Law New Books Catalogue
January-March 2022
2021 marks 25 glorious years of Hart Publishing and what a quarter of a century it’s been! We’ve published over 1,700 ground-breaking books on all aspects of the law by award-winning authors, and the list goes on - browse our 2021 highlights below. Join us in celebrating 25 years of publishing excellence #HART25 2021 Highlights
Digital solutions for teaching and learning Hart’s ground-breaking titles by award-winning authors are available on Bloomsbury Collections, our eBook library. Hart titles are intellectually stimulating and innovative, and seek to contribute to the academic study of law as well as to its development and practical implementation. The list is international in scope and spans the entirety of legal scholarship.
Contents ADR & Arbitration / Company Law / Competition Law / Constitutional and Administrative Law �������������������������� 2 Contract, Tort and Resitution Law �������������������������������� 6 Criminal Law / Environmental Law �������������������������������� 7 European Law ���������������������������������������������������������������� 8 Family Law / Gender and the Law �������������������������������� 10 Insurance Law / IP Law / Internationl Economic Law / IT Law / Labour Law ���������������������������������������������������� 11 Legal History / Litigation and Civil Procedure / Medical Law / Pensions Law / Legal Philosophy ���������� 12 Private International Law / Property Law / Public International Law ���������������������������������������������� 13 Socio-Legal Studies / Tax Law ������������������������������������ 14 Representatives, Agents and Distributors �������������������� 15
EBooks ePub and ePDF availability is listed under each book entry.
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L A W - H A R T – ADR & Arbitration, Company Law, Competition Law, Constitutional & Administrative Law
Dispute Resolution and Conflict of Laws Edited by Thomas Pfeiffer, Heidelberg University, Germany & Jan von Hein, University of Freiburg, Germany
This new commentary analyses article-by-article European conflict of law regulations. It looks specifically at: Rome I and Rome II; Brussels Ibis Regulation; Service Regulation; Taking of Evidence Regulation; Enforcement Order Regulation; and European Insolvency Regulation. It also offers the international perspective, exploring the New York Convention and UNCITRAL-ML. It focuses particularly on the revisions to the Brussels I Regulation and the European Insolvency Regulation, and on the relationship between conflict of laws rules and Member States’ national law. Finally, it takes account of disputes before national courts. Authoritative, and rigorous, this is required reading for international private lawyers. UK March 2022 • US April 2022 • 1008 pages HB 9781509924158 • £295.00 / $400.00 Nomos/Hart World English (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland)
Conceptualising Procedural Fairness in EU Competition Law Haukur Logi Karlsson, Reykjavik University, Iceland
What constitutes a fair procedure when it comes to EU competition law? This innovative book seeks to understand the philosophical considerations at the core of conflicting procedural fairness arguments in EU competition law practice. It argues for a conceptualisation of procedural fairness as a distributional issue that can be solved by a practical fairness theory and a comprehensive methodology. To illustrate the usefulness of the conceptualisation, three procedural fairness problems from recent EU competition law practice are analysed: - the KME-Chalkor cases; - the Groupe Gascogne cases; and - the regulatory question on a collective redress mechanism for private enforcement. UK March 2022 • US March 2022 • 192 pages PB 9781509944583 • £36.99 / $49.95 Previously published in HB 9781509935413 ePub 9781509935420 • £67.50 / $88.59 ePdf 9781509935437 • £67.50 / $88.59 Series: Hart Studies in Competition Law • Hart Publishing
The Constitution of Italy A Contextual Analysis
Marta Cartabia, University of Milano, Italy & Nicola Lupo, LUISS Guido Carli University, Italy This book introduces the reader to the Italian Constitution, which entered into force on 1 January 1948, and examines whether it has successfully managed the political and legal challenges that have occurred since its inception, and fulfilled the 3 main functions of a Constitution: maintaining a community, protecting the fundamental rights of citizens and ensuring the separation of powers. UK February 2022 • US February 2022 • 240 pages HB 9781509905720 • £24.99 / $34.95 ePub 9781509905737 • £22.49 / $29.96 ePdf 9781509905744 • £22.49 / $29.96 Series: Constitutional Systems of the World • Hart Publishing
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Global Restructuring
Edited by Ursula Schlegel, Stephan Madaus & David Alisson This book shall provide a global compilation of above 50 concise introductions to insolvency/ restructuring jurisdictions; complemented by an overview on international procedural and recognition rules. The reports will be based on an existing compilation of German language reports, in the leading German commentary on insolvency/ restructuring, Munchener Kommentar Insolvensordnung (muKo InsO). UK March 2022 • US April 2022 • 1008 pages HB 9781509931392 • £250.00 / $340.00 Beck/Hart World English (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland)
Constitutional Systems of the World Peter Leyland, London Metropolitan University, 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 Malaysia Andrew Harding, National University of Singapore
This is a much-welcome new edition of the seminal introduction to Malaysia's constitution by the leading expert in the field. Retaining its comprehensive approach, it examines constitutional governance in light of authoritarianism and continuing inter-communal strife, as well as examining the impact of colonisation on Malaysia’s legal public law structure. Updated throughout to include all statutory and case law developments, it also retains its socio-political perspective. A must read for all students and scholars of Malaysian law. UK March 2022 • US March 2022 • 240 pages PB 9781509927432 • £25.99 / $35.95 ePub 9781509927449 • £23.39 / $31.26 ePdf 9781509927456 • £23.39 / $31.26 Series: Constitutional Systems of the World • Hart Publishing World All Languages (except Malaysian)
The Constitution of New Zealand A Contextual Analysis
Matthew Palmer, High Court of New Zealand & Dean Knight, Victoria University, New Zealand This book examines New Zealand’s constitution, through the lens of constitutional realism. It looks at the practices, habits, conventions and norms of constitutional life. It focuses on the structures, processes and culture that govern the exercise of public power – a perspective that is necessary to explore and account for a lived, rather than textual, constitution. The authors skilfully introduce the reader to this fascinating constitutional system with both clear explanation and critical analysis. UK February 2022 • US February 2022 • 336 pages PB 9781509956456 • £41.99 / $57.95 • HB 9781849469036 • £85.00 / $115.00 ePub 9781849469043 • £76.50 / $100.32 ePdf 9781849469050 • £76.50 / $100.32 Series: Constitutional Systems of the World • Hart Publishing
www.bloomsbury.com • UK, Europe, ROW • +44 (0)1256 302692 • orders@macmillan.co.uk
LAW - Hart
CON S T I T U T ION A L S Y S T E M S OF T H E WOR L D Series General Editors: Peter Leyland, Andrew Harding, Benjamin L Berger, Rosalind Dixon and Heinz Klug
Accessible, contextual introductions to the constitutional systems of the world.
