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Hart Studies in Commercial and Financial Law
A Taxing Journey
How Civic Actors Influence Tax Policy
Edited by Paolo de RenzioThis open access book examines how civic organizations can influence tax policy and administration in ways that benefit ordinary citizens through in-depth case studies from a wide range of countries including France, Guatemala, Kenya, Mexico, Philippines, Uganda, and the United States These examples, covering a range of lower and higher income countries, across many aspects of tax systems, give us useful examples to build on by demonstrating that citizens everywhere can influence tax policy and ultimately secure fairer societies
The ebook editions of this book are available open access under a CC BY 4.0 licence on www.bloomsburycollections.com.
UK January 2024 US January 2024
272 pages
HB 9781350344617 £85 00 / $115 00
ePub 9781350344624 • £0 00 / $0 00
ePdf 9781350344631 • £0 00 / $0 00
Bloomsbury Academic
Chinese Civil Code Specific Parts
Yuanshi Bu, University of Freiburg, Germany
This book provides readers with a systematic and in-depth analysis of the Civil Code of the PRC. Following the Chinese Civil Code: The General Part, this book covers the six specific books of the Code It designates a separate part for the security law and highlights the significant amendments brought about by the Code and its subsequent judicial interpretation As contract law makes up nearly half of the Civil Code, this book puts an emphasis on this area and addresses six major contract types in detail: the sales contract, lease contract, guaranty contract, mandate contract, factoring contract and technology contract
• US October 2023
UK September 2023
HB 9781509972913
Beck/Hart
• 400 pages
• £225 00 / $305 00
World English (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland)
John Linarelli, University of Pittsburgh, USA & Teresa Rodríguez de las Heras Ballell, University Carlos III of Madrid, Spain
The Governance of Macroprudential Policy
How to Build Regulatory Legitimacy Through a Social Justice Approach
Tracy C Maguze, Universidade Católica Portuguesa, Portugal
This book critically examines the theoretical foundations and legal framework for macroprudential policy, its tools and governance in the UK, the US, and the EU It goes deeper into a normative discussion of the legitimacy of macroprudential policy in these jurisdictions, where the mandate for maintaining financial stability has been delegated to independent authorities
By proposing that macroprudential policymakers should have a social justice mandate alongside their financial stability mandate, as well as legal mechanisms for operationalising the added authority, the book contributes to the growing discourse on the role of social justice in public policy
UK January 2024 US January 2024 288 pages
HB 9781509968398 £85 00 / $115 00
ePub 9781509968404 £76 50 / $103 94
ePdf 9781509968411 • £76 50 / $103 94
Series: Hart Studies in Commercial and Financial Law • Hart Publishing
The Future of High-Cost Credit Rethinking Payday Lending
Jodi Gardner, University of Auckland, New Zealand
This book proposes a new way of thinking about the controversial and complex challenges associated with the regulation of high-cost credit
The book explores the theoretical grounding, policy initiatives and interdisciplinary perspectives associated with high-cost credit, making a novel and insightful contribution to the existing literature
The findings will also be of interest to many academic disciplines, as well as for those working in public policy and ‘the third sector’
UK January 2024 • US January 2024 • 304 pages
PB 9781509961429 • £42 99 / $58 95
Previously published in HB 9781509939350
ePub 9781509939374 • £76 50 / $103 94
ePdf 9781509939367 £76 50 / $103 94
Series: Hart Studies in Commercial and Financial Law Hart Publishing
International Bank Crisis Management A Transatlantic Perspective
Marco Bodellini, University of Bergamo, Italy
This book analyses the legal regimes governing bank crisis management in the EU, UK, and US, discussing the different procedures and tools available as well as the regulatory architecture and the authorities involved
The book provides a thorough discussion of bank liquidation vis-à-vis bank resolution; advances considerations on the impact on banks of the current crisis provoked by the COVID-19 pandemic; and discusses the regulatory agenda of the EU commission on the adoption of a new bank crisis management and deposit insurance framework in the Union
UK February 2024 • US February 2024 • 304 pages
PB 9781509961344 • £42 99 / $58 95
Previously published in HB 9781509961306
ePub 9781509961313 • £76 50 / $103 94
ePdf 9781509961320 £76 50 / $103 94
Series: Hart Studies in Commercial and Financial Law Hart Publishing
Money Law, Capital, and the Changing Identity of the European Union
Edited by Gabriella Gimigliano, University of Siena, Italy & Valentino Cattelan, Birmingham City University, UKThis book addresses 3 questions: is money a way to create a European Union identity? If so, which type of identity is this? And in what ways is the EU identity changing?
Chapters cover the European framework for payment services users; the limits and challenges of the Banking Union; the digital euro; the policy and regulatory drivers of the EU's changing identity from the early modern roots to the regulatory strategy set in the Capital Markets Union; the fintech-based developments of payment systems; and the fiscal and monetary policies in the post-COVID phase.
UK March 2024 • US March 2024 • 304 pages
PB 9781509956838 £44 99 / $60 95
Previously published in HB 9781509956791
ePub 9781509956807 £81 00 / $110 69
ePdf 9781509956814 • £81 00 / $110 69 Hart Publishing
Debates in Charity Law
Studies in International Trade and Investment Law
Gabrielle Marceau, Legal Affairs Division, WTO Secretariat, Krista Nadakavukaren Schefer, Swiss Institute of Comparative Law, Switzerland, Federico Ortino, King's College London, UK & Gregory Shaffer, University of California, Irvine, USA
Financial Market Infrastructure and Economic Integration
A WTO, FTAs, and Competition Law Analysis
George A Papaconstantinou, European Commission, Belgium
This book provides a study of the regulation of financial infrastructure and international economic integration.
It discusses how the liberalisation of financial market infrastructure is achieved within the WTO, Economic Integration Agreements, and EU competition law, exploring whether a more harmonious relationship between financial regulation and economic integration is feasible. The book demonstrates the existence of both structural barriers to trade and trade-facilitating tools that can impede and foster the integration of financial market infrastructure.
UK January 2024 • US January 2024 • 288 pages
HB 9781509966752 • £85 00 / $115 00
ePub 9781509966769 • £76 50 / $103 94
Edited by
John Picton, University of Liverpool & Jennifer Sigafoos, University of LiverpoolCharitable organisations occupy a central place in society across much of the world, accounting for billions of pounds in revenue As society changes, so does the law which regulates nonprofits.
In this book, a team of internationally recognised charity law experts offers a modern take on a fast-changing policy field and identifies the links between law, social change and regulation
Through the concept of policy debates it moves the field forward, providing an important reference point for developing scholarship in charity law and policy Each chapter explores a policy debate, setting out the fault-lines in play, and offering proposals for reform
• US November 2023
UK November 2023
PB 9781509974276
• £44 99 / $60 95
• 328 pages
Previously published in HB 9781509926831
ePub 9781509926848 £81 00 / $110 69
ePdf 9781509926855 £81 00 / $110 69
Hart Publishing
Outcome-Based Cooperation In Communities, Business, Regulation, and Dispute Resolution
Christopher Hodges, University of Oxford, UK
How do we cooperate – in social, local, business, and state communities? This book proposes an Outcome-Based Cooperative Model, in which all stakeholders work together on the basis of trust and respect to achieve shared aims and outcomes
The book examines recent systems and developments in local groupings, business organisations, regulation, and dispute resolution, and makes proposals of profound importance for reform This is a new blueprint for liberty, solidarity, performance, and achievement
UK March 2024 • US March 2024
• 600 pages
PB 9781509962525 £44 99 / $60 95
Previously published in HB 9781509962488
ePub 9781509962495 £81 00 / $110 69
ePdf 9781509962501
• £81 00 / $110 69
Series: Civil Justice Systems
• Beck/Hart/Nomos
ePdf 9781509966776 • £76 50 / $103 94
Series: Studies in International Trade and Investment Law Hart Publishing
International Trade Law and Global Data Governance
Aligning Perspectives and Practices
Neha Mishra, Graduate Institute, Switzerland
Neha Mishra, examines how international trade agreements apply to domestic regulations on cross-border data flows and then proposes a multi-layered framework to align international trade law with evolving norms and practices in global data governance
The book will benefit scholars, practitioners and policymakers working on digital trade and data regulation
UK February 2024 • US February 2024 • 336 pages
HB 9781509961696 £85 00 / $115 00
ePub 9781509961702 £76 50 / $103 94
ePdf 9781509961719 £76 50 / $103 94
Series: Studies in International Trade and Investment Law • Hart Publishing
International Investment Law
An Analysis of the Major Decisions
Edited by Hélène Ruiz Fabri & Edoardo Stoppioni, Max Plank
Institute Luxembourg for Procedural Law
Written by over 40 international experts, this collection offers a critical and comparative analysis of the existing case law on international investment law
The book shows most notably that:
(1) international investment law has a longer history than generally considered and that this history is fundamental to understanding its development; (2) international investment law is crafted today by a large number of actors; and (3) the literature and case law in languages other than English and from different legal cultures is essential to grasp the essence of the development of the topic
UK November 2023 US November 2023 664 pages
PB 9781509974320 £69 99 / $94 95
Previously published in HB 9781509929047
ePub 9781509929061 • £126 00 / $171 44
ePdf 9781509929054 • £126 00 / $171 44
Series: Studies in International Trade and Investment Law • Hart Publishing
Court-Supervised Restructuring of Large Distressed Companies in Asia Law and Policy
Wai Yee Wan, City University of Hong Kong
This book provides an analysis of 4 Asian jurisdictions (Mainland China, India, Hong Kong and Singapore) that have recently reformed – or are considering reforming – their corporate restructuring laws to promote regimes conducive to restructuring financially distressed, but economically viable, companies. This study explains how corporate restructuring laws in these Asian jurisdictions have evolved due to the frictions in shareholder-creditor and creditor-creditor relationships, and the role of the state in resolving non-performing loans and financial distress of state-owned enterprises which are listed, or which issue public debt
UK January 2024 • US January 2024 • 400 pages
PB 9781509952373 • £44 99 / $60 95
Previously published in HB 9781509952335
ePub 9781509952342 • £85 50 / $116 09
ePdf 9781509952359 £85 50 / $116 09
Series: Contemporary Studies in Corporate Law Hart Publishing
The World of Maritime and Commercial Law
Essays in Honour of Francis Rose
Edited by C Mitchell, University College
London, UK & Stephen Watterson, University of Cambridge
These 20 essays contain work by legal scholars, practitioners, and judges, all renowned for their expertise in the field.
