximising the sovereignty of Parliament, where sovereignty is understood as unlimited law-making power. The chapter adopts a different focus, looking at the extent to which sovereignty entails the ability to determine the sphere of one’s own competences. It argues that, when understood in this light, it is more descriptively accurate and normatively justifiable to regard sovereignty as shared between Parliament and the courts. To empower Parliament to bind its successors is normatively undesirable as it could upset the delicate balance of powers in the UK constitution, where acceptance by Parliament and the courts is required to enable a change in the rules regarding the definition of Parliament and the manner in which legislation is enacted. This requirement facilitates legitimacy, ensuring that the long-standing commitments that Parliament wishes to preserve reflect the long-standing commitments shared by the people and the courts.


ISBN: 9780199684069

E J F Simpson, 'Part Three: Trusts and Taxation' in Megarry & Burn (eds), Trusts and Trustees: Cases and Materials, 6th edn, (Butterworths Lexis-Nexis 2002) [...]

The chapters describe how trusts are taxed.


ISBN: 0-406-98586-3

S Talmon, 'Participation of UN Member States in the Work of the Organization: A Multicultural Alternative to Present-Day Regionalism?' in Sienho Yee and Jacques-Yvan Morin (eds), Multiculturalism and International Law: Essays in Honour of Edward McWhinney (Martinus Nijhoff 2009) [...]

Every Member State of the United Nations has the right to participate in the work of the organization – a right automatically conferred by membership of the UN. Participation in this context means the Member States’ access to, and right to take part in, the organization’s decision-making process. The composition of UN organs thus becomes a central issue, as access and the material ability to influence the decision-making process are, as a rule, gained through membership of these organs. The question of composition does not pose a problem in the case of plenary organs, such as the General Assembly, where all UN Member States are equally represented. However, for reasons of functionality, efficiency and cost-effectiveness, most work within the UN framework takes place within non-plenary organs, i.e. organs of limited membership. It is with regard to these organs that the question of composition arises, and the more important the non-plenary organ, the more acute the issue becomes. Since the 1960s, the composition of almost all non-plenary UN organs has been governed by a system best described as “regionalism” – a system whereby seats are allocated to regional groups whose members nominate or endorse candidates for the various regional seats. This paper examines the question of regionalism as a means to regulate the composition of the United Nations’ non-plenary political organs. This paper asks whether the UN Charter or general principles offer any guidance on the question of how non-plenary political UN organs should be constituted, before examining the regional group system and offering a critique of present-day regionalism. In conclusion, the paper briefly identifies criteria for a more multicultural alternative to the present system.


A Dickinson, 'Particular Contracts' in Lord Collins of Mapesbury (ed), Dicey, Morris & Collins: The Conflict of Laws (Sweet and Maxwell 2012)

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)

J Pila, 'Patent Agent' in P Cane & J Conaghan (eds), The New Oxford Companion to Law (The New Oxford Companion to Law (OUP) 2008)

J Pila, 'Patent Cooperation Treaty' in P Cane & J Conaghan (eds), The New Oxford Companion to Law (Oxford: OUP, 2008)

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 2014)

G Dinwoodie and R. Dreyfuss, 'Patenting Science: Protecting the Domain of Accessible Knowledge' in Guibault & Hugenholtz (eds), The Future of the Public Domain in Intellectual Property: Identifying the Commons in Information Law (Kluwer Law International 2006) [...]

In this book chapter, we look at the effect of commodification on scientific and technological, as opposed to cultural, activity. After discussing the nature of the commodification debate and the constraints unique to scientific and technological production, we explore ways in which the domain of accessible knowledge could be reconstituted. In our discussion of these strategies, we draw on previous work in which we analyzed (1) various substantive methods for curbing perceived encroachments on the public domain to see how each would fare if challenged under the TRIPS Agreement, and (2) the relationship between the dynamics of domestic legislative procedures and TRIPS dispute resolution outcomes. In this piece, we continue our examination of the domestic efficacy and TRIPS compatibility of substantive alterations to the patent system: strengthening the nonobviousness (inventive step) requirement; narrowing the scope of patent claims; and recognizing new occasions in which the government may use patented inventions without authorization (but with payment).

As in our other pieces, our purpose is not to predict the outcome of future disputes - there are far too few WTO precedents for that. Rather, our goal is to explore how the interpretive approaches pursued at the international level affect the ability of TRIPS members to keep their laws attuned to the developments and needs of science.

We argue that under certain interpretations of TRIPS, a variety of prophylactic substantive steps to protect the domain of accessible scientific knowledge could be taken, that each has a different pay-off as a matter of domestic policy, but that the there is little relationship between the strength of the obstacle posed by TRIPS and the impact of the approach on innovation. Furthermore, we see reason to worry that the analytical tools utilized to date carry a strong potential for altering the political economies of member states in ways that create a one-way ratchet in favor of increased commodification.

We conclude that a map of the public domain of the type charted by Pam Samuelson must do more than consider the effects of various domestic laws and policies because the international system (as currently administered) shapes the legal landscape on which individual nations are operating. To alter that landscape, patent strategists should consider a variety of approaches. But we suggest that it may be particularly fruitful to adapt the rhetoric of scholars seeking to promote the public domain in domestic copyright law. The differences we see in the commodification debate may not, after all, reflect genuine differences between cultural and technological production. Rather, it may be that copyright scholars better appreciate the value in framing the public's interest as a right to access.


J Pila, 'Patents' in P Cane & J Conaghan (eds), The New Oxford Companion to Law (Oxford: OUP, 2008)

K Moller, Paternalismus und Persönlichkeitsrecht (Paternalism and the Right to Privacy) (Duncker & Humblot 2005) [...]

Abstract: The book examines whether and to what extent legal paternalism – protecting a person against his will, for example through prohibitions of smoking or drinking, seat-belt laws, or the prevention of suicide – is permissible under the German Basic Law. It is the first in its field to draw on the rich Anglo-American literature on the topic and to combine it with German constitutional law doctrines. The first chapter sets out the conceptual framework, specifies the purpose of the book, and summarizes the existing case law of the German Federal Constitutional Court. The second chapter reconstructs the Court’s jurisprudence on the right to privacy (Persönlichkeitsrecht) as essentially a right to self-determination, and demonstrates that paternalism interferes with this (prima facie) right. The third chapter examines whether the interference can be justified. It reviews doctrines of constitutional, criminal, and private law, as well as philosophical approaches put forward by J.S. Mill, J. Feinberg, R. and G. Dworkin, J. Rawls, J. Kleinig, and others. It argues that in order to both respect the constitutional framework and be philosophically coherent, one must permit paternalism to a limited degree. Subject to proportionality analysis, it is permissible to protect a person against her will if the coercion aims at making her comply with her own set of values, rather than an external set which she rejects for herself. This conclusion is then applied to a number of practically relevant examples. The final chapter asks whether the Basic Law imposes a positive duty on the state to act paternalistically in at least some cases, and concludes that, with the exception of minors and other persons unable to exercise their autonomy, this is not the case.

ISBN: 3428116798

K S Ziegler, 'Patrimonio culturale e diritti umani' in Centro Internazionale di Studi Gentiliani (ed), Alberico Gentili: La salvaguardia dei beni culturali nel diritto internazionale (Milano, Giuffrè 2008) [...]

Abstract: Also published in English ‘Cultural Heritage and Human Rights’ as Oxford Legal Studies Research Paper No. 26/2007, (SSRN).

J S Getzler, 'Patterns of Fusion' in P B H Birks (ed), The Classification of Obligations (Oxford University Press, Oxford 1997)

F Pirie, Peace and conflict in Ladakh: the construction of a fragile web of order (Leiden: Brill 2007)

A J B Sirks, 'Peira 45.11, a presumed succession pact, and the Peira as legal source' in (Jahrbuch der österreichischen Byzantinistik 2010) [...]

Peira 45.11 has been interpreted as a succession pact, but it appears it is merely the application of a divisio parentis inter liberos (Nov. 18.7). This shows, as other examples, that in the 11th century Justinianic Roman law was still the standard in Byzance for judging, and did not have become, as has also been sustained, a rhetoric device amongst others. This means that the Peira, a collection of 11th century judgments, is a serious legal source.


ISBN: 0378-8660

J Roberts, Dave Indermaur, Mike Hough and Loretta Stalans, Penal Populism and Public Opinion. Lessons from Five Countries. (Oxford University Press. 2003) [...]

Abstract: This mongraph was then first two explore the world-wide phenonmenon of penal populism, drawing upon criminal policy developments in five jurisdictions. It has been positively reviewed in the Australia and New Zealand Journal of Criminology, Alberta law Review and Canadian Journal of Criminology.

ISBN: 0-19-513623-3

A Orakhelashvili, Peremptory Norms in International Law, 657 pages (Oxford Monographs of International Law, OUP 2006)

D J McBarnet, 'Perfectly legal : a sociological approach to auditing' in T. Campbell and K Houghton (eds), Ethics and Auditing (ANU Press 2005)

Simon Whittaker, 'Performance of another's obligation: French and English law contrasted' in D. Johnston and R. Zimmermann (eds), Unjustified Enrichment, Key Issues in Comparative Perspective (Cambridge University Press 2002)

S Gardner, 'Persistent Rights Appraised' in N Hopkins (ed), Modern Studies in Property Law, Vol 7 (Hart Publishing 2013) (forthcoming)

J M Eekelaar, 'Personal Obligations' in Mavis Maclean (ed), Family Law and Family Values (Hart Publishing 2005) [...]

A theoretical discussion of the nature of obligations in the family context, designed as providing a theoretical backgrounbd to an empirical research project


ISBN: 1-841113-547-X

J Raz, 'Personal Practical Conflicts' in P.Baumnaa & M. Betzler (eds), Practical Conflicts: New Philosophical Essays. (Cambridge University Press 2004)

I Goold and others (eds), Persons, Parts and Property: How Should We Regulate Human Tissue in the 21st Century? (Hart Publishing 2014)

A C L Davies, Perspectives on Labour Law (Cambridge University Press 2004)

A C L Davies, Perspectives on Labour Law (2nd edn, Cambridge University Press, Law in Context Series 2009) [...]

An exploration of human rights and economics perspectives on labour law.


ISBN: 978-0-521-72234-6

WG Ringe and others (eds), Perspektiven des Wirtschaftsrechts - Deutsches, europäisches und internationales Handels-, Gesellschafts- und Kapitalmarktrecht. Beiträge für Klaus J. Hopt aus Anlass seiner Emeritierung (de Gruyter 2008) [...]

In honor of his retirement from the Max-Planck-Institute for Comparative and International Private Law in Hamburg, this commemorative publication is dedicated by his students to Klaus J Hopt, one of the worldwide leading experts on commercial law and author of many significant pieces of work, especially in the fields of trade, corporate and banking law.


ISBN: 978-3-89949-502-7

A S Burrows and Lord Rodger of Earlsferry, 'Peter Birks 1941-2004 ' in Proceedings of the Biritish Academy 150, Biographcial Memoirs of Fellows VI (OUP 2008)

E Hudson, 'Phillips v Mulcaire: A Property Paradox?' in Simon Douglas, Robin Hickey and Emma Waring (eds), Landmark Cases in Property Law (Hart Publishing 2014) (forthcoming)

P Eleftheriadis and Julie Dickson (eds), Philosophical Foundations of European Union Law (Oxford University Press 2012)

J Dickson and P Eleftheriadis (eds), Philosophical Foundations of European Union Law (Oxford University Press 2012)

J M Finnis, Philosophy of Law (Oxford University Press 2011) [...]

Volume 4 of The Collected Essays of John Finnis 22 published and unpublished essays plus a 16-page Introduction, on foundations of law's authority; theories and theorists of law; legal reasoning; and the two senses of 'legal system'


P N Mirfield, Phipson on Evidence (15th Edition, 2000) [...]

15th Edition 2000, 1st Supplement (2002)(pp.41-55), 2nd Supplement (2002)(pp.59-77), and 3rd. Supplement (2003)(pp.80-107).


K D Grevling, 'Phipson on Evidence 16th ed' in Hodge Malek QC Gen Ed & others (Auburn, Bagsahw, Day, Grevling, Hochberg,Hollander, Mirfield, Oakley (eds), Phipson on Evidence 16th ed (Sweet & Maxwell 2005) [...]

I am responsible for chapters 34 (Right to Silence, 35 (Confessions), 36 (Statements in Presence of Accused), 37 (Agency etc)The book is updated with supplements - one is being prepared for Sept 07


ISBN: 421874708

N Ghanea, 'Phobias and ‘Isms’: Recognition of Difference or the Slippery Slope of Particularisms?' in Nazila Ghanea, Raphael Walden and Alan Stephens (eds), Does God Believe in Human Rights? (Martinus Nijhoff 2007)

L Gullifer, 'Piecemeal reform: is it the answer?' in Frederique Dahan (ed), Secured Lending in Commercial Transactions (Elgar Publishing 2014) (forthcoming)

M Paparinskis, 'Piracy' in Antonio Cassese and others (eds), Oxford Companion to International Criminal Justice (Oxford University Press 2009)

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)

P A Brand, Plea Rolls of the Exchequer of the Jews Vol VI (Jewish Historical Society of England 2005)

A Ashworth, 'Plea-Bargaining, Pragmatism and Rights' in H. Muller-Dietz, E. Muller, K.-L. Kunz, H. Radtke, G. Britz, C. Momsen, H. Koriath (eds), Festschrift fur Heike Jung (Nomos 2007) [...]

Exploring the compatibility of plea bargaining with the presumption of innocence.


ISBN: 978-3-8329-2537-6

R J Smith, Plural Ownership (OUP 2005)

L Green, 'Pluralism, Social Conflict, and Tolerance' in A Soeteman (ed), Pluralism and Law (Springer 2001)

and R Taylor, 'Poels Apart: Fixed Principles and Shifting Values in Relocation Law' in S Gilmore, J Herring and R Probert (eds), Landmark Cases in Family Law (Hart 2011)

B Loftus, Police Culture in a Changing World (Oxford: Oxford University Press. 2009)

B Bradford, J Jackson and M Hough, 'Police futures and legitimacy: Redefining ‘good policing’' in J Brown (ed), The Future of Policing (Routledge 2013)

B Bradford, J Jackson and M Hough, 'Police legitimacy in action: lessons for theory and practice' in M Reisig and R Kane (eds), Oxford handbook of police and policing (Oxford University Press 2014) (forthcoming)

C Hoyle, 'Policing and Restorative Justice' in G Johnstone and D Van Ness (eds), Handbook of Restorative Justice (Willan Publishing 2007)

I Loader and A Mulcahy, Policing and the Condition of England: Memory, Politics and Culture (OUP 2003)

B Loftus, 'Policing the Irrelevant: Class, Diversity and Contemporary Police Culture' in M O'Neill, M Marks, and A Singh (eds), Police Occupational Culture: New Debates and Directions (Oxford: Elsevier 2007)

I Loader, 'Policing Unlimited?: Security, Civic Governance and the Public Good' in K van der Vijver and J Terpstra (eds), Urban Safety: Problems, Governance and Strategies (IPIT 2004)

I Loader, 'Policing, Securitisation and Democratisation in Europe' in T Newburn and R Sparks (eds), Policing, Securitisation and Democratisation in Europe (Willan 2004)

P P Craig, 'Political Constitutionalism and Judicial Review' in C Forsyth, M Elliott, S Jhaveri, M Ramsden, A Scully-Hill (eds), Effective Judicial Review, A Cornerstone of Good Governance (Oxford University Press 2010)

J. Ryberg and J Roberts (eds), Popular Punishment: The Normative Significance of Public Opinion for Penal Theory (Oxford University Press 2013)

L Green, 'Pornographizing, Subordinating, and Silencing' in R Post (ed), Censorship and Silencing: Practices of Cultural Regulation (Getty Research Institute 1998)

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.


S Fredman, 'Positive Rights and Duties: Addressing Intersectionality' in D. Schiek, V Chege (eds), European Union Non-Discrimination Law: Comparative Perspectives on Multidimensional Equality Law (Routledge-Cavendish 2008)

R Burnett, 'Post-corrections reintegration: prisoner resettlement and desistance from crime' in J R Adler and J M Gray (eds), Forensic Psychology 2nd edition (Willan 2010)

A Ashworth, Postitive Obligations in Criminal Law (Hart Publishing 2013) [...]

A series of essays on issues of principle in criminal law, with two new essays -- one on criminalizing omissions, and the other on human rights and positive obligations to create particular offences.


ISBN: 978-1-84946-505-2

I Goold, 'Postponing Motherhood: Ethico-Legal Perspectives on Access to Artificial Reproductive Technologies' in Leslie P Francis (ed), Oxford Handbook of Reproductive Ethics (Oxford University Press 2015) (forthcoming)

L Green, 'Power' in E Craig (ed), Routledge Encyclopedia of Philosophy (Routledge 1998)

S R Weatherill, 'Pre-emption, Harmonisation and the Distribution of Competence to Regulate the Internal Market' in Barnard and Scott (eds), The Law of the Single European Market, Unpacking the Premises. (Hart Publishing 2002)

A Tzanakopoulos, 'Préambule' in R Kolb (ed), Le Pacte de la Société des Nations : Commentaire article par article (Pedone 2014) (forthcoming) [...]

Abstract: Commentary of the Preamble of the League of Nations Covenant in French.

S Fredman, 'Precarious Norms for Precarious Workers' in J Fudge and R Owens (eds), Precarious Work, Women and the New Economy (Hart Publishing 2006) [...]

The chapter assesses the legal position of precarious workers from a feminist perspective and in the light of the development of flexible working and New Labour and 'Third Way' policies


ISBN: 978-1-84113-616-6

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

J Cartwright and M Hesselink, Precontractual Liability in European Private Law (Cambridge University Press 2008) [...]

A volume within the Common Core of European Private Law: a comparative study of the legal nature of the precontractual phase and the liability which may follow a break-off of precontractual negotiations. The study comprises specialist reports from 16 national legal systems, and other perspectives, with Editors' introduction and conclusions.


ISBN: 9780521516013

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 (Oxford University Press 2013) [...]

