Law Hart New Books Oct-Dec 2023

Law - Hart New Books

October-December 2023

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EU Investment Protection Law

Article-by-Article Commentary

Edited by Moritz Keller, Clifford Chance, Frankfurt, Germany

This book provides a comprehensive articleby-article commentary on the ground-breaking agreements and Regulations in the Comprehensive Economic and Trade Agreement (CETA) It deconstructs the legal issues and provides practical insights With a broader legal framework also in place in the form of three EU Regulations which underpin the investment protection law framework, the work also provides commentary on (i) Regulation (EU) No 912/2014 of the European Parliament and of the Council of 23 July 2014 (ii) Regulation (EU) 1219/2012 and (iii) Regulation (EU) 2019/452

UK January 2023 • US March 2023 • 960 pages

HB 9781509968343 • £275 00 / $375 00

Beck/Hart

World English (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland)

The Financial Constitution of European Integration Follow the Money?

Edited by Ruth Weber, Humboldt-Universität zu Berlin, Germany

This open access book delivers a much-needed analysis of the relationship between the EU financial constitution and democracy in the multi-level system

The economic rescue package NextGenerationEU has multiplied the EU’s financial volume and thereby raised the question of the state of European integration anew Structured into 3 thematic parts, the book focuses on past and present developments of the fiscal structure of the EU as well as potential future outcomes

The ebook editions of this book are available open access under a CC BY 4.0 licence on bloomsburycollections.com

UK

HB 9781509969920

• £85 00 / $115 00

ePub 9781509969937 £0 00 / $0 00

ePdf 9781509969913 £0 00 / $0 00

Hart Publishing

The Parthenon Marbles Dispute

Heritage, Law, Politics

Alexander Herman, Institute of Art and Law, UK

Why are we still arguing over the Parthenon Marbles? This book provides a new take on the history of those famous pieces of ancient sculpture removed from the Acropolis in Athens in the 19th century, explaining how they became the cause célèbre of the debate around cultural heritage and restitution now taking place

The book offers a balanced account of the history of the Marbles and considers the legalities of their initial removal and the ethics of their retention by the British Museum It explains why this dispute has not been satisfactorily resolved and suggests new ways of seeking resolution

UK September 2023 US November 2023 272 pages

PB 9781509967179 £19 99 / $26 95 HB 9781509967186 £65 00 / $90 00

ePub 9781509967193 • £17 99 / $24 29

ePdf 9781509967209 • £17 99 / $24 29

Series: The Art Law Library • Hart Publishing

• 352 pages

Hart Studies in Commercial and Financial Law

Chinese and Global Financial Integration through Stock Connect A Legal Analysis

Flora Huang, University of Derby, UK

This book explores a novel market mechanism, Stock Connect, which gives mutual market access to Chinese and international investors This mechanism could become the new normal in future global financial integration . By examining this cross-border scheme from a regulatory perspective via a three-tiered analytical framework (investors, issuers and regulators), this book unearths the profound implications of Stock Connect to local and global financial markets and the legal impediments to its implementation This pioneering study will appeal to a broad readership who are interested in the on-going reshaping of international financial systems and China’s emerging influence in the international financial order.

• US October 2023

UK October 2023

HB 9781509949281 £85 00 / $115 00

• 288 pages

ePub 9781509949298 £76 50 / $103 94

ePdf 9781509949304

• £76 50 / $103 94

Series: Hart Studies in Commercial and Financial Law

• Hart Publishing

The Enforcement of EU Financial Law

Edited by Jan Crijns & Matthias Haentjens, Leiden University, the Netherlands & Rijnhard Haentjens, University of Amsterdam, the Netherlands (Emeritus)

This book focuses on the enforcement of EU financial law on the national and supra-national levels Emphasis is laid on the interaction between the EU and national levels (vertical interaction), as well as between the private, administrative, and criminal law levels (horizontal interaction) The book takes a multi-jurisdiction and inter-disciplinary approach and covers highly topical issues, such as the new EU Anti-Money Laundering regime, and the ReNEUAL model for administrative law

UK December 2023

PB 9781509959785

• US December 2023

• £44 99 / $60 95

• 320 pages

Previously published in HB 9781509959747

ePub 9781509959754 • £81 00 / $110 69

ePdf 9781509959761

• £81 00 / $110 69

Series: Hart Studies in Commercial and Financial Law Hart Publishing

John Linarelli, Touro College, USA & Teresa Rodríguez de las Heras Ballell, University

Carlos III of Madrid, Spain

Dalhuisen on Transnational and Comparative Commercial, Financial and Trade Law Volume 1

The Transnationalisation of Commercial and Financial Law . The New Lex Mercatoria and its Sources

Jan H Dalhuisen, King’s College London, UK

Volume 1 of this new edition covers the roots and foundations of private law, the emergence of a new transnational commercial and financial legal order, the theoretical basis of the transnationalisation of the law in the professional sphere, the autonomous sources of the modern lex mercatoria as well as its relationship to domestic and transnational public policy and public order requirements

The complete set in this magisterial work is made up of 6 volumes Used independently, each volume allows the reader to delve into a particular topic Alternatively all volumes can be read together for a comprehensive overview .

UK October 2023 US October 2023 464 pages

PB 9781509949229 • £59 99 / $79 95

Previously published in HB 9781509949182

ePub 9781509949199 • £108 00 / $147 14

ePdf 9781509949205 • £108 00 / $147 14

Hart Publishing

Dalhuisen on Transnational and Comparative Commercial, Financial and Trade Law Volume 3

Transnational Contract Law

Jan H Dalhuisen, King’s College London, UK

Volume 3 of this new edition deals with the transnationalisation of contract law; it compares common law and civil law concepts and identifies the different attitudes to protection, risk management, and risk distribution

The volume also explores future directions in international commerce and finance, as well as the potential, effects, and challenges of e-commerce, the blockchain, and the emergence of the smart contract

The complete set in this magisterial work is made up of 6 volumes

Used independently, each volume allows the reader to delve into a particular topic Alternatively all volumes can be read together for a comprehensive overview

UK October 2023 US October 2023 352 pages

PB 9781509949533 £44 99 / $60 95

Previously published in HB 9781509949496

ePub 9781509949502 • £81 00 / $110 69

ePdf 9781509949519 • £81 00 / $110 69

Hart Publishing

Dalhuisen on Transnational and Comparative Commercial, Financial and Trade Law Volume 2 International Arbitration The Transnationalisation of Dispute Resolution

Jan H Dalhuisen, King’s College London, UK

Volume 2 of this new edition covers the transnationalisation of dispute resolution, especially arbitration, and contains a critical analysis of the main challenges to its success, continuing credibility, and effectiveness

The complete set in this magisterial work is made up of 6 volumes Used independently, each volume allows the reader to delve into a particular topic Alternatively all volumes can be read together for a comprehensive overview of transnational commercial law

UK October 2023 • US October 2023 • 360 pages

PB 9781509949274 • £44 99 / $60 95

Previously published in HB 9781509949236

ePub 9781509949243 £81 00 / $110 69

ePdf 9781509949250 • £81 00 / $110 69

Hart Publishing

Dalhuisen on Transnational and Comparative Commercial, Financial and Trade Law Volume 4

Transnational Movable Property Law

Jan H Dalhuisen, King’s College London, UK

Volume 4 of this new edition covers movable and intangible property law It addresses the transformation of the models of movable property in the international flow of goods, services, money, information, and technology.