The book covers: the law governing maritime collisions; carriage of goods by sea; marine insurance; choice of law rules affecting the ownership of ships; the Privy Council’s role in resolving questions of private international law; the Sale of Goods Act 1979; the rules of contractual interpretation; negotiating damages for breach of contract; the illegality defence to private law claims; tracing misapplied funds; the application of private law rules to cryptocurrency disputes, and developments in the law of directors’ duties
UK November 2023
PB 9781509974313
Intermediaries in Commercial Law
Edited by Paul S Davies, University College
London, UK & Tan Cheng-Han, City University of Hong Kong
This book is the first to examine intermediaries in a holistic and systematic manner A wide range of jurisdictions and topical issues are discussed in order to illuminate the role intermediaries play in commercial law, including the role of websites and other platforms as intermediaries, or the prospect of intermediaries being non-human actors All these issues are subject to rigorous analysis by the expert contributors to this book
UK March 2024 • US March 2024 • 480 pages
PB 9781509949137 £54 99 / $74 95
Previously published in HB 9781509949090
ePub 9781509949106 £99 00 / $134 99
ePdf 9781509949113 • £99 00 / $134 99 Hart Publishing
The Digital Markets Act
A Guide to the Regulation of Big Tech in the EU
Edited by Konstantina Bania, Geradin Partners and University of Sheffield, UK & Damien Geradin, Geradin Partners, Belgium, and Tilburg University, the Netherlands
This book provides an in-depth exploration of the Digital Markets Act (DMA) It explains the rationale for the DMA, introduces the reader to the digital services falling within its scope, and provides insights into the interpretation issues and enforcement challenges that arise from the obligations it establishes
Analysing the DMA in the broader legal and market context, the chapters examine tensions between the DMA and other (EU and national) rules governing the conduct of online platforms, compare the DMA to similar initiatives undertaken in other jurisdictions, and bring perspectives from other disciplines, such as data protection regulation
UK March 2024 • US May 2024 • 432 pages
HB 9781509970018 • £180 00 / $245 00
• US November 2023
• £59 99 / $79 95
Previously published in HB 9781509932429
ePub 9781509932405
ePdf 9781509932412
Hart Publishing
• 432 pages
• £108 00 / $147 14
• £108 00 / $147 14
Digital Platforms, Competition Law, and Regulation
Comparative Perspectives
ePub 9781509970025 • £162 00 / $220 04
ePdf 9781509970032 • £162 00 / $220 04
Beck/Hart/Nomos
Judicial Review in Northern Ireland
Gordon Anthony, Queen's University, Belfast, UK
Edited
by Kalpana Tyagi, Anselm Kamperman Sanders & Caroline Cauffman, Maastricht University, the NetherlandsThis open access book offers a comparative perspective on competition law challenges presented by the converged digital markets It provides a rigorous discussion of reasons why regulatory responses may fall short
Part 1 offers an inter-disciplinary perspective on the most recent legislative solutions in the European Union, namely, the Digital Services Act, the Digital Markets Act, and the Data Act Part 2 offers competition and regulatory responses to these ever-emerging digital challenges by the UK, Latin American, Indian and Chinese regulators
The ebook editions of this book are available open access under a CC BY 4.0 licence on bloomsburycollections.com
UK February 2024 US February 2024 320 pages
HB 9781509969388 £85 00 / $115 00
ePub 9781509969395 • £0 00 / $0 00
ePdf 9781509969401 • £0 00 / $0 00
Hart Publishing
The third edition of this leading text provides a detailed account of the purposes of judicial review; the public-private divide in Northern Ireland law; judicial review procedure; grounds for review; and remedies It focuses on case law that is unique to Northern Ireland, and identifies important differences between Northern Ireland and England and Wales, including differences resulting from the Ireland-Northern Ireland Protocol agreed as part of Brexit This edition explains how and when EU law still applies in Northern Ireland, and considers key Human Rights Act decisions of Northern Irish courts and the House of Lords and the UK Supreme Court
UK February 2024 US April 2024 400 pages
HB 9781509933150 • £65 00 / $90 00
ePub 9781509933167 • £58 50 / $79 64
ePdf 9781509933174 • £58 50 / $79 64
Hart Publishing
Pandemocracy in Latin America Revisiting the Political and Constitutional Dimension of the Pandemic
Edited by Pablo Riberi, National University of Cordoba, ArgentinaAdopting a global-south perspective, this book explores the constitutional, political, and institutional measures that have paved the way for several aggressive state policies in various Latin American countries during the COVID-19 pandemic The contributions provide a detailed review of the democratic decay and the ‘rule of law’ impairment in many countries of the region The book goes beyond mere observation and explores all the main theoretical elements that can enhance a more comprehensive understanding of the political and normative impact of the pandemic
UK February 2024 • US February 2024 • 384 pages
HB 9781509965274 • £85 00 / $115 00
ePub 9781509965281 • £76 50 / $103 94
ePdf 9781509965298 • £76 50 / $103 94
Hart Publishing
Constitutional Courts, Media and Public Opinion
Angioletta Sperti, University of Pisa, Italy
This book analyses how the recent information revolution has radically changed the way courts communicate with the public It focuses on the consequences of the communication revolution of courts both in terms of their relationship with public opinion and of the legitimacy of judicial review of legislation
The book will interest scholars in constitutional law and public comparative law, sociologists, historians, political scientists, and scholars of media law and communication studies
UK December 2023 • US December 2023
HB 9781509953608 • £95 00 / $130 00
ePub 9781509953615 • £85 50 / $116 09
ePdf 9781509953622
• £85 50 / $116 09
• 304 pages
Series: Hart Studies in Comparative Public Law • Hart Publishing
Referendums as Representative Democracy
Leah Trueblood, University of Oxford, UK
In referendums on fundamental constitutional issues, do the people come together to make decisions instead of representatives? This book argues no It offers an alternative theory of referendums whereby they are one of many ordinary ways that voters give direction to their representatives In this way, the book argues that referendums are better understood as exercises in representative democracy
Challenging the current treatment of referendums in processes of constitutional change both in the United Kingdom and around the world, the book strengthens the case for referendums by showing how they can support, rather than undermine, institutions of representative democracy
UK March 2024 • US March 2024 • 144 pages
HB 9781509940806 • £65 00 / $90 00
ePub 9781509940813 • £58 50 / $79 64
ePdf 9781509940820 £58 50 / $79 64
Hart Publishing
Regulation-Making in the United Kingdom and Australia
Democratic Legitimacy, Safeguards and Executive Aggrandisement
Andrew Edgar, University of Sydney, Australia
This book shines a spotlight on the way in which parliamentary scrutiny of regulations provides the primary support for democratic legitimacy for regulations in the UK and Australia
This book has two aims. The first is to explain the systems of parliamentary scrutiny in the UK and Australia and their historical development The second aim is to examine recent developments in regulation-making that avoid or minimise this safeguard
The book contributes to public law in the UK and Australia by analysing recent developments that involve executive over-reach, by reference to the historical development of parliamentary checks on regulation-making
UK January 2024 • US January 2024 • 272 pages
HB 9781509972241 £90 00 / $120 00
ePub 9781509972258 £81 00 / $110 69
ePdf 9781509972265 £81 00 / $110 69
Hart Publishing
Equality Before the Law
Equal Dignity, Wrongful Discrimination, and the Rule of Law
Michael P Foran, University of Glasgow, UK
This book presents a defence of the value of equality within law which is neither purely formal nor an all-things-considered theory of justice
The book argues that equality is grounded in the principle of equal moral status of all subjects of the law and that individuals be treated in accordance with the principle of equality before the law, that they not be treated in ways that would deny their equal moral standing
It explores the argument that this principle of moral equality is the fundamental normative basis of the common law constitution and essential for the rule of law
UK December 2023 US December 2023 272 pages
HB 9781509964949 £85 00 / $115 00
ePub 9781509964956
• £76 50 / $103 94
ePdf 9781509964963 • £76 50 / $103 94
Series: Hart Studies in Constitutional Theory • Hart Publishing
Demoicratic Authority Nature and Ground of the EU’s Right to Rule
Josef Weinzierl, the Landgericht, Germany
What is the nature of EU’s authority? This fascinating book explores this question, and is much needed given its increased scrutiny in the face of growing nationalism.
By setting out an original account of the preferred moral standard to evaluate such authority, ie Demoicratic authority, it illustrates how that standard affects the practical reasoning of those subjects to the EU’s authority. Theoretically significant, the book also has important practical value as legitimacy challenges in the EU increase Constitutional lawyers and theorists, as well as political scientists will welcome this innovative new work
UK January 2024 US January 2024 224 pages
HB 9781509965045 £85 00 / $115 00
ePub 9781509965052 • £76 50 / $103 94
ePdf 9781509965069 • £76 50 / $103 94
Series: Studies of the Oxford Institute of European and Comparative Law • Hart Publishing
Nationhood, Executive Power and the Australian Constitution
Peta Stephenson, Queensland University of Technology, Australia
The first comprehensive study of the nature and scope of the nationhood power, this book brings a fresh perspective to the scholarship on the powers of the executive branch in Australia
The book analyses and evaluates judicial observations about the operation of the nationhood power in different contexts and its relationship with the other categories of federal executive power in s 61 of the Australian Constitution It will appeal to constitutional lawyers, scholars and practitioners, as well as those who are involved in the administration of government
UK February 2024 • US February 2024 • 240 pages
PB 9781509942367 • £42 99 / $58 95
Previously published in HB 9781509942329
ePub 9781509942336 £76 50 / $103 94
ePdf 9781509942343 • £76 50 / $103 94
Series: Hart Studies in Constitutional Law • Hart Publishing
Law and the Whirligig of Time
Stephen Sedley, retired Lord Justice of Appeal
This book contains articles by Stephen Sedley on the law, many of them from the London Review of Books, and lectures given to a variety of audiences
The first part is concerned with law as part of history - Feste’s ‘whirligig of time’; the second part with law and rights The third part is a group of biographical sketches of well-known and less well-known judges and jurists
The final part of the book is more personal: it goes back to the author’s days at the Bar, then forward to some parting reflections.