This paper engages with George Rutherglen's pessimistic view of the possibility of theorising about discrimination law. Part I will deal with the claim that discrimination law lacks internal coherence, that there is no common thread running through all the norms that together constitute the body of law we call ‘discrimination law.’ I will show that this it is possible to identify four conditions which are individually necessary and cumulatively sufficient for characterising a norm as a norm of discrimination law: the norm should have some connection with a ground that divides all persons between two or more groups, at least one of whose members must be significantly more disadvantaged in relation to members of another group defined by the same ground; and the norm must be designed to distribute the direct substantive benefits or burdens in question to some, but not all, members of a protected group. The second aspect of Rutherglen’s paper, which I will uncover in Part II, is based on an important assumption that the proper role of legal theory is to determine the outcome of adjudication in hard cases. I will show that this assumption — arising from Rutherglen’s commitment to the interpretive jurisprudence of Ronald Dworkin — is the main reason for his pessimistic conclusions regarding theoretical possibilities in discrimination law. I will also show that theorists who do not share this commitment — and perhaps even those who do — need not share Rutherglen’s pessimism. These two — relatively independent — parts together constitute a prelude to a theory of discrimination law. The findings in Part I, if true, impose important constraints on any theoretical enterprise relating to discrimination law. Part II, on the other hand, highlights the numerous possibilities that lie beyond these minimal constraints.


ISBN: 978-0-19-966431-3

S Vogenauer, 'Présentation de l'avant-projet' in J Cartwright, S Vogenauer and S Whittaker (eds), Regards comparatistes sur l'avant-projet de réforme du droit des obligations et de la prescription (Société de législation comparée (Droit privé comparé et européen, vol 9) 2010)

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.


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.


ISBN: 978-0-19-965676-9

Andrew Ashworth and L Zedner, Preventive Justice ( 2014)

L Zedner and Andrew Ashworth, 'Preventive Orders: a problem of undercriminalization' in RA Duff, L Farmer, S Marshall, M Renzo & V Tadros (eds), The Boundaries of the Criminal Law (Oxford University Press 2010)

A Ashworth and Lucia Zedner, 'Preventive Orders: a Problem of Undercriminalization?' in R.A. Duff, L. Farmer, S.E. Marshall, M. Renzo & V. Tadros (eds), The Boundaries of the Criminal Law (Oxford University Press 2010) [...]

An examination of the nature of civil preventive orders, and an argument that they are anomalous and that, given their effects, they should attract all the safeguards of criminal proceedings.


ISBN: 978-0-19-960055-7

J Roberts and A von Hirsch (eds), Previous Convictions at Sentencing: Theoretical and Applied Perspectives (Hart Publishing 2010)

Simon Whittaker, 'Price Variation Clauses' in M. Fabre-Magnan, J. Ghestin, P. Jourdain (eds), Etudes offertes a Genevieve Viney (L.G.D.J. 2008) [...]

This essay explores the validity of price variation clauses in English law


ISBN: 978-2-275-03136-1

D J Galligan, 'Principal Institutions and Mechanisms of Accountability' in R. V. Van Puymbroeck (ed), Comprehensive Legal and Judicial Development (World Bank, Washington 2001)

G. Giacca and A. Bellal, 'Principle 25 on Peace, Development and Environmental Protection' in Jorge E. Viñuales (ed), The Rio Declaration on Environment and Development: A Commentary (Oxford University Press 2014) (forthcoming)

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)

A Ashworth, A von Hirsch and J Roberts (eds), Principled Sentencing (Third Edition) (Hart Publishing 2009)

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.


ISBN: 978-0-19-969679-6

D Vaver and others, Principles of Copyright Law: Cases and Materials (World Intellectual Property Organization, Geneva (2002) 2002) [...]

A casebook on copyright, incorporating sections on Commonwealth and United States caselaw, civil law and Arabic law. I was sole author of the common law materials (158 pp.); my co-authors wrote the civil and Arabic law parts respectively.


ISBN: 92-805-1013-1

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

A Ashworth, Principles of Criminal Law (4th edn, Oxford University Press 2003) [...]

New edition of established text


ISBN: 0-19-925980-1

A Ashworth, Principles of Criminal Law (Oxford University Press 2009)

A Ashworth and J.C.N. Horder, Principles of Criminal Law (7th edn, Oxford University Press 2013) [...]

An updated version of my text on criminal law, co-authored for the first time.


ISBN: 978-0-19-967268-4

A Ashworth, Principles of Criminal Law, 5th edition (Oxford University Press 2006) [...]

New edition of text on criminal law.


ISBN: 0-19-928114-9

Simon Whittaker and others, Principles of French Law (2nd edn, OUP 2008) [...]

This book is a general work introducing the French legal system and French substantive law to a non-French (and in particular common law) readership. S. Whittaker is one of the editors and wrote the section on civil procedure and the chapter on the law of obligations.


ISBN: 978-0-19-954138-6

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)

R Condry, 'Prisoners and their Families' in B. Crewe and J. Bennett (eds), The Prisoner (Routledge 2011)

M Bosworth and S Palmer, 'Prisons' in W. DeKeseredy and M. Dragiewicz (eds), Handbook of Critical Criminology (Routledge 2012)

B Goold, 'Privacy, Identity and Security' in Ben Goold and Liora Lazarus (eds), Security and Human Rights ( 2007)

B Goold, 'Privacy, Identity and Security' in Goold, B.J. and Lazarus, L. (eds), Security and Human Rights (Hart Publishing 2007)

A V Lowe, 'Private Disputes and the Public Interest in International Law' in D. French, M. Saul and N.D. White (eds), International Law and Dispute Settlement (Hart Publishing 2010)

P North, Private International Law: Change or Decay? (50, International and Comparative Law Quarterly 2001) [...]

The 24th FA Mann Lecture, 14 November 2000. It provides an analysis of 20th century developments in private international law, combined with an assessment of the ways in which the subject will develop.


ISBN: 0020-5893

H Collins, 'Private Production of Transnational Law through Standard Form Contracts' in H. Eidenmuller (ed), Regulatory Competition in Contract Law and Dispute Settlement (Hart Publishing 2013)

R Burnett, 'Probation' in R Canton and D Hancock (eds), Dictionary of Probation and Offender Management (Willan 2007)

S Douglas-Scott (ed), Procedure and the European Court (Law Chancery 1991)

I Papanicolopulu, 'Procedures and Mechanisms on Compliance under the 1976/1995 Barcelona Convention on the Protection of the Mediterranean Sea and its Protocols' in T. Treves, A. Tanzi, L. Pineschi, C. Pitea, C. Ragni, F. Romanin Jacur (eds), Non-Compliance Procedures and Mechanisms and the Effectiveness of International Environmental Agreements (T.M.C Asser Press 2009)

M Tulibacka, 'Product Liability: The Perspective of New Member Countries' in Duncan Fairgrieve (ed), Product Liability in Comparative Perspective (Cambridge University Press. 2005)

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)

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)

J S Getzler, 'Professionals As Competing Monopolists' in P B H Birks (ed), Wrongs and Remedies in the Twenty-First Century (Oxford University Press, Oxford 1996)

R de la Feria and S Vogenauer (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

D Kimel, 'Promise, Contract, Personal Autonomy, and the Freedom to Change One's Mind ' in ( 2013)

W E Peel and others (eds), Properties of Law, Essays in Honour of Jim Harris (OUP 2006) [...]

Collection of essays in Property, Philosophy, Precedent and Human Rights


ISBN: 0-19-929096-2

J S Getzler, Timothy Endicott and Edwin Peel (eds), Properties of Law: Essays in Honour of Jim Harris (Oxford University Press 2006) [...]

Essays on legal theory, property theory, precedent, and criminal law.The late Jim Harris' theory of the science of law, and his theoretical work on human rights and property, have been a challenge and stimulus to legal scholars for the past twenty-five years. This collection of essays, originally conceived as a festschrift and now offered to the memory of a greatly admired scholar, assesses Harris' contribution across many fields of law and legal philosophy. The chapters are written by some of the foremost specialists writing today, and reflect the wide range of Harris's work, and the depth of his influence on legal studies. They include contributions on topics as diverse as the nature of law and legal reasoning, rival theories of property rights and their impact on practical questions before the courts; the nature of precedent in legal argument; and the evolving concept of human rights and its place in legal discourse.


ISBN: 0-19-929096-2

W J Swadling, 'Property' in Birks (ed), English Private Law (OUP 2000)

W J Swadling, Property (A S Burrows, 2nd edition, Oxford University Press 2007)

R Burrell and E Hudson, 'Property Concepts in European Law: The Case for Abandonment' in H Howe and J Griffiths (eds), Concepts of Property in Intellectual Property Law (Cambridge University Press 2013)

D Gangjee, 'Property in Brands: The Commodification of Conversation' in H. Howe and J. Griffiths (eds), Property Concepts in Intellectual Property Law (CUP, Cambridge 2013)

W Njoya, Property in Work: The Employment Relationship in the Anglo-American Firm (Ashgate Publishing, Studies in Modern Law and Policy 2007)

R J Smith, Property Law (6th edn, Pearson 2009)

R J Smith, Property Law (7th edn, Pearson 2011)

R J Smith, Property Law (4th ed) (Longman 2003)

R J Smith, Property Law (5th ed) (Longman Law 2005)

C Redgwell, 'Property Law Sources and Analogies in International Law ' in A McHarg, B Barton, (eds), Property and the Law in Energy and Natural Resources (Oxford University Press 2010) [...]

The law of energy and natural resources has always had a strong focus on property as one of its components, but there are relatively few comparative, book-length, treatments of both property law and energy and natural resources law. The aim of this edited collection is to explore the multiple dimensions of the contemporary relationship between property and energy and natural resources law. Its genesis was the growing resurgence of global interest in questions of property in energy and resources and how it manifests itself across legal regimes around the world. With an international and comparative character, the collection seeks to capture differences in the meaning of property, and the different views about the role it should play in a diverse range of contexts: civil law and common law; the law of indigenous communities; public law and private law; and national and international law. Key issues discussed include private rights and common property situations, privatization and regulation, competition for land use and resources, the role of property rights in environmental protection, and the balance between national sovereignty and the security of foreign investment. The collection thus has relevance for a wide readership interested in the legal dimensions of property as an increasingly important aspect of the law for energy and resources across diverse countries, and at the international level. The contributors are established experts in the energy and natural resources law field, and the collection builds upon a body of previous collaborative work in this area.


R J Smith, Property Law: Cases and Materials (4th edn, Pearson 2009)

R J Smith, Property Law: Cases and Materials (5th edn, Pearson 2012)

R J Smith, Property Law: Cases and Materials (2nd ed) (Longman 2003)

R J Smith, Property Law: Cases and materials (3rd ed) (Longman law 2006)

J C McCrudden, 'Property Rights and Labour Rights Revisited: International Investment Agreements and the 'Social Clause' Debate.' in Maureen Irish (ed), The Auto Pact: Investment, Labour and the WTO (Kluwer 2004)

J S Getzler, 'Property, Personality, and Violence' in T Endicott, J Getzler, and E Peel (eds), Properties of Law: Essays in Honour of Jim Harris (Oxford University Press 2006) [...]

What are the conditions that justify the use of violence to defend property? If attacks on property can be compared to assault on the personality of the owner, then does this justify violence as a response to dignitary attack? Recent theoretical work on justification and excuse and property theory can lend insights.


ISBN: 0-19-929096-2

TAO Endicott, 'Proportionality and Incommensurability' in Grant Huscroft, Bradley W. Miller, Gregoire Webber (eds), Proportionality and the Rule of Law (Cambridge University Press 2014) [...]

Proportionality doctrines in human rights adjudication require the judges to ‘balance’ interests that cannot actually be weighed against each other in any sort of scales. If judges are purporting to balance things that cannot actually be balanced, it may seem that the doctrines mean a departure from the rule of law, in favour of arbitrary rule by judges. I will argue that the resolution of incommensurabilities is not in itself a departure from the rule of law; the rule of law demands a system in which judges are often responsible for reconciling incommensurable interests. But some theorists have seen a potential in proportionality for rationality, transparency, objectivity, and legitimacy, which the doctrine cannot actually deliver. And proportionality reasoning involves pathologies, by which I mean structured tendencies toward misconceived decisions. I comment on some of these dangers, to illustrate the claim that they all depend on particular mistakes, and do not arise automatically from the judges’ role in resolving conflicts among incommensurable interests.


ISBN: 9781107064072

A L Young, 'Proportionality is Dead: Long Live Proportionality!' in G Huscroft, B Miller and G Webber (eds), Proportionality and the Rule of Law: Rights, Justification and Reasoning (Cambridge University Press 2014)

A Ashworth and Andrew von Hirsch, Proportionate Sentencing: Exploring the Principles (Oxford University Press 2005) [...]

An exploration and refinement of the application of the proportionality principle in the theory of punishment and sentencing.


ISBN: 0-19-927260-3

Giannini, Farbstein, Bent and M Jackson, Prosecuting Apartheid-Era Crimes? A South African Dialogue on Justice (Harvard University Press Human Rights Practice Series 2009)

J Cartwright, 'Protecting Legitimate Expectations and Estoppel: English Law' in B Fauvarque-Cosson (ed), La Confiance Légitime et l'Estoppel (Société de Législation Comparée 2007) [...]

Discussion of the role of estoppel and the protection of legitimate (or reasonable) expectations in English contract law. Contribution to the 17th Congress of the International Academy of Comparative Law, Utrecht, July 2006. Also published (separately) on-line in the Electronic Journal of Comparative Law at http://www.ejcl.org/103/art103-6.pdf


ISBN: 978 2 908199 53 6

L Gullifer, 'Protection of Investors in Intermediated Securities' in J Armour and J Payne (eds), Rationality in Company Law ( 2009)

WG Ringe, 'Protectionnisme économique en droit des sociétés après la crise' in V Magnier (ed), La gouvernance des sociétés cotées face à la crise - Pour une meilleure protection de l'intérêt social (LGDJ 2010) [...]

Il existe un conflit entre les objectifs de l’UE visant à établir un marché intérieur intégré et à assurer son bon fonctionnement et les ambitions de (certains) E´ tats membres à stimuler les champions nationaux ou à maintenir le contrôle économique national dans les entreprises (anciennement) publiques. Ces derniers temps, en raison de la crise financière mondiale, les dirigeants européens ont fait une vertu de l’intervention étatique ; sortir d’affaire les fonds souverains fait partie des premières réponses à la contraction économique. La crise a revivifié l’ancien outil protectionniste, qui était censé être surmonté dans l’UE. Le renouveau du protectionnisme peut être vu dans un large éventail de mesures législatives et réglementaires : mesures empêchant les rachats étrangers incluant l’octroi d’aides d’E´tat ou de droits spéciaux dans les sociétés privatisées, les « golden shares », qui conduisent à restreindre le marché européen du contrôle des entreprises privées et des investissements directs. Sans doute, des outils du droit société comme les droits de vote multiples ou d’autres mécanismes de renforcement de contrôle peuvent également être réanimés pour poursuivre les objectifs nationalistes. Cette contribution reprend certains des aspects du débat sur « une action – une voix » (OSOV) à l’aune de la crise financière et ses craintes protectionnistes.


ISBN: 978-2275034676

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)

D J Galligan, 'Public Administration and the Tendency to Authoritarianism' in A. Sajo’ (ed), The Constitution of Democracy: The Law of Authoritarian Democracies and Authoritarianism in Democracy (Klewer 2001)

C Hodges, 'Public and Private Enforcement: The Practical Implications for Policy Architecture' in R Brownsword, H Micklitz, L Niglia and S Weatherill (eds), The Foundations of European Private Law (Hart Publishing 2011)

J Roberts, 'Public Attitudes to Community-based Sanctions' in Changing Attitudes to Punishment (Willan Publishing 2002)

WG Ringe, 'Public Capital and Private Capital in the internal market – Securing a level playing field for public and private enterprises (UK Report)' in Gil Carlos Rodriguez Iglesias and Luis Ortiz Blanco (eds), PROCEEDINGS OF THE FIDE XXIV CONGRESS MADRID 2010 - VOLUME III: Public Capital and Private Capital in the Internal Market (Servicio de Publicaciones de la Facultad de Derecho, Complutense University, Madrid 2010) [...]

This report seeks to examine how to avoid distortions of competition which may result from the use of public, rather than private, capital or which may result from differences in Member States’ definitions of public interest goals and in the instruments employed to attain such goals. It aims to discover for what purposes the state may intervene in the market economy and how. In so far as such intervention is by the State investing capital into a commercial enterprise in accordance with national company law, it seeks to ascertain whether the EU Treaty permits, restricts or prevents the same.


I Loader and R Sparks, Public Criminology? (Routledge 2010)

M Freedland, P P Craig, N Countouris and C Jacqueson, Public Employment Services and European Law (Oxford University Press 2007)

M R Freedland, P Craig, C Jacqueson and N Kountouris, Public Employment Services in European Law (OUP 2007)

D Sarooshi, Public International Law Subject Guide, 2nd ed. (University of London 2000)

J Roberts and Mike Hough, 'Public Knowledge and Public Opinion of Sentencing' in Sentencing and Society: International Perspectives (Ashgate Publishing 2002)

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)

J Roberts and L. Stalans, 'Public Opinion and Criminal Justice' in Encyclopedia of Criminology (Fitzroy-Dearborn 2004)

J Roberts, 'Public Opinion and Sentencing Policy' in S. Rex and M. Tonry (eds), Reform and Punishment: the future of sentencing (Willan Publishing 2002)

J Roberts, 'Public Opinion and the Administration of Justice: Research Findings across two decades.' in Public Opinion and the Administration of Justice (Politea 2005)

J Roberts, 'Public Opinion and the Evolution of Juvenile Justice Policy in the Western world.' in Youth Crime and Youth Justice: Comparative and Cross-National Perspectives (University of Chicago Press 2004)

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)

M. Hough and J Roberts, 'Public Opinion, Crime, and Criminal Justice: The British Crime Survey and Beyond' in M. Hough and M. Maxfield (eds), Surveying Crime in the 21st Century. Crime Prevention Studies. Volume 22. (Cullompton: Willan Publishing and New York: Criminal Justice Press. 2007)

J Roberts and Mike Hough, 'Public Opinion, Sentencing and Parole: International Trends' in Psychology in the Courts (University of Toronto Press. 2001)

J Roberts, 'Public Perceptions of Corrections' in Corrections in Canada ( 2001) [...]