9781509927432 Mar 2022 • £25.99
9781849469036 Feb 2022 • £85
9781509905720 Feb 2022 • £24.99
9781509920532 Oct 2021 • £85
9781509945542 Jul 2021 • £19.99
9781509947171 Jul 2021 • £24.99
9781509913947 Nov 2019 • £70
9781509927357 Sep 2019 • £60
9781849465359 May 2019 • £65
9781509903436 Nov 2018 • £21.99
9781849465861 Jan 2018 • £27.99
9781841137360 Dec 2017 • £21.99
Explore the entire series at www.bloomsbury.com Hart Publishing, an imprint of Bloomsbury, turned 25 in 2021. We have evolved a lot since 1996 but our commitment to publishing good books for lawyers and providing an outstanding experience for our authors remains the same. @hartpublishing
HartPublishing2
L A W - H A R T – Constitutional & Administrative Law
Constitutionalism in Asia Kevin YL Tan, National University of Singapore, Singapore; Li-ann Thio, National University of Singapore, Singapore
Constitutional Bricolage
Thailand's Sacred Monarchy vs. The Rule of Law Eugénie Mérieau, Harvard University, USA Exploring the unique constitutional model in operation in Thailand, this book provides a comprehensive and critical account of the Thai ‘mixed constitutional monarchy’ from its origins to the present day. It investigates the hybridised semi-authoritarian, semi-liberal monarchy that exists in Thailand and considers the institutionalised nature of the Thai monarchy by studying its constitutional texts in light of local doctrine. These findings challenge commonly accepted claims about Thailand, arguing that any political and constitutional instability is not the result of its borrowing from Western constitutionalism but that the monarchy’s use of constitutionalism is the prime driver of instability. UK November 2021 • US November 2021 • 352 pages HB 9781509927692 • £65.00 / $90.00 ePub 9781509927708 • £58.50 / $76.86 ePdf 9781509927715 • £58.50 / $76.86 Series: Constitutionalism in Asia • Hart Publishing
The Rule of Law in the United States
An Unfinished Project of Black Liberation Paul Gowder, Northwestern University, USA What is the American rule of law? Is it a paradigm case of the strong constitutionalism concept of the rule of law or has it fallen short of its ambitions? This book traces the promise and paradox of the American rule of law by: - Explicating its ideals; - Considering the distinctive problem of race in the US and the role of Black liberation movements in developing the American rule of law; and
Edited by Kevin YL Tan, National University of Singapore & Michael Ng, University of Hong Kong This book in the Constitutionalism in Asia series considers the idea of origins, and of change and continuity in terms of ‘constitution-making’, which is an on-going process in the Northeast Asian states. It examines the drafting, nature, core values and roles of the first modern constitutions during the founding of the 8 modern states/territories in Northeast Asia: China (1949), Taiwan (1947), Hong Kong SAR (1997), Macau (1993), Japan (1889), North Korea (1948 or 1972), South Korea (1948) and Mongolia (1992). UK February 2022 • US February 2022 • 304 pages HB 9781509940189 • £85.00 / $115.00 ePub 9781509940196 • £76.50 / $100.32 ePdf 9781509940202 • £76.50 / $100.32 Series: Constitutionalism in Asia • Hart Publishing
The Rule of Law Under Fire? Raymond Wacks, University of Hong Kong (Emeritus)
Does the rise of populism, authoritarianism, and nationalism threaten the welfare of the rule of law? Is this fundamental democratic ideal under siege? This important book examines the philosophical roots of the rule of law and its modern, often contentious, interpretation. It investigates 16 potential dangers, from the exercise of judicial and administrative discretion and parliamentary sovereignty, to the growth of globalisation, the ‘war on terror’, and the power of Big Tech.
- Exploring how the American rule of law is compromised at its frontiers, and how that undermines legal protections in the interior.
The author identifies which issues pose genuine risks to the rule of law, and suggests how they might be confronted to ensure its defence and preservation.
UK December 2021 • US December 2021 • 288 pages HB 9781509939992 • £85.00 / $115.00 ePub 9781509940004 • £76.50 / $100.32 ePdf 9781509940011 • £76.50 / $100.32 Series: Rule of Law in Context • Hart Publishing
UK November 2021 • US November 2021 • 256 pages HB 9781509950584 • £85.00 / $115.00 ePub 9781509950591 • £76.50 / $100.32 ePdf 9781509950607 • £76.50 / $100.32 Hart Publishing
A First Nations Voice in the Australian Constitution
Shireen Morris, Macquarie University, Australia This book makes the legal and political case for Indigenous constitutional recognition through a constitutionally guaranteed First Nations voice, as advocated by the historic Uluru Statement from the Heart. It argues that a constitutional amendment to empower Indigenous peoples with a fairer say in laws and policies made about them and their rights, is both constitutionally congruent and politically achievable. Morris explores the historical, political, theoretical and international contexts underpinning the contemporary debate, before delving into the constitutional detail to craft a compelling case for change. UK February 2022 • US February 2022 • 344 pages PB 9781509944521 • £31.99 / $42.95 Previously published in HB 9781509928927 ePub 9781509928934 • £54.00 / $71.65 ePdf 9781509928941 • £54.00 / $71.65 Hart Publishing
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Constitutional Foundings in Northeast Asia
The Role of Monarchy in Modern Democracy European Monarchies Compared
Edited by Robert Hazell, University College London, UK & Bob Morris, University College London, UK How much power does a monarch really have? How much autonomy do they enjoy? Who regulates the size of the royal family, their finances, the rules of succession? These are some of the questions considered in this edited collection. The book is written by experts from Belgium, Denmark, Luxembourg, the Netherlands, Norway, Spain, Sweden, and the UK. It considers the constitutional and political role of monarchy, its powers and functions, how it is defined and regulated, the laws of succession and royal finances, relations with the media, the popularity of the monarchy, and why it endures. UK March 2022 • US March 2022 • 328 pages PB 9781509944552 • £31.99 / $42.95 Previously published in HB 9781509931019 ePub 9781509931026 • £58.50 / $76.86 ePdf 9781509931033 • £58.50 / $76.86 Series: Hart Studies in Comparative Public Law • Hart Publishing
www.bloomsbury.com • UK, Europe, ROW • +44 (0)1256 302692 • orders@macmillan.co.uk
Rabinder Singh, British Court of Appeal, UK Lord Rabinder Singh is a leading light in the development of the common law, notably in the fields of human rights and privacy. He reflects on the defining themes of his career as advocate and judge. Combining originality of thought and impeccable scholarship, his legal thinking is tracked in published and unpublished works. A substantial introduction gives context, while introductions to each piece reflect on their relevance to contemporary legal thought. Themes as diverse as judicial review, equality, and personal autonomy are explored. Erudite and thought-provoking, it is required reading for all those interested in role of law in society. UK January 2022 • US January 2022 • 400 pages PB 9781509949472 • £24.99 / $34.95 • HB 9781509949427 • £85.00 / $115.00 ePub 9781509949434 • £22.49 / $29.96 ePdf 9781509949441 • £22.49 / $29.96 Hart Publishing
The Judicial Mind
A Festschrift for Lord Kerr of Tonaghmore Edited by Brice Dickson, Queen’s University, Belfast, UK & Conor McCormick, Queen’s University, Belfast, UK This collection of essays is a tribute to Lord Kerr of Tonaghmore, who died aged 72 on 1 December 2020 after having retired from the UK Supreme Court just two months earlier. Lord Kerr’s judicial mind has inspired and influenced a significant number of scholars and jurists throughout the UK and beyond. In this book, his unique brand of jurisprudence is examined alongside a catalogue of broader issues in which he displayed a keen interest during his lifetime. The volume includes topical contributions from a range of legal experts in Britain and Ireland. UK January 2022 • US January 2022 • 432 pages HB 9781509944781 • £85.00 / $115.00 ePub 9781509944798 • £76.50 / $100.32 ePdf 9781509944804 • £76.50 / $100.32 Hart Publishing
The New Labour Constitution Twenty Years On
Edited by Michael Gordon, University of Liverpool, UK & Adam Tucker, University of Liverpool, UK The 20th anniversary of the election of the New Labour government in 1997 provides an ideal opportunity to assess the way in which this major programme of constitutional reform changed the nature of the UK constitution. This book brings together essays from leading academics in UK public law and politics which assess different aspects of the ‘New Labour Constitution’ 20 years on. In combination, these essays analyse the scale and significance of substantive changes, the process of constitutional reform established during this period, and the legacy of New Labour’s constitutional project. UK February 2022 • US February 2022 • 304 pages HB 9781509924646 • £65.00 / $90.00 ePub 9781509924653 • £58.50 / $76.86 ePdf 9781509924660 • £58.50 / $76.86 Series: Hart Studies in Constitutional 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. It brings together key international scholars to discuss current and future challenges for the Ombudsman institution and the systems of government in which they operate. This collection adds to public law scholarship by addressing a common problem faced by all avenues of public law review: the evolving nature of modern public administration.