It analyses among others the notion of assets, monetary claims, the transformation of assets in production and distribution chains, and the related type of user, income and enjoyment rights

The complete set in this magisterial work is made up of 6 volumes Used independently, each volume allows the reader to delve into a particular topic Alternatively all volumes can be read together for a comprehensive overview

UK November 2023 US November 2023 488 pages

PB 9781509949588 £59 99 / $79 95

Previously published in HB 9781509949540

ePub 9781509949557 • £108 00 / $147 14

ePdf 9781509949564 • £108 00 / $147 14

Hart Publishing

Dalhuisen on Transnational and Comparative Commercial, Financial and Trade Law Volume 5

Financial Products and Services

Jan H Dalhuisen, King’s College London, UK

Volume 5 of this new edition deals with financial products and financial services, the structure and operation of banking and of the capital markets, and the role of modern commercial and investment banks

It also addresses the blockchain and its potential in the payment system, in securitisations, in the custodial holdings of investment securities, and in the derivative markets

UK December 2023 US December 2023 488 pages

PB 9781509949632 £64 99 / $89 95

Previously published in HB 9781509949595

ePub 9781509949601 • £117 00 / $159 29

ePdf 9781509949618 • £117 00 / $159 29

Hart Publishing

Dalhuisen on Transnational and Comparative Commercial, Financial and Trade Law Volume 6 Financial Regulation

Jan H Dalhuisen, King’s College London, UK

Volume 6 of this new edition deals with financial regulation of banks, banking activities, and products It critically reviews micro-prudential regulation, the need for macroprudential supervision, the role of resolution authorities, the shadow banking system, the extraterritorial reach and international recognition of financial regulation.

The volume considers the fallout from the 2008 financial crisis and the regulatory responses in the US and Europe

Each volume allows the reader to delve into a particular topic Or all volumes can be read together for a comprehensive overview

UK December 2023 US December 2023 536 pages

PB 9781509949687 £59 99 / $79 95

Previously published in HB 9781509949649

ePub 9781509949656 • £108 00 / $147 14

ePdf 9781509949663 • £108 00 / $147 14

Hart Publishing

The Making of the Modern

Company

Susan Watson, University of Auckland, New Zealand

This book is about the modern company, and how it has changed over time, focussing on England in the key period between the enactment of the general incorporation statutes permitting limited liability in the mid-19th century and the legal recognition of the modern company as a separate legal entity at the end of the century

It will be of interest to corporate law academics, those who study the company from related disciplines and anyone questioning why there remains a lack of certainty about the structure of the most ubiquitous and important modern legal form; the limited liability company

UK November 2023 • US November 2023 • 384 pages

PB 9781509959686 • £42 99 / $58 95

Previously published in HB 9781509923625

ePub 9781509923649 • £76 50 / $103 94

ePdf 9781509923632 • £76 50 / $103 94

Series: Contemporary Studies in Corporate Law • Hart Publishing

Fintech Competition

Law, Policy, and Market Organisation

Edited by Konstantinos Stylianou, University of Glasgow, UK, Marios Iacovides, Uppsala University, Sweden & Björn Lundqvist, Stockholm University, Sweden

This open access book is the first to systematically explore competition policy in fintech markets. Drawing from the expertise of law scholars, economists, and social and natural scientists from the EU and the US, this edited collection explores the competitive dynamics, market organisation, and competition law application in fintech markets. It is the 17th volume in the Swedish Studies in European Law series

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 Swedish Network for European Legal Studies.

UK October 2023 • US October 2023

HB 9781509963348 • £85 00 / $115 00

ePub 9781509963355 • £0 00 / $0 00

ePdf 9781509963362 • £0 00 / $0 00

The New EU Competition Law

Pablo Ibáñez Colomo, London School of Economics and Political Science, UK

This book provides the first comprehensive account of the New EU Competition Law: an emerging understanding of the discipline that breaks from the consensus that emerged in the early 2000s and that leads it into uncharted territories

Conceived as a ‘modular’ book, practitioners and advanced students will find it useful as a map to navigate the underlying trends in the field and as an in-depth dissection of the key case law and administrative practice of the past decade

UK November 2023 • US December 2023 • 320 pages

PB 9781782259138 • £29 99 / $40 95 • HB 9781509967100 • £95 00 / $130 00

ePub 9781782259145 • £26 99 / $36 44

ePdf 9781782259152 • £26 99 / $36 44

Hart Publishing

A Constitutionalist Approach to the European Convention on Human Rights

• 416 pages

Series: Swedish Studies in European Law Hart Publishing

The Ombudsman in the Modern State

Edited by Matthew Groves, Deakin University, Australia & Anita Stuhmcke, University of Technology

Sydney, Australia

This is the first edited collection to examine the place of the ombudsman in the modern state

The book is international in scope with authors heralding from Canada, the Netherlands, the United Kingdom, Australia, New Zealand, Hong Kong, South Africa, Germany, and Austria This global analysis is both in-depth and expansive in its coverage of the operation of Ombudsmen across civil and common law legal systems

This collection adds to the public law scholarship by addressing a common problem faced by all avenues of public law review – the evolving nature of modern public administration

• US October 2023

UK October 2023

PB 9781509943289

• £42 99 / $58 95

• 480 pages

Previously published in HB 9781509943241

ePub 9781509943258 £76 50 / $103 94

ePdf 9781509943265 £76 50 / $103 94

Hart Publishing

The Legitimacy of

Evolutive and Static Interpretation

Lisa Sonnleitner, Karl-Franzens University Graz, Austria

This book presents a new argument for the legitimacy of evolutive interpretation in the ECHR It constructs a model in which evolutive and static constitutional principles are balanced

It argues that there are 3 possible approaches in time-sensitive interpretations of the ECHR, but that only one of them is justifiable by reference to the constitutional principles of the ECHR in every single case

The ECHR’s constitutional principles either require an evolutive or static interpretation or they do not establish a preference relation at all, leading to a margin of appreciation of the member states in the interpretation of the Convention

UK October 2023 • US October 2023

PB 9781509946914 • £42 99 / $58 95

• 272 pages

Previously published in HB 9781509946877

ePub 9781509946884 £76 50 / $103 94

ePdf 9781509946891 • £76 50 / $103 94

Series: Hart Studies in Constitutional Theory • Hart Publishing

Constitutional Semiotics

The Conceptual Foundations of a Constitutional Theory and Meta-Theory Martin Belov, University of Sofia (St Kliment Ohridski), Bulgaria

This book offers an outline of the foundations of a theory of constitutional semiotics . It provides a systematic account of the concept of constitutional semiotics and its role in the representation and signification of meaning in constitution, constitutional law, and constitutionalism

The book analyses concepts such as: constitutional text and texture, authoritative constitutional narratives and authoritative constitutional narrators, constitutional semiotic community, constitutional utopia, constitutional taboo, normative ideology and normative ideas, constitutional myth and mythology, constitutional symbolism, constitutional code and constitutional geometric form