UK November 2023
PB 9781509974221
• US November 2023
• £21 99 / $29 95
Previously published in HB 9781509917099
ePub 9781509917112
• £40 50 / $55 34
ePdf 9781509917105 • £40 50 / $55 34
Hart Publishing
• 304 pages
Constitutionalism 2030
Parliament and the Law
Edited by Alexander Horne, Hackett & Dabbs LLP, UK, Louise Thompson, University of Manchester, UK & Ben Yong, Durham University, UK
The new edition of this popular book explores the way in which the law applies to, and impacts upon, the UK Parliament It explains how Brexit, the #MeToo movement, and the COVID-19 pandemic all presented Parliament with a series of challenges This edition includes new chapters on legislation and scrutiny, the restoration and renewal of the Palace of Westminster treaty scrutiny, Brexit, votes of confidence and the Fixed Term Parliament Act, and the financing of Parliament
This is a multi-disciplinary work authored by lawyers, political scientists, parliamentary officials and practitioners, and is supported by the Study of Parliament Group (SPG)
UK March 2024 US March 2024 464 pages
PB 9781509962747 £44 99 / $60 95
Previously published in HB 9781509934096
ePub 9781509934102 • £81 00 / $110 69
ePdf 9781509934119 • £81 00 / $110 69
Series: Hart Studies in Constitutional Law • Hart Publishing
Common Law Constitutional Rights
Edited by Mark Elliott, University of Cambridge & Kirsty Hughes, University of Cambridge
This book offers the first detailed and comparative analysis of the content and role of common law constitutional rights in judicial decision-making
There is a developing body of legal reasoning in the United Kingdom Supreme Court that has championed common law constitutional rights Indeed various members of the senior judiciary have asserted the primary role of common law constitutional rights and critiqued legal arguments based first and foremost on the Human Rights Act 1998
This collection brings together leading constitutional scholars to systematically analyse this significant shift in legal reasoning, described by Lady Hale as ‘UK Constitutionalism on the march’, for the first time.
UK November 2023
PB 9781509974252
• US November 2023
• £44 99 / $60 95
• 352 pages
Previously published in HB 9781509906864
ePub 9781509906888 • £81 00 / $110 69
ePdf 9781509906871 • £81 00 / $110 69
Hart Publishing
Edited
by Christoph Bezemek, University of Graz, AustriaHow will the 'crisis of constitutionalism' unfold in the years to come? Nobody knows, but at the same time, nobody is too keen to make an educated guess This volume remedies that
The book brings together 9 eminent scholars in law and political science to predict where constitutionalism will stand in 2030 It creates a forum of deliberation that not only aims to anticipate the developments in question but also shape academic discourse on constitutionalism
The contributors will reconvene in 2030 and 2040 to reflect and consider how the issues have evolved and whether their predictions have been realised
UK January 2024
• US January 2024
PB 9781509942749
• £44 99 / $60 95
• 304 pages
Previously published in HB 9781509942701
ePub 9781509942718
ePdf 9781509942725
Hart Publishing
• £81 00 / $110 69
• £81 00 / $110 69
The Constitutional Balance John Laws
In The Constitutional Balance Sir John Laws has left a vivid and timely commentary on one of the most pressing issues in the legal world today Constitutional fundamental values can compete with each other, giving rise to tensions within and between key state institutions, in particular the executive and the judiciary A 'constitutional balance' between them must be found if the constitution is to function properly Sir John draws on his life-long experience as a barrister, judge and academic, and on case-law and learning, to explain in vibrant and engaging terms how such a 'constitutional balance' might be achieved
UK November 2023 US November 2023 168 pages
• £19 99 / $26 95
PB 9781509974337
Previously published in HB 9781509935451
ePub 9781509935468
ePdf 9781509935475
Hart Publishing
• £36 00 / $49 94
• £36 00 / $49 94
The Constitutional Legitimacy of Law Officers in the United Kingdom
Conor McCormick, Queen’s University, Belfast, UK
This book provides a detailed account of each law officer’s functions and draws on that account as the basis for a broader conceptual analysis of their constitutional legitimacy
The constitutional legitimacy of law officers has been questioned repeatedly in recent years, on account of recurring controversies surrounding the discharge of their varied functions This book argues that the most persuasive framework for analysing the offices which make up this diverse regime involves concentrating on the constitutional values of independence, accountability and trust which underpin it
UK January 2024 • US January 2024 • 336 pages
PB 9781509944156 • £42 99 / $58 95
Previously published in HB 9781509944118
ePub 9781509944125 • £76 50 / $103 94
ePdf 9781509944132 • £76 50 / $103 94
Hart Publishing
The Rule of Law in Brazil
The Legal Construction of Inequality
Juliano Zaiden Benvindo, University of Brasília, Brazil
This book offers a broad perspective of the functioning, evolution, and dynamics of the rule of law in Brazil
In the context of a rising crisis of liberal principles and ‘democratic decay’ in global constitutionalism, the book explores how Brazilian democracy has dealt with the authoritarian mindset which still plays a big role in the fate of the country
It considers whether the democratic achievements and institutional framework that have strengthened over the years are capable of defending the rule of law as an imperative for Brazil’s development, especially in times when the country seems most in need of them
UK January 2024
• US January 2024
PB 9781509961900
• £42 99 / $58 95
Revolutionary Constitutionalism
Law, Legitimacy, Power
• 304 pages
Previously published in HB 9781509934959
ePub 9781509934966 £76 50 / $103 94
ePdf 9781509934973 £76 50 / $103 94
Series: The Rule of Law in Context Hart Publishing
Landmark Cases
Paul Mitchell, University College London, UK
Landmark Cases in Consumer Law
Edited by Jodi Gardner, University of Auckland, New Zealand & Iain Ramsay, University of Kent, UK (Emeritus)
This book analyses the history of the common law foundations of consumer law, and encourages readers to rethink the role that consumer law plays in our society The collection also includes a unique socio-legal perspective, considering the role that consumer law has played in addressing racial discrimination, LGBTQ challenges and the rights of women
The book demonstrates the theoretical and practical significance of consumer law through a wide range of contributions by authors from the United Kingdom, Europe, the United States and Australia
UK December 2023
HB 9781509952298
• US December 2023
• £110 00 / $150 00
ePub 9781509952304
ePdf 9781509952311
• 576 pages
• £99 00 / $134 99
• £99 00 / $134 99
Series: Landmark Cases • Hart Publishing
Edited
by Richard Albert, University of Texas at Austin, USAThis book contains contributions from leading scholars in public law who engage critically with Bruce Ackerman’s path-breaking book Revolutionary Constitutions. The book also features a rebuttal chapter by Ackerman in which he responds directly to the contributions
Some contributors advance Ackerman’s theory, others attack it, and others refine it—but all agree that the ideas in the book reset the terms of debate on important subjects in constitutionalism: from the promise and perils of populism to the causes and consequences of democratic backsliding, from the optimal models of constitutional design to the forms and limits of constitutional amendment, and from the role of courts in politics to how we identify when the mythical “people” have spoken
UK November 2023 • US November 2023 • 432 pages
PB 9781509974245 • £29 99 / $40 95
Previously published in HB 9781509934577
ePub 9781509934584 • £54 00 / $74 24
ePdf 9781509934591 • £54 00 / $74 24
Hart Publishing
Consumer Protection in Asia
Edited by Geraint Howells, Hans-W Micklitz, European University Institute, Italy, Mateja Durovic, City University of Hong Kong & André Janssen, Radboud University, Nijmegen, Netherlands
This seminal work explores consumer law in Asia
In it internationally renowned scholars make comparative surveys of the substantive themes, charting the different approaches adopted to the law within Asia, as well as the influences on the its development and relative levels of consumer protection
It places that development within a broader regional context, with comparisons to similar protections in Africa, Australia, Europe, South America as well as broader global perspectives
UK February 2024 • US February 2024 • 624 pages
PB 9781509957576 • £59 99 / $79 95
Previously published in HB 9781509957538
ePub 9781509957545 £108 00 / $147 14
ePdf 9781509957552 £108 00 / $147 14
Hart Publishing
Landmark Cases in the Law of Punitive Damages
Edited by James Goudkamp, University of Oxford, UK & Eleni Katsampouka, King's College London, UK
Punitive damages are private law’s most controversial remedy This book traces the development of the jurisdiction from the foundational decisions of Huckle v Money and Wilkes v Wood in England, to leading modern cases such as Harris v Digital Pulse Pty Ltd in Australia, Whiten v Pilot Insurance Co in Canada, Couch v AG (No 2) in New Zealand, PH Hydraulics and Engineering Pte Ltd v Airtrust (Hong Kong) Ltd in Singapore and Mathias v Accor Economy Lodging, Inc and State Farm Mutual Automobile Insurance Co v Campbell in the United States
UK
HB
Data Rights and Private Law
Edited by Damian Clifford, Australian National University, Australia, Kwan Ho Lau, Singapore Management University, Singapore & Jeannie Marie Paterson, The University of Melbourne, Australia
This collection moves debates about data beyond data and privacy protecting statutes, asking what private law has to say about these issues and exploring how private law influences the interpretation and the form of legislation dealing with data
Over five parts it: sets out an overview of the themes and problems; explores theoretical justifications and challenges in understanding data; considers data through the perspective of cognate private law doctrines; assesses the contribution of private law in understanding individual rights; and finally examines the potential of private law in providing individual remedies for wrongful data use, supplementing the work of regulators
UK December 2023
• US December 2023 • 336 pages
HB 9781509966028 • £95 00 / $130 00
ePub 9781509966035 • £85 50 / $116 09
ePdf 9781509966042 • £85 50 / $116 09
Series: Hart Studies in Private Law • Hart Publishing
Politics, Policy and Private Law
Tort, Property and Equity
Edited by Jodi Gardner, University of Auckland, New Zealand, Amy Goymour, Janet O'Sullivan & Sarah Worthington, all University of Cambridge, UK
This is a landmark and ambitious research project looking at private law through the policy prism undertaken by a team of acknowledged experts in their fields. This first volume explores tort law, property law and equity, with chapters looking at the Grenfell disaster, compensation of medical injuries post COVID-19, the gig economy and co-ownership The volumes also explore traditional private law areas, such as psychological injury and the impact of fairness and/or equality obligations They highlight the similarities and differences across many aspects of private law, allowing for a richer analysis across all the strands of private law