Abstract: Review of public attitudes to corrections

J Roberts, 'Public Perceptions of the Criminal Justice System in England and Wales. What does the Public Really think?' in S. Khan (ed), (Fabian Society 2011)

J Roberts, Punishing Persistent Offenders (Oxford University Press 2008)

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)

John Gardner, 'Punishment and Compensation: A Comment' in Russell Christopher (ed), George Fletcher's Essays on Criminal Law (Oxford University Press 2012)

L Zedner, 'Punishment and the Plurality of Privacy Interests' in E Claes and A Duff (eds), Privacy and the Criminal Law ( 2006) [...]

Questions the status of privacy as a right and attempts to articulate the range of interests that arise when reference is made to privacy.


ISBN: 90-5095-545-2

J Dill, 'Puntland’s declaration of autonomy and Somaliland’s secession: two quests for self-governance in a failed state' in Marc Weller and Katherine Nobbs (eds), Asymmetric autonomy as a tool in ethnic conflict settlement (University of Pennsylvania Press 2010)

F Pirie, 'Pupillage: the Shaping of a Professional Elite' in J. Abbink & T. Salverda (eds), The Anthropology of Elites (Basingstoke: Palgrave Macmillan 2013)

L Zedner, 'Putting Crime back on the Criminological Agenda' in M Bosworth & C Hoyle (eds), What is Criminology? (Oxford University Press 2011)

I Papanicolopulu and T. Scovazzi (eds), Quale diritto nei conflitti armati? Relazioni e documenti del ciclo di conferenze tenute nel marzo-maggio 2005 (Giuffrè Editore 2006)

H Collins, 'Quality Assurance in Subcontracting' in S. Deakin and J. Michie (eds), Contracts, Co-operation and Competition (Oxford University Press 1997)

L Gullifer, 'Quasi-security interests: functionalism and the incidents of security' in Iwan Davies (ed), Issues in International Commercial Law (Ashgate 2005)

J J W Herring, Question and Answer: Family Law (Pearson 2011) [...]

Sample questions and answers on family law


ISBN: 9781408241271

D J McBarnet, 'Questioning the legitimacy of compliance' in A Crawford and A Hucklesby (eds), Legitimacy and compliance in criminal justice (Willan 2012)

D Erdos, 'Questions of Tolerance and Fairness' in Harry Hirsch (ed), The Future of Gay Rights In America (New York; London:  Routledge 2005)

J Roberts and T. Gabor, 'Race and Crime: A Critique' in R. Brym (ed), Society in Question. (Toronto: Thomson Nelson. 2007)

J Roberts, 'Race, crime and the collection of criminal justice statistics' in Crimes of Colour. Racialization and the Criminal Justice System (Broadview Press 2001)

M Bosworth and Jeanne Flavin (eds), Race, gender and punishment: From colonialism to the war on terror (Rutgers University Press 2007) [...]

Abstract: I contribute a chapter, plus a co-written introduction and conclusion. This is a collection of original essays on the history, theory and contemporary format of race, gender and punishment in the US.

ISBN: 0-8135-3904-8

J J W Herring, Rape (TONE 2009) [...]

Discussion of the problems with the law on rape.


J Armour and J. Payne (eds), Rationality in Company Law (Hart Publishing 2009) [...]

This collection of essays is a festschrift to honour Professor Dan Prentice who retired in 2008 from the Allen & Overy Professorship of Company Law in the University of Oxford. Dan Prentice has been deeply involved in corporate law from all perspectives: as a scholar, teacher, law reformer and practising member of Erskine Chambers. His interests have covered the full range of corporate law, finance and insolvency. The occasion of his retirement from his Professorship has afforded a number of leading corporate law experts from around the world, many of whom are his former students and colleagues, an opportunity to address some of the most important issues in corporate law today, in his honour. Corporate law has always been a fast-moving area, but the present pace of change seems quicker than ever. The Companies Act 2006, by some way the longest piece of legislation ever passed by the UK Parliament, is reshaping the landscape of domestic company law. At the same time, legislative and judicial developments at the European level in corporate and securities law are of unprecedented importance for corporate lawyers based in the UK. This outstanding series of papers addresses a number of the most important issues currently facing the subject, including the impact of the new Companies Act on directors' duties, shareholder litigation and capital maintenance; aspects of insolvency and banking regulation, the Capital Requirements Directive, and a new Convention on Intermediated securities. It will be essential reading for all those interested in the field.


J Payne and J Armour (eds), Rationality in Company Law: Essays in Honour of DD Prentice (Hart publishing 2009)

J S Getzler (ed), Rationalizing Property, Equity and Trusts - Essays in Honour of Edward Burn (Lexis-Nexis Butterworths 2003) [...]

In this festschrift, appellate judges, academic lawyers and practitioners have joined to celebrate Edward Burn's career as a searching writer and brilliant teacher. Essays volume cover topics including: the rationality of English land law; the reach of land registration; the nature of proprietary estoppel; the essential attributes of trusts and how they can be exported to Civilian systems; the nature of fiduciary liability; the relationship between restitution and equity; the duty of care in will drafting; form and substance in tax, lease and mortgage law; the relationship between English and Romanesque prescription theories; and the study of Roman law in Oxford.


ISBN: 406964408

TAO Endicott, 'Raz on Gaps—The Surprising Part' in Thomas Pogge, Lukas Meyer, and Stanley Paulson (eds), Rights, Culture, and the Law — Essays After Joseph Raz (OUP 2003) [...]

I address some implications of Joseph Raz’s ‘sources thesis’- the claim that the existence and content of any law ‘can be identified by reference to social facts alone, without resort to any evaluative argument’. By the sources thesis, there is a gap in the law whenever the law appeals to moral considerations. But contrary to Raz’s conclusions, I argue that gaps in the law do not necessarily confer discretion on judges. A legal requirement to apply moral considerations does give courts discretion, but only because (and to the extent that) moral considerations are vague.


ISBN: 0-19-924825-7

J Roberts, 'Re-Examining First Offender Discounts at Sentencing.' in J.V. Roberts and A. Von Hirsch (eds), Previous Convictions at Sentencing: Theoretical and Applied Perspectives (Oxford: Hart Publishing. 2010)

J M Finnis, Reason in Action (Oxford University Press 2011) [...]

19 published and unpublished essays with an Introduction of 15 pages on the nature and foundations of practical reason and associated legally relevant topics


ISBN: 978-0-19-958005=7

L Lazarus, Chris McCrudden and Nigel Bowles (eds), Reasoning Rights: Comparative Judicial Engagement (Hart Publishing 2014) (forthcoming) [...]

This collection examines judicial engagement with human rights from a comparative perspective. It is divided into four sections: proportionality, security and human rights, religion and human rights and socio-economic rights.


J Raz, 'Reasoning with Rules' in Michael Freeman (ed), Current Legal Problems 2001 (OUP 2002)

John Gardner and T Macklem, 'Reasons' in J Coleman and S Shapiro (eds), The Oxford Handbook of Jurisprudence and Philosophy of Law (Oxford: Oxford University Press 2002)

Simon Whittaker, 'Reciprocity Beyond Privity' in P. Kincaid (ed), Privity, Private Justice or Public Regulation (Ashgate 2001) [...]

This article examines situations where common law or legislation accepts a degree of reciprocity of benefit and burden beyond privity of contract, but concludes that no pure principle of benefit and burden by which a person who takes the benefit of a transaction should also take the burden should be recognised.


ISBN: 0-7546-2089-1

S Talmon, Recognition in International Law. A Bibliography (Martinus Nijhoff 2000) [...]

The bibliography lists the literature and State practice on the question of recognition in international law for the last two hundred years. It contains books and articles, ie. contributions to journals and other collected works such as Festschriften and Encyclopaedias, as well as (published and unpublished) theses, pamphlets, compilations of diplomatic documents and case notes. As many of the monographs on recognition in international law will not be available in all libraries, book reviews have been included in the bibliography in order to enable the user to decide whether it may be advisable to order a certain work by inter-library loan. Its 4,500 entries are arranged systematically according to subject categories in fourteen main sections. Each main section is further subdivided with ever-increasing specificity into sub-sections on codification, codification attempts, general studies, studies of certain recognition questions and studies of specific recognition cases. The bibliography employs a broad meaning of recognition. It is not restricted to the question of status of an authority or entity in international law but encompasses also the question of relations with it. As many of the recognition cases must be considered, and can only be understood, against their historic, political and sometimes even economic background, the bibliography includes not only purely legal treaties but also publications of a primarily historical, political or economic content which incidentally deal with aspects of recognition in international law. This is reflected by the titles of the 730 journals from more than 50 countries in 20 different languages which have been used to compile the bibliography. The bibliography contains both an author and a comprehensive subject index to enable users to locate works of a particular writer or a specific problem.


ISBN: 90-411-1440-8

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)

S Talmon, Recognition of Governments in International Law: With Particular Reference to Governments in Exile (Oxford University Press 2001) [...]

Paperback edition of the same book published in 1998. Hardback edition was not previously submitted to RAR assessment. Published in the Series Oxford Monographs in International Law. Book sold some 1200 copies.


ISBN: 0-19-924839-7

N Lacey, C Wells and O Quick, Reconstructing Criminal Law, Third Edition (Cambridge University Press 2003)

P S Davies and J O'Sullivan, 'Rectification' in J McGhee QC (ed), Snell's Equity (32nd edition) (Sweet and Maxwell 2010)

J Roberts, 'Reducing the Use of Custody as a Sanction: A Review of Recent International Experiences' in M. Hough, R. Allen and E. Solomon (eds), Tackling Prison Overcrowding. Build More Prisons? Sentence Fewer Offenders? (Bristol: The Policy Press 2008)

G Dinwoodie, 'Refining Notions of Idea and Expression Through Linguistic Analysis ' in Bently, Davis and Ginsburg (eds), Copyright and Piracy: An Interdisciplinary Critique (Cambridge Univ. Press 2010) [...]

This chapter comments on a paper by the linguist Alan Durant, who demonstrates that our understanding of the distinction between idea and expression in the context of literary works is far from perfect and could be enriched by drawing on a number of insights from other fields, and in particular from linguistic theory. In this brief response, I consider whether and how a fuller understanding of those features might be accommodated in the adjudication of legal disputes about copyright infringement.


L Zedner, 'Reflections on Criminal Justice as a Social Institution' in D Downes, D Hobbs & T Newburn (eds), The Eternal Recurrence of Crime and Control: Essays in Honour of Paul Rock (Oxford University Press 2010)

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)

D Sarooshi, 'Reform of the WTO Dispute Settlement Understanding' in I. Mbirimi, B.Chilala, and R. Grynberg (eds), From Doha to Cancun: Delivering a Development Round (Commonwealth Secretariat 2003)

J Roberts, 'Reforming Sentencing and Parole in Canada' in Penal Reform in Overcrowded Times (Oxford University Press 2001)

J Freedman, 'Reforming the Business Tax System: Does Size Matter? Fundamental Issues in Small Business Taxation.' in Chris Evans and Richard Krever (eds), Australian Business Tax Reform in Retrospect and Prospect (The Institute of Chartered Accountants in Australia. Thomson Reuters (Professional) Australia Ltd 2009)

J Cartwright, S Vogenauer and S Whittaker (eds), Reforming the French Law of Obligations (Hart Publishing 2009) [...]

Edited volume of comparative reflections on the Avant-projet de réforme du droit des obligations et de la prescription, based on papers from colloquium held in March 2007. Articles by J. Cartwright at pp. 51-70 (‘Negotiation and Renegotiation: An English Perspective’), pp. 359-380 (‘Reforming the French Law of Prescription: An English Perspective’); and pp. 409-411 (Summary of discussions); jointly with S. Whittaker at pp. 425-444 (‘Translating the Avant-projet de réforme’) and translation of the Avant-projet into English (pp. 479-915, odd numbered pages). Whole volume edited by J. Cartwright, S. Vogenauer and S. Whittaker


ISBN: 9781841138053

Simon Whittaker (ed), Reforming the French Law of Obligations (Richard Hart 2009)

J Cartwright, S Vogenauer and S Whittaker (eds), Reforming the French Law of Obligations: Comparative Observations on the Avant-projet de réforme du droit des obligations et de la prescription (the ‘Avant-projet Catala’) (Hart Publishing 2009) [...]

The 2005 Avant-projet de réforme du droit des obligations et de la prescription, also dubbed the Avant-projet Catala, suggests the most far-reaching reform of the French Civil code since it came into force in 1804. It reviews central aspects of contract law, the law of delict and the law of unjustified enrichment. There is currently a very lively debate in France as to the merits or the demerits of both the particular draft provisions and the general idea of recodification as such. This volume (xx + 930 pp) is the first publication to introduce the reform proposals to an English speaking audience. It contains the official English translation of the text, and distinguished private lawyers from both England and France analyse and assess particularly interesting aspects of the substantive draft provisions in a comparative perspective. Topics covered include negotiation and renegotiation of contracts, la cause, the enforcement of contractual obligations, termination of contract and its consequences, the effects of contracts on third parties, the definition of la faute, the quantification of damages, and the law of prescription. The volume also contains an overall assessment of the draft provisions by one of the most senior French judges who chaired the Working Party on the Avant-projet, established by the French Supreme Court, the Cour de cassation.


ISBN: 978-1-84-113805-3

J Cartwright, S Vogenauer and S Whittaker (eds), Regards comparatistes sur l\'avant-projet de réforme du droit des obligations et de la prescription (Société de législation comparée (Droit privé comparé et européen, vol 9) 2010)

K S Ziegler and Christoph Gusy, 'Regelungsm�glichkeiten f�r eine europ�ische Einwanderungsgesetzgebung' in Albrecht Weber (ed), Einwanderungsland Bundesrepublik Deutschland in der Europ�ischen Union: Gestaltungsauftrag und Regelungsm�glichkeiten (Osnabr�ck 1997) [...]

chapter on Options for a European Immigration Legislation


H Collins, 'Regulating Contract Law' in C. Parker, J. Braithwaite, C. Scott, N. Lacey (eds), Regulating Law (Oxford University Press 2004)

H Collins, Regulating Contracts (Oxford University Press 1999)

N Lacey, John Braithwaite, Christine Parker and Colin Scott (eds), Regulating Law (Oxford University Press 2004)

I Goold, 'Regulating Reproduction in the United Kingdom: Doctors’ Voices, 1978–1985' in Imogen Goold and Catherine Kelly (eds), Lawyers’ Medicine: The Historical Interaction of Medicine and the Legislature, 1760-2000 (Hart Publishing 2009) [...]

This chapter examines the ethical debate from the early 1970s through to the end of the first parliamentary debate on the Unborn Children (Protection) Bill in 1985, and explores the role doctors played in it. When new technologies emerge now, much of the exploration of the issues they raise occurs within the now well-established academic field of bioethics, as well as within medicine and science themselves. But in 1978, bioethics as a discipline was in its infancy and there were few people specifically trained in exploring the ethical dimensions of science and how it should be regulated. There was little expertise to help those needing guidance on how to proceed. Yet, control was considered desperately necessary, either to prevent unethical research such as that which used human embryos, or to stave off developments that might be put to problematic uses like eugenic selection and surrogacy. At the time, scientists and doctors working in IVF and embryo research were characterised as unable to self-regulate, bent on pursuing their research goals regardless of the ethical objections to what they might achieve. However, in reality, many in the medical and scientific community both appreciated the ethical dilemmas their work presented, and welcomed regulation and guidance to help them deal with these problems. As a result, much of the debate about how IVF was to be controlled occurred within the medical profession, whose publicly voiced opinions in the science literature, news media and later as evidence to the Warnock Committee were highly influential. Doctors and researchers also made important contributions to the Parliamentary process that eventually led to the passage of legislation in 1990. This chapter brings this influence to the fore, and examines how doctors and medical researchers in this period bore very little resemblance to the mad scientists whose spectre was invoked by those who feared the worst.


ISBN: 978-1-84113-849-7

R George, 'Regulating Responsibilities in Relocation Disputes' in J Bridgeman, H Keating and C Lind (eds), Regulating Family Responsibilities (Ashgate 2011)

S R Weatherill (ed), Regulating Unfair Banking Practices in Europe: the Case of Personal Suretyships (OUP 2010)

B Lange, 'Regulation' in P. Cane and J. Conaghan (eds), The New Oxford Companion to Law ( 2008)

M Paparinskis, 'Regulatory Expropriation and Sustainable Development' in Markus W Gehring, Marie-Claire Cordonier Segger and Andrew Newcombe (eds), Sustainable Development in World Investment Law (Kluwer Law International 2011)

L Zedner, 'Rehabilitation' in Peter Cane & Joanne Conaghan (eds), The New Oxford Companion to Law (Oxford University Press 2008)

R Burnett, 'Rehabilitation' and 'Early Release Schemes'' in Y Jewkes and J Bennett (eds), and ?Early Release Schemes? (Willan 2007)

S Douglas-Scott, 'Reinforcing the European Identity: the Common Foreign Policy of the EU ' in Bergeron and Fitzpatrick (eds), Europe's Other (Ashgate: Dartmouth 1998)

John Gardner and P Cane (eds), Relating to Responsibility: Essays for Tony Honoré (Hart Publishing 2001)

J J W Herring, 'Relational autonomy and family law' in J. Wallbank, S. Choudhry and J. Herring (eds), Rights, Gender and Family Law (Routledge 2010)

J J W Herring, Relational Autonomy and Family Law (Springer 2014)

J J W Herring, 'Relational autonomy and family law' in Anne Röthel (ed), Verträge in der Unternehmerfamilie (Mohr Siebeck 2014)

J J W Herring, 'Relational autonomy and rape' in Day Sclater; Ebtehaj; Jackson; Richards (ed), Regulating Autonomy ( 2009) [...]

A discussion of relational autonomy as a concept and in particular how it might be used to develop a law on rape


ISBN: 9781841139463

John 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)

S M Cretney, 'Relationships: Law, Content and Form' in J Trowell and C Thorpe (eds), Re-Rooted Lives (Jordans Family Law, Bristol 2007)

S Gardner, 'Reliance-Based Constructive Trusts' in C Mitchell (ed), Constructive and Resulting Trusts (Hart Publishing 2009) [...]

