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)