L A W - H A R T – Constitutional & Administrative Law
The Unity of Law
UK March 2022 • US March 2022 • 320 pages HB 9781509943241 • £85.00 / $115.00 ePub 9781509943258 • £76.50 / $100.32 ePdf 9781509943265 • £76.50 / $100.32 Hart Publishing
Hart Studies in Constitutional Theory Proportionality and Facts in Constitutional Adjudication Anne Carter, Deakin University, Australia
This book considers the relationship between proportionality and facts in constitutional adjudication. It analyses where facts arise within each of the 3 stages of the structured proportionality test – suitability, necessity and balancing – and it considers the nature of these ‘facts’ vis-à-vis the facts that arise in the course of ordinary litigation. The rich proportionality jurisprudence from Germany, Canada and South Africa is used to contextualise the approach of the Australian High Court and to identify future directions for proportionality in Australia, at a critical time when the doctrine is in its formative stages. UK January 2022 • US January 2022 • 272 pages HB 9781509936984 • £85.00 / $115.00 ePub 9781509936991 • £76.50 / $100.32 ePdf 9781509937004 • £76.50 / $100.32 Series: Hart Studies in Constitutional Theory • Hart Publishing
The Methodology of Constitutional Theory
Edited by Dimitrios Kyritsis, University of Essex, UK & Stuart Lakin, University of Reading, UK This book explores the challenges that UK constitutional law is currently facing, such as those relating to devolution, its relationship with processes of European integration, and the impact of the Human Rights Act. These challenges defy its traditionally pragmatic character and call for a systematic re-examination of its methodology. In particular, they demand a robust inter-disciplinary approach to constitutional issues. The book brings together constitutional law experts to discuss how to design such a methodology, applying insights from history, sociology, political theory and philosophy to the study of the UK Constitution in a way that can inform legal doctrine. UK March 2022 • US March 2022 • 304 pages HB 9781509933846 • £75.00 / $100.00 ePub 9781509933853 • £67.50 / $88.59 ePdf 9781509933860 • £67.50 / $88.59 Series: Hart Studies in Constitutional Theory • Hart Publishing
www.bloomsbury.com • USA, Canada, Latin America • 888-330-8477 • customerservice@mpsvirginia.com
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L A W - H A R T – Contract, Tort & Restitution Law
Property and Contract
Comparative Reflections on English Law and Spanish Law Edited by John Cartwright, University of Oxford, UK & Ángel M López y López, University of Seville, Spain This book explores a range of comparative issues in, and in the relationship between, property law and contract law in English and Spanish law. It also draws on other jurisdictions, including France, Germany, and Austria. This provides readers with access to discussions of these areas of private law that are not easily accessible elsewhere. It goes further, however, than simply setting out similarities and differences: it provides an insightful analysis of key points of interest in the comparison of the legal systems discussed. UK November 2021 • US November 2021 • 272 pages HB 9781509929337 • £85.00 / $115.00 ePub 9781509929344 • £76.50 / $100.32 ePdf 9781509929351 • £76.50 / $100.32 Series: Studies of the Oxford Institute of European and Comparative Law • Hart Publishing World All Languages (except Spanish)
Adam Kramer QC, 3 Verulam Buildings, UK
Written by a leading commercial barrister this book offers the most rigorous treatment available of this important dispute resolution area. Previous editions are regularly cited by the courts; a hallmark of their authority. The 3rd edition covers all key case law developments including Morris-Garner, Tiuta, Perry v Raleys, The Renos, Singularis v Daiwa and Edwards v Hugh James. Areas which are increasingly important in litigation such as valuing companies and shares, scope of duty, and arbitration are explored in detail. Providing authoritative and insightful analysis of damages for breach of contract, it is an essential resource for practitioners and scholars. UK February 2022 • US April 2022 • 768 pages HB 9781509951253 • £160.00 / $220.00 ePub 9781509951260 • £144.00 / $188.92 ePdf 9781509951277 • £144.00 / $188.92 Hart Publishing
Hart Studies in Private Law The Province and Politics of the Economic Torts John Murphy, University of Lancaster, UK
This book asks whether the economic torts can be considered as a unified whole. Economic torts play a key role in the development of private law. The landmark case in the field, OBG v Allan, is one of the most important decisions in the entire law of torts. Any search for unity, however, is challenging. This book shows that although some juridical connections exist between some of these torts, there is far more that separates than unites them. Offering a unique perspective, this is a landmark publication on the law of economic torts. UK March 2022 • US March 2022 • 416 pages HB 9781509927319 • £85.00 / $115.00 ePub 9781509927326 • £76.50 / $100.32 ePdf 9781509927333 • £76.50 / $100.32 Series: Hart Studies in Private Law • Hart Publishing
Unexpected Consequences of Compensation Law
Edited by Prue Vines, University of New South Wales, Australia & Arno Akkermans, Vrije Universiteit, Amsterdam Somewhat counter-intuitively, compensation procedure may fail to compensate and instead creates other problems. Taking a refreshing and insightful approach to the question, this book considers the actual (and sometimes negative) effect of compensation law on people seeking redress. Tort law, workers’ compensation, medical law, industrial injury law and other schemes are examined. The unintended consequences the book uncovers includes ongoing physical and mental illness, failure to rehabilitate, the impact on social security entitlements and medical care. Offering a truly interdisciplinary approach, it draws on contributors from lawyers, psychologists, and medical practitioners from multiple jurisdictions including Australia, Netherlands, Canada, Italy and the UK. UK March 2022 • US March 2022 • 312 pages PB 9781509943678 • £34.99 / $47.95 Previously published in HB 9781509927999 ePub 9781509928002 • £63.00 / $83.38 ePdf 9781509928019 • £63.00 / $83.38 Series: Hart Studies in Private Law • Hart Publishing
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The Law of Contract Damages
A Unified Approach to Contract Interpretation Ryan Catterwell, University of Queensland, Australia
This important book offers a systematic exposition of interpretation/construction in contract law. It also goes further, suggesting practical solutions to disputes regarding questions of interpretation. The book argues that interpretation is not simply about establishing what words mean; it is a process through which objective intention is inferred from the choice of words in a contract. The interpretive process involves four steps: formulate the question of interpretation in dispute; explore competing answers to the question; analyse the admissible material supporting each interpretation; and weigh and balance the competing considerations. UK January 2022 • US January 2022 • 320 pages PB 9781509944408 • £39.99 / $54.95 Previously published in HB 9781509927579 ePub 9781509927586 • £72.00 / $95.11 ePdf 9781509927593 • £72.00 / $95.11 Series: Hart Studies in Private Law • Hart Publishing
Contents of Commercial Contracts Terms Affecting Freedoms
Edited by Paul S Davies, University College London, UK & Magda Raczynska, University College London, UK Freedom of contract is a great strength of English law; indeed it is a key reason why English law is often the law of choice. But the terms of commercial contracts often restrict freedom of action. This book considers such terms. Leading commentators take stock of recent developments such as increased reliance on good faith/discretion and the rise of smart contracts. In so doing, they make original contributions to ongoing debates concerning the limits to parties’ freedom of contract. UK January 2022 • US January 2022 • 488 pages PB 9781509945382 • £49.99 / $67.95 Previously published in HB 9781509930494 ePub 9781509930500 • £90.00 / $118.56 ePdf 9781509930517 • £90.00 / $118.56 Series: Hart Studies in Private Law • Hart Publishing
www.bloomsbury.com • UK, Europe, ROW • +44 (0)1256 302692 • orders@macmillan.co.uk
Essays in Honour of Peter Cane Edited by James Goudkamp, University of Oxford, UK, Mark Lunney, King’s College London, UK & Leighton McDonald, Australian National University This book celebrates the scholarship of Peter Cane, one of the world’s leading legal scholars of the present age. The book is comprised of essays written by admirers of Cane’s scholarship. The essays probe a wide range of issues, especially in administrative law and tort law, that have long concerned him. Consistently with the international prominence that Cane’s research has enjoyed, the contributors are drawn from across the common law world. Their essays will be of value to anyone who is interested in Cane’s unique contribution to private and public law scholarship. UK January 2022 • US January 2022 • 400 pages HB 9781509940721 • £95.00 / $130.00 ePub 9781509940738 • £85.50 / $112.04 ePdf 9781509940745 • £85.50 / $112.04 Hart Publishing
