4 minute read
Contract, Tort & Restitution Law
Gender, Sexuality and Constitutionalism in Asia
Edited by Wen-Chen Chang, National Yang Ming Chiao Tung University, Taiwan, Kelley Loper, University of Hong Kong, Mara Malagodi, Chinese University of Hong Kong & Ruth Rubio-Marín, University of Sevilla, Spain This book analyses the equal citizenship claims of women and sexual and gender diverse people across several Asian jurisdictions. Leading comparative constitutional law scholars identify ‘opportunity structures’ to explain the uneven advancement of gender equality through constitutional litigation and consider a combination of variables which shape the diverging trajectories of the jurisdictions in this study. The authors also embed the relevant constitutional and legal developments in their historical, political and social contexts.
UK December 2022 • US December 2022 • 240 pages HB 9781509941919 • £65.00 / $90.00 ePub 9781509941926 • £58.50 / $81.05 ePdf 9781509941933 • £58.50 / $81.05 Series: Constitutionalism in Asia • Hart Publishing
Democracy and Rule of Law in China's Shadow
Edited by Brian Christopher Jones, University of Sheffield, UK This book provides detailed insight into some of the most contentious events occurring in jurisdictions operating within China’s vast shadow. It provides insightful analysis on issues such as: major threats to the rule of law and attempts to uphold the principle, oath-taking controversies, foreign judges and the disparagement of the judiciary, unconstitutional and undemocratic provisions, changing ideas of representation, a right to democracy in international law, same-sex marriage rights, and the legal responses to civil disobedience in Taiwan and Hong Kong, among other topics.
UK December 2022 • US December 2022 • 320 pages PB 9781509949175 • £34.99 / $47.95 Previously published in HB 9781509933969 ePub 9781509933976 • £63.00 / $87.92 ePdf 9781509933983 • £63.00 / $87.92 Series: Constitutionalism in Asia • Hart Publishing
The Rule of Law in Russia
Power of Rulers, Power of Rules: Russia’s Legal Dualism in Action
Alexei Trochev, Nazarbayev University, Kazakhstan & Olga Schwartz, World Bank, Russia This book explores how, over two centuries, the Russian meaning of the rule of law has been reflected in the legal doctrine, legislation, formal and informal practices of legal and political institutions, and also everyday life and the perceptions of Russian citizens at large and certain minority groups. The authors argue that legal dualism explains the rise and fall of multiple ways in which the parts of the Russian state interact with each other and with citizens, and in which citizens and businesses interact among themselves both at home and abroad.
UK December 2022 • US December 2022 • 240 pages HB 9781509948086 • £70.00 / $95.00 ePub 9781509948093 • £63.00 / $87.92 ePdf 9781509948109 • £63.00 / $87.92 Series: The Rule of Law in Context • Hart Publishing
Great Debates in Tort Law
Jonathan Morgan, Corpus Christi College, Cambridge An introduction to the more advanced thinking on tort law, designed to help students ‘get under the skin’ of the topic and build their critical thinking and analysis skills. Each chapter is structured around key questions and debates that provoke deeper thought and, ultimately, a clearer understanding. It features summaries of the views of notable experts on key topics and each chapter ends with a list of guided further reading. Ideal for both undergraduate and postgraduate modules in tort law.
UK November 2022 • US November 2022 • 288 pages PB 9781509961351 • £29.99 / $40.95 • HB 9781509961368 • £89.99 ePdf 9781509961375 • £26.99 / $37.08 Series: Great Debates in Law • Hart Publishing
Puerto Rico’s Constitutional Paradox
Jorge M Farinacci-Fernós, Inter American University of Puerto Rico This book examines the 1952 Puerto Rico Constitution and looks at the history, framing process, substantive content, political structure, amendment mechanisms, and recent developments through 3 contradictory lenses: colonial subordination, democratic tensions, and progressive content. It explains how the People of Puerto Rico managed to adopt a constitution whose content and process were both original and colonialist, participatory and undemocratic, as well as progressive and anticlimactic.
UK October 2022 • US October 2022 • 272 pages HB 9781509953462 • £85.00 / $115.00 ePub 9781509953479 • £76.50 / $105.78 ePdf 9781509953486 • £76.50 / $105.78 Series: Constitutionalism in Latin America and the Caribbean • Hart Publishing
Risk and Obligation in a Time of Pandemics
Black Swan Contracts
Dilan Thampapillai, University of New South Wales, Australia Is contract law fit for purpose in the face of the challenges raised by the COVID-19 pandemic? This book argues that in order to retain its legitimacy, contract law must realign around 5 key objectives: (i) meeting the reasonable expectations of honest actors; (ii) protecting against windfall gains; (iii) keeping obligations within stated or defined boundaries; (iv) navigating the boundary between legitimate self-interest and exploitation and (v) protecting against the harm that comes from solemn and repeated promises not being honoured.
UK November 2022 • US November 2022 • 160 pages PB 9781509942572 • £34.99 / $47.95 • HB 9781509942534 • £70.00 / $95.00 ePub 9781509942541 • £31.49 / $43.95 ePdf 9781509942558 • £31.49 / $43.95 Hart Publishing
