Legal History / Litigation and Civil Procedure / Medical Law / Pensions Law / Legal Philosophy

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. 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.

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

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. The Regulator and the Class Action in Australia’s Continuous Disclosure Regime

Michael Legg, University of New South Wales, Australia 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. 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

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 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 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