Contract Law and the Legislature
Autonomy, Expectations, and the Making of Legal Doctrine Edited by TT Arvind, University of York, UK & Jenny Steele, University of York, UK This book revisits some of the key debates about the nature and shape of contract law, in light of the impact that statutes have had on its development. With contributions from leading contract law scholars, it fills a significant gap in existing theoretical and doctrinal analyses of contract law, which rely primarily on cases to put forward accounts of the general principles and structure of contract law. UK February 2022 • US February 2022 • 488 pages PB 9781509943449 • £49.99 / $67.95 Previously published in HB 9781509926107 ePub 9781509926114 • £90.00 / $118.56 ePdf 9781509926121 • £90.00 / $118.56 Hart Publishing
Police Street Powers and Criminal Justice
Regulation and Discretion in a Time of Change Geoff Pearson, The University of Manchester, UK & Mike Rowe, University of Liverpool Management School, UK This book is available as open access through the Bloomsbury Open Access programme and is available on www.bloomsburycollections.com This open access book analyses the utilisation, regulation and legitimacy of police powers. Drawing upon ethnographic research in two police forces in England, it uncovers the importance of time and place, supervision and monitoring, local policies and law. Covering a period when the police were under intense scrutiny and subject to austerity measures, it contends that the concept of police culture does not help us understand police discretion. It argues that change is a dominant feature of policing and identifies fragmented responses to law and policy reform, within police stations, across different policing roles, and between senior and frontline ranks. UK January 2022 • US January 2022 • 248 pages PB 9781509944095 • £29.99 / $40.95 Previously published in HB 9781509925377 ePub 9781509925384 • £0.00 / $0.00 ePdf 9781509925391 • £0.00 / $0.00 Hart Publishing
Networks of Collaborative Contracts for Innovation
Pablo Marcello Baquero, HEC Paris Business School, France With the rise of automation and artificial intelligence, the companies that will succeed in the future are those who operate under a constant state of innovation. This book explores the contractual basis for innovation, examining the legal challenges raised by contracts to innovate. On the one hand, it examines empirical studies analysing how these agreements are structured in order to overcome the inherent uncertainty of innovative activity. On the other hand it develops the legal doctrine governing contracts to innovate, in particular the notion of duty of loyalty to the contractual network, providing suggestions on how to concretise it. UK March 2022 • US March 2022 • 240 pages PB 9781509943654 • £41.99 / $57.95 Previously published in HB 9781509929962 ePub 9781509929979 • £76.50 / $100.32 ePdf 9781509929986 • £76.50 / $100.32 Series: International Studies in the Theory of Private Law • Hart Publishing
The Political Turn in Criminal Law Scholarship
Edited by Christoph Burchard, Goethe University, Germany, Vincent Chiao, University of Toronto, Canada, Rocío Lorca, University of Chile & Javier Wilenmann, Adolfo Ibáñez University, Chile In this book, scholars from a wide range of legal traditions – Latin America, North America and Europe – explore the recent “political turn” in criminal law theory. The political turn marks a shift away from the popular and, in common law jurisdictions, prevailing conception of criminal law as a reflection of private, interpersonal morality. This volume takes stock of the political turn from an international and interdisciplinary perspective. The contributors draw upon philosophy, political criminology, critical sociology and law to assess both the promise, and limitations, of a political conception of crime and punishment. UK March 2022 • US April 2022 • 300 pages HB 9781509936809 • £125.00 / $169.00 Nomos/Hart World English (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland)
L A W - H A R T – Contract, Tort & Restitution Law / Criminal Law / Environmental Law
Taking Law Seriously
Environmental Adjudication
Emma Lees, University of Cambridge, UK & Ole W Pedersen, University of Newcastle, UK This book provides a detailed study of the role of adjudication in environmental law. It examines theoretical issues concerning the role of judges and other adjudicators, taking account of different legal cultures and contexts, exploring the multifaceted pressures faced by adjudicators when navigating the tensions between maintaining neutrality, resolving disputes, and providing guidance and assistance for future courts, policy-makers and decisionmakers. In addition, it identifies the main adjudicatory 'avenues' which exist in the environmental law of England and Wales and explores the relationship between adjudication and coherence. It concludes with an exploration of what constitutes ‘good’ environmental adjudication. UK March 2022 • US March 2022 • 272 pages PB 9781509944590 • £31.99 / $42.95 Previously published in HB 9781509931460 ePub 9781509931477 • £58.50 / $76.86 ePdf 9781509931484 • £58.50 / $76.86 Hart Publishing
www.bloomsbury.com • USA, Canada, Latin America • 888-330-8477 • customerservice@mpsvirginia.com
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L A W - H A R T – European Law
The EU Charter of Fundamental Rights
European Union Law and Forms of Life
Edited by Steve Peers, University of Essex, UK, Tamara Hervey, City University, UK, Jeff Kenner, University of Nottingham, UK & Angela Ward, Birkbeck College University of London, UK
Edited by Loïc Azoulai, Sciences Po Law School, France
A Commentary
This 2nd edition of the first commentary of the Charter in English, written by experts from several EU Member States, provides an authoritative but succinct statement of how the Charter impacts upon EU, domestic and international law. Following the conventional article-by-article approach, each commentator offers an expert view of how each article is either already being interpreted in the courts, or is likely to be interpreted. Each commentary references the case law and is augmented with extensive suggestions for further reading. UK November 2021 US January 2022 1950 pages HB 9781509933471 • £325.00 / $440.00 ePub 9781509933501 • £292.50 / $381.77 ePdf 9781509933488 • £292.50 / $381.77 Hart/Beck World English (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland) •
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National Constitutions and EU Integration
Edited by Stefan Griller, University of Salzburg, Austria Do individual constitutions, and the legal cultures underlying them, pose an obstacle to future EU integration? This ambitious collection brings together reports from all the European Member States, systematically setting out their individual constitutional guarantees. In doing so, it tracks possible roadblocks to the future evolution of European integration. Written by recognised authorities in each Member State, it offers an authoritative and rigorous overview of the European Union's constitutional landscape. Its single-structure approach allows for comparison while maintaining consistency. It will become the standard reference work for academics, students and practitioners in the field of European Union law and integration. UK March 2022 • US March 2022 • 704 pages HB 9781509906765 • £150.00 / $200.00 ePub 9781509906758 • £135.00 / $177.19 ePdf 9781509906741 • £135.00 / $177.19 Hart Publishing
EU Fair Trial Rights in Criminal Proceedings
Edited by Silvia Allegrezza, University of Luxembourg & Valentina Covolo, University of Luxembourg The harmonisation of the rights of defendants in EU criminal and quasi criminal proceedings has been long overlooked in legal research. Yet it forms the bedrock of the EU Criminal Justice Area. This collection addresses that imbalance by offering a thoughtful and compelling examination of the effective implementation of defendants’ rights. It looks particularly at the required consistency between the common standards of protection stemming from EU law, the ECHR and constitutional traditions. It goes on to explore how judicial dialogue between national and European Court impacts on the field. UK January 2022 • US January 2022 • 512 pages HB 9781509938643 • £100.00 / $135.00 ePub 9781509938650 • £90.00 / $118.56 ePdf 9781509938667 • £90.00 / $118.56 Series: Hart Studies in European Criminal Law • Hart Publishing
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Madness or Malaise?