Cited in Crossco No 4 Unlimited v Jolan Ltd [2012] 2 All ER 754n, [82], [94] (Etherton LJ)


ISBN: 9781841139272

N Ghanea (ed), Religion and Human Rights, Vol. I, Vol. II, Vol. III, Vol. IV (Routledge 2010) [...]

Hardly a week goes by without some world event relating to the burgeoning field of religion and human rights. Whether attacks carried out in the name of religion by individuals or states, violations of the rights of individuals or communities due to their religious or other beliefs, or clashes between religious and other competing rights (most notably, freedom of speech), matters relating to religion and human rights are not only an area of expert and academic interest, but also of increasing interest to policy-makers, governments, international organizations, and NGOs. This new four-volume Major Work collection from Routledge examines the background, history, and nature of human rights—both individual and collective—as well as economic, social, and cultural rights; and also civil and political rights. Standards, mechanisms, and jurisprudence at international and national levels are included, and form part of the discussion of the conflict of rights and freedom of religion or belief. Religions featured include Islam, Christianity, Judaism, and African religions, and the persecution or discrimination of religious or belief communities are discussed. Relevant human rights documents are also included. The range of subject areas that contribute to discussions on religion and human rights are many, and include: political science; law; international relations; anthropology; philosophy; religious studies; sociology of religion; and theology. Students, scholars, teachers, and practitioners from these and other disciplines will welcome this collection as a vital one-stop compendium of the very best canonical and cutting-edge research.


ISBN: ISBN 9708-0-415-5436

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)

N Ghanea and Farrah 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.


D Gangjee, Relocating the Law of Geographical Indications (CUP, Cambridge 2012)

R George, Relocation Disputes: Law and Practice in England and New Zealand (Hart Publishing 2014) [...]

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.


ISBN: 9781849464666

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)

R George, F Judd QC, D Garrido and A Worwood, Relocation: A Practical Guide (Jordan Publishing 2013) [...]

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.


G Dinwoodie, 'Remarks --“One Size Fits All”: Consolidation and Difference in Intellectual Property Law ' in A. Kur and V. Mizaras (eds), The Structure of Intellectual Property Law: Can One Size Fit All? (Edward Elgar 2011) [...]

These remarks to the 2008 ATRIP Annual Conference addressed the question of whether “one size fits all” in intellectual property law. Are there sufficient commonalities among the component parts of the field that we could realistically construct a unitary body of intellectual property law? I first set out the different inquiries that might be subsumed by the question of whether “one size fits all” in intellectual property law, focusing on the possibility of a single form of intellectual property, common treatment of different subject matter within regimes, and uniform intellectual property laws across borders. Focusing on this last aspect of the question, I note that the backwards-looking aspect of the classical international system, which tended to favor national autonomy and keep internationally-mandated levels of protection low, has been somewhat disrupted of late. Although it remains the case that one size does not fit all, there is much to be gained by seeking greater commonality. But if the focus of the current international system requires greater commonality – greater attention to a one size fits all approach on certain issues -- it does so both with respect to the rights conferred on IP right holders and with respect to the new rights that might potentially be conferred on users.


A S Burrows, 'Remedial Coherence and Punitive Damages in Equity' in S Degeling (ed), Equity in Commercial Law (Thomson 2006) [...]

Argues that punitive damages should be available for equitable wrongs.


ISBN: 0455222088

D Sarooshi, Remedies and Responsibility for the Actions of International Organizations (D Sarooshi, Martinus Nijhoff, Hague Academy of International Law Imprint 2014)

A S Burrows, Remedies for Torts and Breach of contract (3rd edn, OUP 2004)

Robert Freitag and others, 'Representation' in Stefan Vogenauer, Gerhard Dannemann (eds), European Contract Law and the 'Common Frame of Reference' (Oxford University Press 2012)

N Ghanea, 'Repressing Minorities and getting away with it? A consideration of Economic, Social and Cultural Rights' in Nazila Ghanea and Alexandra Xanthaki (eds), Minorities, Peoples and Self-Determination (Martinus Nijhoff 2005)

S Douglas-Scott and N Hatzis (eds), Research Handbook on EU Human Rights Law (Edward Elgar 2014) (forthcoming)

D Gangjee, Research Handbook on Intellectual Property and Geographical Indications (Edward Elgar, Cheltenham 2014) (forthcoming)

CJ Tams, A Tzanakopoulos and A Zimmermann (eds), Research Handbook on the Law of Treaties (Edward Elgar 2014) [...]

DOI: 10.4337/9780857934789

The Research Handbook on the Law of Treaties is a collection of essays on fundamental issues in international treaty law. The Research Handbook´s main objective is to identify key challenges facing the modern law of treaties and to assess future directions that the law will take. The main themes of the Handbook revolve around the spatial, personal and temporal dimensions of treaties, the tensions that arise due to the need for flexibility in treaty relations, the interaction between treaty regimes and the potential ruptures, as well as the expansion of treaty law to international organisations, corporations and individuals. Each chapter includes an 'agenda for research', highlighting areas where future work may prove fruitful.


ISBN: 9780857934772

B Lange, 'Researching Discourse and Behaviour as Elements of Law in Action' in R. Banakar and M. Travers (eds), Theory and Method in Socio-Legal Research (Hart Publishing 2005)

M Kurkchiyan, 'Researching Russian Legal Culture' in Reza Banakar and Max Travers (eds), Theory and Method in Socio-Legal Research (Hart Publishing 2005)

J Prassl and M Freedland, 'Resolving Ownership Invention Disputes: Limitations of the Contract of Employment' in M Pittard (ed), Business Innovation – A Legal Balancing Act (Elgar 2013)

R H S Tur, Resources and Rights: Court Decisions in the United Kingdom (Medicine and Social Justice: Essays on the Distribution of Health Care 2002) [...]

In Margaret P Battin and Anita Silvers Eds


ISBN: 0-19-514354-X

R H S Tur, 'Resources and Rights: Court Decisions in the United Kingdom' in Rosamond Rhodes, Margaret P Battin, and Anita Silvers (eds), Medicine and Social Justice: Essays on the Distribution of Health Care (OUP 2002)

J Armour, 'Responsabilità delle Banche nel Regno Unito nell Situazioni di Salvataggio' in Bonfatti, S. and Falcone, G. (eds), Le Responsabilità della Banca e dell’Impresa nella Gestione delle Situazioni di Crisi (Milan: Giuffre 2005)

I Goold and Hannah Maslen, 'Responsibility enhancement and the law' in Jens Clausen, Neil Levy (eds), Handbook of Neuroethics (Springer 2014) [...]

Much of the law is concerned with ascribing responsibility. The law of negligence looks for the person who acted without due care, and places on them the responsibility for the outcome. The criminal law responds punitively to those who break its rules, but the accused can avoid being held wholly or partially responsible if she can point to evidence that showed she lacked the capacity to be in charge of her actions. Contract law is based around competent individuals voluntarily taking on obligations to one another, and holds them responsible if they fail in them. Responsibility is demonstrably a key concept in the law of England, and therefore we should be particularly interested in technology that can affect an individual’s capacity to be responsible. In this chapter, we look at one particular area of English law in which new drugs are potentially changing our capacities, and hence (arguably) our responsibilities: cognitive enhancers.


S Talmon, 'Responsibility of International Organizations: Does the European Community Require Special Treatment?' in Maurizio Ragazzi (ed), International Responsibility Today. Essays in Memory of Oscar Schachter (Martinus Nijhoff 2005)

G. Giacca, 'Responsibility to Protect' in V. Chetail (ed), Post-conflict Peacebuilding Lexicon (Oxford University Press 2009)

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 2014) (forthcoming)

J J W Herring, Rebecca Probert and Stephen Gilmore, Responsible Parents and Parental Responsibility (Hart 2009) [...]

A collection of essays discussing parental reponsibility


T Krebs, Restitution at the Crossroads: a comparative study (Cavendish 2001)

W J Swadling, 'Restitutionary Damages: The Property Puzzle' in Degeling, Edelman and Goudkamp (eds), Torts in Commercial Law ( 2011)

J Roberts, A. von Hirsch, A. Bottoms and K. Roach, Restorative and Criminal Justice. Competing or Reconcilable Paradigms? (Hart Publishing Oxford. 2003) [...]

Abstract: This edited volume explores the relationship between criminal and restorative justice. It contains contributions from many of the leading scholars in the field from around the world.

ISBN: 1-84113-273-X

C Hoyle (ed), Restorative Justice (Critical Concepts series) (Routledge 2009)

C Hoyle and Richard Young, 'Restorative Justice and Punishment' in S. McConville (ed), The Use of Punishment (Willan Publishing 2003) [...]

Abstract: This chapter considers the development of restorative justice, its applications, its relationship with state justice, its relationship with vengeance and punishment, and some interconnected philosophical issues.

ISBN: 1-84392-033-6

J Roberts and Kent Roach, 'Restorative Justice in Canada: From Sentencing Circles to Sentencing Principles' in A. Von Hirsch, J.V. Roberts, A. Bottoms, K. Roach, K. and M. Schiff, M. (eds), Restorative and Criminal Justice (Hart Publishing 2003)

C Hoyle, 'Restorative Justice, Victims and the Police' in T Newburn (ed), Handbook of Policing, 2nd edn. (Willan Publishing 2008) [...]

Abstract: This chapter explores the ways in which the police in the UK use the principles of restorative justice in their encounters with victims and offenders, adult and juvenile. It argues that there are practical and philosophical objections to the police involvement in restorative justice, and that these, at lesat in part, explain wy there seems to be less restorative activity in the UK in 2008 that there was at teh start of the twenty-first century

ISBN: 978-1-84392-323-7

C Hoyle and Richard Young, 'Restorative Justice, Victims and the Police' in T Newburn (ed), Handbook of Policing (Willan Publishing. 2003) [...]

Abstract: This chapter explores the various ways in which the police are experimenting with the principles of restorative justice in the United Kingdom and draws on empirical research conducted by the authors.

ISBN: 1-84392-020-4

C Hoyle and Richard Young, 'Restorative Justice: Assessing the Prospects and Pitfalls' in M McConville and G Wilson (eds), The Handbook of the Criminal Justice Process (Oxford University Press 2002) [...]

Abstract: An assessment of the prospects and pitfalls of restorative justice.

ISBN: 0-19-925395-1

J M Finnis, 'Restricting legalised abortion is not intrinsically unjust' in Helen Watt (ed), Cooperation, Complicity and Consent, (Linacre Centre, London 2005) [...]

Employs a jurisprudential analysis of laws (or rules of law) as propositions distinct from the legislative or other statements by which they are enacted or otherwise laid down, in order to show that laws creating new legal restrictions on the permissibility of abortion do not involve their makers or supporters in approval of or complicity in making the law of the state permit the abortions left unprohibited by the new restrictions,


ISBN: 906561108

L Gullifer, 'Retention of title clauses: a question of balance' in Andrew Burrows and Edwin Peel (eds), Contract Terms (OUP 2007)

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 2014)

J J W Herring and Michelle Madden Dempsey, 'Rethinking the Criminal Law’s Response to Sexual Offences: On Theory and Context' in C. McGlynn and V Munro (eds), Rethinking Rape Law (Routledge 2010) [...]

This chapter promotes a moral landscape for looking at the law on sexual offences and suggests principles which should underpin it.


J Roberts and L. Stalans, 'Retribution' in Encyclopedia of Criminology (Fitzroy-Dearborn 2004)

G Loutzenhiser and John Tiley, Revenue Law, 7th ed (Hart Publishing 2012)

S Talmon, 'Revisting the Rule of Law: Law-making and Law-changing by the UN Security Council' in Jan Wouters, Edith Drieskens and Sven Biscop (eds), Belgium in the UN Security Council: Reflections on the 2007-2008 Membership (Intersentia 2009)

A Braun, 'Revocability of Mutual Wills' in Kenneth G C Reid, Marius J de Waal and Reinhard Zimmermann (eds) (eds), Exploring the Law of Succession: Studies National, Historical and Comparative (Edinburgh Studies in Law, vol. 5, Edinburgh University Press 2007)

E Bjorge, 'Right for the Wrong Reasons: Silih v Slovenia and Jurisdiction Ratione Temporis in the European Court of Human Rights' in British Yearbook of International Law ( 2013)

R Stevens, 'Rights and Other Things' in A Robertson and D Nolan (eds), Rights and Private Law (Hart 2011)

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)

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)

L Lazarus, 'Rights Persuasion: A response to Jeremy Waldron' in Kate Tunstall (ed), Self Evident Truths?: Human Rights and the Enlightenment (Bloomsbury 2012) [...]

Response to Jeremy Waldron's Amnesty Lecture on Hate Speech.


J J W Herring, Julie Wallbank and Shazia Choudhry (eds), Rights, Gender and Family Law (Routledge 2010) [...]

A collections of essays looking at the use of rights in family law, primarily from a feminist standpoint.


ISBN: 10 0415482674

R Ekins, 'Rights, Interpretation and the Rule of Law' in R. Ekins (ed), Modern Challenges to the Rule of Law, (Wellington: LexisNexis 2011)

E Fisher, 'Risk and Environmental Law: A Beginner's Guide' in B. Richardson & S. Wood (eds), Environmental Law for Sustainability (Hart Publishing 2006) [...]

An analysis of how 'risk' and 'risk assessment' have developed as concepts in the environmental law of different national, transnational and supranational jurisidictions.


ISBN: 1-84113-544-5

E Fisher, 'Risk and Governance' in David Levi-Faur (ed), Oxford Handbook of Governance (OUP 2012)

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)

K Baker, 'Risk in practice: systems and practitioner judgement' in M. Blyth, E. Solomon and K. Baker (eds), Young People and 'Risk' (Bristol: Policy Press 2007)

E Fisher, Risk Regulation and Administrative Constitutionalism (Hart Publishing 2007)

E Fisher, Risk Regulation and Administrative Constitutionalism (Hart Publishing 2010) [...]

Paperback version (with new foreword) of 2007 publication


ISBN: 9781849460880

E Fisher, 'Risk Regulatory Concepts and the Law' in OECD (ed), Risk and Regulatory Policy: Improving the Governance of Risk (OECD 2010) [...]

A discussion of the different roles risk regulatory concepts are playing in public administration and the legal implications of those roles.


ISBN: 9789264082922

L Gullifer, 'Risk. Frustration and Mistake' in E. McKendrick (ed), Sale of Goods ( 2000)

R Stevens, 'Rolls Razor' in Swadling (ed), The Quistclose Trust: Critical Essays ( 2004) [...]

An amusing chapter on the history of the case. My attempt to be Brian Simpson.


ISBN: 1-84113-412-0

J S Getzler, 'Roman and English Prescription for Incorporeal Property' in J Getzler (ed), Rationalizing Property, Equity and Trusts: Essays in Honour of Edward Burn (Lexis-Nexis Butterworths 2003) [...]

Analysis and criticism of prescription for incorporeal property and nature of land use titles, showing dense historical background to the House of Lords decision in Hunter v Canary Wharf and indicating future directions for simplifying law reform.


ISBN: 406964408

J S Getzler, 'Roman Ideas of Landownership' in S Bright and J Dewar (eds), Land Law: Themes and Perspectives (Oxford University Press, Oxford 1998)

A V Lowe, 'Rules of International Law in English Courts' in M Andenas and D Fairgrieve (eds), Tom Bingham and the Transformation of the Law, A Liber Amicorum (OUP 2009)

J S Getzler, 'Rumford Market and the Genesis of Fiduciary Obligations' in A Burrows and A Rodger (eds), Mapping the Law: Essays in Memory of Peter Birks (OUP 2006) [...]

The seminal case of Keech v Sandford is analysed from three perspectives: the fiduciary theory of Peter Birks which sees fiduciaries as an offspring of trust custodianship; the historical intent of King LC, the author of the judgment, which was to prevent profit from office as a basic principle of public and legal mores; and the longer-term historical functions of fiduciary law. It is argued that trusts can be seen as an offspring of the fiduciary principle, and that the historical strength of the principle should speak against attempts by John Langbein and others in the US and UK to dilute that principle into one of acting in the best interests of beneficiaries.


ISBN: 0-19-920655-4

W E Peel, 'SAAMCO Revisited' in Andrew Burrows and Edwin Peel (eds), Commercial RemediesCurrent Issues and Problems (OUP 2003)

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.


S M Cretney, Same Sex Relationships, From 'Odious Crime' to 'Gay Marriage' (OUP 2006)

M Paparinskis, 'Sapphire Arbitration' in Rüdiger Wolfrum (ed), Max Planck Encyclopaedia of Public International Law (Oxford University Press 2012)

S Fredman, 'Sceptism under Scrutiny: Labour Law and Human Rights' in T Campbell, K D Ewing and A Tomkins (eds), Sceptical Essays in Human Rights (OUP 2001) [...]

An examination of sceptical approaches to human rights, in order to move through sceptism towards a possible reconstruction of human rights in a social democratic context


ISBN: 0-19-923669-6/0-19-924668-8

J Payne, Schemes of Arrangement: Theory, Structure and Operation (Cambridge University Press 2014) (forthcoming) [...]

Schemes of arrangement are an important and flexible mechanism, which can be used to reorganise a company’s capital. Schemes have undergone something of a renaissance over the last decade or so, particularly as a debt restructuring device in the aftermath of the global financial crisis when companies and their advisors have needed to develop effective tools for dealing with financial distress. Schemes have also become the mechanism of choice for recommended takeovers. This book examines the uses of both member and creditor schemes, and their advantages and disadvantages compared to the alternatives that are available, in order to understand their current popularity. This includes an analysis of cross-border schemes, which have become very common in recent years. This book performs a critical, contextual and comparative analysis of schemes and their uses, and puts forward reform proposals that are designed to ensure that schemes continue to develop as an indispensable tool for companies for the future.


S Vogenauer, 'Schlüsselwörter in englischen Savigny-Übersetzungen' in J Rückert (ed), Savigny international? (Vittorio Klostermann 2014) [...]

ca 80 pp. The article analyses key words and passages in the English translations of three main works of the influential German jurist Friedrich Carl von Savigny: The History of Roman Law During the Middle Ages (vol I, 1829), Of the Vocation of Our Age for Legislation and Jurisprudence (1831), and System of the Modern Roman Law (vol I, 1867).