UK December 2023 US December 2023 368 pages

PB 9781509960897 • £42 99 / $58 95

Previously published in HB 9781509931408

ePub 9781509931415

ePdf 9781509931422

Hart Publishing

• £76 50 / $103 94

• £76 50 / $103 94

Constitutional Systems of the World

Peter Leyland, SOAS, University of London, UK, Andrew Harding, National University of Singapore, Singapore, Benjamin L Berger, York University, Canada, Rosalind Dixon, University of New South Wales, Australia & Heinz Klug, University of Wisconsin, USA

The Constitution of South Korea A Contextual Analysis

Chaihark Hahm, Yonsei University, South Korea

This book examines the South Korean Constitution in its political and historical context, with the stated aim of making it accessible to readers new to the subject It sets out the foundations on which it is built as well as explaining how it operates. It reflects its dynamic nature, charting its 'work in progress' and showing how its shapes and contours are still being formed It offers the clear exposition, insightful context and expertise which are the hallmarks of all the books in the Constitutional Systems of the World series

UK December 2023

• US December 2023 • 224 pages

HB 9781509919185 • £60 00 / $80 00

ePub 9781509919192 • £54 00 / $74 24

ePdf 9781509919208 • £54 00 / $74 24

Series: Constitutional Systems of the World • Hart Publishing

Questions of Accountability

Prerogatives, Power, and Politics

Edited by Matthew Flinders, University of Sheffield, UK & Chris Monaghan, University of Worcester, UK

This book explores accountability from a range of perspectives, crossing traditional disciplinary, thematic, and professional boundaries It asks fresh questions about accountability and its place and importance in democratic societies, and considers the issues raised by the shifting architecture of accountability

Bringing together world-leading scholars and former politicians and public servants, the book provides the reader with the answers to the most debated issues surrounding accountability, including rarely discussed ‘pathologies of accountability’, post-human governance, and a focus on proportionality

UK October 2023 US October 2023 416 pages

HB 9781509964222 £90 00 / $120 00

ePub 9781509964239 • £81 00 / $110 69

ePdf 9781509964246 • £81 00 / $110 69 Hart Publishing

Questions of Liability

Essays on Tort

Donal Nolan, Worcester College, Oxford

In this collection, one of the key commentators on the modern law of tort presents his key articles, with his comment on their impact and reception It focuses on tortious liability and the law of negligence Taking a coherent approach, its 3 part structure looks at negligence; nuisance and Rylands v Fletcher; and tort in general. It makes a significant contribution to debates about the limits and scope of liability in tort law in the UK and other common law systems. Tort scholars and practitioners alike will find this an invaluable statement on tortious liability in the 21st century

• US November 2023

UK November 2023

HB 9781509961924

• £80 00 / $110 00

ePub 9781509961931

• £72 00 / $98 54

ePdf 9781509961948 £72 00 / $98 54

Hart Publishing

The Constitution of Bangladesh A Contextual Analysis

Cynthia Farid, University of Wisconsin Law School, US & Shahdeen Malik, BRAC University, Bangladesh

Following the successful formula of the series, this book offers an introductory but authoritative overview to the Constitution of Bangladesh It looks at the shape and working of the Constitution, while introducing the reader to it key stakeholders It sets out the features unique to the Bangladeshi situation and the specific challenges that rise. With the opening key words and end of chapter further reading recommendations, this is the ideal starting point for students of this fascinating state and its governing framework

UK November 2023 • US November 2023 • 320 pages

PB 9781509953974 • £36 99 / $49 95 • HB 9781509953936 • £75 00 / $100 00

ePub 9781509953943 • £67 50 / $91 79

ePdf 9781509953950 • £67 50 / $91 79

Series: Constitutional Systems of the World • Hart Publishing

The Transformation of Consumer Law and Policy in Europe

Edited by Hans-W Micklitz, European University Institute, Italy & Christian Twigg-Flesner, University of Warwick, UK

This book analyses the transformation of consumer law and policy in Europe from 4 perspectives: first, the temporal transformation; secondly, the substantive dimension; thirdly, the institutional dimension; and fourth, the procedural element

With contributions by leading consumer law scholars from across Europe, this book is a fascinating account of how consumer law has been transformed since the turn of the millennium, often shaped by national as much as European interests

UK November 2023 • US November 2023 • 432 pages

HB 9781509963027 • £95 00 / $130 00

ePub 9781509963034

ePdf 9781509963041

• £85 50 / $116 09

• £85 50 / $116 09 Hart Publishing

• 480 pages

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 December 2023

HB 9781509951208

• US December 2023 • 288 pages

• £85 00 / $115 00

ePub 9781509951215

ePdf 9781509951222

• £76 50 / $103 94

• £76 50 / $103 94

Series: International Studies in the Theory of Private Law • Hart Publishing

Contract Law

Ewan McKendrick, University of Oxford, UK

Now in its 15th edition, Ewan McKendrick’s bestselling textbook provides a clear account of all the basic rules of contract law, including the formation of a contract, what goes into a contract and how to enforce a contract Its numerous real-world examples and ‘Hot Topic’ discussion points, covering issues such as Brexit’s effect on contract law and the controversial debate as to whether English law recognises the duty of good faith, makes it is the essential companion for all undergraduate and postgraduate students of contract law, preparing them not only for their exams, but also for their professional legal careers

UK April 2023 • US May 2023 • 536 pages

PB 9781350355187 • £35 99 / $48 95 • HB 9781350355194 • £107 99

ePub 9781350355217 • £32 39 / $44 54

ePdf 9781350355200 • £32 39 / $44 54

Series: Hart Law Masters • Hart Publishing

Criminal Justice in Austerity Legal Aid, Prosecution and the Future of Criminal Legal Practice

James Thornton, Nottingham Trent University, UK

This book offers a timely and detailed examination of the reality of criminal legal practice today Drawing upon extensive anonymous interviews with criminal lawyers in England and Wales, it illuminates how financial pressures can arise within the criminal justice system and how lawyers seek to navigate them It considers whether the criminal legal aid system really can provide those unable to afford a lawyer with access to justice and whether the Crown Prosecution Service can provide justice to victims of crime

UK November 2023 • US November 2023 • 240 pages

HB 9781509955312 • £85 00 / $115 00

ePub 9781509955329

ePdf 9781509955336

Hart Publishing

• £76 50 / $103 94

• £76 50 / $103 94

Climate Migration

Critical Perspectives for Law, Policy, and Research

Edited by Calum Nicholson, University of Cambridge, UK & Benoit Mayer, The Chinese University of Hong Kong

This book explores the complex literature on climate migration and investigates the epistemological and ethical challenges the topic poses for anyone who takes an interest in the relationship between climate change and human migration

At a time in which both the effects of climate change and the causes of migration are of great public interest, and in which these interests are so often fraught with emotion and freighted with politics, the book brings dispassionately critical perspectives to an issue that desperately needs it

UK September 2023

HB 9781509961740

Criminal Law

Jonathan Herring, University of Oxford, UK

Written by one of the UK's leading experts, the 13th edition of this bestselling textbook provides a straightforward account of criminal law It introduces current debates about the law’s nature, scope and functions and discusses wider controversies surrounding the basic doctrines This new edition explores recent developments in case law and changes to the Domestic Violence Act 2021, with violence against women highlighted as a key theme in criminal law There is also a discussion about recent developments in the "rough sex defence"; defences to criminal damage; causation; and the new offence of strangulation and consent in abusive relationships