How do we grasp existential Europe? How do we explore the social practices, individual dispositions, sentiments and beliefs lying beyond the institutional façade of the European Union’s crises? This volume addresses these questions by understanding European law, and EU law in particular, as one of the main social practices which forms our lives in Europe. It examines the ways in which European law shapes and interconnects with the individual’s relationship to Europe, political forms and social forms. This thoughtful and reflective book offers an important response to the current upheavals in the EU and EU law. UK February 2022 • US February 2022 • 160 pages HB 9781509929559 • £70.00 / $95.00 ePub 9781509929566 • £63.00 / $83.38 ePdf 9781509929573 • £63.00 / $83.38 Hart Publishing
Hart Studies in European Criminal Law Katalin Ligeti, University of Luxembourg; Valsamis Mitsilegas, Queen Mary University of London, UK; Anne Weyembergh, Brussels Free University, Belgium
Criminal and Quasi-criminal Enforcement Mechanisms in Europe Origins, Concepts, Future
Edited by Vanessa Franssen, University of Liège, Belgium & Christopher Harding, Aberystwyth University, UK This book looks at the interplay between criminal and public law. The need for clarifying the concepts and the interlink between administrative and criminal enforcement is a topic attracting a lot of discussion and debate both in academia and practice. The book adds to this debate by bringing to light the substantive and procedural problems stemming from the current parallel or dual use of the different enforcement systems. The collection draws on expertise from academia, practice and policy and their high quality analysis will appeal to both scholars and policymakers alike. UK February 2022 • US February 2022 • 384 pages HB 9781509932863 • £95.00 / $130.00 ePub 9781509932870 • £85.50 / $112.04 ePdf 9781509932887 • £85.50 / $112.04 Series: Hart Studies in European Criminal Law • Hart Publishing
The Legitimacy of EU Criminal Law Irene Wieczorek, University of Durham, UK
This book investigates and critically appraises the European Union’s approach to criminalisation. It looks into what justifications for the resort to criminal law are envisaged within the EU legal order. Moreover, it further enquires into whether these choices are consistent with the EU constitutional identity as a ‘fundamental rights sensitive’ supranational organisation. UK January 2022 • US January 2022 • 272 pages PB 9781509944392 • £36.99 / $49.95 Previously published in HB 9781509919741 ePub 9781509919758 • £67.50 / $88.59 ePdf 9781509919765 • £67.50 / $88.59 Series: Hart Studies in European Criminal Law • Hart Publishing
www.bloomsbury.com • UK, Europe, ROW • +44 (0)1256 302692 • orders@macmillan.co.uk
The Changing European Union A Critical View on the Role of Law and the Courts
Edited by Tamara Capeta, Iris Goldner Lang & Tamara Perišin, all of University of Zagreb, Croatia This collection explores how the EU, specifically its judicial wing, is responding to new challenges currently being faced by the block. It looks at external problems shared globally such as unequal societies, the rise of populism, and the migrant crisis. It also examines those internal EU issues such as Brexit, the differences between the EU centre and peripheries, and the division of competences. Taking a multifaceted approach, this book draws on voices from academia and the judiciary to suggest how the EU might respond effectively to the challenges faced. UK March 2022 • US March 2022 • 304 pages HB 9781509937332 • £85.00 / $115.00 ePub 9781509937349 • £76.50 / $100.32 ePdf 9781509937356 • £76.50 / $100.32 Series: Modern Studies in European Law • Hart Publishing
The UN Convention on the Rights of Persons with Disabilities and the European Union The Impact on Law and Governance Carmine Conte, Migration Policy Group, Brussels This book analyses the impact of the UN Convention on the Rights of Persons with Disabilities (CRPD) on EU non-discrimination law and governance. It brings together the practices of the European Court of Justice (CJEU) with regard to disability discrimination to assess the effectiveness of the Convention to protect the rights of people with disabilities. It investigates whether the governance mechanisms underlying the EU Framework for promoting, protecting and monitoring the CRPD are effective. The book will be of interest to academics, law students and legal practitioners working in the field of EU non-discrimination and equality law. UK March 2022 • US March 2022 • 272 pages HB 9781509945146 • £80.00 / $110.00 ePub 9781509945153 • £72.00 / $95.11 ePdf 9781509945160 • £72.00 / $95.11 Series: Modern Studies in European Law • Hart Publishing
The EU and its Member States’ Joint Participation in International Agreements
Edited by Nicolas Levrat, Yuliya Kaspiarovich, Christine Kaddous, all of University of Geneva, Switzerland & Ramses A Wessel, University of Groningen, The Netherlands This edited collection scrutinises practice and situations in which the EU and its Member States jointly undertake obligations under international law, towards third states or within international organisations. This book reframes and renews the debate on mixed agreements by exploring and comparing all types of joint participations. Each chapter is written by a team, representing another original form of ‘joint participation’ to legal scholarship. UK January 2022 • US January 2022 • 400 pages HB 9781509945870 • £95.00 / $130.00 ePub 9781509945887 • £85.50 / $112.04 ePdf 9781509945894 • £85.50 / $112.04 Series: Modern Studies in European Law • Hart Publishing
L A W - H A R T – European Law
Modern Studies in European Law
Law and Judicial Dialogue on the Return of Irregular Migrants from the European Union
Edited by Madalina Moraru, Masaryk University, Czech Republic, Galina Cornelisse, Vrije Universiteit Amsterdam, The Netherlands & Philippe De Bruycker, Universite Libre de Bruxelles, Belgium This book examines the implementation of the Return Directive from the perspective of judicial dialogue. It brings together leading legal scholars, judges and practitioners to discuss the interaction between domestic judiciaries and European courts when implementing European return policy. The book answers questions such as: what constitutes inadequate implementation of the Directive and how can judicial dialogue solve it?; how can judges strike the right balance between effective return procedures and fundamental rights?; why do different patterns of judicial dialogue emerge when it comes to particular questions of return policy, such as the use of detention? UK February 2022 • US February 2022 • 528 pages PB 9781509943470 • £49.99 / $67.95 Previously published in HB 9781509922956 ePub 9781509922963 • £81.00 / $106.83 ePdf 9781509922970 • £81.00 / $106.83 Series: Modern Studies in European Law • Hart Publishing
Parliamentary Democracy in Europe Nicola Lupo, LUISS Guido Carli University, Italy; Robert Schütze, Durham University, UK
The European Parliament and Delegated Legislation
Parliamentary Oversight of the Executives
Merijn Chamon, Ghent University, Belgium
Elena Griglio, LUISS University of Rome, Italy
An Institutional Balance Perspective
Tools and Procedures in Europe
This book looks into the Treaty-law framework governing the delegation of legislative power in the EU as redefined by the Lisbon Treaty. It asks how this empowered Parliament operates, both in relation to decisionmaking at the legislative level, looking at specific case studies, and the sub-legislative level, examining its scrutiny powers. It considers whether the Parliament’s formally reinforced role is reflected in the actual balance of powers in the area of delegated legislation.
The oversight of the executive is a key function of parliament. Recently, however, the influence of parliament on policy-making has been diluted. The book plots trends in parliaments across Europe, to illustrate points of convergence and divergence. The author demonstrates that the oversight of the executives, more than law-making, is a pivotal dimension to enable parliaments in Europe gaining back democratic control over decision-making.