R Condry, 'Secondary Victims and Secondary Victimization' in Shlomo Giora Shoham, Paul Knepper and Martin Kett (eds), International Handbook of Victimology (Taylor and Francis 2010)

Laura Hoyano, '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.


ISBN: 9780199694389

C Hoyle, 'Securing Restorative Justice for the 'Non-Participating' Victim' in Carolyn Hoyle and Richard Young (eds), New Visions of Crime Victims (Hart Publishing 2002)

L Zedner, Security (Routledge Key Ideas in Criminology Series 2009)

L Zedner, 'Security' in A Wakefield & R Wild (eds), The Sage Dictionary of Policing (SAGE 2008)

R Stevens, 'Security after the Enterprise Act' in J Getzler and J Payne (eds), Company Charges: Spectrum and Beyond (OUP 2006)

L Lazarus and BJ Goold (eds), Security and Human Rights (Hart 2007)

B Goold and others, 'Security and Human Rights: The Search for a Language of Reconciliation' in Benjamin Goold and Liora Lazarus (eds), Security and Human Rights ( 2007)

L Lazarus and BJ Goold, 'Security and Human Rights: The Search for a Language of Reconcilliation' in Benjamin J Goold and Liora Lazarus (eds), Security and Human Rights (Hart Publishing 2007)

A V Lowe, 'Security Concerns and National Sovereignty in the Age of World-Wide Terrorism' in Ronald St. John Macdonald and Douglas M. Johnston (eds), Towards World Constitutionalism – Issues in the Legal Ordering of the World Community 2005 (Martinus Nijhoff Publishers 2005)

I Loader, 'Security, Anti-Security, Positive Security' in M Schuilenburg, R van Steden and B Oude Breuil (eds), Positive Criminology: Reflections on Care, Belonging and Security (The Hague: Eleven Publishers 2014)

A Ashworth, 'Security, Terrorism and the Value of Human Rights' in Benjamin J Goold and Liora Lazarus (eds), Security and Human Rights (Hart 2007) [...]

Essay exploring the structure of the European Convention on Human Rights and the role of public protection in human rights law.


ISBN: 978-1-84113-608-0

L Zedner, 'Seeking Security by Eroding Rights: The Side-stepping of Due Process' in L. Lazarus and B. Goold (eds), Security and Human Rights (Hart Publishing 2007)

A Ashworth, 'Sentencing' in M. Maguire, R. Morgan and R. Reiner (eds), The Oxford Handbook of Criminology, 3rd Edn, (Oxford University Press 2002) [...]

Review of law and research on sentencing


ISBN: 0-19-925609-8

A Ashworth, Sentencing and Criminal Justice (Cambridge University Press 2005) [...]

This edition was revised extensively, to analyze and criticize the major changes introduced by the Criminal Justice Act 2003, as well as other legislative changes and case-law.


ISBN: 978-0-521-67405-8

A Ashworth, Sentencing and Criminal Justice (5th edn, Cambridge University Press 2010)

A Manson, P Healy, J Roberts and D Ives (eds), Sentencing and Penal Policy in Canada (Second Edition) (Emond Montgomery 2008)

A Ashworth, 'Sentencing and Sensitivity' in L. Zedner and A. Ashworth (eds), The Criminological Foundations Of Public Policy (Oxford University Press 2003)

A Ashworth and J. V. Roberts (eds), Sentencing Guidelines: Exploring the English Model (Oxford University Press 2013) [...]

An edited book of essays on the English sentencing guidelines, reflecting critically on their merits both intrinsically and as compared with guidelines in other jurisdictions.


ISBN: 978-0-19-968457-1

J Roberts and E Baker, 'Sentencing in Common Law Jurisdictions' in S Shoham, O Beck and M Kett (eds), International Handbook of Penology and Criminal Justice (Routledge 2007)

J Roberts and E. Baker, 'Sentencing in Common Law Jurisdictions' in International Penology (De Sitter 2006)

J Roberts and E. Baker, 'Sentencing Structure and Reform in Common Law Jurisdictions.' in S. Shoham (ed), International Handbook of Penology and Criminal Justice. (Taylor and Francis. 2008)

K Baker, 'Sentencing young people' in M. Blyth, R. Newman and C. Wright (eds), Children and Young People in Custody (Bristol: Policy Press 2008)

J Roberts, 'Sentencing, Law and Psychology' in An Introduction to Psychology and the Law (University of Toronto Press 2001)

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)

J Roberts, 'Serving Time at Home: The Conditional Sentence of Imprisonment' in J.V. Roberts and M. Grossman (eds), Criminal Justice in Canada. A Reader. (Toronto: Thomson Nelson 2007)

J Roberts, 'Serving Time in the Community: The Conditional Sentence of Imprisonment' in Roberts, Julian V. and Grossman, Michelle (eds), Criminal Justice in Canada : a Reader (Nelson Thomson Learning 2003)

P Pichonnaz and L Gullifer, set-off in arbitration and commercial transactions (Oxford University Press 2014) (forthcoming)

L Green, 'Sex-Neutral Marriage' in J Feinberg, J Coleman, and C Kutz (eds), Philosophy of Law (Cengage Learning 2013) (forthcoming)

L Green, 'Sexuality, Authenticity and Modernity' in J Feinberg & J Coleman (eds), Philosophy of Law, 8th Edition (Cengage Publishing 2007)

L Green, 'Sexuality, Authenticity, and Morality' in J Feniberg and J Coleman (eds), Philosophy of Law, 5th Ed. (Wadsworth 1999)

A V Lowe, 'Shadows in the Cave: The Nature of International Law when it Appears before English Courts' in K.H. Kaikobad & M. Bohlander (eds), Essays in Honor of Colin Warbrick: International Law & Power, Perspectives on Legal Order & Justice (Martinus Nijhoff Publishers 2009)

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.


ISBN: 0199685347

P P Craig, 'Shared Administration and Networks: Global and EU Perspectives' in G Anthony, J-B Auby, J Morison and T Zwart (eds), Values in Global Administrative Law, Essays in Honour of Spyridon Flogaitis and Gerard Timsit (Hart Publishing 2011)

P P Craig, 'Shared Administration, Disbursement of Community Funds and the Regulatory State' in Herwig C,H, Hofmann and Alexander H. Turk (eds), Legal Challenges in EU Administrative Law, Towards an Integrated Administration (Edward Elgar 2009)

J J W Herring, 'Sheffield City Council v E Commentary' in R Hunter, C McGlynn and E Rackley (eds), Feminist Judgments (Hart 2010) [...]

Commentary on feminist responses to marriage and mental capcity


AV Lowe and A Tzanakopoulos, 'Ships, Visit and Search' in R Wolfrum (ed), Max Planck Encyclopedia of Public International Law (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.


ISBN: 978-0-19-929168-7

A C L Davies, 'Should the EU have the power to set minimum standards for collective labour rights in the Member States?' in P. Alston (ed), Labour Rights as Human Rights (Oxford University Press 2005) [...]

This chapter in a volume of the Collected Courses of the Academy of European Law is based on a lecture series I gave at the European University Institute in Florence. It considers the EU's current role in the regulation of collective labour rights both internally and externally, and argues that the EU should have the power to set minimum standards for collective labour rights in the Member States.


ISBN: 0-19-928106-8

J Armour, 'Should We Redistribute in Insolvency?' in Joshua Getzler and Jennifer Payne (eds), Company Charges: Spectrum and Beyond (OUP 2006)

P N Mirfield, 'Silence, innocence and human rights' in Peter Mirfield and Roger Smith (eds), Essays for Colin Tapper (OUP 2003)

K D Grevling, 'Silence, Lies and Vicious Circularity' in P Mirfield & R Smith (eds), Essays for Colin Tapper (Lexis-Nexis UK 2003) [...]

This article deals with complex and overlapping law relating to (i) the adverse inferences which may be drawn, and judicial directions to be given, when the accused fails to mention a fact when questioned he later relies upon in his defence (now mainly statutory), and (ii) lies (usually told when questioned, but sometimes given in the witness box - common law).


ISBN: 406964394

M Paparinskis, 'Singapore Oil Stocks Case' in Rüdiger Wolfrum (ed), Max Planck Encyclopaedia of Public International Law (Oxford University Press 2012)

J S Getzler, 'Sir Charles Crompton' in C Matthew and B Harrison (eds), The New Dictionary of National Biography (Oxford University Press, Oxford 2004)

J S Getzler, 'Sir Cresswell Cresswell' in C Matthew and B Harrison (eds), The New Dictionary of National Biography (Oxford University Press, Oxford 2004)

J S Getzler, 'Sir John Jervis' in C Matthew and B Harrison (eds), The New Dictionary of National Biography (Oxford University Press, Oxford 2004)

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)

J Freedman and C.Crawford, 'Small Business Taxation' in J Mirrlees, S Adam, T Besley, R Blundell, S Bond, R Chote, M Gammie, P Johnson, G Myles, J Poterba (eds), Dimensions of Tax Design: The Mirrlees Review ( Oxford University Press for Institute for Fiscal Studies 2010)

J Freedman, 'Small Business Taxation: Policy Issues and the UK' in N. Warren (ed), Taxing Small Business: Developing Good Tax Policies (Australian Tax Research Foundation 2003) [...]

Paper from the ATAX SME Tax Symposium, Sydney 2003.


ISBN: 0 949482 79 X

Professor David Ormerod QC and K Laird, Smith and Hogan’s Criminal Law (14th edn, 0) (forthcoming)

Professor David Ormerod QC and K Laird, Smith and Hogan’s Text, Cases and Materials on Criminal Law (11th edn, 2014)

N Countouris, M Freedland and J Prassl, 'Social and Labour Law after the Financial Crisis: The UK' in S Laulom and E Mazuyer (eds), Le Droit Social des États Européens Après la Crise (Larcier 2012)

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


H Collins, 'Social Dumping, Multi-level Governance and Private Law in Employment Relationships' in D. Leczykiewicz, S.Weatherill (eds), The Impact of EU law on Private Law Relationships (Hart Publishing 2012)

B Lange, 'Social Dynamics of Regulatory Interactions: An Exploration of Three Sociological Perspectives' in M Freedman (ed), Law and Sociology (Oxford University Press 2006)

H Collins, 'Social Rights General Clauses and the Acquis communitaire' in General Clauses and Standards in European Contract Law (Kluwer Law International 2006)

S Fredman, 'Social, Economic and Cultural Rights' in D Feldman (ed), English Public Law (Oxford University Press 2004) [...]

This chapter examines the nature of socio-economic rights and challenges the contrast with civil and political rights. It argues that the focus should be on differences in the nature of the duty, and particularly the differences between duties to refrain from infringing on a right, duties to protect against infringement by others, and duties to take active measures to facilitate or promote the exercise of teh right. It examines sources of socio-economic rights, and assesses the contribution of domestic courts to the development of such rights.


ISBN: 0-19-876551-7

S Fredman and M. Wesson, 'Social, Economic and Cultural Rights' in David Feldman (ed), English Public Law ( 2009)

M Kurkchiyan, 'Society beyond Statistics' in Marina Kurkchiyan with Edmund Herzig (ed), The Armenians: Past and Present in the Making of National Identity (London: Routledge-Curzon 2005)

J Vella and D Prentice, 'Some aspects of capital maintenance law in the UK' in M Tison et al (ed), Perspectives in Company Law and Financial Regulation (CUP 2009)

J M Finnis, 'Some Fundamental Evils in Generating Human Embryos by Cloning' in Cosimo Marco Mazzoni, (eds), Ethics and Law in Biological Research (Martinus Nijhoff Publishers and Kluwer Law International 2002) [...]

see title


ISBN: 9041117423

Guenter Treitel, Some Landmarks of Twentieth Century Contract Law - translation into Chinese (Peking University Press 2010)

I Papanicolopulu, 'Some Thoughts on the Extension of Existing Boundaries for the Delimitation of New Maritime Zones' in R. Lagoni, D. Vignes (eds), Maritime Delimitation (Martinus Nijhoff, Publications on Ocean Development 2006)

John Gardner, 'Some Types of Law' in D Edlin (ed), Common Law Theory (Cambridge University Press 2007)

D Akande, 'Sources of International Criminal Law' in Cassese , Akande, et al (eds), Oxford Companion to International Criminal Justice (OUP 2009)

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)

S Vogenauer, 'Sources of Law and Legal Method in Comparative Law' in M Reimann, R Zimmermann (eds), The Oxford Handbook of Comparative Law (Oxford University Press 2006) [...]

Chapter of Handbook.


ISBN: 199296065

A V Lowe, 'Sovereignty and International Economic Law' in W Shan, P Simons, D Singh (eds), Redefining Sovereignty in International Economic Law (Hart Publishing 2008)

P P Craig, 'Sovereignty and the EU: The UK Perspective and Primacy Clauses' in L Tichy and T Dumbrovsky (eds), Sovereignty and Integration, Paradoxes and Development within Europe Today (Centre for Comparative Law, Law Faculty of Charles University in Prague 2010)

A L Young (ed), Sovereignty and the Law: Domestic, European and International Perspectives (Oxford University Press 2013)

D Gangjee, 'Spanish Champagne: An Unfair Competition Approach to GI Protection' in R.C. Dreyfuss & J. C. Ginsburg (eds), Intellectual Property at the Edge: The Contested Contours of IP (CUP, Cambridge 2014) (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), Prohibition 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.


ISBN: 1841139386

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)

I Loader and S Percy (eds), Special Issue of Global Crime on 'Reordering Security' ( 2012)

I Loader and W de Haan (eds), Special issue of Theoretical Criminology on 'Crime, Punishment and the Emotions' ( 2002)

I Loader and M Bosworth (eds), Special issue of Theoretical Criminology on 'Re-inventing Penal Parsimony' ( 2010)

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.


P P Craig, 'Specific Powers of Public Contractors' in R Noguellou and U Stelkens (eds), Comparative Law on Public Contracts (Bruylant 2010)

A Ashworth and others, 'Specifying Aims and Limits for Restorative Justice: a 'Making Amends' Model' in A von Hirsch, J. Roberts and A.E. Bottoms. (eds), Restorative Justice and Criminal Justice (Hart Publishing 2003)

K. D. Ewing and J Rowbottom, 'Spending Controls: New Campaign Actors and New Regulatory Techniques' in Keith Ewing, Jacob Rowbottom, Joo-Cheong Tham (eds), The Funding of Political Parties: Where Now? (Routledge 2011)

S R Weatherill, 'Sport as Culture in European Community Law' in R. Craufurd Smith (ed), Culture in European Union Law (OUP 2004)

J Dill and Nicolas Lamp, 'Staatszerfall als neue außenpolitische Herausforderung' in Arne Niemann (ed), Herausforderungen an die deutsche und europäische Außenpolitik – Analysen und Politikempfehlungen (TUDpress Verlag der Wissenschaften Dresden 2005)

T Krebs, 'Stable Claims and Stable Defences - Change of Position and Disenrichment in England and Germany' in E.J.H. Schrage (ed), Unjust Enrichment and the Law of Contract (Kluwer Law 2001) [...]

A comparative essay resisting suggestions that the defence of change of position in England should be restrictively applied.


ISBN: 90-411-1655-9

H Collins (ed), Standard Contract Terms in Europe: A basis for and a Challenge to European Contract Law (Kluwer Law International 2008)

H Mares, 'Star Chamber' in S. N. Katz (ed), The Oxford International Encyclopedia of Legal History (Oxford University Press 2009)

A Johnston, 'State aid to tackle leakage: EC law considerations' in K. Neuhoff and F. Matthes (eds), The Role of Auctions for Emissions Trading (Climate Strategies 2008)

A Dickinson, Lindsay, Rae and Loonam, James P (eds), State Immunity: Selected Materials and Commentary (Oxford University Press 2004)

N Lacey, State Punishment (Routledge 1988)

N Lacey, State Punishment: Political Principles and Community Values (Routledge 1988)

G S Goodwin-Gill, 'State Responsibility and the 'Good Faith' Obligation in International Law' in Malgosia Fitzmaurice & Dan Sarooshi, eds. (eds), Issues of State Responsibility before International Judicial Institutions (Hart Publishing 2004)

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 J Smits (ed), Encyclopedia of Comparative Law (Edward Elgar Publishing 2006) [...]

Contribution to encyclopedia.


ISBN: 1845420136

S Vogenauer, 'Statutory Interpretation' in JM Smits (ed), Elgar Encyclopedia of Comparative Law, Second Edition (Edward Elgar 2012)

R Condry, 'Stigmatised Women: Relatives of Serious Offenders and the Broader Impact of Crime' in Frances Heidensohn (ed), Gender and Justice: New Concepts and Approaches (Willan Publishing 2006)

R Bird, 'Strategic Planning in Law Libraries' in Helen Hayes and Angela Bridgland (eds), Charting the Future ( 1996)

A J B Sirks, 'Strategies in Law and Justice in the 18th Century Dutch Republic' in S. Muller, S. Zouridis (eds), Law and Justice: A Strategic Perspective (Torkel Opsahl Academic EPublisher 2012)

S J Bright, 'Street v Mountford Revisited' in S Bright (ed), Landlord and Tenant Law. Past, Present and Future 2006 (Hart Publishing 2006)

A. Ashworth and J Roberts (eds), Structured Sentencing in England and Wales: From Guidance to Guidelines (Oxford University Press 2013)

D Wyatt, 'Subsidiarity - Is it too Vague to be Effective as a Legal Principle?' in Kalypso Nicolaidis and Stephen Weatherill. (eds), OUP/European Studies at Oxford/Whose Europe? National Models and the Constitution of the European Union ( 2003) [...]

The paper argues that subsidiarity has failed to achieve its aims since the Community institutions, including the Court of Justice, have regarded it as a principle running against the grain of European integration. Little or no effort has been made to use the criteria in the Amsterdam Protocol as a constitutional filter to weed out proposals for legislation which encroach on the principle that decisions should be taken as closely as possible to the citizen. The writer considers the proposals in the European Constitution that national parliaments monitor application of the subsidiarity principle. The conclusion is that the likely outcome is business as usual, but that this outcome is not inevitable, and that there is at least a real possibility that the involvement of national parliaments would give a practical effect to subsidiarity which it has lacked so far.