UK May 2023 • US June 2023 • 432 pages

PB 9781350356542 • £33 99 / $46 95 • HB 9781350356559 • £100 99

ePub 9781350356573 • £30 59 / $41 84

ePdf 9781350356566 • £30 59 / $41 84

Series: Hart Law Masters • Hart Publishing

Criminology as a Moral Science

Edited by Anthony E Bottoms, University of Cambridge, UK & Jonathan Jacobs, City University of New York, USA

This book proposes an explicit recognition of criminology as a moral science: a philosophically textured appreciation of the presence and role of values in people’s reasoning and motivation, set within an empirically rigorous social-scientific account. This endeavour requires input from both criminologists and philosophers, and careful dialogue between them

The issues raised go to the heart of some currently pressing topics within criminology, notably the development of ‘evidencebased practice’, which requires some kind of stable bridge to be built between research evidence (‘facts’) and proposals for policy (‘evaluative recommendations’)

UK September 2023 • US September 2023 • 352 pages

HB 9781509965328 • £85 00 / $115 00

ePub 9781509965342 • £76 50 / $103 94

ePdf 9781509965359 £76 50 / $103 94

Series: Studies in Penal Theory and Penal Ethics Hart Publishing

Before Environmental Law

A History of a Vanishing Continent

Benjamin J Richardson, University of Tasmania, Australia

This landmark book unveils the history of defending Australia’s natural environment and examines the subject’s legal and political contexts from the birth of the nation in 1901 until the advent of the modern era of environmental regulation in the late 1960s

The book offers a rich tapestry of case studies illustrated with historic photographs that show the origins of Australia’s environmental laws and how they borrowed from international precedents or furnished lessons for other nations to consider

Through its multi-disciplinary enquiry, the book offers a unique story about the failures and successes in the making of environmental law

UK October 2023

• US October 2023

• 384 pages

• US September 2023

• £85 00 / $115 00

ePub 9781509961757 £76 50 / $103 94

ePdf 9781509961764 £76 50 / $103 94

Hart Publishing

• 336 pages

HB 9781509969029

• £85 00 / $115 00

ePub 9781509969036

ePdf 9781509969043

Hart Publishing

• £76 50 / $103 94

• £76 50 / $103 94

Key Ideas in Trusts Law

Nicholas J McBride, University of Cambridge, UK

This book provides an in-depth and easy to understand account of a subject that students often find dauntingly difficult to master.

With references to almost 150 books and articles, and almost 150 cases, this book will save students a huge amount of time in terms of developing a sophisticated knowledge of the past, present and potential futures of trusts law both in England & Wales, and across the world, as well as the academic and judicial debates that surround this area of law

UK June 2023 • US June 2023 • 144 pages

PB 9781509938698 • £12 99 / $17 95

ePub 9781509938704 • £11 69 / $16 19

ePdf 9781509938711 • £11 69 / $16 19

Series: Key Ideas in Law • Hart Publishing

The European Court of Justice and its Critics

Edited by Anthony Arnull, University of Birmingham, UK & Takis Tridimas, King's College London, UK

There is no doubt that the European Court of Justice has had a transformative effect on EU Law, but not without controversy This book explores these criticisms, asking if concerns over judicial activism, unconventional interpretative methods, conflicts with national courts and over-reach are justified. Drawing on the expertise of leading commentators in their sectors, its ambitious scope explores the question from across the spectrum of EU Law Its analysis includes the political dimension, giving the fullest understanding of the environment in which the Court and its judgments have operated An insightful, thought-provoking study of one of the world’s most important courts

UK

EU External Relations Law The Cases in Context

Edited by Graham Butler, University of Southern Denmark & Ramses A Wessel, University of Groningen, the Netherlands

Marking the 50th anniversary of the influential ERTA doctrine, this book analyses and contextualises the entire breadth of the jurisprudence of EU external relations law through a systematic, case-by-case account of the field. The book features established academic scholars, judges, agents of institutions and Member States, and legal practitioners in the field of EU external relations law, analysing over 90 cases in which the Court has legally shaped the theory and practice of the external dimension of legal Europe

A landmark publication which will be of great interest to scholars and practitioners of EU external relations law

UK December 2023 US December 2023 1048 pages

PB 9781509958474 £120 00 / $160 00

Previously published in HB 9781509939695

ePub 9781509939701 • £225 00 / $305 09

ePdf 9781509939718 • £225 00 / $305 09

Hart Publishing

The European Arrest Warrant at Twenty Coming of Age?

Edited

by Adam Lazowski, University of Westminster, UK & Valsamis Mitsilegas,

University of Liverpool, UK

The European Arrest Warrant (EAW), the cornerstone of European criminal law, is twenty years old This collection brings together the leading commentators in the field to assess its merits and successes, and to suggest improvements

Taking a holistic approach, it looks at the EAW from all the different perspectives of its operation Discussions range from fundamental rights, to constitutional issues and questions of national diversity, and to the external dimension of the EAW This is an important assessment of the EAW, destined to become the point of reference in the field.

UK December 2023 • US December 2023 • 464 pages

HB 9781509961061 • £95 00 / $130 00

ePub 9781509961078 • £85 50 / $116 09

ePdf 9781509961085 • £85 50 / $116 09

Series: Hart Studies in European Criminal Law • Hart Publishing

Article 47 of the EU Charter and Effective Judicial Protection, Volume 2

The National Courts’ Perspectives

Edited by Matteo Bonelli, Maastricht University, the Netherlands, Mariolina Eliantonio, Maastricht University, the Netherlands & Giulia Gentile, LSE Law School, UK

This ambitious, innovative project examines the principle of effective judicial protection in EU law over two volumes

In the second volume an expert team explores how the national courts have applied Article 47 and the principle of effective judicial protection It takes a comparative overview of the case law to assess the level of convergence (or divergence) of the national courts’ approaches The questionnaire methodology allows for an accurate charting of national courts’ application of Article 47 at the domestic level

UK November 2023 US November 2023 352 pages

HB 9781509947997 £90 00 / $120 00

ePub 9781509948000 £81 00 / $110 69

ePdf 9781509948017 • £81 00 / $110 69

Hart Publishing

European Citizenship Ius Tractum of Many Faces

Dimitry Kochenov, University of Groningen, the Netherlands

This collection brings together revised and new essays on EU citizenship by one of the leading commentators in the field. It argues, in the face of increasing pessimism, that EU citizenship offers much to admire and celebrate It begins by looking at the status of citizenship in Europe before moving onto perceived points of issue Finally, it sets out the added value of citizenship, concluding that despite all the challenges faced, it is well placed to deal with future challenges both in the medium and long term

UK December 2023 • US January 2024 • 368 pages

HB 9781509902248 • £65 00 / $90 00

ePub 9781509902262 £58 50 / $79 64

ePdf 9781509902255 £58 50 / $79 64

Hart Publishing

European Integrated Border Management and Solidarity

The Limits of Protection Responsibility

Esin Küçük, Lancaster University Law School, UK

The book proposes a responsive, effective protection framework for asylum seekers in the European Union