• US December 2023
UK December 2023
HB 9781509960965 £85 00 / $115 00
ePub 9781509960972 £76 50 / $103 94
ePdf 9781509960989 £76 50 / $103 94
Contract Law
An Introduction to the English Law of Contract for the Civil Lawyer
John Cartwright, University of Oxford, UK
The fourth edition of this acclaimed textbook introduces the lawyer trained in a civil law jurisdiction to the method of reasoning in the common law, and in particular to the English law of contract It is written for the lawyer - whether student or practitioner - from another jurisdiction who already has an understanding of a (different) law of contract, but who wishes to discover the way in which an English lawyer views a contract However, it is also useful for the English law student: setting English contract law generally in the context of other European and international approaches, the book forms an introductory text, not only demonstrating how English contract law works but also giving a glimpse of different ways of thinking about some of the fundamental rules of contract law from a civil law perspective
UK August 2023 US October 2023 448 pages
PB 9781509971800 • £34 99 / $47 95
ePub 9781509971817 • £31 49 / $43 19
ePdf 9781509971824 • £31 49 / $43 19
Hart Publishing
Regulating Boilerplate Resolving the Issues of Imposition and Unfairness in Standard Form Contracts
Marcus Moore, University of British Columbia, Canada
This book analyses what elements of legal regulation would best resolve the longstanding issues of imposition of terms and unfair terms in boilerplate ‘contracts of adhesion’ It adopts a ‘law in context’ methodology to offer solutions
The methodological approach is combined with insights from global regulatory theory and cutting edge solutions such as private collectivised proceedings and remedies, streamlined adjudication, and administrative enforcement systems It looks at models in the US, Canada, the UK, and the EU As the use of boilerplates is set only to increase as privatisation and globalisation spread, the answers provided are much needed
UK March 2024 • US March 2024 • 288 pages
HB 9781509951208 • £85 00 / $115 00
• 320 pages
Series: Hart Studies in Private Law • Hart Publishing
The Scope and Structure of Unjust Enrichment
Duncan Sheehan, University of Leeds, UK
This ambitious book grapples with ongoing debates on the structure of unjust enrichment. It argues that while unjust enrichment has the function of reversing defective enrichments, there is scope for normative pluralism in how the law achieves this Drawing on comparative material from Germany, Scotland and South Africa the book argues for a legal framework which combines elements of the absence of basis and unjust factors approaches It assesses how that structure can be mapped against the causes of action that make up unjust enrichment, and concludes with a treatment of defences
UK February 2024 US February 2024 304 pages
HB 9781509942442 £85 00 / $115 00
ePub 9781509942459 £76 50 / $103
ePub 9781509951215 • £76 50 / $103 94
ePdf 9781509951222 £76 50 / $103 94
Series: International Studies in the Theory of Private Law Hart Publishing
Judicial Reasoning in Tort Law
English and French Traditions Compared
Dorota Leczykiewicz, University of Oxford, UK
This book examines the practice of judicial reasoning in tort law, understood as a process of justification, consisting of both deductive and non-deductive elements, and therefore involving a significant element of choice or discretion. The book divides the elements of judicial reasoning into four conceptual categories: factual assessments, application of legislative and judgemade rules, reliance on reasonableness and policy considerations To discuss these elements in a comparative perspective the book uses the English and French judicial traditions of tort law as case studies By closely examining selected tort judgments from both jurisdictions, the book elucidates the phenomenon of law-making through adjudication in both a non-codified and a codified system of liability It offers a reflection on different approaches that legal systems may adopt to the importance in the process of judicial justification. UK
Male Violence Against Women Law, Ethics, and Policy
Jonathan Herring, University of Oxford, UK
This book provides an overview of male violence against women
Male violence against women is pervasive From the bedroom to the boardroom; from the home to the hospital; from the court to the care home, women are subject to male violence The legal response to this is weak The violence is either invisible or downplayed This book explains why and how the law can do better It claims that the legal response to male violence against women downplays the severity of the harm or even fails to recognise it
UK August 2024 • US August 2024 • 288 pages
HB 9781509965083 • £85 00 / $115 00
ePub 9781509965090 £76 50 / $103 94
ePdf 9781509965106 £76 50 / $103 94 Hart Publishing
Sentencing Rape A Comparative Analysis
Graeme Brown, University of Aberdeen, UK
This book presents an in-depth comparative study of sentencing practice for rape in England and Wales, Scotland, Ireland, Canada, New Zealand, and South Africa
It provides a thorough review of the literature on the physical and psychological effects of rape; the literature on the seriousness of the offence; and the victim’s role in sentencing and examines recent socio-legal research on technology-facilitated sexual violence and considers the implications for sentencing
The book critically analyses judicial approaches to rape sentencing and suggests possible reforms to rape sentencing in ‘non-guideline’ jurisdictions, with the aim of establishing general principles for sentencing rape
Contemporary Challenges to Criminal Justice Liber Amicorum for Ralph Henham
Edited by Paul Behrens, University of Edinburgh, UK
This study provides a critical examination of seminal issues within the main areas of criminal justice: its theoretical framework, transnational, and international criminal law It examines the impact of 'public morality' on sentencing policy, murder and the mandatory life sentence, genocide, and the notion of magnitude and incitement to terrorism Taking an approach that is fully integrated in contemporary criminal justice scholarship, it offers a diverse and expert perspective With a comprehensive introduction and conclusion drawing the various strands together, it provides a rigorous, coherent overview of the key issues in play in contemporary international criminal justice
UK December 2023 • US December 2023 • 512 pages
HB 9781509948628 • £100 00 / $135 00
ePub 9781509948635 • £90 00 / $122 84
ePdf 9781509948642 £90 00 / $122 84
Series: Studies in International and Comparative Criminal Law Hart Publishing
The Aarhus Convention Coming of Age?
Edited by Gregory Jones KC, Francis Taylor Building, UK & Aine Ryall, University College Cork, Ireland
21 years since its adoption, this edited collection reflects on the Convention’s impact across a number of key themes It explores the Convention’s role in the legal and political order; its jurisdictional impact; the role of the Compliance Committee; Aarhus and the European Union; Aarhus and Brexit It also looks at the Convention’s national impact, charting its application in practice in England and Wales, Scotland, Northern Ireland and Ireland It addresses procedural issues such as standing, costs and remedies Addressing questions of origins and scope to policy and practice, all environmental lawyers will find this collection invaluable
UK October 2023 US October 2023 448 pages
HB 9781509946518 £110 00 / $150 00
ePub 9781509946525 £99 00 / $134 99
ePdf 9781509946532 • £99 00 / $134 99
Hart Publishing
An Environmental Court in Action Function, Doctrine and Process
Edited by Elizabeth Fisher, University of Oxford, UK & Brian Preston, Land and Environmental
Court of New South Wales, Australia
Effective adjudication has become a key consideration for environmental lawyers One of the most important questions is whether environmental law frameworks need their own courts Here, a pioneer of such a court, the New South Wales Land and Environmental Court (NSWLEC) is forensically examined to see what it might teach other similar courts Showing a court ‘in action’, it suggests models that practitioners and policy makers might follow It also speaks to the environmental law scholars, setting out a conceptual framework for studying these courts as legal institutions This multi-faceted collection is invaluable to scholars and practitioners alike
UK March 2024
• US March 2024
PB 9781509961245
• 360 pages
• £41 99 / $57 95
Previously published in HB 9781509941032
ePub 9781509941049
ePdf 9781509941056
Hart Publishing
• £76 50 / $103 94
• £76 50 / $103 94
The Practical Guide to EU Law Litigation before National Courts
Zsófia Varga, European Parliament, Luxembourg
This book provides practical and comprehensive guidance for national practising lawyers on the application of EU/EEA law before national courts It describes the essential rules regarding the application of EU/EEA law before national judicial instances and structures them systematically, to enable national judges and litigation attorneys to comprehend the main standards
The book is divided into 6 chapters, each dealing with a specific topic For pragmatic purposes, the structure of the chapters is uniform and each chapter can be read individually The book’s unique practical focus makes a great addition to any national lawyer’s and EU law expert’s library
UK March 2024
• US May 2024
• 592 pages
HB 9781509964895 £250 00 / $340 00
ePub 9781509964901 £225 00 / $305 09
ePdf 9781509964918
Hart Publishing
• £225 00 / $305 09
Modern Studies in European Law
Free Movement Rights for Atypical Workers
Alice Welsh, York Law School, UK
This book challenges the existing focus in EU citizenship scholarship which looks only at the economically active Arguing that the deliberately vague EU concept of ‘work’ allows for its restricted application in Member States, it shows how many workers and economic contributors are left out of the free movement regime Relying on both qualitative case studies and legal analysis of both EU and UK legislation, case law, and decision maker guidance, it argues that, if EU free movement rights are awarded on the basis of market credentials, more must be done to ensure a contemporary, accurate and inclusive market citizenship
UK May 2024 • US May 2024
• 272 pages
HB 9781509966608 • £85 00 / $115 00
ePub 9781509966615 £76 50 / $103 94
ePdf 9781509966622 £76 50 / $103 94
Series: Modern Studies in European Law Hart Publishing
The Evolving Governance of EU Competition Law in a Time of Disruptions
A Constitutional Perspective
Edited by Carlo
Maria Colombo&
MariolinaEliantonio, Maastricht University, the Netherlands & Kathryn Wright, University of York, UK
This book analyses the complex trends and transformations emerging in EU competition law in the current turbulent times.