P P Craig, 'Substance and Procedure in Judicial Review' in M Andenas and D Fairgrieve (eds), Tom Bingham and the Transformation of the Law, A Liber Amicorum ( 2009)

S R Weatherill, 'Supply of and demand for internal market regulation: strategies, preferences and interpretation' in N. Nic Shuibhne (ed), Regulating the Internal Market (Edward Elgar 2006)

A Dickinson, 'Surveying the Proposed Brussels I bis Regulation: Solid Foundations but Renovation Needed' in A Bonomi & GP Romano (eds), Yearbook of Private International Law Volume XII (2010) (Sellier European Law Publishers 2011)

N. W. Barber and K. Dobrzeniecki (translator), 'Suwerennosc Panstw a Relacje : Prawo Europejskie - Narodowe Konstytucje ' in D. Bunikowskiego and K. Dobrzenieckiego (eds), Pluralizm Pranwny: Tradycja, Transformacje, Wyzwania (Torun Press 2009)

E J F Simpson and B McFarlane, 'Tackling Avoidance' in J Getzler (ed), Rationalizing Property, Equity and Trusts - Essays in Honour of Edward Burn (OUP 2003)

J Payne (ed), Takeovers in English and German Law (Hart publishing 2002)

Simon Whittaker, 'Taking Time and Giving Time for Performance: a Comparison of Aspects of the English and the French law' in A. Santiago Espiau and Antoni Vaquer (eds), Bases de un Derecho Contractual Europeo/Bases of a European Contract Law (Tirant lo Blanch, Valencia 2003) [...]

compares the English and French approaches to a court's power to give a party to a contract further time to perform, with particular reference to payments of sums money


ISBN: 84-8442-860-5

M R Macnair, 'Talbot, Charles, first Baron Talbot of Hensol (bap. 1685, d. 1737)' in Oxford Dictionary of National Biography (Oxford University Press 2004) [...]

Oxford DNB biographical outline of LOrd Talbot, Lord Chancellor 1734-37 (new article)


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)

J Freedman, 'Tax Risk Management and Corporate Taxpayers - International Tax Administration Developments' in Bakker A and Kloosterhof S. (eds), Tax Risk Management - From Risk to Opportunity (IBFD 2010)

G Loutzenhiser, 'Taxation of Executive Compensation' in Jennifer Hill and Randall Thomas (eds), The Research Handbook on Executive Pay (Edward Elgar Publishing 2012)

J Freedman, 'Taxation Research as Legal Research' in Lamb, M, Lymer, A, Freedman, J and James, S (eds), Taxation: An Interdisciplinary Approach to Research (OUP 2005) [...]

Chapter in book co-edited by author wth other members of the Tax Research Network.


J Freedman and others (eds), Taxation: An Interdisciplinary Approach to Research (ed. Lamb, Lymer, Freedman and James) (OUP 2005) [...]

Innovative approach to tax research- contributions from academics from many disciplines including JF


ISBN: 0-19-924293-3

E McKendrick, 'Taxonomy: Does it Matter' in D Johnston and R Zimmermann (eds), Unjustified Enrichment: Key Issues in Comparative Perspective (CUP 2002) [...]

The aim of this essay is to consider whether or not the taxonomy of the law of unjust enrichment (or restitution) is an issue of importance for English law. It concludes that taxonomy is a vital part of the quest to eliminate anomalies and inconsistencies in the law but that jurists still have a long way to go in terms of producing a taxonomy that enjoys a substantial measure of agreement.


ISBN: 0-521-80820-0

J Morgan, 'Technological change and the development of liability for fault in England and Wales' in Miquel Martin-Casals (ed), The Development of Liability in Relational to Technological Change (CUP 2010)

Y-K Chin, Television Regulation and Media Policy in China. (London: Routledge 2010)

G Dinwoodie, 'Ten Years of Trademark Law: Lessons for the Future?' in Hansen (ed), 8 International Intellectual Property Law and Policy (Juris Publishing 2006)

S Bright, H Glover and J Prassl, 'Tenancy Agreements' in E Simpson and M Stewart (eds), Sham Transactions (OUP 2013)

S J Bright, Jeremias Prassl and Hannah Glover, 'Tenancy Agreements' in E Simpson and M Stewart (eds), Sham Transactions (Oxford 2013)

Simon Whittaker, 'Termination Clauses' in A. Burrows and E. Peel (eds), Contract Terms (in A. Burrows and E. Peel, Contract Terms (OUP, 2007) 2007) [...]

This work analyses the different types of contract terms which allow an injured party to terminate on the ground of breach of contract and explains and criticises the controls which statute and the courts have put in place to control them.


ISBN: 978-0-19-922937-6

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)

L Zedner, 'Terrorism and Counterterrorism: What is at Risk?' in L Skinns, M Scott & T Cox (eds), Risk (Cambridge University Press 2011)

t faculty account, 'test' in book ( 0)

t faculty account, test 3 ( 0)

t faculty account, test subjects ( 0)

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)

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)

A Ashworth, 'Testing Fidelity to Legal Values: Official Involvement and Criminal Justice' in S. Shute and A.P. Simester (eds), Criminal Law Theory: The General Part (Oxford University Press 2002) [...]

Analysis of cases and writings


ISBN: 0-19-924349-2

H Collins, 'The 'Common Frame of Reference' for EC Contract Law: A Common Lawyer's Perspective' in M. Meli and M R Maugeri (eds), L?Armonizzazione del Diritto Privato Europeo: Il Piano D?Azione (Guiffre 2003)

A C L Davies, 'The 'Constitutionalisation' of Labour Law: Possibilities and Problems' in KS Ziegler and PM Huber (eds), Current Problems in the Protection of Human Rights: Perspectives from Germany and the UK (Hart 2013)

H Collins, 'The (In)compatibility of Human Rights and Private Law ' in Hans-W. Micklitz (ed), Constitutionalization of European Private Law (Oxford University Press 2014)

N Ghanea, 'The 1981 UN Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief' in Nazila Ghanea (ed), The Challenge of Religious Discrimination at the Dawn of the New Millennium (Martinus Nijhoff 2003)

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.


ISBN: 978-94-91021-02-2

A Orakhelashvili, 'The Acts of the Security Council: meaning and standards of review, Max Planck Yearbook of UN Law, volume 11 2007, 143-195' in R Wolfrum/A von Bogdandy (ed), Max Planck Yearbook of UN Law, volume 11 2007, 143-195 ( 2007)

P P Craig, 'The Administrative System and Administrative Law Principle in the UK' in HH Trute, T Grob, HC Rohl, C Mollers (eds), Allgemeines Verwaltungsrecht – zur Tragfahigkeit eines Konzepts ( 2008)

S Fredman, 'The Age of Equality' in S Fredman and S Spencer (eds), Age as an Equality Issue (Hart 2003) [...]

A critical examination of the meaning of age discrimination and an exploration of possible legislative frameworks to implement age discrimination legislation.


ISBN: 1-84113-405-8

J Dill, 'The American way of bombing and international law: Two logics of warfare in tension' in Matthew Evangelista and Henry Shue (eds), The American Way of Bombing: How Ethical and Legal Norms Change ( (Ithaca: Cornell University Press, in press 0)

J Armour, R Kraakman, P Davies, L Enriques, H Hansmann, G Hertig and K Hopt, H Kanda, E Rock, The Anatomy of Corporate Law (Oxford University Press 2009)

P Davies, R Kraakman, J Armour and L Enriques, The Anatomy of Corporate Law, Second Edition (OUP 2009) [...]

This book explains in detail how and why the principal European jurisdictions, Japan, and the United States sometimes select identical legal strategies to address a given corporate law problem, and sometimes make divergent choices. After an introductory discussion of agency issues and legal strategies, the book addresses the basic governance structure of the corporation, including the powers of the board of directors and the shareholders meeting. It proceeds to creditor protection measures, related-party transactions, and fundamental corporate actions such as mergers and charter amendments. Finally, it concludes with an examination of friendly acquisitions, hostile takeovers, and the regulation of the capital markets


ISBN: 978-0-19-956584-9

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)

R M Bagshaw, 'The Animals Act 1971' in TT Arvind and Jenny Steele (eds), Tort Law and the Legislature (Hart Publishing 2013) [...]

Account of the process that led to the passing of the Animals Act 1971 and its subsequent interpretation.


ISBN: 9781849461405

F Pirie, The Anthropology of Law. ( Oxford University Press 2013)

D Akande, 'The Application of International Law Immunities in Prosecutions for International Crimes' in Harrington, Milde & Vernon (eds), Bringing Power to Justice? The Prospects of the International Criminal Court (McGill-Queens University Press 2006)

M Kurkchiyan and Edmund Herzig (eds), The Armenians: Past and Present in the Making of National Identity (London: Routledge-Curzon 2005)

A. Clapham, S. Casey-Maslen, G. Giacca and S. Parker, The Arms Trade Treaty: A Commentary (Oxford University Press 2014) (forthcoming)

C Costello, 'The Asylum Procedures Directive in Legal Context: Equivocal Standards Meet General Principles' in Baldaccini, Guild, Toner (eds), Whose Freedom, Security and Justice? EU immigration and asylum law after 1999 (Hart 2007) [...]

Comprehensive analysis of the interaction of the Asylum Procedures Directive with the general principles of EC law, and other procedural guarantees embedded in human rights law more generally.


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)

A S Burrows, 'The Australian Law of Restitution: Has the High Court Lost its Way? ' in Bant and Harding (eds), (Cambridge University Press 2010)

J Raz, The Authority of Law (Oxford University Press 1979)

J Raz, The Authority of Law (ABC Publishing, Warsaw 2000)

J Raz, The Authority of Law (Law Press of Beijing 2005)

J Raz, The Authority of Law (UNAM (Spain) 2006)

L Green, The Authority of the State (Clarendon Press 1990)

L Green, The Authority of the State (Chinese Edition) (China University of Political Science and Law Press 2013) [...]

Abstract: This is a Chinese translation, by Singgui Mao, of the corrected 1990 edition of The Authority of the State (Oxford University Press).

ISBN: 7562046468

S Vogenauer, 'The Avant-projet de réforme: an Overview' in J Cartwright, S Vogenauer and S Whittaker (eds), Reforming the French Law of Obligations: Comparative Observations on the Avant-projet de réforme du droit des obligations et de la prescription (the ‘Avant-projet Catala’) (Hart Publishing 2009) [...]

pp. 3-28


Roy Goode, 'The Avoidance of Transactions in Insolvency Proceedings and Restitutionary Defences' in Andrew Burrows and Lord Rodger of Earlsferry (eds), Mapping the Law: Essays in Memory of Peter Birks (OUP 2006)

C Donnelly, 'The Binding Force of Administrative Law: An EU and US Comparison' in J Dutheil de la Rochère and JB Auby (eds), Droit Administratif Européen (Bruylant 0)

K Aas and M Bosworth (eds), The Borders of Punishment: Citizenship, Crime Control, and Social Exclusion (Oxford University Press 2013) (forthcoming)

W E Peel, 'The Brussels Convention 1999-2000' in Yearbook of European Law 2001 (Oxford University Press 2002) [...]

A survey of the decisions of the European Court of Justice in 1999-2000 on the interpretation of the Brussels Convention 1968


ISBN: 0-19-924340-9

D Gangjee, 'The Business End of Collective and Certification Marks' in I Simon (ed), Trade Mark Law and Sharing Names: Exploring Use of the Same Mark by Multiple Undertakings (Edward Elgar, Cheltenham 2009)

J J W Herring, 'The Caesarean Section Cases and the Supremacy of Autonomy' in M. Freeman (ed), Law and Medicine (OUP 2001)

N Ghanea (ed), The Challenge of Religious Discrimination at the Dawn of the New Millennium (Martinus Nijhoff 2004) [...]

The themes and issues explored in this book - religion, human rights, politics and society could not be more relevant to the post 11 September 2001 world. They lie at the heart of global political debate today. The collection explores these issues after the passing of just over two decades from the adoption of the United Nations Declaration on the Elimination of all Forms of Intolerance and Discrimination based on Religion or Belief. That declaration set out minimum international standards for the elimination of such discrimination. Sadly the challenge of intolerance on the basis of religion … read moreor belief continues to plague us, and tackling it seems to have become increasingly entrenched. The complexity of this phenomenon requires expertise from different quarters. This collection draws from diplomatic, activist and theological quarters and benefits from the analysis of scholars of law, history, religious studies and sociology. The ten chapters of this collection examine the relationship between human rights, law and religion; offer a typology for the study of religious persecution; problematise the consequences flowing from religious establishment in religiously plural society; analyse the implications of the directions being taken by the jurisprudence of the European Court of Human Rights and the protections offered by the European Commission council Directive 2000/43/EC outlawing workplace discrimination; study the 1981 Declaration and its promotion through the work of the UN Special Rapporteur on Freedom of Religion or Belief; and explore the intricacies of this freedom in detail from within the context of the United Kingdom and The Netherlands.


ISBN: ISBN13: 978900413641

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

R G Hood and Stephen Shute, 'The changing face of parole in England and Wales. A story of well-intentioned reforms and unintended consequences' in Prittwitz, Baurmann,Günther, Kuhlen, Merkel, Nestler and Schulz (eds), Festschrift für Klaus Lüderssen (Nomos verlagsgessellschaft 0) [...]

An analysis of the factors influencing changes in the parole system of England and Wales and of the unintended consequences of these changes.


ISBN: 3-7890-7887-5

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)

L Gullifer and J Payne, 'The Characterisation of Fixed and Floating Charges' in J. Payne, J. Getzler (eds), Company ChargesSpectrum and Beyond (OUP 2007)

J Payne and Louise Gullifer, 'The characterization of fixed and floating charges' in J Getzler and J Payne (eds), Company Charges: Spectrum and Beyond (OUP 2006)

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)

P P Craig, 'The Classics of EU Law Revisited: CILFIT and Foto-Frost' in M Poiares Maduro and L Azoulai (eds), The Past and Future of EU Law (Hart Publishing 2010)

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.


ISBN: 978-0-19-967890-7

S Douglas-Scott, 'The Common Foreign and Security Policy of the EU' in Faculty of Law University of Uppsalla (ed), (Justus Forlag 1999)

G Dinwoodie, 'The Common Law and Trade Marks in an Age of Statutes' in Bently, Ng & D’Agostino (eds), The Common Law of Intellectual Property: Essays in Honour of Professor David Vaver (Hart Publishing 2010) [...]

In 1879, the United States Supreme Court recognized that trade marks are a creature of the common law. Likewise, the English courts had long recognized causes of action that effectively protected marks prior to the enactment of statutes delineating the scope of trademark protection. The characterization of trade mark law as a field of common law may, however, now seem an essentially historical statement. In the United States, the early twentieth century saw the adoption of a series of federal trademark registration statutes, and in 1946 Congress enacted even more comprehensive trademark legislation, namely the Lanham Act. Since then, Congress, has episodically - but with increasing frequency - revised the trademark statute. In light of such increased statutorification of trade mark law, what is the continued role of the common law in developing appropriate protection for trade marks? In this chapter, I recount the development of the common law of trade marks, highlighting the background developments outside trademark law that influenced the allocation of trademark lawmaking authority over the course of the twentieth century. The historical importance of these external influences suggests that trademark law will not be immune to changes in contemporary judicial philosophy that have made some scholars fearful about the room for further common law development. However, a brief review of recent Congressional activity and Supreme Court opinions in the field suggests that, despite substantial legislative intervention, both Congress and the Supreme Court appear content that the development of trademark and unfair competition law in the United States remain a partnership between the two institutions, and thus heavily dependent on common law lawmaking by the courts.


ISBN: 9781841139708

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)

J Raz, The Concept of a Legal System (Oxford University Press 1980)

J Raz, The Concept of a Legal System (Bulgarian translation 2005) [...]

Chinese, Spanish and Portuguese translations forthcoming.


L Zedner, 'The Concept of Security: an agenda for comparative analysis' in Jahrbuch fuer Rechts- und Kriminalsoziologie '02 (Nomos 2003) [...]

Chapter in leading German Annual on 'Legal and criminal sociology' on the theme of 'Innere Sicherheiten' (rough trans. 'Security')


ISBN: 3-8329-0084-5

A Briggs and others, The Conflict of Laws (14th edn, Thomson 2006) [...]

Definitive statement of the rules of Private International Law


ISBN: 042188360X

A Briggs, The Conflict of Laws (Clarendon Law Series, Oxford University Press 2008) [...]

Second and revised edition of The Conflict of Laws


ISBN: 978019953966-6

A Briggs, The Conflict of Laws (Clarendon Law Series) (OUP 2002)

R Stevens, 'The Conflict of Rights' in A Robertson and H Tang (eds), The Goals of Private Law (Hart 2009)

E Descheemaeker (ed), The Consequences of Possession (Edinburgh University Press 2014) [...]

The comparative law of property is a budding, but still extremely underdeveloped, field of study; yet its importance is self-evident in an age of Europeanisation of law and legal scholarship. Bringing together contributions of scholars from the civilian tradition (France, Germany, Italy), the common-law world (England) and mixed legal systems (Quebec, Scotland, South Africa), The Consequences of Possession examines from a historical and comparative perspective the consequences which the law derives from the recognition of a possessory relationship between a person and a thing. Excluding rights which require more than possession to be triggered (such as prescriptive acquisition or transfer of title by delivery), it focuses on the protection of possession across the divide between the two great western legal traditions.


ISBN: 9780748693641

E Descheemaeker, 'The Consequences of Possession' in E Descheemaeker (ed), The Consequences of Possession (EUP 2014) [...]