It does so by taking a three-fold approach: firstly, it sets out an integrated analysis of asylum solidarity, reflecting on the past, present and future Secondly, it interrogates the nature of asylum solidarity as a legal concept, focusing on the notion of fairness Finally, it sets out the future design of the EU asylum regime This is based on a broader understanding of solidarity, which allows for a more balanced system Thought-provoking and solution focused, this is an important new statement on EU asylum law

UK July 2024

• US July 2024

HB 9781509964598

• 288 pages

• £85 00 / $115 00

ePub 9781509964604

ePdf 9781509964611

• £76 50 / $103 94

• £76 50 / $103 94

Series: Modern Studies in European Law

• Hart Publishing

The Changing Role of Citizens in EU Democratic Governance

Edited by Davor Jancic, Queen Mary University of London, UK

This collection discusses the challenges of reforming EU democracy through increased citizen participation beyond elections It asks fundamental questions such as whether the institutionalisation of citizens in EU public law is a prerequisite for addressing these challenges and the extent to which such institutionalisation is taking place in the EU The contributors analyse the latest institutional initiatives, proposals and practices, offering reflections on the impact of the Covid-19 pandemic This book is a much needed reminder of the importance of the role of citizens in EU governance

UK February 2023

• US February 2023

HB 9781509950829 • £90 00 / $120 00

• 368 pages

ePub 9781509950836 • £81 00 / $110 69

ePdf 9781509950843 • £81 00 / $110 69

Series: Modern Studies in European Law

• Hart Publishing

EU Criminal Law

Valsamis Mitsilegas, University of Liverpool, UK

The book provides in-depth analysis of the key elements of the EU’s role in criminal matters

The new edition’s comprehensive coverage includes questions of EU competence; judicial co-operation; mutual recognition; rights of the defendant/victim; European bodies and agencies and the development of surveillance, data gathering, and exchange mechanisms In addition the external dimension in criminal matters (including transatlantic counter-terrorism cooperation) is given detailed treatment and the constitutional and fundamental rights implications are highlighted through-out

Covering all key principles, with clear explanation and rigorous analysis, it gives all students of the subject a strong understanding of this fascinating but complex field.

• US October 2023

UK October 2023

PB 9781509957682

• £59 99 / $79 95

European Convention on Human Rights

Edited by Christoph Grabenwarter, Vienna University of Economics and Business

This valuable commentary systematically deals with the European Convention on Human Rights (ECHR), article-by-article, including development, scope, relevant case-law and literature

UK October 2023 • US November 2023 • 576 pages

HB 9781509923939 • £225 00 / $305 00

Beck/Hart

World English (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland)

Citizenship and Human Rights

The Conflict of Universal and Exclusive Rights

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 December 2023 • US December 2023 • 272 pages

HB 9781509950249 • £80 00 / $110 00

ePub 9781509950256 • £72 00 / $98 54

ePdf 9781509950263 • £72 00 / $98 54

Hart Publishing

Women’s Access to Transitional Justice in Timor-Leste

The Blind Letters

Noemí Pérez Vásquez, United Nations High Commissioner for Human Rights in Colombia

This book delivers a panoramic assessment of access to transitional justice from a gender perspective. Dealing with conflict, justice and women, it also contains a post-colonial theoretical component It provides a deep analysis of the situation in Timor-Leste Empirical evidence drawn from interviews with female participants in its post-conflict reconciliations and reparations mechanisms, as well as from judges and prosecutors, gives a fascinating insight into precisely how justice was served In so doing it contributes to debates concerning women’s participation in transitional justice and addresses how gender equality should be conceived in post-conflict states seeking to rebuild. Human rights scholars, practitioners as well as NGO workers will find this unique and thought-provoking study invaluable

UK December 2023 • US December 2023 • 320 pages

PB 9781509957675 • £41 99 / $57 95

Previously published in HB 9781509957637

ePub 9781509957644 • £76 50 / $103 94

• 808 pages

Previously published in HB 9781849464581

ePub 9781509904174

• £108 00 / $147 14

ePdf 9781509904167 £108 00 / $147 14

Series: Modern Studies in European Law Hart Publishing

ePdf 9781509957651 £76 50 / $103 94

Hart Publishing

World All Languages (except Portuguese/Spanish/Tetum)

Human Rights Law in Perspective

Rethinking Human Rights Critical Insights from Palestinian Youth

Erika Jiménez, Queen's University Belfast, UK

Drawing on research in the occupied West Bank, this book explores the three layers of marginalisation faced by Palestinian young people—the occupation; the Palestinian pseudostate; and patriarchal structures—to show how these barriers influence their understanding of, and scepticism towards, human rights. Influenced by decolonialist theories, this book illuminates how space needs to be created for the counter-narratives of the oppressed in human rights discourse which may not align with more orthodox representations of human rights It contends that human rights in the Palestinian context (and beyond) needs to be critiqued, decolonised and ultimately transformed

UK December 2023 • US December 2023 • 272 pages

HB 9781509954827 • £85 00 / $115 00

ePub 9781509954834 • £76 50 / $103 94

ePdf 9781509954841 £76 50 / $103 94

Series: Human Rights Law in Perspective Hart Publishing

Regularisations of Irregularly Staying Migrants in the EU

A Comparative Legal Analysis of Austria, Germany and Spain

Kevin Fredy Hinterberger

This book addresses a pressing problem regarding the EU’s return policy: the low return rate of irregularly staying migrants

The EU is not making any significant progress in enforcing the rules it has laid down in the Return Directive The legislation of EU Member States may, however, serve as a source for solutions to ‘combat’ this

The book compares the system of regularisations in Austria, Germany and Spain, showing that differentiated systems of regularisation exist at a national level However, EU regularisations supplementing the present return policy would be more effective at ‘combating’ irregular migration at EU level

UK March 2023 US May 2023

400 pages

HB 9781509947515 £110 00 / $150 00

Nomos/Hart

World English (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland)

Music Borrowing and Copyright Law

A Genre-by-Genre Analysis

Edited by Enrico Bonadio, City, University of London, UK & Chen Wei Zhu, University of Birmingham, UK

This book examines the multifaceted dynamics between copyright law and music borrowing It evaluates how copyright laws under different generic conventions influence, or are influenced by, time-honoured creative borrowing practices.

Leading experts scrutinise a range of musical genres; and this genre-specific analysis is preceded by a theoretical section in which musicologists and lawyers offer their insights into fundamental issues concerning music genre categorisation, copyright’s struggle with musical genres and the typology of music borrowing practice under different generic conventions

UK October 2023

• US October 2023

HB 9781509949380

Social Rights and the Constitutional Moment Learning from Chile and International Experiences

Edited by Koldo Casla, University of Essex, UK, Magdalena Sepúlveda, Global Initiative for Economic, Social and Cultural Rights, Mexico, Vicente Silva & Valentina Contreras, Global Initiative for Economic, Social and Cultural Rights, Chile

This fascinating new study explores the opportunities to enhance environmental and social rights when drafting a new constitution Looking in-depth at the lessons to be learnt from the Chilean experience, ahead of its referendum on its proposed new constitution, it offers both an academic and practitioner analysis of constitutional building. It reflects experiences from the Global South and North, with both an international and comparative perspective