UK January 2022 • US January 2022 • 208 pages HB 9781509931859 • £70.00 / $95.00 ePub 9781509931866 • £63.00 / $83.38 ePdf 9781509931873 • £63.00 / $83.38 Series: Parliamentary Democracy in Europe • Hart Publishing
UK March 2022 • US March 2022 • 288 pages PB 9781509943661 • £36.99 / $49.95 Previously published in HB 9781509925681 ePub 9781509925698 • £67.50 / $88.59 ePdf 9781509925704 • £67.50 / $88.59 Series: Parliamentary Democracy in Europe • Hart Publishing
www.bloomsbury.com • USA, Canada, Latin America • 888-330-8477 • customerservice@mpsvirginia.com
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L A W - H A R T – European Law / Family Law / Gender & The Law
European Merger Control A Handbook
Edited by Michael Rosenthal, Sullivan & Cromwell LLP, Belgium & Stefan Thomas, University of Tübingen, Germany This second edition provides a comprehensive treatment of EU merger control law and procedure addressing an extensive body of precedents. It adopts an integrated approach that embraces both the law and economics of merger control, supplemented throughout with practical insights drawn from the authors’ own experience. UK March 2022 • US April 2022 • 720 pages HB 9781509926152 • £295.00 / $400.00 Beck/Hart World English (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland)
The Fundamental Rights of Companies
EU, US and International Law Compared Peter J Oliver, Université Libre de Bruxelles, Monckton Chambers, UK This is the first comprehensive examination of the fundamental rights of companies under EU law and the ECHR. It also contains a detailed comparison with the case law of the US Supreme Court and a chapter devoted to international law. Case law covering all the principle substantive rights (eg speech, property, privacy, procedural rights in competition cases) is examined in great depth. The author contends that companies must enjoy some fundamental rights, but highlights the grave consequences of granting them excessive rights. On this pressing but overlooked issue, he proposes a middle course. UK March 2022 • US March 2022 • 208 pages HB 9781841136899 • £85.00 / $115.00 ePub 9781509901371 • £76.50 / $100.32 ePdf 9781509901364 • £76.50 / $100.32 Hart Publishing
Fifty Years of the Divorce Reform Act 1969
Edited by Joanna Miles, University of Cambridge, UK, Daniel Monk, University of London, UK & Rebecca Probert, University of Exeter, UK The enactment of the Divorce Reform Act 1969 was a landmark moment. This collection explores the background to the Act and its legal and social influence. Bringing together scholars from law, sociology, history, demography and film, it reflects on changes to divorce law over the last half-century. It then looks at the Act itself. It explores divorce within different groups. To conclude, it reflects on the current Divorce, Dissolution and Separation Bill. It illuminates not only the Act but a period of societal change. UK March 2022 • US March 2022 • 448 pages HB 9781509947881 • £80.00 / $110.00 ePub 9781509947898 • £72.00 / $95.11 ePdf 9781509947904 • £72.00 / $95.11 Hart Publishing
A History of Regulating Working Families Strains, Stereotypes, Strategies and Solutions
Nicole Busby, University of Glasgow, UK & Grace James, University of Reading, UK This book critiques how working families in the UK have been subject to regulation. It has two aims: Firstly, it charts the development of the UK’s law and policy framework by focusing on the post-war era and the growth and decline of the welfare state. Secondly, it suggests an alternative policy approach based on Martha Fineman’s vulnerability theory in which the vulnerable subject replaces the liberal subject as the focus of legal intervention. This reorientation enables a more inclusive and cohesive policy approach and has potential to contribute to the reconciliation of the unresolved conflict between paid work and care-giving. UK February 2022 • US February 2022 • 184 pages PB 9781509943456 • £24.99 / $34.95 Previously published in HB 9781849465571 ePub 9781509904617 • £54.00 / $71.65 ePdf 9781509904600 • £54.00 / $71.65 Hart Publishing
Understanding Sharia Processes
Women's Experiences of Family Disputes Farrah Ahmed, University of Melbourne, Australia & Ghena Krayem, University of Sydney Law School, Australia This book is available as open access through the Bloomsbury Open Access programme and is available on www.bloomsburycollections.com It reflects the ongoing debates and controversies in liberal states on how Sharia law can be recognised within legal processes. This book addresses 2 questions: how liberal legal systems like Australia’s should respond to Sharia processes, and how it can best respond to the needs of Muslim women using these processes. This book offers evidence to inform future policy developments in Australia that will also have implications for other liberal jurisdictions, making a significant contribution to the international response to Sharia processes. UK January 2022 • US January 2022 • 200 pages PB 9781509949489 • £34.99 / $47.95 Previously published in HB 9781509920730 ePub 9781509920747 • £0.00 / $0.00 ePdf 9781509920754 • £0.00 / $0.00 Hart Publishing
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www.bloomsbury.com • UK, Europe, ROW • +44 (0)1256 302692 • orders@macmillan.co.uk
The Bermuda Form
Richard Jacobs QC, English High Court, UK, Lorelie S Masters, Hunton & Williams LLP, USA & Paul Stanley QC, Essex Court Chambers, UK This is the third revised edition of what was described by the English Court of Appeal in C v D as the ’standard work’ on Bermuda Form excess insurance policies. The book, first published in 2004, was the first comprehensive analysis of the Bermuda Form. It is frequently cited in Bermuda Form arbitrations and was the joint winner in 2012 of the British Insurance Law Association Book Prize. It offers a detailed commentary on how the Form is to be construed, its coverage, the substantive law to be applied, the limits of liability, exceptions, and the procedures during arbitration proceedings. UK November 2021 • US December 2021 • 576 pages HB 9781509917259 • £160.00 / $220.00 ePub 9781509917273 • £144.00 / $188.92 ePdf 9781509917266 • £144.00 / $188.92 Hart Publishing
Public Procurement Regulation in (a) Crisis? Global Lessons from the COVID-19 Pandemic
Edited by Sue Arrowsmith, University of Nottingham, UK, Luke Butler, University of Nottingham, UK, Annamaria La Chimia, University of Nottingham, UK & Christopher Yukins, George Washington University, USA This timely book provides the first systematic analysis of global public procurement regulation and policy during and beyond the COVID-19 pandemic. Through both thematic chapters and national case studies, the book explores the adequacy of traditional legal frameworks for emergency procurement; examines how governments and international organisations have responded specifically to the pandemic; and considers how the experience of the pandemic and the political impetus for reform might be leveraged to improve public procurement more broadly. UK November 2021 • US December 2021 • 560 pages HB 9781509943036 • £95.00 / $130.00 ePub 9781509943043 • £85.50 / $112.04 ePdf 9781509943050 • £85.50 / $112.04 Hart Publishing
Unitary Patent Enforcement A Practitioner’s Guide
Edited by Johannes Pitz, Vossius & Partner, Germany, Thure Schubert, Vossius & Partner, Germany & Georg Andreas Rauh, 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 January 2022 • US February 2022 • 256 pages HB 9781509924035 • £170.00 / $230.00 Beck/Hart World English (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland)
Three Liability Regimes for Artificial Intelligence
Algorithmic Actants, Hybrids, Crowds Anna Beckers, Maastricht University, the Netherlands & Gunther Teubner, Goethe University, Germany This book proposes 3 liability regimes to combat the wide responsibility gap caused by AI systems. Based on information technology studies, the book first develops a threefold typology that distinguishes individual, hybrid and collective machine behaviour. A subsequent social sciences analysis specifies the sociotechnical configurations of this threefold typology and theorises their social risks when being used in social practices: actants raise the risk of digital autonomy, hybrids the risk of double contingency, crowds the risk of opaque interconnections. The book demonstrates that it is these specific risks to which the law needs to respond by developing corresponding liability rules. UK February 2022 • US February 2022 • 224 pages HB 9781509949335 • £85.00 / $115.00 ePub 9781509949342 • £76.50 / $100.32 ePdf 9781509949359 • £76.50 / $100.32 Hart Publishing
Digital Work Platforms at the Interface of Labour Law
The Future of Unions and Worker Representation
Eva Kocher, European University Viadrina, Germany
Anthony Forsyth, RMIT University, Australia
Regulating Market Organisers
This 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 March 2022 • US March 2022 • 272 pages HB 9781509949854 • £85.00 / $115.00 ePub 9781509949861 • £76.50 / $100.32 ePdf 9781509949878 • £76.50 / $100.32 Hart Publishing
The Digital Picket Line
L A W - H A R T – Insurance Law / IP Law / International Economic Law / IT Law / Labour Law
Liability Insurance in International Arbitration
This book charts the path to revitalisation for trade unions in Australia, the USA, the UK, and Italy. It examines the examples of innovation and digital campaigning that are enabling unions to build new forms of worker power – and overcome decades of declining membership wrought by neoliberalism, globalisation, and hostility from employers and the state. This cross-national study provides a rich basis for identifying the combination of reforms, strategies and linkages required to ensure that unions can remain relevant for a new generation of digitallyactive workers. UK February 2022 • US February 2022 • 368 pages HB 9781509924974 • £85.00 / $115.00 ePub 9781509924981 • £76.50 / $100.32 ePdf 9781509924998 • £76.50 / $100.32 Hart Publishing
www.bloomsbury.com • USA, Canada, Latin America • 888-330-8477 • customerservice@mpsvirginia.com
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L A W - H A R T – Legal History / Litigation & Civil Procedure / Medical Law / Pensions Law / Legal Philosophy
People, Power, and Law A New Zealand History
Alexander Gillespie, University of Waikato, New Zealand & Claire Breen, University of Waikato, New Zealand This book offers a unique insight into the key legal and social issues at play in New Zealand today. Tackling the most pressing issues, it tracks the evolution of these societal problems from 1840 to the present day.