This article is the introductory chapter of Eric Descheemaeker (ed.), The Consequences of Possession (Edinburgh: Edinburgh University Press, 2014), a book which comprises the papers that were presented at a namesake conference at Old College, University of Edinburgh, in 2012 by the following scholars: Craig Anderson (Robert Gordon), Raffaele Caterina (Turin), Simon Douglas (Oxford), Yaëll Emerich (McGill), Robin Hickey (Durham), Duard Kleyn (Pretoria), Lena Kunz (Heidelberg) and Thomas Rüfner (Trier). The subject-matter of the book is the consequences of possession, examined from a comparative and historical perspective. Leaving aside the question on what possession is, a question that has caused a considerable amount of ink to be spilled for centuries (at least in the civilian tradition), it concerns itself with the law’s response to the recognition of a factual situation as amounting to ‘possession’ (or an equivalent concept like ‘possessio’, ‘possession’ or ‘Besitz’). It is be the first attempt to look in a coherent fashion at the topic of possession in a comparative and historical perspective, bringing together scholars from the civilian tradition (Germany, Italy) as well as the common law (England) and mixed legal systems (Quebec, Scotland, South Africa). This introductory chapter examines four questions: 1) Why protect possession?; 2) How is possession protected?; 3) How does the fact of possession relate to any rights to or of possession?; 4) What is so-called “quasi-possession”? One theme that is highlighted throughout the chapter is that the distance between the two great western legal traditions in this field might not be as great as is commonly believed, English law and modern civilian systems having both emerged at the crossroads of Roman law, canon law and feudalism. In this, the two of them belong to a pan-European current of concepts and doctrines which has shaped the modern law in all the jurisdictions examined, if in markedly different ways.


V Bogdanor and S Vogenauer, 'The Constitution of the UK as of 1 January 2007' in C Bryant (ed), Towards a New Constitutional Settlement (Smith Institute Monographs 2007) [...]

Draft for a written Constitution of the United Kingdom.


ISBN: 1905370202

N. W. Barber, 'The Constitution, The State and the European Union' in Cambridge Yearbook of European Law (CUP 2006)

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)

N. W. Barber, The Constitutional State (Oxford University Press 2010)

H Collins, 'The Constitutionalization of European Private Law as a Path to Social Justice? ' in H-W Micklitz (ed), The Many Concepts of Social Justice in European Private Law (Edward Elgar 2011)

S J Douglas, 'The Content of a Freehold: A 'Right to Use' Land?' in N Hopkins (ed), Modern Studies in Property Law (Hart 2013)

M R Freedland, The Contract of Employment (Clarendon Press, Oxford 1976)

H Collins, 'The Contract of Employment in 3D' in D. Campbell, L. Mulcahy, S. Wheeler (eds), Changing Concepts of Contract: Essays in Honour of Ian Macneil (Palgrave MacMillan 2013)

J C McCrudden, 'The Contribution of the EU Fundamental Rights Agency to Combating Discrimination and Promoting Equality.' in Philip Alston and Olivier de Schutter (eds), Monitoring Fundamental Rights in the EU: the Contribution of the Fundamental Rights Agency (Hart Publishing 2005)

D D Prentice, 'The Corporate Constitution and Directors’ Duties' in B. Hannigan and D. Prentice (eds), The Companies Act 2006 - a commentary (LexisNexis Butterworths 2007)

C Hodges, The Costs and Funding of Civil Litigation: A Comparative Approach (C Hodges, S Vogenauer & M Tulibacka, Hart Publishing 2010)

C Hodges, S Vogenauer and M Tulibacka (eds), The Costs and Funding of Civil Litigation: A Comparative Perspective (Hart Publishing 2010) [...]

xviii + 562 pp. This book contains the first major comparative study of litigation costs and methods of funding litigation in more than 30 jurisdictions. It was linked with the most comprehensive review of the costs ever carried out in England and Wales by Lord Justice Jackson in 2009 and benefited from the assistance of leading practitioners around the globe. The study analyses the principles and rules that relate to paying courts, witnesses and lawyers, and the rules on cost shifting, if any. They also note the major ways in which litigation can be funded, identifying the global trend on contraction of legal aid, the so far limited spread of contingency fees, and the growing new phenomenon of private third party litigation funding. The study also presents the results of nine case studies of typical claim types, so as to give a first overview comparison of which countries' legal systems are cheaper or more expensive. The book further contains national chapters with in depth analysis contributed by scholars in 18 jurisdictions (Australia, Belgium, Canada, China, Denmark, England & Wales, France, Germany, Japan, the Netherlands, New Zealand, Poland, Portugal, Russia, Spain, Switzerland, Taiwan and USA) and a further chapter on Latin American jurisdictions.


ISBN: 1849461023

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) [...]

DOI: 10.1163/9789004256088_031

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.


ISBN: 9789004256071

A C L Davies, 'The Court of Justice as a Labour Court' in C Barnard and M Gehring with I Solanke (eds), Cambridge Yearbook of European Legal Studies (Hart 2012)

J Roberts, 'The Coverage of Violent Crime in Toronto Newspapers.' in Report of the Royal Commission on Violence in the Communications Industry. (Royal Commission on Violence in the Communications Industry. 1976)

E McKendrick, The Creation of a European Law of Contracts (Kluwer-Deventer 2004)

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

A Ashworth and others, The Criminal Process (Oxford University Press 2005) [...]

The third (expanded) edition of a critical text on the English criminal process and criminal procedure.


ISBN: 0-19-927338-3

A Ashworth and Mike Redmayne, The Criminal Process (Oxford University Press 2010)

A Ashworth and others, The Criminological Foundations of Penal Policy (Oxford University Press 2003) [...]

Co-edited Festschrift for Roger Hood


ISBN: 0-19-926509-7

L Zedner and A Ashworth (eds), The Criminological Foundations of Penal Policy: Essays in Honour of Roger Hood (Oxford University Press 2003) [...]

Festschrift or collection of essays in honour of Roger Hood. Edited by me and Ashworth with substantial Introductory Essay by us as Editors.


ISBN: 0-19-926509-7

S Pickering, M Bosworth and KF Aas, 'The Criminology of Mobility' in S Pickering (ed), Routledge Handbook on Crime and Migration (Routledge 2014) (forthcoming)

I Loader, 'The Cultural Lives of Security and Rights' in B Goold and L Lazarus (eds), Security and Human Rights (Hart 2007)

R Williams, 'The Current Law of Intoxication: Rules and Problems' in Jonathan Herring (ed), Intoxication and Society ( 2012) [...]

Analyses the problematic nature of the current criminal law concerning intoxication


ISBN: 9781137008329

A Ezrachi and David Gilo, 'The Darker Side of the Moon – The assessment of excessive pricing and proposal for a post-entry price-cut benchmark' in Ariel Ezrachi (ed), Article 82 EC – Reflections on its recent evolution ( 2009)

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.).


R G Hood, The Death Penalty: a World-wide Perspective, Third Edition – Revised and Updated (OUP 2002)

R Hood and C Hoyle, The Death Penalty: A Worldwide Perspective (Oxford University Press 2008)

Roger Hood and C Hoyle, The Death Penalty: A Worldwide Perspective (5th edn, Oxford University Press 2014)

R G Hood, 'The Death Penalty: The Movement towards World-wide Abolition' in S.G. Shoham, O. Beck and M. Kett (eds), International Handbook of Penology and Criminal Justice (New York, CRC Press 2008)

J Freedman and others (eds), The Delicate Balance - Tax, Discretion and the Rule of Law (International Bureau of Fiscal Documentation 2011)

A Bogg, The Democratic Aspects of Trade Union Recognition (Hart 2009)

P P Craig, 'The Detailed Mandate and the Future Methods of Interpretation of the Treaties' in I Pernice and E Tanchev (eds), Ceci n’est pas une Constitution – Constitutionalisation without a Constitution? (Nomos 2009)

E. Riedel, G. Giacca and C. Golay, 'The Development of Economic, Social and Cultural Rights in International Law' in G. Giacca, E. Riedel and C. Golay (eds), Economic, Social, and Cultural Rights Contemporary Issues and Challenges ( 2014) (forthcoming)

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

Simon Whittaker (ed), The Development of Product Liability (C.U.P. 2010)

Simon Whittaker, 'The development of product liability in England' in Simon Whittaker (ed), The Development of Product Liability (Cambridge University Press 2010) [...]

This essay explains the development of product liability in English law


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) [...]

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.


ISBN: 978-0-19-965321-8

H Collins, 'The Directive on Unfair Contract Terms: Implementation, Effectiveness and Harmonization' in H. Collins (ed), Standard Contract Terms in Europe: A Basis for and a Challenge to European Contract Law (Kluwer Law International 2008)

E Descheemaeker, The Division of Wrongs: A Historical Comparative Study (Oxford University Press 2009) [...]

The common law, despite procedural divisions, has only ever had one class of civil wrongs. The civilians, by contrast, have typically split their law of wrongs in two, one group being called ‘delicts’ and the other ‘quasi-delicts’. Yet this division, which originated in Roman law, remains mysterious: it is clear neither where the line was drawn nor why a separation was made along this line.

This book does two things. In the first two parts, it investigates the origins of the division and its development in a modern civilian jurisdiction, France. What is argued for is that the Roman dichotomy was originally one between fault (culpa)-based and situational liability, which was prompted by a historical contraction of the Roman concept of a wrong (delictum). French law, building on medieval interpretations of the division, redrew the line one level higher, between deliberate and negligent wrongdoing. By doing so, it involved itself in severe taxonomical difficulties, which the book explores.

The third part of the work concerns itself with the significance of the civilian division of wrongs according to degrees of blameworthiness (dolus, culpa, casus) for the common law. A rather provocative thesis is developed, in effect, that there is a strong case for the adoption of a similar trichotomy as the first-level division of the English law of civil wrongs. From its formulary age, English law has inherited an unstable taxonomy where wrongs intersect. The existence of these mismatched categories continues to cause significant difficulties, which a realignment of causes of action along the above lines would allow to sort out.


ISBN: 9780199562794

S Talmon, 'The Duty Not to ‘Recognize as Lawful’ a Situation Created by the Illegal Use of Force or Other Serious Breaches of a Jus Cogens Obligation: An Obligation Without Real Substance?' in Christian Tomuschat and Jean-Marc Thouvenin (eds), The Fundamental Rules of the International Legal Order. Jus Cogens and Obligations Erga Omnes (Martinus Nijhoff 2005)

P A Brand, The Earliest English Law Reports volume III (Selden Society 2005)

P A Brand, The Earliest English Law Reports volume IV (Selden Society 2007)

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

S Vogenauer, 'The Effects of Contracts on Third Parties: the Avant-projet de réforme in a Comparative Perspective' in J Cartwright, S Vogenauer and S Whittaker (eds), Reforming the French Law of Obligations: Comparative Observations on the Avant-projet de réforme du droit des obligations et de la prescription (the ‘Avant-projet Catala’) (Hart Publishing 2009) [...]

pp. 235-268.


S Gardner, 'The Element of Discretion' in P B H Birks (ed), Frontiers of Liability, vol 2 (Oxford University Press 1994)

R Burnett and C. Roberts, 'The emergence and importance of evidence-based practice' in R. Burnett and C. Roberts (eds), What Works in Probation and Youth Justice (Willan Publishing 2004)

A Russell, 'The Emergence of the Human Right to Water: Interdisciplinary Intersections' in The Right to Water: Theory, Practice and Prospects (CUP 2011)

K Moussavi, The emergence of the Single Party system and the new constitutional order in Iran: The background to the Rastakhiz Party ( 0)

A Ezrachi, 'The Enforceability of Article 82 EC in National Courts' in Ariel Ezrachi (ed), Article 82 EC – Reflections on its recent evolution ( 2009)

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 S Burrows, 'The English Law of Restitution: A Ten-Year Review' in Neyers, McInnes and Pitel (eds), Understanding Unjust Enrichment ( 2004)

P A Brand, 'The English Medieval Common Law (to c. 1307) as a System of National Institutions and Legal Rules: Creating and Functioning' in Paul Dresch and Hannah Skoda (eds), Legalism: Anthropology and History (Oxford University Press 2012)

D Akande, 'The Era of International Criminal Responsibility' in The Hutchinson Almanac ( 2000)

C Costello and E Brown, 'The EU and the ECHR before European and Irish Courts' in U Kilkelly (ed), ECHR and Irish Law (2nd ed) (Jordans 2008)

S Douglas-Scott, 'The EU Charter of Fundamental Rights ' in Andenas and Usher (eds), Legal Issues of the Treaty of Nice (Oxford: Hart 2003)

H Collins, The European Civil Code: The Way Forward (Cambridge University Press 2008) [...]

The book argues that the European Union should develop a civil code to provide uniform rules for contracts, property rights and protection against civil wrongs, thus drawing together differing national traditions with respect to the detailed regulation of civil society. The benefits of such a code would lie not so much in facilitating cross-border trade, but in establishing foundations for a denser network of transnational relations of civil society, which in turn would help to overcome the present popular resistance to effective and functioning political institutions at a European level. These principled foundations for a more inclusive and less 'balkanised' civil society in Europe also provide elements of a required European Social Model that offers necessary safeguards for consumers, workers and disadvantaged groups against the pressure of market forces in an increasingly global economic system.


ISBN: 978-0-521-71337-5

S Vogenauer and S Weatherill, 'The European Community\'s Competence to Pursue the Harmonisation of Contract Law - an Empirical Contribution to the Debate' in S Vogenauer, S Weatherill (eds), The Harmonisation of European Contract Law: Implications for European Private Laws, Business and Legal Practice (Hart Publishing 2006) [...]

The text has been translated into French (Revue des contrats 2005, 1215) and German (Juristenzeitung 2005, 870).


ISBN: 1841135917

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)

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)

A Ohly and J Pila (eds), The Europeanisation of Intellectual Property Law: Towards a European Legal Methodology (Oxford University Press 2013)

G Dinwoodie, 'The Europeanisation of Trade Mark Law' in Ansgar Ohly & Justine Pila (eds), The Europeanisation of Intellectual Property Law (Oxford Univ. Press 2013) (forthcoming) [...]

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.


P P Craig and G de Burca (eds), The Evolution of EU Law (Oxford University Press 2011)

P P Craig, 'The Evolution of the Single Market' in C. Barnard and J. Scott (eds), The Law of the Single European Market, Unpacking the Premises (Hart Publishing 2002) [...]

The political and legal evolution of the single market from the inception of the EEC till 2001


ISBN: 1-84113-344-2

M R Freedland, 'The Evolving Approach to the Public/Private Distinction in English Law' in M.R. Freedland and J.-B. Auby (eds), The Public-Private Divide – Une Entente Assez Cordiale? (Hart Publishing 2006)

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.


ISBN: 9781849461726

P P Craig and others, The Executive and Public Law: Power and Accountability in Comparative Perspective (Oxford University Press 2005) [...]

Comparative work which I co-edited on power and accountability of the executive in a number of common law and civil law jurisdictions


ISBN: 0-19-928559-4

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)

G S Goodwin-Gill, 'The Extra-Territorial Reach of Human Rights Obligations: A Brief Perspective on the Link to Jurisdiction' in Laurence Boisson de Chazournes & Marcelo G. Kohen (eds), International Law and the Quest for its Implementation/Le droit international et la quête de sa mise en oeuvre: Liber Amicorum Vera Gowlland-Debbas (Leiden: Brill 2010) [...]

This chapter examines when and how the principles of State responsibility can be translated into liability violations of human rights. It reviews actual and potential gaps in the law, considers jurisprudence and practice with reference to the concepts of territory and jurisdiction, and argues that in this context, 'jurisdiction' should be interpreted to include 'enforcement or prerogative jurisdiction'.


ISBN: 978-90-04017714-7

Violeta Moreno-Lax and C Costello, 'The Extraterritorial Application of the EU Charter of Fundamental Rights: From Territoriality to Facticity, the Effectiveness Model' in Steve Peers, Tamara Hervey, Jeff Kenner and Angela Ward (eds), The EU Charter of Fundamental Rights - A Commentary (Hart Publishing 2014)

T Krebs, 'The Fallacy of Restitution for Wrongs' in Andrew Burrows and Lord Rodger of Earlsferry (eds), Mapping the Law, Essays in Memory of Peter Birks (OUP 2006)

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 (Hart Publishing 2012)

J S Getzler, 'The Fate of the Civil Jury in Late Victorian England: Malicious Prosecution as a Test Case' in G R Rubin and K O'Donovan (eds), Human Rights and Legal History: Essays for Brian Simpson (Oxford University Press, Oxford 2000)

J S Getzler, 'The Fate of the Civil Jury in Late Victorian England: Malicious Prosecution as a Test Case (revised version)' in J W Cairns and G McLeod (eds), 'The Dearest Birth Right of the People of England': The Jury in the History of the Common Law (Hart Publishing, Oxford 2002)

J Cartwright, 'The Fiction of the 'Reasonable Man'' in AG Castermans, J Hijma, KJO Jansen, P Memelink, HJ Snijders, CJJM Stolker (eds), Ex Libris Hans Nieuwenhuis (Kluwer 2009) [...]

The 'reasonable man' appears in tort, contract and criminal law, but personifies different standards in each. So the 'reasonable man' is a fiction.


ISBN: 9789013069228

J S Getzler and Mike Macnair, 'The Firm as an Entity before the Companies Acts' in P Brand, K Costello and W N Osborough (eds), Adventures in the Law: Proceedings of the 16th British Legal History Conference, Dublin ( 2005) [...]

Shows how law, equity and ad hoc statute permitted forward and reverse asset partitioning in the two centuries before the Companies Acts, and thereby questions the orthodoxy regarding the rise of free incorporation.


ISBN: 1-85182-936-9

M R Macnair and J Getzler, 'The firm as an entity before the Companies Acts' in Paul Brand, Kevin Costello & W.N. Osborough (eds), Adventures of the Law: Proceedings of the Sixteenth British Legal History Conference, Dublin 2003 (Four Courts Press 2005)

Laura Hoyano, 'The Flight to the Fiduciary Haven' in Peter Birks (ed), Privacy and Loyalty (OUP 1997) [...]

This chapter explores the invasion of part of the territory of common law obligations by the fiduciary phenomenon, considering in particular Canadian and Australian jurisprudence. The encroachment of fiduciary concepts into Hedley Byrne advisory relationships and fiduciary liability for sexual exploitation is considered in some depth.


ISBN: 0-19-876488-X

J Raz, 'The Force of Numbers' in Royal Institute of Philosophy Lectures of 2003 (Cambridge University Press 2005)

H Collins (ed), The Forthcoming EU Directive on Unfair Commercial Practises: Contracts,Consumers and Competition Law (Kluwer Law International 2004)

J Edelman, J Goudkamp and S Degeling, 'The Foundations of Torts in Commercial Law' in Torts in Commercial Law (Lawbook Co 2011)

A Braun, 'The Framing of a European Law of Trusts' in L. Smith (ed), The Worlds of the Trust (CUP, Cambridge 2013)

J Rowbottom (ed), The Funding of Political Parties: Where Now? (Routledge 2011) [...]