UK November 2023 • US November 2023 • 264 pages

PB 9781509951932 • £41 99 / $57 95

Previously published in HB 9781509951895

ePub 9781509951901 £76 50 / $103 94

ePdf 9781509951918 £76 50 / $103 94

Series: Human Rights Law in Perspective Hart Publishing

Unitary Patent Enforcement

A Practitioner’s Guide

• 608 pages

• £140 00 / $190 00

ePub 9781509949397

ePdf 9781509949403

Hart Publishing

• £126 00 / $171 44

• £126 00 / $171 44

Edited by Johannes Pitz,

Thure Schubert & Georg Andreas Rauh, all of Vossius & Partner, Germany

This book explains the course of proceedings before the European Patent Court (EPC), both with regard to the fundamental features of the EU patent, and to its procedural enforcement. Twenty five Member States have adopted the Convention on the introduction of the EU patent with unitary effect A central component of the EU patent is the establishment of a unified patent court (EPC), which has a court of first instance and an appeal court. As a result all patent lawyers practising in the European Union will benefit from the guide to its proceedings that this book provides

UK December 2023 • US March 2024 • 256 pages

• £160 00 / $220 00

HB 9781509924035

Beck/Hart

World English (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland)

Internet Service Provider Liability for Copyright and Trade Mark Infringement

Towards an EU Co-Regulatory Framework

Zoi Krokida, University of Stirling, UK

This book critically evaluates the EU regulatory framework for the liability of host Internet Service Providers (ISPs) for copyright and trade mark infringements and provides novel recommendations for its improvement

Amid the uncertainty that is created by the existing legislative tools, this book recommends the imposition of a duty of care to host ISPs to curb the dissemination of unauthorised works and counterfeit goods, the ascription of a transparency obligation to host ISPs towards their users, and the establishment of a supervisory authority for host ISPs, thus offering a new perspective for resolving online IP disputes

UK

PB

ePdf

Colin Harvey, Queen's University Belfast, UK

Mandatory Sustainability Requirements in EU Public Procurement Law

Reflections on a Paradigm Shift

Edited by Willem Janssen, Utrecht University, the Netherlands & Roberto Caranta, University of Turin, Italy

This book provides the first comprehensive appraisal of the shift towards mandatory green and social requirements in EU public procurement law

The chapters include novel sectoral studies on transport, food, clothing, and construction Chapters on Italy, the Netherlands, and Spain offer case studies of Member States that have already introduced mandatory requirements and highlight lessons learnt

This is an essential book for professionals working with public procurement law in academia and practice, and to those engaged in achieving public policy objectives in light of climate change and social injustice

UK October 2023 • US October 2023 • 368 pages

HB 9781509963959 • £90 00 / $120 00

ePub 9781509963966 • £81 00 / $110 69

ePdf 9781509963973 • £81 00 / $110 69

Hart Publishing

Flexible Regional Economic Integration in Africa

Lessons and Implications for the Multilateral Trading System

Timothy Masiko, University of Nottingham, UK

This book examines the relationship between flexible regional economic integration in the East African Community and the establishment of the African Continental Free Trade Area The author uses a political, historical, legal and economic analysis to show how regional integration efforts in Africa are based on pan-Africanist ideals, and how an evolution of these ideals has led to an evolution in the goals of integration

Flexible Regional Economic Integration in Africa was awarded the 2020 SIEL–Hart Prize in International Economic Law

UK October 2023 • US October 2023 • 304 pages

PB 9781509945009 • £42 99 / $58 95

Previously published in HB 9781509944965

ePub 9781509944972 £76 50 / $103 94

ePdf 9781509944989 £76 50 / $103 94

Series: Studies in International Trade and Investment Law Hart Publishing

Constitutionalising Social Media

Edited by Edoardo Celeste, Dublin City University, Ireland, Amélie Heldt, Hans-BredowInstitut, Germany & Clara Iglesias Keller, WZB Berlin Social Science Centre, Germany

This book explores to what extent constitutional principles are put under strain in the social media environment and brings together a multi-disciplinary group of experts from law, political science, and communication studies to examine the challenges of constitutionalising what today can be considered the modern public square

The book analyses the ways in which online platforms exercise a sovereign authority within their digital realms, and sheds light on the ambiguous relationship between social media platforms and state regulators It is an essential guide to understanding how to preserve constitutional safeguards in the social media environment

UK December 2023

• US December 2023 • 352 pages

PB 9781509953745 £42 99 / $58 95

Previously published in HB 9781509953707

ePub 9781509953714

ePdf 9781509953721

Advancing the Method and Practice of Transnational Law Building Bridges Across Disciplines

Edited by Julien Chaisse, City University of Hong Kong, Hong Kong & Oana Stefan, King’s College London, UK

This book adopts a transnational methodology to reflect on the legalisation of international economic relations. A Liber Amicorum for Professor Francis Snyder, it outlines the ways in which legal scholarship has taken his legacy further in relation to the concept of transnational law, the ‘law in context’ method, and the evolution of sustainability law

The chapters explore how Snyder’s ideas have advanced legal research and determined change in regulation, impacting trade relationships worldwide The book is a must have for any academic or practitioner interested in an up-to-date account of the recent developments of transnational trade law research

UK September 2023 • US September 2023 • 432 pages

HB 9781509964499 • £90 00 / $120 00

ePub 9781509964505 • £81 00 / $110 69

ePdf 9781509964512 • £81 00 / $110 69

Hart Publishing

General Data Protection Regulation

Article-by-Article Commentary

Edited by Indra Spiecker gen. Döhmann, Goethe University, Germany, Vagelis Papakonstantinou, Vrije Universiteit Brussel, Belgium, Gerrit Hornung, University of Kassel, Germany & Paul De Hert, Vrije Universiteit Brussel, Belgium

This commentary covers all topics elicited by the new European General Data Protection Regulation and its interpretation Taking an article-by-article approach, the book classifies the purpose of a provision, analyses its background, function and structure and interprets its content .The editors and authors are outstanding experts in the field of data protection law well known for their practical as well as structured and thorough approach to data protection issues

UK May 2023 • US June 2023 • 1200 pages

HB 9781509932528 • £295 00 / $400 00

Nomos/Hart

World English (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland)

Contracting and Contract Law in the Age of Artificial Intelligence

Edited by Martin Ebers, University of Tartu, Estonia, Cristina Poncibò, University of Turin, Italy & Mimi Zou, University of Reading, UK

This book provides insights into the nature, scope, and implications of AI in relation to contracting practices and contract law The chapters feature indepth analysis of a range of topical issues, including implications for autonomy, consent, information asymmetries in contracting, and how AI is shaping contracting practices

The book covers major common and civil law jurisdictions, including the EU, Italy, Germany, UK, US, and China It should be read by anyone interested in the complex and fast-evolving relationship between AI, contract law, and related areas of law such as business, commercial, consumer, competition, and data protection laws

UK December 2023 • US December 2023 • 384 pages

PB 9781509950720 • £42 99 / $58 95

Previously published in HB 9781509950683

ePub 9781509950690 £76 50 / $103 94

• £76 50 / $103 94

• £76 50 / $103 94

Series: Hart Studies in Information Law and Regulation • Hart Publishing

ePdf 9781509950706 £76 50 / $103 94

Hart Publishing

Restatement of Labour Law in Europe

Volume III: Dismissal Protection

Edited by Bernd Waas, University of Frankfurt

This book carves out the structures of national regulations and identifies similarities and differences in a Europe-wide view The book brings together reports on dismissal law from thirty six countries, including all Member States of the European Union The relevant law is examined in full, with the reports following a uniform structure The book also provides a comparative overview The similarities and differences identified are presented in a way that is easy for the reader to understand