The Regulator and the Class Action in Australia’s Continuous Disclosure Regime Michael Legg, University of New South Wales, Australia
Issues explored include: illegal drugs; racism; the position of women; the position of Maori, free speech, and censorship. Through these issues, the authors track New Zealand’s evolution to one of the most famously liberal and tolerant societies in the world.
This book addresses the development and ramifications of public (government regulator) and private enforcement (class actions) in Australia, drawing on original case studies and empirical analysis of securities regulation. It assesses the ramifications of intersecting public and private enforcement on each other, the achievement of the goals of enforcement, and the regulatory process.
UK February 2022 • US February 2022 • 160 pages HB 9781509931613 • £50.00 / $68.00 ePub 9781509931620 • £45.00 / $59.92 ePdf 9781509931637 • £45.00 / $59.92 Hart Publishing
The book will appeal to practitioners, regulators and academics across jurisdictions interested in regulatory policy and enforcement, and the operation of regulators and class actions, including their interaction. UK February 2022 • US February 2022 • 336 pages HB 9781509941513 • £85.00 / $115.00 ePub 9781509941537 • £76.50 / $100.32 ePdf 9781509941520 • £76.50 / $100.32 Series: Civil Justice Systems • Hart Publishing
Precedents as Rules and Practice New Approaches and Methodologies in Studies of Legal Precedents Edited by Amalie Frese, European University Institute, Italy & Julius Schumann, University of Vienna, Austria This book brings together contributions to the study of precedent as both ‘rules’ and ‘practice’. It asks questions such as: What is precedent when studying the practice of judicial decision making? How are precedents formed by adjudication and what role do precedent citations play for shaping judicial decisions and the outcomes? To what extent are precedents used in different systems of law and in different court’s jurisprudence? When and for what are precedents used? And what different effects do different styles of precedent have and why? UK March 2022 • US April 2022 • 208 pages HB 9781509938506 • £95.00 / $130.00 Nomos/Hart World English (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland)
Pensions
Law, Policy and Practice Edited by Sinéad Agnew, University of Cambridge, UK, Paul S Davies, University College London, UK & Charles Mitchell, University College London, UK State pensions are the largest item in the UK social security budget: three-quarters of UK employees are members of a workplace pension scheme. Yet despite their importance and the fascinating legal issues they generate, pensions have not been the subject of sustained academic attention. That gap is addressed by this important collection which examines various aspects of pensions law, policy and practice, including the regulatory environment, trustees’ powers and duties, law and social change, employment, human rights, and succession. By facilitating a dialogue between practitioner and academics, it moves this crucial area of law into the mainstream of legal scholarship. UK February 2022 • US February 2022 • 416 pages PB 9781509943487 • £49.99 / $67.95 Previously published in HB 9781509922703 ePub 9781509922710 • £90.00 / $118.56 ePdf 9781509922727 • £90.00 / $118.56 Hart Publishing
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Public and Private Enforcement of Securities Laws
Medical Decision-Making on Behalf of Young Children A Comparative Perspective
Edited by Imogen Goold, University of Oxford, UK, Cressida Auckland, London School of Economics and Political Science, UK & Jonathan Herring, University of Oxford, UK In the wake of the Charlie Gard and Alfie Evans cases, a wide-ranging international conversation was started regarding alternative thresholds for intervention. This book provides a comparative perspective on these issues by bringing together analysis from a range of jurisdictions across Europe, North and South America, Africa and Asia. Contextualising the differences and similarities, and drawing out the cultural and social values that inform the approach in different countries, this volume is highly valuable to scholars across jurisdictions, not only to inform their own local debate on how best to navigate such cases, but also to foster inter-jurisdictional debate. UK March 2022 • US March 2022 • 376 pages PB 9781509944545 • £39.99 / $54.95 Previously published in HB 9781509928569 ePub 9781509928583 • £72.00 / $95.11 ePdf 9781509928576 • £72.00 / $95.11 Hart Publishing
Vienna Lectures on Legal Philosophy, Volume 2
Normativism and Anti-normativism in Law Edited by Christoph Bezemek, University of Graz, Austria, Michael Potacs & Alexander Somek, both of University of Vienna, Austria The book focuses on the question: What is law? Is it a set of obligations imposed on courts and officials to guide their conduct and to assess the conduct of others? Or is it the result of settlements reached by opposing sides that accept arrangements and understandings to sustain peaceful cooperation? The collection presents a balanced and nuanced assessment of what is perhaps the most controversial debate in contemporary legal philosophy today. UK January 2022 • US January 2022 • 280 pages PB 9781509944507 • £26.99 / $36.95 Previously published in HB 9781509935901 ePub 9781509935918 • £49.50 / $65.14 ePdf 9781509935925 • £49.50 / $65.14 Series: Vienna Lectures on Legal Philosophy • Hart Publishing
www.bloomsbury.com • UK, Europe, ROW • +44 (0)1256 302692 • orders@macmillan.co.uk
Edited by Paul Beaumont, University of Aberdeen, 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.
Japanese Private International Law
Kazuaki Nishioka, University of Zurich, Switzerland & Yuko Nishitani, Kyoto University, Japan This is the leading reference on Japanese private international law in English.
The handbook is divided into 4 sections: Theory; Institutional and Conceptual Framework Issues; Civil and Commercial Law (apart from Family Law); Family Law.
The chapters systematically cover the whole of Japanese private international law, not just questions likely to arise in commercial matters, but also in family, succession, cross-border insolvency, intellectual property, competition (antitrust), and environmental disputes.
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.
The chapters do not merely cover the traditional conflict of law areas of jurisdiction, applicable law (choice of law), and enforcement. They also look into conflict of law questions arising in arbitration and assess Japanese involvement in the global harmonisation of private international law.
UK February 2022 • US February 2022 • 528 pages HB 9781509932078 • £95.00 / $130.00 ePub 9781509932092 • £85.50 / $112.04 ePdf 9781509932108 • £85.50 / $112.04 Series: Studies in Private International Law • Hart Publishing
UK October 2021 • US December 2021 • 336 pages HB 9781509924295 • £140.00 / $190.00 ePub 9781509924318 • £126.00 / $165.47 ePdf 9781509924301 • £126.00 / $165.47 Series: Studies in Private International Law - Asia • Hart Publishing
Break Clauses
Mark Warwick QC, Selborne Chambers, UK & Nicholas Trompeter QC, Selborne Chambers, UK This is the only book to deal exclusively with the law relating to the drafting and operation of break clauses. It covers over 500 cases and considers the areas of the law that interrelate with break clauses, including contractual construction, assignment, estoppel, mistake and professional negligence.
An Expressive Theory of Possession
Michael JR Crawford, University of New South Wales, Australia This book challenges the conventional wisdom that possession is an irredeemably ambiguous concept and aims to demonstrate that possession is in fact far simpler than generations of lawyers have been led to believe.
This edition includes recent judgments that have had an impact on the law affecting break clauses. New chapters cover the interrelationship between break clauses and compulsory purchase (of particular relevance in light of large-scale projects such as HS2 and Crossrail), and the interrelationship between break clauses and rent review.