Economic crises, the climate emergency, digitalisation, and geopolitical and democratic threats all have societal and economic effects on the EU. This brings about significant governance and constitutional challenges by questioning how the governance of EU competition law is being transformed to respond and adapt
The essays in this collection focus on the substantive and procedural developments across the three main policy areas of EU competition law: antitrust, merger control and State aid
UK February 2024 • US February 2024 • 416 pages
PB 9781509951833 • £41 99 / $57 95 • HB 9781509951796 • £85 00 / $115 00
ePub 9781509951802 • £76 50 / $103 94
ePdf 9781509951819 • £76 50 / $103 94
Series: Modern Studies in European Law Hart Publishing
The EU as a Global Digital Actor Institutionalising Global Data Protection, Trade, and Cybersecurity
Elaine Fahey, City Law School, City, University of London, UK
This book examines EU global data flows and digital trade through the framework of European institutionalisation Drawing on case studies of EU-US, EU-Japan and EU-China relations it charts the theoretical and empirical approaches at play The book marks a major shift in how institutionalisation and the EU should be viewed as it relates to 2 of the more extraordinary areas of global governance: trade and data flows. This significant book will be of interest to EU constitutional lawyers, as well as those researching in the field of IT and data law.
UK March 2024 US March 2024 264 pages
PB 9781509957088 £41 99 / $57 95
Previously published in HB 9781509957040
ePub 9781509957057 • £76 50 / $103 94
ePdf 9781509957064 • £76 50 / $103 94
Series: Modern Studies in European Law
• Hart Publishing
Migrant Rights and the European Integrated Border Management
At the Frontiers of International Responsibility
Giulia Raimondo, University of Luxembourg
European international border management (EIBM) is at the coal face of effective implementation of the Union’s refugee policy yet it is arguably under-examined This important new work addresses that gap by examining the European Border and Coast Guard Agency (Frontex), which coordinates and supervises the action of various actors involved in the EIBM With impressive analysis, it clearly illustrates how the development of Frontex has resulted in tensions between territory and public power It charts cooperative challenges faced, and the human rights obligations that such cooperation gives rise to
UK March 2024
• US March 2024
• 400 pages
HB 9781509964543 • £90 00 / $120 00
ePub 9781509964550 • £81 00 / $110 69
ePdf 9781509964567 • £81 00 / $110 69
Series: Modern Studies in European Law • Hart Publishing
Nordic Cooperation and the European Union 50 Years of Legal Integration
Edited by Graham Butler, University of Southern Denmark & Helle Krunke, University of Copenhagen, Denmark
This collection explores the cooperation between the European Union and the Nordic states
It tracks its evolution from informal arrangements to highly legalised arrangements Drawing on expert contributions, it gives a full understanding and elucidation of the impact of the interplay of these legal regimes and cultures Each chapter takes a comparative Nordic perspective, combining it with the EU legal perspective Drawing on both academic and practitioner perspectives, this important work offers fascinating insights into this unique relationship
UK January 2024 • US January 2024 • 416 pages
HB 9781509965700 • £95 00 / $130 00
ePub 9781509965717 • £85 50 / $116 09
ePdf 9781509965724 • £85 50 / $116 09
Series: Modern Studies in European Law Hart Publishing
Parliamentarism and Encyclopaedism
Parliamentary Democracy in an Age of Fragmentation
Giovanni Rizzoni, LUISS University of Rome, Italy This book explores a specific aspect of modern parliamentarism: its ability to produce and organise political knowledge.
The book argues that the very meaning of modern parliamentarism cannot properly be understood without considering the cognitive value which is inherent in the representative function discharged by parliaments, vis-a-vis the political community It does so by studying the ‘encyclopaedic patterns’ underlying modern parliamentarism Exploring the concept from ancient times to modernity, it addresses the fundamental question of the relationship between knowledge and democratic decision-making
UK February 2024 • US February 2024 • 240 pages
HB 9781509963911 • £90 00 / $120 00
ePub 9781509963928 • £81 00 / $110 69
ePdf 9781509963935
• £81 00 / $110 69
Series: Parliamentary Democracy in Europe • Hart Publishing
Building Bridges in European and Human Rights Law Essays in Honour and Memory of Paul Heim
CMG Edited by Michael-James Clifton, EFTA Court, Luxembourg, Suzanne Rab, Serle Court Chambers, UK & David Scorey KC, Essex Court, UKThis unique book, formed as a series of essays, focusses on the building of bridges between individuals and institutions in European and human rights law Drawing on the contributions of international judges, leading practitioners, and officials, the collection provides personal reflections and expertise on selected aspects of European and human rights law In so doing, it provides multi-level perspectives on the Court of Justice of the European Union, the EFTA Court, the European Court of Human Rights, and the International Criminal Court, and the interaction of their jurisprudence with domestic law
UK February 2024 US February 2024 336 pages
HB 9781509952588 £85 00 / $115 00
ePub 9781509952595 • £76 50 / $103 94
ePdf 9781509952601 • £76 50 / $103 94
Hart Publishing
National Constitutions and EU Integration
Edited by Stefan Griller, University of Salzburg, Austria, Lina Papadopoulou, Aristotle University of Thessaloniki, Greece & Roman Puff, Salzburg Centre of European Union Studies, Austria
Do individual constitutions, and the legal cultures underlying them, pose an obstacle to future EU integration?
This ambitious collection brings together reports from all the European Member States, systematically setting out their individual constitutional guarantees In doing so, it tracks possible roadblocks to the future evolution of European integration Written by recognised authorities in each Member State, it offers an authoritative and rigorous overview of the European Union's constitutional landscape Its single-structure approach allows for comparison while maintaining consistency It will become the standard reference work for academics, students and practitioners in the field of European Union law and integration
UK February 2024
PB 9781509942626
EU Trade Mark Regulation
Article-by-Article Commentary
Edited by Ulrich Hildebrandt, Hildebrandt Legal, Germany & Olaf Sosnitza, University of Würzburg, GermanyThis book provides a comprehensive guide to the EU Trade Mark Regulation (EUTMR).
The book comments in detail on all provisions of the EUTMR, taking into account the case law of the European Court of Justice and domestic courts as EU Trade Mark courts It then goes on to look at the decisions of the General Court, the Boards of Appeal and the first instance practice of the EUIPO
UK September 2023 • US October 2023 • 1408 pages
HB 9781509972937 • £400 00 / $545 00
Beck/Hart
World English (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland)
Sovereignty, Technology and Governance after COVID-19 Legal Challenges in a Post-Pandemic Europe
Edited by Francisco de Abreu Duarte, European University Institute, Florence, Italy & Francesca Palmiotto Ettorre, European University Institute, Italy
This book imagines how Europe might re-organise and re-group after the COVID crisis by assessing its effectiveness when responding to it It focuses on: i) sovereignty challenges; ii) technological challenges and iii) governance challenges The book shows how these challenges intersect by examining the relationship between public and private power, and illustrating how the rise of technocratic authority is connected to the choice of technological solutions It illustrates how constitutional decisions taken during states of emergency give rise to private governance challenges related to cybersecurity and data protection by experts in the fields of EU governance, data protection, and technology
UK March 2024 • US March 2024 • 264 pages
PB 9781509956029 • £41 99 / $57 95
Previously published in HB 9781509955985
ePub 9781509955992 • £76 50 / $103 94
• US February 2024
• £74 99 / $100 00
• 864 pages
Previously published in HB 9781509906765
ePub 9781509906758 • £135 00 / $183 59
ePdf 9781509906741 • £135 00 / $183 59
Hart Publishing
The Treatment of Immigrants in the European Court of Human Rights
Moving Beyond Criminalisation
Amanda Spalding, University of Leeds, UK
As immigration in Europe has increased, so has its criminalisation This is a multi-faceted phenomenon, with criminal justice and harsh use of immigration measures becoming more and more entwined This book asks: how has the European Court of Human Rights responded? Drawing on case law from across the spectrum of rights, it explores how effective it has been in countering detention and deportation, if at all This makes an original contribution to the growing focus on ‘crimmigration’
UK January 2024 • US January 2024
PB 9781509947447
• £39 99 / $54 95
• 232 pages
Previously published in HB 9781509947409
ePub 9781509947416
ePdf 9781509947423
Hart Publishing
• £72 00 / $98 54
• £72 00 / $98 54
ePdf 9781509956005 • £76 50 / $103 94
Hart Publishing
Autonomy, Care and Family Law
Anna Heenan, University of Cambridge, UK
This book combines doctrinal, theoretical and original empirical data to consider different approaches to balancing paid work and caretaking
The book considers how, given changing social trends, family law and policy should take account of caretaking responsibilities on parental separation Crucially, it suggests that we need to rethink family law and policy by reference to a principle of care
UK December 2023 • US December 2023 • 224 pages
HB 9781509959334 £85 00 / $115 00
ePub 9781509959341 £76 50 / $103 94
ePdf 9781509959358 • £76 50 / $103 94
Hart Publishing
What Is a Family Justice System For?