UK January 2023 • US March 2023 • 1456 pages

HB 9781509968350 • £275 00 / $375 00

Beck/Hart

World English (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland)

Collective Bargaining and the Gig Economy

A Traditional Tool for New Business Models

Edited by José María Miranda Boto, University of Santiago de Compostela, Spain & Elisabeth Brameshuber, University of Vienna, Austria

This open access book investigates the role of collective bargaining in the gig economy, as offline workers such as riders, food deliverers or drivers are slowly gaining access to the series of negotiated rights that, in the past, were only available to employees

The book collects the results of the COGENS (VS/2019/0084) research project, funded by the EU

The chapters analyse recent high-profile decisions and propose an evaluation of the bargaining agents in different Member States of the EU

The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

• US December 2023

UK December 2023

PB 9781509956234 • £42 99 / $58 95

• 320 pages

Previously published in HB 9781509956197

ePub 9781509956203 £0 00 / $0 00

ePdf 9781509956210 £0 00 / $0 00

Hart Publishing

World All Languages (except French/German/Italian/Polish/Spanish)

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

• US October 2023

UK October 2023

HB 9781509966950

• £95 00 / $130 00

ePub 9781509966967

Working Yet Poor Challenges to EU Social Citizenship

Edited by Luca Ratti, University of Luxembourg & Paul Schoukens, KU Leuven, Belgium

This open access book explores the EU regulatory framework to measure in-work poverty and reduce its impact by linking the enhancement of social rights with the full realisation of EU citizenship entitlements and values

Following an in-depth scrutiny of the main policy options to reduce the number of working poor, this invaluable resource provides a theoretical reflection on the role of legislation and socio-fiscal welfare in contemporary labour markets

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

HB 9781509966547 • £85 00 / $115 00

ePub 9781509966554 £0 00 / $0 00

ePdf 9781509966561 £0 00 / $0 00

Hart Publishing

• 368 pages

Digital Work Platforms at the Interface of Labour Law Regulating Market Organisers

Eva Kocher, European University Viadrina, Germany

This open access book shows how to design labour rights to protect digital platform workers, organise accountability on virtual workspaces, and guarantee workers’ collective representation and action

The book provides a fresh perspective for international academic and policy debates on the regulation of digital work platforms, as well as on the purposes and foundations of labour law . It offers a way out of the impasse the debate around labour law classification has reached, by showing what labour law could learn from digital law approaches to platforms – and vice versa

UK October 2023 • US October 2023 • 336 pages

PB 9781509949892 • £42 99 / $58 95

Previously published in HB 9781509949854

ePub 9781509949861 • £0 00 / $0 00

ePdf 9781509949878 • £0 00 / $0 00

Hart Publishing

Law and Religion in the Commonwealth

The Evolution of Case Law

Edited by Renae Barker, University of Western Australia, Paul Babie, University of Adelaide, Australia & Neil Foster, University of Newcastle, Australia

This book examines law and religion from the perspective of its case law. Each chapter focuses on a specific case from a Commonwealth jurisdiction, examining the history and impact of the case, both within the originating jurisdiction and its wider global context The book contains chapters from leading and emerging scholars from across the Commonwealth, including from the United Kingdom, Canada, Australia, Pakistan, Malaysia, India and Nigeria

The book examines how legal disputes involving religion are among the most contested in the courts and shows that, in these cases, the outcomes can have significant consequences for all involved.

PB

• 352 pages

• £85 50 / $116 09

ePdf 9781509966974 £85 50 / $116 09

Hart Publishing

100 Years of the Infanticide Act

Legacy, Impact and Future Directions

Edited by Karen Brennan, University of Essex, UK & Emma Milne, Durham University, UK

This book provides the first comprehensive and detailed analysis of the Infanticide Act and its impact in England and Wales and around the world The collection brings together leading experts to offer important insights into the history of the law, its working today, the impact and legacy of the statute, and potential futures of the infanticide laws

UK October 2023 • US October 2023 • 368 pages

HB 9781509961641 • £95 00 / $130 00

ePub 9781509961658 • £85 50 / $116 09

ePdf 9781509961665 • £85 50 / $116 09

Hart Publishing

Vienna Lectures on Legal Philosophy, Volume 3 Legal Reasoning

Edited by Christoph Bezemek, University of Graz, Austria, Michael Potacs, University of Vienna, Austria & Alexander Somek, University of Vienna, Austria

This third volume of the Vienna Lectures on Legal Philosophy series focuses on one of the most fiercely contested issues in contemporary legal philosophy, the question of the importance of legal reasoning and how to properly engage with it It approaches the underlying problem from a variety of perspectives and against the backdrop of different academic traditions, showcasing how rich contemporary reasoning about legal reasoning is

UK October 2023 US October 2023 240 pages

HB 9781509969821 £85 00 / $115 00

ePub 9781509969852 £76 50 / $103 94

ePdf 9781509969845 • £76 50 / $103 94

Series: Vienna Lectures on Legal Philosophy • Hart Publishing

New Essays on the Nature of Legal Reasoning

Edited by Mark McBride, National University of Singapore & James Penner, National University of Singapore

Bringing together esteemed philosophers and upand-coming scholars, this book critically assesses the nature of legal reasoning

The book has 3 parts:

- General Jurisprudence and Legal Reasoning, addressing issues at the intersection of general jurisprudence – those pertaining to the nature of law itself – and legal reasoning

- Rules and Reasons, addressing 2 concepts central to these 2 prominent types of theory of legal reasoning

- Doctrine and Practice, delving into the mechanics of legal practice and doctrine, from a legal reasoning perspective

• US November 2023

UK November 2023

PB 9781509958801 £42 99 / $58 95

Previously published in HB 9781509937653

ePub 9781509937660

ePdf 9781509937677

Essays on the History of Equity

Edited by D Foster, University College London, UK & C Mitchell, University College London, UK

This volume presents various facets of the history of equity in England between the 14th and 20th centuries

Whether by investigating the historical foundations of the modern law, the jurisprudential underpinnings of the equitable jurisdiction, or the socio-political context of discrete legal developments, this collection of essays exposes the strands of thought which ‘equity’ comprises and the mechanisms by which its rules evolved In so doing, this collection provides a useful way-marker for future studies in the nature and history of English equity

UK December 2023 • US December 2023 • 624 pages

HB 9781509955121 • £100 00 / $135 00

ePub 9781509955138 • £90 00 / $122 84

ePdf 9781509955145 • £90 00 / $122 84

Hart Publishing

Just Price Theory A Reassessment

Joaquín Reyes, Finis Terrae University, Chile

This book presents an original theory of the just price, and it is a welcome addition to scholarship on a radically underdeveloped field. This work reassesses the age-old idea that there is a just price of things, one that goes beyond the Scholastic tradition of the just price and its exclusive concern with commutative justice There is more to just price theory than the concern for keeping equality of value between goods exchanged Modern concerns over efficiency, autonomy, and distributive justice, can also find a place within a theory of the just price.