Fusing traditional legal analysis with insights from philosophy and economics, and covering both theoretical and doctrinal problems in property law, the book provides a coherent explanation of possession and its role in law and life.
UK November 2021 • US January 2022 • 496 pages HB 9781509942039 • £130.00 / $175.00 ePub 9781509942046 • £117.00 / $153.74 ePdf 9781509942053 • £117.00 / $153.74 Hart Publishing
UK January 2022 • US January 2022 • 232 pages PB 9781509944088 • £31.99 / $42.95 Previously published in HB 9781509929924 ePub 9781509929931 • £58.50 / $76.86 ePdf 9781509929948 • £58.50 / $76.86 Hart Publishing
Studies in International Law Prosecutorial Discretion at the International Criminal Court Anni Pues, University of Glasgow, UK
This timely book provides a comprehensive guide to, and rigorous analysis of, prosecutorial discretion at the International Criminal Court. It is the first study to take the reader through all the key stages of the Prosecutor’s decision-making process. Starting from preliminary examinations and the decision to investigate, the book also explores case selection processes and plea agreements, culminating in the question of how to end engagement in specific country situations. With its unique combination of legal theory and specific policy analysis, it addresses broader questions that will be relevant to other international and hybrid criminal courts and tribunals. UK January 2022 • US January 2022 • 264 pages PB 9781509944101 • £36.99 / $49.95 Previously published in HB 9781509928682 ePub 9781509928699 • £67.50 / $88.59 ePdf 9781509928705 • £67.50 / $88.59 Series: Studies in International Law • Hart Publishing
Judicial Deference in International Adjudication
L A W - H A R T – Private International Law / Property Law / Public International Law
A Guide to Global Private International Law
A Comparative Analysis
Johannes Hendrik Fahner, University of Amsterdam, The Netherlands Should international adjudicators review decisions de novo or show deference to domestic authorities? This book investigates how international courts and tribunals have responded to this question and discusses whether different forms of deference are justified in international adjudication. It proposes a distinction between epistemic deference, based on the superior capacity of domestic authorities to make factual and technical assessments, and constitutional deference, based on the democratic legitimacy of domestic decision-making. It concludes that epistemic deference is an acknowledgement of the limited expertise of international adjudicators, whereas the case for constitutional deference depends on the relative power of the reviewing court. UK February 2022 • US February 2022 • 312 pages PB 9781509943463 • £44.99 / $60.95 Previously published in HB 9781509932283 ePub 9781509932290 • £81.00 / $106.83 ePdf 9781509932306 • £81.00 / $106.83 Series: Studies in International Law • Hart Publishing
www.bloomsbury.com • USA, Canada, Latin America • 888-330-8477 • customerservice@mpsvirginia.com
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L A W - H A R T – Public International Law / Socio-Legal Studies / Tax Law
International Law Immunities and Employment Claims
Lawyers in 21st-Century Societies
Pierfrancesco Rossi, Luiss University, Rome, Italy
Edited by Richard L Abel, UCLA, USA (Emeritus), Hilary Sommerlad, University of Leeds, UK, Ole Hammerslev, University of Southern Denmark & Ulrike Schultz, FernUniversität in Hagen, Germany (Retired)
A Critical Appraisal
This book brings clarity to international law regulating jurisdictional immunities in employment matters. Three main arguments lie at its core. Firstly, it challenges the belief that international immunity law requires staff disputes be subject to immunity. Secondly, it argues that welldefined standards of limited immunity applicable to employment litigation against states, IOs, and diplomatic/consular agents, can be identified. Thirdly, it argues that the interaction between the applicable immunity rules and rules of international human rights law results in a legal regime that provides protection to employees while safeguarding employers. This is a much needed study into an underresearched field. UK December 2021 • US December 2021 • 320 pages HB 9781509952977 • £85.00 / $115.00 ePub 9781509952984 • £76.50 / $100.32 ePdf 9781509952991 • £76.50 / $100.32 Hart Publishing
An invaluable collection of essays by eminent legal profession scholars on the main issues currently confronting legal professions across the world. The book includes chapters on legal professions in Africa, Latin America, the Islamic world, emerging economies, and former communist regimes. It addresses comparative categories including state production, regional bodies and international courts, large law firms, access to justice, diversity and corruption. UK March 2022 • US March 2022 • 608 pages HB 9781509931217 • £190.00 / $260.00 ePub 9781509931224 • £171.00 / $224.10 ePdf 9781509931231 • £171.00 / $224.10 Hart Publishing
Oñati International Series in Law and Society Rosemary Hunter, University of Kent, UK; David Nelken, King's College London, UK
The Right to the Continuous Improvement of Living Conditions
Responding to Complex Global Challenges Edited by Jessie Hohmann & Beth Goldblatt, both of University of Technology Sydney, Australia What does the right to the continuous improvement of living conditions really mean and how can it contribute to social change? This book explores how this underdeveloped right can have valuable application in response to global problems of poverty, inequality and climate destruction, and asks what exactly is covered by ‘living conditions’. It locates the right within broader philosophical and political debates and considers its application to issues of gender and care, whilst also assessing the challenges to its realisation. UK November 2021 • US November 2021 • 352 pages HB 9781509947836 • £85.00 / $115.00 ePub 9781509947843 • £76.50 / $100.32 ePdf 9781509947850 • £76.50 / $100.32 Series: Oñati International Series in Law and Society • Hart Publishing
Taxpayers in International Law
International Minimum Standards for the Protection of Taxpayers' Rights Juliane Kokott, Court of Justice of the European Union, Luxembourg & Pasquale Pistone, International Bureau of Fiscal Documentation, the Netherlands This ground-breaking book puts taxpayers' rights on the global international tax agenda as the necessary counterweight and complement to BEPS and pleads for a global minimum standard of legal protection for the fundamental rights of taxpayers. The book is a unique instrument for practitioners and international tax scholars, as well as for those involved in tax collection worldwide. UK March 2022 • US May 2022 • 608 pages HB 9781509954001 • £200.00 / $270.00 ePub 9781509954018 • £180.00 / $235.83 ePdf 9781509954025 • £180.00 / $235.83 Beck/Hart/Nomos
14
Vol. 2: Comparisons and Theories
The Legacies of Institutionalisation Disability, Law and Policy in the ‘Deinstitutionalised’ Community
Edited by Claire Spivakovsky, University of Melbourne, Australia, Linda Steele, University of Technology Sydney, Australia & Penelope Weller, RMIT University, Australia This is the first book to examine the legal dynamics of deinstitutionalisation. It considers the extent to which some contemporary laws, policies and practices affecting people with disabilities are moving towards the promised end point of enhanced social and political participation in the community, while others may instead reinstate, continue or legitimate historical practices associated with this population’s institutionalisation. Bringing together 20 contributors, the book speaks to overarching themes of segregation and inequality, interlocking forms of oppression and rights-based advancements in law, policy and practice. UK January 2022 • US January 2022 • 272 pages PB 9781509944316 • £31.99 / $42.95 Previously published in HB 9781509930739 ePub 9781509930746 • £58.50 / $76.86 ePdf 9781509930753 • £58.50 / $76.86 Series: Oñati International Series in Law and Society • Hart Publishing
Tax Law, State-Building and the Constitution
Dominic de Cogan, University of Cambridge, UK This book looks at how tax is intertwined with constitutional law and the state in the UK’s history. The author interrogates 5 key claims: there is an overlap between the concerns of tax and constitutional lawyers; the tax system is affected by constitutional change; decisions taken in the tax field are likely to have a reverse influence on the constitution; these relationships are heavily context-dependent; by acknowledging tax as an important part within the constitution we might understand tax and constitutional law better. UK February 2022 • US February 2022 • 224 pages PB 9781509944538 • £29.99 / $40.95 Previously published in HB 9781509923540 ePub 9781509923564 • £54.00 / $71.65 ePdf 9781509923557 • £54.00 / $71.65 Hart Publishing
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