Edited by Mavis Maclean, University of Oxford, UK, Rachel Treloar, Keele University, UK & Bregje Dijksterhuis, Utrecht University, the NetherlandsThis book explores the role of the family justice system and asks whether it has a function beyond decision-making in dispute resolution It is divided into 4 parts:
- Part 1 asks what constitutes a family justice system in different jurisdictions, and how a welfare element is included in the legal framework
- Part 2 looks at those engaged with a family justice system as professionals and users
- Part 3 evaluates new ways of working within a family justice system
- Part 4 explores recent major changes of direction for the family justice systems of Australia, Argentina, and Germany
UK February 2024 • US February 2024 • 288 pages
PB 9781509951017 • £42 99 / $58 95
Previously published in HB 9781509950973
ePub 9781509950980 • £76 50 / $103 94
ePdf 9781509950997 • £76 50 / $103 94
Series: Oñati International Series in Law and Society • Hart Publishing
Citizenship and Human Rights
From Exclusive and Universal to Global Rights: A New Framework
Christian Kälin, Henley & Partners, UK
Can universal human rights and different national citizenship regimes be compatible? This book argues that they can’t It explores whether the emergence of postnational models of citizenship that aim at decoupling human rights and citizenship succeed in overcoming tensions between the universal (multiculturalism; universal human rights; postnational values) and the particular (citizenship; borders; national values and diverse local narratives)
The author argues that it is illegitimate to speak of universal human rights, universal human dignity, or universal social justice It is only by recognising this reality that transformation of human rights and citizenship can be meaningfully undertaken
UK January 2024 US January 2024 384 pages
HB 9781509950249 • £90 00 / $120 00
ePub 9781509950256 • £81 00 / $110 69
ePdf 9781509950263 • £81 00 / $110 69
Hart Publishing
Quiet Revolutionaries
The Married Women's Association and Family Law
Sharon Thompson, Cardiff University, UK
This book provides a unique analysis of how our current law has been shaped by feminist activism, exploring the attempts of the Married Women's Association (MWA) to achieve economic and legal equality between spouses
It focuses on the MWA’s defeats as well as its successes, placing particular emphasis on the Association’s failed Bills It demonstrates how and why law is reformed, and the limitations of law in achieving gender equality This in turn provides vital insight into processes of family law reform and into questions about marriage and divorce that are proving newsworthy and provocative today
UK March 2024 • US March 2024 • 280 pages
PB 9781509962532 • £42 99 / $58 95
Previously published in HB 9781509929412
ePub 9781509929429 £76 50 / $103 94
ePdf 9781509929436 £76 50 / $103 94
Hart Publishing
Islam, Religious Liberty and Constitutionalism in Europe
Edited by Mark Hill KC, Cardiff University, UK & Lina Papadopoulou, Aristotle University of Thessaloniki, Greece
This edited collection examines the challenges, both apparent and real, faced by Muslim practice and Islamic belief within the legal and political framework of Europe
The volume’s contributors range from academics at leading universities to former judges and politicians Its twenty chapters focus on constitutional challenges, human rights with a focus on religious freedom, and securitisation and Islamophobia, while adopting supranational and comparative approaches
This book will appeal not merely to law students in the United Kingdom and the European Union, but to anyone involved in diplomacy and international relations, including political scientists, lobbyists, and members of NGOs
UK January 2024 US January 2024 352 pages
HB 9781509966950 £95 00 / $130 00
ePub 9781509966967 • £85 50 / $116 09
ePdf 9781509966974 • £85 50 / $116 09
Hart Publishing
The Ethics and Conduct of Lawyers in England and Wales
Andrew Boon, City, University of London, UK
The fourth edition of this respected textbook examines the regulation and conduct of lawyers in England and Wales and addresses new developments in the field, including those in international practice, sexual misconduct and environmental issues Focusing on the practice of, and interrelationship between, solicitors and barristers, it provides background to current arrangements while exploring contemporary rules of conduct, systems of regulation, and controversies
The four main parts cover client duties, wider obligations, key contexts, and regulation The approach throughout is socio-legal While the essential law is described, relevant social science research informs consideration of issues and debates
UK November 2023
PB 9781509971763
• US January 2024
• £44 99 / $60 95
ePub 9781509971770
ePdf 9781509971787
Hart Publishing
• 432 pages
• HB 9781509971848
• £40 49 / $55 34
• £40 49 / $55 34
• £90 00 / $120 00
Habitual Ethics?
Sylvie Delacroix, University of Birmingham, UK
This open access book develops an in-depth account of habit in order to understand its impact upon the way moral decisions are made in a professional context It calls for renewed attention to be paid to habits and their relationship to ethical agency Mostly neglected in moral and legal theory, such an inquiry is essential if we are to come to grips with the challenges raised by the profession's growing reliance upon automated systems
The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Mozilla Foundation.
UK February 2024
PB 9781509961894
• US February 2024
• £42 99 / $58 95
• 208 pages
Previously published in HB 9781509920419
ePub 9781509920426
• £0 00 / $0 00
ePdf 9781509920433 £0 00 / $0 00
Hart Publishing
Unified Patent Court Procedure A Commentary
Christof Augenstein, Preu Bohlig & Partner, Sabine Agé, Véron VA & Associés & Alex Wilson, Powell Gilbert
This commentary is focused on the procedure of the Unified Patent Court, and covers infringement and defences; proceedings and the UPC; the statutes of the UPCC; financial provisions and general provisions. It also explores languages of proceedings; proceedings before the Court; powers of the Court; appeals; decisions, implementation and operation of agreement All patent lawyers will welcome this magisterial commentary
UK March 2024 • US April 2024 • 1000 pages
HB 9781849464932 • £300 00 / $410 00
Beck/Hart
World English (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland)
Fragmentation and the European Patent System
Karen Walsh, Maynooth University, Ireland
The European patent system (EPS) is undoubtedly fragmented, which is generally seen as a negative aspect of the system that needs to be removed This book questions that viewpoint and takes the unique perspective that fragmentation is in fact inherent in the EPS and can, in certain circumstances, be a positive feature
The book proposes a theoretical analysis of fragmentation as a feature of supranational law-making and legal systems It draws on jurisprudence from international law, in which fragmentation is inherent, and uses that analysis to propose alternative methods of harmonising the EPS, while ensuring national diversity
UK February 2024 • US February 2024 • 256 pages
PB 9781509961436 • £42 99 / $58 95
Previously published in HB 9781509939312
ePub 9781509939329 • £76 50 / $103 94
ePdf 9781509939336 • £76 50 / $103 94
Hart Publishing
Intellectual Property Excesses Exploring the Boundaries of IP Protection
Edited by Enrico Bonadio, City, University of London, UK & Aislinn O’Connell, Royal Holloway, University of London, UK
This book highlights the sometimes absurd outcomes which an unjustified overprotection of intellectual property (IP) may lead to It collects and comments on a series of IP disputes which have taken the notion of IP protection to extremes
The aim of the book is to criticise these excesses because they contribute to creating an environment where more and more people are led to ‘hate’ IP This is not a book against IP, it is instead a call for change and an attempt to ‘save’ IP from continuing to be an easy target for criticism
UK January 2024 • US January 2024
PB 9781509944927
• £44 99 / $60 95
• 448 pages
Previously published in HB 9781509944880
ePub 9781509944897 £81 00 / $110 69
ePdf 9781509944903 £81 00 / $110 69
Hart Publishing
New Data Governance Act
A Practitioner's Guide
Edited by Kristina Schreiber, Loschelder Rechtsanwälte, Germany, Patrick Pommerening, Loschelder Rechtsanwälte, Germany & Philipp Schoel
This guide serves as the first point of reference for all those who have to comply with or apply the Data Governance Act (‘DGA’).
Tightly structured within a clear framework it provides an overall view of the DGA as well as offering more detailed information on the individual articles It goes further, addressing pressing follow up questions such as legal protection This will be invaluable to companies, public authorities, and consultants as well as courts and research institutions coming to grips with the DGA
• US October 2023
UK August 2023
HB 9781509969968
Nomos/Hart
Space Law
Edited by Stephan Hobe, University of Köln, Germany
The second edition of this comprehensive handbook describes the legal grounds for human activities in outer space and on celestial bodies, including recent developments such as:
-Space travel by private companies
-NASA's Artemis programme
-Concrete considerations for colonising the moon and Mars
-Resource mining on celestial bodies
-Traffic rules for space
UK July 2023
• US September 2023 • 320 pages
HB 9781509972586 • £250 00 / $340 00
Nomos/Hart World English (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland)
New Digital Services Act
A Practitioner's Guide
Edited by Torsten Kraul, Noerr PartGmbB, Germany
This book provides clarity, both for companies offering online services and for users of digital services, on the New Digital Services Act.