This book explores the problems associated with regulating the funding of political parties and election campaigns in a timely assessment of a topic of great political controversy. From interest in Obama's capacity to raise vast sums of money, to scandals that have rocked UK and Australian governments, party funding is a global issue, reflected in this text with case studies from Australia, Canada, New Zealand, United Kingdom, and the United States. Taking an interdisciplinary approach with leading scholars from politics, geography and law, this text addresses key themes: contributions, spending controls, the role of broadcasters and special interests, and the role of the state in funding political parties. With regulatory measures apparently unable to change the behaviour of parties, why have existing laws failed to satisfy the demands for reform, and what kind of laws are necessary to change the way political parties behave? The Funding of Political Parties: Where Now? brings fresh comparative material to inform this topical and intractable debate, and assesses the wider implications of continuing problems in political funding.


ISBN: 9780415580014

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)

P Eleftheriadis, 'The Future of Environmental Rights in the European Union ' in Philip Alston (ed), The European Union and Human Rights (Oxford University Press 1999)

A Johnston and A.A. Dashwood (eds), The Future of the Judicial System of the European Union (Hart Publishing 2001) [...]

Originating in a conference organised by the Centre for European Legal Studies (CELS),Cambridge in July 1999, this book contains a number of pieces on the highly topical issue of the reform of the European judicial system. Including copies of the major contributions to the debate from the institutions of the European Union, the volume aims both to provide a useful reference point for the major proposals currently under consideration and to stimulate further thinking on the subject. Contributors to this collection include Ross Cranston, Advocate General Francis Jacobs, Judge Pernilla Lindh, Henry Schermers, Anthony Arnull and Ole Due.


ISBN: 9781841132419

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)

J Roberts, 'The Future of Youth Court Sentencing in Canada' in Issues and Perspectives on Young Offenders (Thomson Nelson 2004)

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

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.


ISBN: 978-1849463249

A Johnston, H. Unberath and B.S. Markesinis, The German Law of Contract: A Comparative Treatise (Hart Publishing 2006) [...]

Recently the contract section of the German Civil Code was amended after one hundred years of un-altered existence. The German Law of Contract, radically recast, enlarged, and re-written since its first edition, now details and explains for the first time these changes for the benefit of Anglophone lawyers. One hundred and twenty translated contract decisions also make this work a unique source-book for students, academics, and practitioners. Along with its companion volume, The German Law of Torts, the two volumes provide one of the fullest accounts of the German Law of Obligations available in the English language. Through its method of presentation of German law, the book represents an original contribution to the art of comparison. An additional feature of the Contract volume is the way in which it reveals the growing impact which European Directives are having upon the traditional, liberal, contract model, thereby bringing German and English law closer to each other, especially in the area of consumer protection.


J Armour, 'The Governace of Corporate Rescue in the UK' in H. Peter, N. Jeandin and J. Kilborn (eds), The Challenges of Insolvency Law in the 21st Century (Schulthess, Zurich 2006)

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)

S Vogenauer and S Weatherill (eds), The Harmonisation of European Contract Law: Implications for European Private Laws, Business and Legal Practice (Hart Publishing 2006) [...]

Conference Volume


ISBN: 13978-1-84113-391-4

Ruth Deech, 'The HFEA 10 years on' in Gunning and Szoke (eds), The Regulation of ART (Ashworth 2003)

P P Craig, 'The Hierarchy of Norms' in T. Tridimas (ed), EU Law for the Twenty-First Century, Volume I (Hart Publishing 2004) [...]

Study of provisions on Hierarchy of Norms in EU Constitutional Treaty


ISBN: 1-84113-456-2

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)

J J W Herring, 'The Human Rights Act and the Welfare Principle' in S. Butler (ed), Human Rights at the Millenium (Butterworths 2001)

H Collins, 'The Hybrid Quality of European Private Law' in R. Brownsword, H-W. Micklitz, and L. Niglia (eds), The Foundations of European Private Law (Hart Publishing 2011)

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)

S Fredman, 'The Ideology of New Labour Law' in C Barnard, S Deakin and G Morris (eds), The Future of Labour Law: Liber Amicorum Sir Bob Hepple (Hart 2004) [...]

A critical analysis of third way ideology in the field of labour law.


M Kurkchiyan, 'The Illegitimacy of Law in Post-Soviet Societies' in Galligan and Kurkchiyan (eds), Law and Informal Practices: The Post-Communist Experience (OUP 2003)

J C McCrudden, Robert Ford and Anthony Heath, 'The Impact of Affirmative Action Agreements.' in Bob Osborne and Ian Shuttleworth (eds), Fair Employment in Northern Ireland: A Generation on (Blackstaff 2004)

F Pirie, 'The impermanence of power: village politics in Ladakh, Nepal and Tibet' in J. Bray (ed), Ladakhi histories: local and regional perspectives (Leiden: Brill 2005)

G. Giacca and T. Karimova, 'The Implications of Economic and Social Rights for Arms Acquisitions' in S. Casey-Maslen (ed), Weapons under International Human Rights (Cambridge University Press 2014)

H Collins, 'The Impossible Necessity of European Labour Law ' in S. Muller, S. Zouridis, M. Frishman and L. Kistemaker (eds), The Law of the Future and the Future of Law (Torkel Opsahl Academic EPublisher 2011) [...]

When the EC/EU was founded, it was believed that it would be unnecessary in the common market to regulate labour relations at the federal level, and also politically very difficult because each country had established a delicate legal balance between the interests of capital, labour, and government (the taxpayer). But this arrangement is probably no longer possible because of the free market in services and the growth of the service economy. Creating an EU labour law that balances the relative interests of the groups could present the EU with its greatest challenge so far, not just because it is politically controversial (both in the sense that the rules will be disputed and in the sense that many will dispute that the EU has a role at all), but also because it is doubtful that common rules would be suitable for the variety of capitalist institutional arrangements in the different countries, particularly the divergence between the corporatists arrangements of Germany and Scandinavia, on the one hand, and the more liberal market approach in the UK. But the EU would be well advised not to go down the route of the USA and its federal labour law for a number of reasons ? the uniform straightjacket has atrophied employment law, failed to adapt to a service economy, and also failed (as the recent health reform problems demonstrated) to join up labour market regulation with the development of a welfare system. So the EU needs to find some paradoxical solution which both achieves a uniform federal solution but at the same time is sensitive to local difference and capable of evolution. No easy task.


ISBN: 9788293081289

G S Goodwin-Gill, 'The Individual Refugee, the 1951 Convention and the Treaty of Amsterdam' in Elspeth Guild & Carol Harlow, eds. (eds), Implementing Amsterdam (Oxford: Hart Publishing 2001) [...]

Examines proposed harmonisation measures in relation to asylum in the EU, with particular reference to its impact on individual rights and related international obligations.


ISBN: 1-84113-116-4

L Zedner, 'The Inescapable Insecurity of Security Technologies?' in Aas, K. F., et al (eds), Technologies of Insecurity: Surveillance and securitsation of everyday life (Routledge 2008)

TAO Endicott, 'The Infant in the Snow' in Timothy Endicott, Joshua Getzler, and Edwin Peel (eds), Properties of Law (Oxford University Press 2006) [...]

Suppose that you are wandering across the tundra, and you find an infant, all alone, in the snow. She is incapable of discourse, and yet she has the same human rights as anyone who is capable of discourse. Those rights do not depend on the practices or conventions of your people, or hers. Human discourse and human conventions play no role in human rights. I elaborate these claims through a critique of J.W. Harris’s groundbreaking analytical account of human rights. I conclude that some welfare rights are paradigms of human rights, while rights of freedom of expression, privacy, and assembly, and rights to vote, and rights to independent tribunals are not human rights at all, except in a distantly metaphorical sense. Moreover, human rights can be explained with no reference at all to state authorities (though state authorities may have various special roles in observing and promoting some of them).


ISBN: 0-19-929096-2

S R Weatherill, 'The Influence of EU Law on Sports Governance' in S. Gardiner, R. Parrish and R. Siekmann . (eds), EU Sport Law and Policy: Regulation, Re-regulation and Representation (TMC Asser Press, The Hague 2009)

P Eleftheriadis, 'The Institutions' in David Vaughan QC and Aidan Robertson QC (eds), The Law of the European Union (Oxford University Press 2011)

S R Weatherill, 'The Internal Market' in S. Peers and A. Ward (eds), The EU Charter of Fundamental Rights: Politics, Law and Policy (Hart Publishing 2004)

Simon Whittaker, 'The Internal Relationships of EU Consumer Contract Laws: Unfair Contract Terms, Unfair Commercial Practices and the CESL' in L. Moccia (ed), The Making of European Private Law: Why, How, What, Who (Sellier 2013)

J Vidmar, 'The International Community Interest within a State-Centric Legal System' in W Benedek, K de Feyter, M Kettemann, C Voigt (eds), The Common Interest in International Law (Intersentia 2014) (forthcoming)

G Dinwoodie, 'The International Intellectual Property Law System: New Actors, New Institutions, New Sources' in Proceedings of the 98th annual Meeting of the American Society of International Law (ASIL 2004) [...]

International intellectual property norms are now being developed by a wide range of institutions - some national, some international, and some that do not fit neatly into either category; by bodies designed to address intellectual property; by trade and other bodies; and by actors public, private, and indeterminate. This new wave of international norm creation not only augments a growing body of substantive norms but also raises difficult structural questions about the future development of the international intellectual property system. This essay, a lecture delivered to the Annual Meeting of the American Society of International Law in 2004, is being reprinted as part of a symposium on ?TRIPS after ten years.?


G Dinwoodie, 'The International Intellectual Property System: Treaties, Norms, National Courts and Private Ordering' in Gervais (ed), Intellectual Property, Trade and Development: Strategies to Optimize Economic Development in a TRIPS Plus Era (Oxford Univ. Press 2007) [...]

Although part of the political impetus for international intellectual property law making has long come from the economic gains that particular countries could secure in the global market, the recent situation of intellectual property within the institutional apparatus of the trade regime has been an important factor in the transformation of the classical system of international intellectual property law. This chapter analyses various aspects of this transformation. It suggests that viewing intellectual property through the prism of trade alone offers an incomplete explanation of the changes that have occurred in international intellectual property law making. For example, a full account of the contemporary system must reflect the role of both litigation in national courts and private ordering by commercial actors in establishing international intellectual property norms. This chapter stresses that these new contributors to the international system must be subject to no lesser scrutiny than traditional public international instruments such as treaties. The chapter also discusses the increasingly quick resort to international institutions in the field of intellectual property law. To ameliorate the costs associated with the speedy development of international rules, and perhaps to ensure that some international solution is adopted, policy makers have begun more overtly to support the adoption of soft law norms rather than hard law treaty obligations. In response, those skeptical of these trends in international intellectual property law making have sought to slow down the process or bring it to a complete halt. In order to achieve a political climate where public international law imposes fewer constraints on national law makers (particularly law makers in developing countries), skeptics have adopted a number of strategies, including the multiplication of international institutions in which intellectual property is considered, and the concomitant development of a range of rival norms that have massively complicated the political economy of public international intellectual property law. Using examples drawn primarily from copyright and trademark law, I illustrate the pressure to accelerate internationalization, the varying strength of adopted norms, and the changes to the political climate in which public international law making is occurring. To some extent, these changes reflect increased political and popular attention to trade and development. However, regardless of the catalyst, these systemic changes remain crucially important to trade and development because of the entanglement of intellectual property with trade and development policy.


G S Goodwin-Gill, 'The International Law of Refugee Protection' in Elena Fiddian-Qasmiyeh, Gil Loescher, Katy Long & Nando Sigona (eds), The Oxford Handbook of Refugee and Forced Migration Studies (Oxford: Oxford University Press 2014)

M Paparinskis, The International Minimum Standard and Fair and Equitable Treatment (Oxford University Press 2013)

A V Lowe, 'The Interplay between Negotiation and Litigation in International Dispute Settlement' in Ndiaye and Wolfrum (eds) (eds), Liber Amicorum Judge Thomas A. Mensah (Koninklijke Brill NV 2007)

A Orakhelashvili, The Interpretation of Acts and Rules in Public International Law, Oxford Monographs in International Law (publication date 26 June 2008, 622 pages) ( 2008)

Simon Whittaker, 'The Interpretation of Concepts in European Private Law' in K. Boele-Woelski and W. Grosheide (eds), The Future of European Contract Law (Wolters Kluwer 2007) [...]

This short article contrasts the interpretative style of the ECJ with more traditional (and conceptual) styles of 'European private lawyers' and then illustrates this contrast by reference to the decision of the ECJ in EasyCar v OFT


ISBN: 978-90-411-2699-3

E McKendrick, 'The Interpretation of Contracts: Lord Hoffmann's Re-Statement' in S Worthington (ed), Commercial Law and Commercial Practice (Hart Publishing 2003) [...]

an examination of the principles applied by the courts when interpreting contractual documents


ISBN: 1-84113-438-4

D Leczykiewicz and Stephen Weatherill (eds), The Involvement of EU Law in Private Law Relationships (Hart Publishing Oxford 2013)

TAO Endicott, 'The Irony of Law' in John Keown and Robert P George (eds), Reason, Morality, and Law: The Philosophy of John Finnis (Oxford University Press 2013) [...]

John Finnis says that central cases of the concepts of social theory fully instantiate values that are instantiated in more-or-less watered-down ways in peripheral cases. I argue that the central case of a concept essential to social theory may excel in some specific good or in some specific ill, or in neither, or in both. As for law, the central cases of a legal system, or of a law, do indeed involve goods that Finnis ascribes to them; the central cases also involve certain ills. That is the irony of law. It secures essential goods for a community, and also (and, in fact, by the same token) it incurs certain ills that are necessarily involved in its specific techniques for securing those goods. I conclude by pointing out a resulting tension over a legal system’s regulation of the validity of its own legal norms.


ISBN: 978-0-19-967550-0

D Dwyer, The Judicial Assessment of Expert Evidence (Cambridge University Press 2008) [...]

Justice systems increasingly rely on expert evidence. We are therefore obliged to justify the courts’ ability to assess this evidence, especially when the courts must resolve disagreements between experts or address possible bias. By reintegrating contemporary evidence theory with applied philosophy, Deirdre Dwyer analyses the epistemological basis for the judicial assessment of expert evidence. Reintegrating evidence with procedure, she also examines how we might arrange our legal processes in order to support our epistemological and non-epistemological expectations. Including analysis of the judicial assessment of expert evidence in civil litigation (comparing practice in England and Wales with that in the United States, France, Germany and Italy), the book also provides the first detailed account of the historical development of English civil expert evidence and the first analysis of the use of party experts, single joint experts and assessors under the Civil Procedure Rules.


ISBN: 9780521509701

D Akande, 'The Jurisdiction of the International Criminal Court over Nationals of Non-Parties: Legal Basis and Limits' in Bekou & Cryer (eds), The International Criminal Court (Ashgate 2005) [...]

also published as a journal article


ISBN: 0754624099

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)

M Kurkchiyan, 'The Karabagh Conflict: from Soviet Past to Post-Soviet Uncertainty' in Marina Kurkchiyan with Edmund Herzig (ed), The Armenians: Past and Present in the Making of National Identity (London: Routledge-Curzon 2005)

A Johnston and E. Powles, 'The Kings of the World and their Dukes’ Dilemma: Globalisation, Jurisdiction and the Rule of Law' in Piet Jan Slot and Mielle Bulterman (eds), Globalisation and Jurisdiction (Kluwer Law International 2004)

Simon Whittaker, 'The Language or Languages of Consumer Contracts' in John Bell and Claire Kilpatrick (eds), Cambridge Yearbook of European Studies 2005-2006 (Hart Publishing 2006)

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)

S Douglas-Scott, 'The Law and Custom of a New Parliament: The European Parliament ' in Bradley, Baranger Ziegler (eds), Constitutionalism and the role of Parliaments (OUP 2007)

J Armour, 'The Law and Economics of Corporate Insolvency: A Review' in R.D. Vriesendorp, J.A. McCahery and F.M.J. Verstijlen (eds), Comparative and International Perspectives on Bankruptcy Law Reform in the Netherlands (Boom Juridische uitgevers 2001)

Charles Foster, J J W Herring and Issi Doran, The Law and Ethics of Dementia (Hart 2014)

H Collins, The Law of Contract (4th, Butterworths 2003)

M Bridge, L Gullifer, S Worthington and G McMeel, The Law of Personal Property (Sweet & Maxwell 2013)

L Gullifer, H Beale, M Bridge and E Lomnicka, The Law of Personal Property Security (OUP 2007)

A S Burrows, The Law of Restitution (2nd edn, Butterworths 2002) [...]

Text on the law of restitution


A S Burrows, The Law of Restitution (3rd edn, OUP 2011)

H Beale, M Bridge, L Gullifer and E Lomnicka, The Law of Security and Title Finance (2nd edn, Oxford University Press 2012)

W E Peel, 'The Legacy of Penn v Lord Baltimore' in Timothy Endicott, Joshua Getzler, and Edwin Peel (eds), Properties of Law: Essays in Honour of Jim Harris (OUP 2006)

I Goold, 'The Legal Aspects of Cognitive Enhancement ' in Ruud ter Meulen, Ahmed D Mohamed, and Wayne Hall (eds), Rethinking Cognitive Enhancement: A Critical Appraisal of the Neuroscience and Ethics of Cognitive Enhancement (OUP 2014) (forthcoming)

D Sarooshi, 'The Legal Capacity and Powers of International Organizations’ ' in Ian Hurd, Ian Johnstone, and Jacob Katz Cogan (eds), The Oxford Handbook of International Organizations (Oxford University Press 2014) (forthcoming)

M R Freedland, 'The Legal Characterization of Personal Work Relations and the Idea of Labour Law' in Davidov and Langille (eds), Idea of Labour Law (OUP 2011)

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)

M R Freedland and N Kountouris, The Legal Construction of Personal Work Relations (OUP 2011)

W Njoya and S. Deakin, 'The Legal Framework of Employment Relations' in P. Blyton, N. Bacon, J. Fiorito and E. Heery (eds), Handbook of Industrial Relations (Sage 2008)