UK August 2023 • US August 2023 • 200 pages

HB 9781509963508 • £85 00 / $115 00

ePub 9781509963515 £76 50 / $103 94

ePdf 9781509963522 £76 50 / $103 94

Hart Publishing

Global Perspectives on Press Regulation, Volume 1 Europe

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 who seek to capture the global picture for the purposes of effecting change

UK September 2023

HB 9781509950348

• 464 pages

• £76 50 / $103 94

• £76 50 / $103 94

Series: Law and Practical Reason

• Hart Publishing

• US September 2023

• £90 00 / $120 00

ePub 9781509950355

ePdf 9781509950362

Hart Publishing

• £81 00 / $110 69

• £81 00 / $110 69

• 368 pages

Not What The Bus Promised Health Governance after Brexit

Tamara Hervey & Matthew Wood, University of Sheffield UK & Ivanka Antova & Mark L Flear Queen's University, Belfast UK

This book explains the impacts of Brexit on the NHS. From staffing to biomedical research, the UK’s post-Brexit agreements have serious implications for health law Drawing conversations and interviews with over 40 health policy stakeholders, their work with Parliaments across the UK, and collaborations with key actors like the NHS Confederation, the book puts the authors’ knowledge centre frame, rather than expressing ‘objective reality’ These conversations show a great deal of faith in law and legal process among ‘ordinary people’, but the opposite from ‘insider elites’ It will be of interest to any reader who cares about the NHS

UK October 2023 • US October 2023 • 352 pages

HB 9781509951499 • £85 00 / $115 00

ePub 9781509951505 • £76 50 / $103 94

ePdf 9781509951512 £76 50 / $103 94

Series: Hart Studies in Law and Health Hart Publishing

Studies in Private International Law

Paul Beaumont, University of Stirling, UK

Private International Law and Competition Litigation in a Global Context

Mihail Danov, University of Exeter, UK

This important book analyses the private international law issues regarding private antitrust damages claims which arise out of transnational competition law infringements. It identifies those problems that need to be considered by injured parties, defendants, judges and policy-makers when dealing with cross-border private antitrust damages claims in a global context It considers the post Brexit landscape and the implications in cross border private proceedings before the English courts and suggests how the legal landscape should be developed It also sets out how private international law techniques could play an increasingly important role in the private antitrust enforcement of competition law

UK September 2023

HB 9781509918669

The Right to Be Protected from Committing Suicide

Jonathan Herring, University of Oxford, UK

This book argues that suicidal people have the right to receive treatment and for reasonable steps to be taken that they are protected from killing themselves The book explores the ethical and legal case for giving those beset with suicidal thoughts the treatment they need and for reasonable steps to be taken to prevent them attempting suicide

This ground-breaking book makes the legal and ethical case for recognising that the state and public authorities have a duty to provide and implement an effective suicide prevention strategy

UK December 2023 • US December 2023 • 336 pages

PB 9781509949083 • £42 99 / $58 95

Previously published in HB 9781509949045

ePub 9781509949052 • £76 50 / $103 94

ePdf 9781509949069

• £76 50 / $103 94 Hart Publishing

A Guide to Global Private International Law

Edited by Paul Beaumont, University of Stirling, UK & Jayne Holliday, University of Stirling, UK

This book provides a substantial overview of the discipline of private international law viewed from a global perspective

The handbook is divided into 4 sections: Theory; Institutional and Conceptual Framework Issues; Civil and Commercial Law (apart from Family Law) and Family Law

Each chapter is written by a leading expert(s) The chapters address specific areas/aspects of private international law and consider the existing global solutions and the possibilities of improving/creating them . Where appropriate, the chapters are co-authored by experts from different legal perspectives in order to achieve as balanced a picture as possible

UK November 2023 • US November 2023 • 664 pages

PB 9781509957873 • £49 99 / $67 95

Previously published in HB 9781509932078

ePub 9781509932092 • £90 00 / $122 84

• US September 2023

• £95 00 / $130 00

ePub 9781509918676 £85 50 / $116 09

ePdf 9781509918683 £85 50 / $116 09

• 432 pages

Series: Studies in Private International Law 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 December 2023

HB 9781509959488

• US December 2023

• £85 00 / $115 00

ePub 9781509959495

ePdf 9781509959501

• 320 pages

• £76 50 / $103 94

• £76 50 / $103 94

Series: Studies in International Law

• Hart Publishing

ePdf 9781509932108 • £90 00 / $122 84

Series: Studies in Private International Law • Hart Publishing

The Margins of Discretion in Transnational Administrative Acts

Expulsion Decisions and Entry Bans

Following a Criminal Conviction

Kathrin Hamenstädt, Brunel University London, UK

This book analyses the legal rules governing the expulsion of delinquent foreigners through a comparative lens

UK November 2023

PB 9781509959006

• US November 2023

• £41 99 / $57 95

Previously published in HB 9781509925988

ePub 9781509925995

ePdf 9781509926008

Hart Publishing

• 320 pages

• £76 50 / $103 94

• £76 50 / $103 94

Supporting Legal Capacity in Socio-Legal Context

Edited by Mary Donnelly, University College Cork, Ireland, Rosie Harding, University of Birmingham, UK & Ezgi Tascioglu, Keele University, UK

The book focuses on the UN Convention on the Rights of Persons with Disabilities (CRPD), which recognises the equal right to legal capacity of people with disabilities and requires States Parties to provide support for the exercise of this right However, 10 years after the CRPD came into force, the shift to legal frameworks for supported decision-making remains at best only partial

With 16 chapters written by contributors from the UK, Canada, Finland, India, Ireland, Spain, Sweden, and Turkey, the collection takes a comparative and interdisciplinary approach

UK November 2023 US November 2023 336 pages

PB 9781509959075 £42 99 / $58 95

Previously published in HB 9781509940349

ePub 9781509940356 • £76 50 / $103 94

ePdf 9781509940363 • £76 50 / $103 94

Series: Oñati International Series in Law and Society • Hart Publishing

Social Citizenship in an Age of Welfare Regionalism

The State of the Social Union

Mark Simpson, Ulster University, UK

This book presents a socio-legal examination of national and devolved-level developments in social protection in the UK, through the eyes of politicians and officials at the heart of this process.

The book reflects on the impact of austerity, the referendum on Scottish independence and subsequent changes to the devolution settlement, Northern Ireland’s hesitant moves away from parity with Westminster in social protection, withdrawal from the European Union (Brexit), and the possible retreat from austerity during the COVID-19 pandemic

UK December 2023 • US December 2023 • 272 pages

PB 9781509946457 • £42 99 / $58 95

Previously published in HB 9781509946419

ePub 9781509946426 £76 50 / $103 94

ePdf 9781509946433 £76 50 / $103 94

Hart Publishing

Have you heard about BLOOMSBURY OPEN COLLECTIONS?

A pilot open access model for books

BLOOMSBURY OPEN COLLECTIONS is a collective-action approach to funding open access (OA) books. Through this model, we aim to make OA publication available to a wider range of authors by spreading the cost across multiple organisations, while providing additional benefits to participating libraries. We are the first commercial publisher to pilot such a model. Our hope is to engage a more diverse set of authors, bringing their work to a wider global audience.

THE BOOKS

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