The new Act includes obligations for providers of digital services in order to ensure that activities that are illegal offline are also prohibited online
The book takes a comprehensive look at:
- Which providers are affected under which conditions
- Which obligations they must comply with
- Which innovations apply to liability on the internet and
• 224 pages
• £140 00 / $190 00
World English (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland)
- What are the consequences of breaches of law
UK November 2023
US December 2023 240 pages
HB 9781509969982 £140 00 / $190 00
Nomos/Hart
World English (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland)
Data Protection and Privacy, Volume 11
The Internet of Bodies
Edited by Ronald Leenes, Tilburg University, the Netherlands, Rosamunde van Brakel, Serge Gutwirth & Paul De Hert, all Vrije Universiteit Brussel, BelgiumThis volume brings together papers that offer conceptual analyses, highlight issues, propose solutions, and discuss practices regarding privacy and data protection
The book explores the following topics: biometrics and data protection in criminal justice processing; privacy, discrimination and platforms for men who have sex with men; mitigation through data protection instruments of unfair inequalities as a result of machine learning; privacy and human-robot interaction in robotized healthcare; privacy-by-design; personal data protection of deceased data subjects; large-scale face databases and the GDPR; the new Europol regulation, rethinking trust in the Internet of Things; fines under the GDPR; data analytics and the GDPR; and the essence of the right to the protection of personal data
UK November 2023 • US November 2023 • 344 pages
PB 9781509974290 • £31 99 / $42 95
Previously published in HB 9781509926206
ePub 9781509926220 £58 50 / $79 64
ePdf 9781509926213 £58 50 / $79 64
Series: Computers, Privacy and Data Protection • Hart Publishing
Applying International and European Anti-Discrimination Law to the Housing Context
Juan Carlos Benito Sanchez, UCLouvain, Belgium
This is the first study of anti-discrimination law as it applies to housing law in Europe Legislative discussion looks at EU law, the European Convention on Human Rights, the European Social Charter and related case law The book goes further to examine United Nations human rights instruments and related practice of UN committees This unique focus allows for a fuller understanding of anti-discrimination law’s implications, potential, and challenges
UK August 2023
• US October 2023
• 304 pages
HB 9781509971374 • £120 00 / $160 00
ePub 9781509975280 • £108 00 / $147 14
ePdf 9781509975297 • £108 00 / $147 14
Editions Pedone/Hart
World All Languages (except French)
Re-Inventing Labour Law Enforcement
A Socio-Legal Analysis
Louise Munkholm, University of Southern Denmark
The monograph investigates labour law enforcement from a socio-legal perspective It analyses how local Italian enforcement actors promote the protection of workers in Prato – a city that has seen a significant influx of Chinese migrants who run small workshops as part of the local clothing industry Many of the Chinese firms fail to live up to core labour standards, such as maximum working hours, safety and health at work and payment of social security contributions Based on interviews, observations and document material, the book analyses the strategies and practices employed by three types of local enforcement actors (inspectors, unionists and consultants) in their efforts to assist Chinese firms in improving their level of labour law compliance
• US November 2023
UK November 2023
PB 9781509974306
• £39 99 / $54 95
Previously published in HB 9781509926374
ePub 9781509926381 £72 00 / $98 54
ePdf 9781509926398 £72 00 / $98 54
Hart Publishing
The EU Directive on Adequate Minimum Wages Context, Commentary and Trajectories
Edited by Luca Ratti, University of Luxembourg, Elisabeth Brameshuber, University of Vienna, Austria & Vincenzo Pietrogiovanni, Lund University, Sweden
This book analyses the EU regulatory framework deriving from the enactment of Directive 2022/2041 on adequate minimum wages
In the first part, the book discusses the function of minimum wage policies in contemporary labour markets and the role of social partners and collective bargaining in governing minimum wage determinants and trends The second part provides an article-byarticle commentary of the Directive The third part assesses the main systemic implications of the Directive on Member States
UK March 2024 US May 2024 704 pages
HB 9781509968725 • £150 00 / $200 00
ePub 9781509968732 • £135 00 / $183 59
ePdf 9781509968749 • £135 00 / $183 59
Hart Publishing
Effective Enforcement of EU Labour Law
Edited by Zane Rasnaca, European Trade Union Institute, Belgium, Aristea Koukiadaki, University of Manchester, UK, Niklas Bruun, Hanken School of Economics, Finland & Klaus Lörcher, Former Legal Adviser to the European Trade Union Confederation, Belgium
This book by the ETUI Transnational Trade Union Rights Expert Network analyses enforcement as a key element making EU labour law effective or ineffective
The book takes a threefold approach by exploring the idea of effective enforcement and the classic types of enforcement from the perspective of EU labour law It then analyses how enforcement operates in particular contexts, including non-discrimination, health and safety, information and consultation rights, and the rights of migrating workers, before finally turning to specific actors (whistleblowers, the European Labour Authority) and settings (public procurement, economic and monetary policy)
UK January 2024 • US February 2024 • 672 pages
PB 9781509944453 • £59 99 / $79 95
Previously published in HB 9781509944415
ePub 9781509944422 • £108 00 / $147 14
ePdf 9781509944439 • £108 00 / $147 14
Hart Publishing
Global Perspectives on Press Regulation, Volume 2
Asia, Africa, the Americas and Oceania
Edited by Paul Wragg, University of Leeds, UK & András Koltay, University of Public Service, Hungary
In this ground-breaking two-volume set, worldleading experts produce a rich, authoritative depiction of the world’s press, its freedom, and its limits The contributions in Volume 1 look at key jurisdictions in Europe; whereas Volume 2 goes beyond Europe to analyse the situation in key jurisdictions in Asia, Africa, the Americas and Oceania Each volume can be used independently or as part of the complete set
This work will be incredibly valuable to policy makers and academics
• 208 pages
UK February 2024 US February 2024 416 pages
• £90 00 / $120 00
HB 9781509950393
ePub 9781509950409
ePdf 9781509950416
Hart Publishing
• £81 00 / $110 69
• £81 00 / $110 69
Liberal Democracy, Law and the Citizen Speaker Regulating Online Speech
Ian Cram, University of Leeds, UK
This book delivers an original analysis of the legal regulation of online speech and defends a participatory account of speech in non-deliberative settings The legal and policy implications for governments and social media platforms of this inclusive envisioning of public discourse are then elaborated upon Speech on public platforms has become democratised At the same time, concerns exist about disinformation The downsides of democratised speech are said to undermine the integrity of democratic processes and institutions
UK February 2024 • US February 2024 • 288 pages
PB 9781509945863 • £42 99 / $58 95
Previously published in HB 9781509945825
ePub 9781509945832 • £76 50 / $103 94
ePdf 9781509945849 £76 50 / $103 94
Hart Publishing
Studies in International Law
Marine Bioprospecting, Biodiversity and Novel Uses of Ocean Resources
New Approaches in International Law
Edited by David Langlet, University of Uppsala, Sweden & Niels Krabbe, University of Gothenburg, SwedenThis open access book explores how developments in marine biodiversity and other resources challenge the foundations of the law of the sea and its domestic implementation It does this by examining different perspectives and case studies The contributors also examine international environmental law, intellectual property rights, and contract law The team of experts broaden the scholarly debate on marine genetic resources and provide a timely reflection on ongoing policy developments
The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the University of Gothenburg, Department of Law.
UK March 2024 US March 2024 352 pages
HB 9781509968275 £85 00 / $115 00
ePub 9781509968282 £0 00 / $0 00
ePdf 9781509968299 • £0 00 / $0 00
Series: Studies in International Law • Hart Publishing
International Agreements between Non-State Actors as a Source of International Law
Melissa Loja, National University of Singapore, Singapore
This book adopts postmodern legal positivism, departing from the more usual state-centric analysis, to explore whether agreements with non state actors can be considered sources of law It acknowledges that international law-making takes place in subjective social landscapes It moves beyond a conceptual discussion, and looks at the question in an applied context, taking as its case study petroleum agreements allowing two or more states to exploit disputed resources across boundaries
UK March 2024
• US March 2024
PB 9781509951147
Islands and International Law
Donald R Rothwell, Australian National University, Australia
Islands and their status in international law have become one of the more contentious issues in public international law However, despite this, there is no rigorous book-length study on the question. This book fills that gap. Written by one of the world’s leading public international lawyers, it offers an authoritative overview of how public international law operates in relation to islands Key issues such as sovereignty, territorial rights, and governance are explored in depth This will become a classic text in the field of international law.
UK January 2024 • US January 2024 • 328 pages
PB 9781509955466 • £41 99 / $57 95
Previously published in HB 9781509955428
ePub 9781509955435 • £76 50 / $103 94
ePdf 9781509955442 • £76 50 / $103 94 Hart Publishing
Territorial Status in International Law
Jure Vidmar, Maastricht University, the Netherlands
This book develops a new theory of territorialism and international legal status of territories It (i) defines the concept of territory, explaining how territories are created; (ii) redefines the concept of statehood, illustrating that statehood (rather than the statehood criteria) is territorial legal status established in the formal sources of international law; and (iii) grounds non-state territorial entities in the sources of international law to explain their international legal status This fresh new theoretical perspective has both scholarly and practical importance, providing a tool helping decision-makers and judges in the practical application of international law
UK January 2024 • US January 2024 • 288 pages
HB 9781509959488 £85 00 / $115 00
ePub 9781509959495 £76 50 / $103 94
ePdf 9781509959501 £76 50 / $103 94
Series: Studies in International Law • Hart Publishing
State Responsibility for NonState Actors
Past, Present and Prospects for the Future
Richard Mackenzie-Gray Scott, University of Oxford, UK
This book investigates how state responsibility is determined for the wrongdoing of non-state actors People, businesses and societies pay a price for interactions between states and non-state actors From insurrections that attempt to create new governments, to states arming belligerent proxies, to companies damaging natural environments or providing suspect services, their impact are felt in numerous ways They also give rise to many questions relating to responsibility In answering these, this book provides a picture of what the law governing this area is, what it could be, and what it should be in light of the past, present, and future
• 240 pages
• £41 99 / $57 95
Previously published in HB 9781509951109
ePub 9781509951116
ePdf 9781509951123
• £76 50 / $103 94
• £76 50 / $103 94
Series: Studies in International Law
• Hart Publishing
UK March 2024 • US March 2024 • 304 pages
PB 9781509951635 • £41 99 / $57 95
Previously published in HB 9781509951543
ePub 9781509951550 • £76 50 / $103 94
ePdf 9781509951567 £76 50 / $103 94
Series: Studies in International Law Hart Publishing
European Private International Law Commercial Litigation in the EU
Geert van Calster, KU Leuven, Belgium
This classic textbook provides a thorough overview of European private international law It is essential reading for both practitioners and students of private international law and transnational litigation, wherever they may be located: the European rules extend beyond European shores Opening with foundational questions, the book clearly explains the subject’s central tenets: the Brussels I, Rome I and Rome II Regulations (jurisdiction, applicable law for contracts and tort) Drawing on the author’s rich experience, the new edition retains the book’s hallmarks of insight and clarity of expression ensuring it maintains its position as the leading textbook in the field.
From Theory to Practice in Private International Law
Gedächtnisschrift for Professor Jonathan Fitchen
Edited by Justin Borg-Barthet, Katarina Trimmings,
Burcu Yüksel Ripley & Patricia Živkovic, all University of Aberdeen, UKThis book is compiled in honour of the work and life of Professor Jonathan Fitchen The chapters provide consideration of contemporary developments in the discipline, from analyses of the evolving nature of private international law to problems across issues such as migration, environmental protection, genderbased discrimination, the proper delineation of public and private intervention, cryptocurrencies, the treatment of foreign judgments in major economies, and the post-Brexit evolution of private international law, as well as definitional concerns in family law.
UK January 2024 US March 2024 464 pages
HB 9781509956647 • £90 00 / $120 00
ePub 9781509956654 • £81 00 / $110 69
ePdf 9781509956661 • £81 00 / $110 69
Hart Publishing
Studies in Private International Law - Asia
Anselmo Reyes, Doshisha University, Japan & Paul Beaumont, University of Stirling, UK
Private International Law in East Asia
From Imitation to Innovation and Exportation
Edited by Olivier Gaillard & Krista Nadakavukaren Schefer, Swiss Institute ofComparative Law, Switzerland
This open access book examines the conflict of law rules in East Asian states Parts one and two give a contextual overview of the legal regimes of China, Japan, and South Korea Part three offers a detailed look at the conflict rules relevant to commercial law, while Part four examines the rules applying to family law and succession law
The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com
UK February 2024 • US February 2024 • 272 pages
HB 9781509970100 • £85 00 / $115 00
ePub 9781509970117 • £0 00 / $0 00
ePdf 9781509970124 £0 00 / $0 00
Series: Studies in Private International Law - Asia Hart Publishing
Modern Studies in Property Law
Hong Kong Private International Law
Wilson Lui, University of Hong Kong & Anselmo Reyes, Doshisha University, Japan
This book is a one-stop reference guide to Hong Kong private international law It focuses on practical issues with an emphasis on the choice of law, arbitration, and rapidly developing local jurisprudence It systematically analyses the private international law issues arising out of inter-regional cases between Hong Kong and Mainland China, Taiwan, and Macao SAR The book will be indispensable to judges, practitioners and scholars in Hong Kong and worldwide
UK February 2024 US April 2024 480 pages
HB 9781509956470 £160 00 / $220 00
ePub 9781509956487 • £144 00 / $195 74
ePdf 9781509956494 • £144 00 / $195 74
Series: Studies in Private International Law - Asia • Hart Publishing World All Languages (except Chinese)
Ben McFarlane, University of Oxford, UK & Sinéad Agnew, University of Cambridge, UK
Modern Studies in Property Law, Volume 10
Edited by Ben McFarlane, University of Oxford, UK & Sinéad Agnew, University of Cambridge, UK
This book contains a collection of papers presented at the Twelfth Biennial Modern Studies in Property Law Conference held at University College London in April 2018 Collectively, the chapters demonstrate the vibrancy, diversity and importance of property law and of current research in the subject
• US November 2023
UK November 2023
PB 9781509974238
• £54 99 / $74 95
Previously published in HB 9781509921379
ePub 9781509921386
• £126 00 / $171 44
ePdf 9781509921393 £126 00 / $171 44
• 464 pages
Series: Modern Studies in Property Law Hart Publishing
Modern Studies in Property Law, Volume 11
Edited by Sue Farran, Newcastle University, UK, Russell Hewitson & Adam Ramshaw, Northumbria University, UK
This book considers the contemporary challenges faced by property law
It considers comparative perspectives, Taking and alienating property, Modern dilemmas; Old chestnuts – new challenges, and Wills, death and other morbid topics, with chapters on English succession law and the role of knowledge and approval in retrospective assessments of capacity
UK December 2023 • US December 2023
PB 9781509974344
• £59 99 / $79 95
• 368 pages
Previously published in HB 9781509939275
ePub 9781509939282
ePdf 9781509939299
• £108 00 / $147 14
• £108 00 / $147 14
Series: Modern Studies in Property Law • Hart Publishing
Women, Their Lives, and the Law
Essays
in Honour of Rosemary Auchmuty
Edited by Victoria Barnes, Brunel University, UK, Nora Honkala, University of Reading, UK & Sally Wheeler, Australian National University, AustraliaThis collection of essays honours Rosemary Auchmuty, Professor of Law at the University of Reading, UK She has fostered the study of women’s academic careers and, more politically, advanced progress on gender and equality issues including samesex marriage and property law Her research promotes the case of feminist legal history as a way of revealing the place of women and challenging dominant historical narratives that cast them aside The chapters, and the collection as a whole, examine areas of law that have a deep significance for women’s lives.
UK December 2023 • US December 2023 • 352 pages
HB 9781509962082 • £90 00 / $120 00
ePub 9781509962099 • £81 00 / $110 69
ePdf 9781509962105 • £81 00 / $110 69
Hart Publishing
Cyberbullying and Sexting Regulatory Challenges in the Digital Age
Elizabeth Agnew, Queen’s University Belfast, UK
Drawing on empirical research and influential theoretical frameworks, this book provides a critical overview of the key regulatory issues concerning cyberbullying and sexting behaviours among young people The author draws out a range of definitional and regulatory tensions associated with the peer-based behaviours by providing an in-depth analysis of the legislative frameworks and policies used to govern cyberbullying and sexting, both within the UK and internationally
UK February 2024 • US February 2024 • 240 pages
HB 9781509951345 • £85 00 / $115 00
ePub 9781509951352 • £76 50 / $103 94
ePdf 9781509951369 • £76 50 / $103 94
Hart Publishing
Political Control of America's Courts
Examining the Facts
Helena Silverstein, Lafayette College, USA
A deeply researched and even-handed account of the relationship between America's judicial branch—which is supposed to view law through a nonpartisan lens—and the partisanship that is such a notorious force in the operations of the nation's other two branches of government
Is political combat over judicial nominations worse than ever? What impact has the politicization of the courts had on public faith in our judicial system and the laws we all live by? What reforms have been proposed to address the alleged politicization of American courts? This work will provide insights into all these questions and more
UK January 2023
• US January 2023
HB 9781440878053
Banning ‘Conversion Therapy’ Legal and Policy Perspectives
• 224 pages
• £54 00 / $70 00
ePub 9798216184553
• £52 93 / $63 00
ePdf 9781440878060 £52 93 / $63 00
Series: Contemporary Debates ABC-CLIO
Edited
by Ilias Trispiotis, University of Leeds, UK & Craig Purshouse, University of Liverpool, UKThis book looks at why and how states should legally ban LGBTIQ+ ‘conversion therapy’ Few states have legislated against LGBTIQ+ ‘conversion therapy’, with many currently considering its legal ban Banning ‘Conversion Therapy’ brings together leading academics, legal and medical practitioners, policymakers, and activists to illuminate the legislative and non-legislative steps that are required to protect individuals from the harms of ‘conversion therapy’ in different contexts
UK December 2023 • US December 2023 • 320 pages
HB 9781509961153 • £90 00 / $120 00
ePub 9781509961160 • £81 00 / $110 69
ePdf 9781509961177 • £81 00 / $110 69
Hart Publishing
Spaces of Care
Edited by Loraine Gelsthorpe, University of Cambridge, Perveez Mody, University of Cambridge & Brian Sloan, University of Cambridge
Coordinated by the Cambridge Socio-Legal Group this edited collection interrogates the ways in which the interdisciplinary study of care challenges and provokes a reassessment of the points of connection and disjuncture between care and governance, ethics, and public, personal and professional identities
Leading lawyers, anthropologists, sociologists and criminologists reflect on specific aspects of conceptualising caring relations in ‘spaces’ including: Communities of care and abandonment; Selfcare and kinship care; Spaces as ‘gaps’ in care; The meanings of marketised care and the ways in which care is constructed and constrained in different ways in venues such as homes, prisons, workplaces and virtual spaces
UK November 2023 • US November 2023
PB 9781509974269 £39 99 / $54 95
Previously published in HB 9781509929634
ePub 9781509929641 • £72 00 / $98 54
ePdf 9781509929658 • £72 00 / $98 54
Hart Publishing
• 288 pages
Capital Punishment A Documentary and Reference Guide
David L. Hudson Jr.
Each primary source in this carefully curated collection on capital punishment features an introduction and analysis that helps provide crucial context for understanding the evolution of law and public attitudes toward the death penalty from colonial times to the present
Showcasing key primary documents that illuminate the ongoing debate and turbulent history of capital punishment in the United States, this collection gathers a wide range of fascinating and momentous sources including court decisions and transcripts, legislation, personal accounts and perspectives, congressional testimony, and government documents. The wide-ranging collection also reflects a wide range of political perspectives and messaging, giving readers valuable insight into the evolution of public opinion, law, and government policy pertaining to the death penalty in America
UK June 2023
• US June 2023
HB 9781440875779
• 318 pages
• £94 00 / $122 00
ePub 9798216170921 • £90 97 / $109 80
ePdf 9781440875786 • £90 97 / $109 80
Series: Documentary and Reference Guides
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Encyclopedia of Constitutional Amendments, Proposed Amendments, and Amending Issues, 1789-2023
Fifth Edition
2-Volume Set
John R. Vile, Middle Tennessee State University, USA
Written by a leading scholar of the constitutional amending process, this 2-volume encyclopedia, now in its fifth edition, is an indispensable resource for students, legal historians, and high school and college librarians
This authoritative reference resource provides a history and analysis of all 27 ratified amendments to the Constitution, as well as insights and information on thousands of other amendments that have been proposed but never ratified from America's birth until the present day The set also includes a rich bibliography of informative books, articles, and other media related to constitutional amendments and the amending process A staple since its original publication in 1996, this thoroughly updated reference set remains an invaluable resource for research and education
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