Think Law 2014

Think Law... Think Cambridge INTERNATIONAL LAW International Law Sixth Edition Malcolm N. Shaw

Contents: 1. Libya and the light footprint; 2. Precipitous crisis; 3. The pivots of war; 4. Crippling Qaddafi and infighting over NATO; 5. Stalemate; 6. Grinding away; 7. Sudden success; 8. The impact of the war and its implications.

Malcolm Shaw’s engaging and authoritative International Law has become the definitive textbook for instructors and students alike, in this increasingly popular field of academic study. The hallmark writing style provides a stimulating account, motivating students to explore the subject more fully, while maintaining detail and academic rigour. The analysis integrated in the textbook challenges students to develop critical thinking skills. The sixth edition is comprehensively updated throughout and is carefully constructed to reflect current teaching trends and course coverage. The International Court of Justice is now examined in a separate dedicated chapter and there is a new chapter on international criminal law.

ISBN:9781107451544

Decolonising International Law Development, Economic Growth and the Politics of Universality Sundhya Pahuja

Contents: 1. The nature and development of international law; 2. International law today; 3. Sources; 4. International law and municipal law; 5. The subjects of international law; 6. The international protection of human rights; 7. The regional protection of human rights; 8. Individual criminal responsibility in international law; 9. Recognition; 10. Territory; 11. The law of the sea; 12. Jurisdiction; 13. Immunities from jurisdiction; 14. State responsibility; 15. International environmental law; 16. The law of treaties; 17. State succession; 18. The settlement of disputes by peaceful means; 19. The International Court of Justice; 20. International law and the use of force by states; 21. International humanitarian law; 22. The United Nations; 23. International institutions.

ISBN: 9781107008328

Toppling Qaddafi Libya and the Limits of Liberal Intervention Christopher S. Chivvis

NEW

1708pp

264pp

` 495.00

The universal promise of contemporary international law has long inspired countries of the Global South to use it as an important field of contestation over global inequality. Taking three central examples, Sundhya Pahuja argues that this promise has been subsumed within a universal claim for a particular way of life by the idea of ‘development’. As the horizon of the promised transformation and concomitant equality has receded ever further, international law has legitimised an ever-increasing sphere of intervention in the Third World. The post-war wave of decolonisation ended in the creation of the developmental nation-state, the claim to permanent sovereignty over natural resources in the 1950s and 1960s was transformed into the protection of foreign investors, and the promotion of the rule of international law in the early 1990s has brought about the rise of the rule of law as a development strategy in the present day.

Contents: 1. Introduction; 2. Inaugurating a new rationality; 3. From decolonisation to developmental nation state; 4. From permanent sovereignty to investor protection; 5. From the rule of international law to the internationalisation of the rule of law; 6. Conclusion.

` 1295.00

ISBN: 9781107027367

Toppling Qaddafi is a carefully researched, highly readable look at the role of the United States and NATO in Libya's war of liberation and its lessons for future military interventions.

Based on extensive interviews within the US government, this book recounts the story of how the United States and its European allies went to war against Muammar Qaddafi in 2011, why they won the war, and what the implications for NATO, Europe, and Libya will be. This was a war that few saw coming, and many worried would go badly awry, but in the end the Qaddafi regime fell and a new era in Libya's history dawned. Whether this is the kind of intervention that can be repeated, however, remains an open question - as does Libya's future and that of its neighbors.

1

318pp

` 995.00

An Introduction to International Criminal Law and Procedure Second Edition Robert Cryer, Hakan Friman, Darryl Robinson & Elizabeth Wilmshurst

Online Resource Available

International Law from Below

This market-leading textbook gives an authoritative account of international criminal law, and focuses on what the student needs to know - the crimes that are dealt with by international courts and tribunals as well as the procedures that police the investigation and prosecution of those crimes. The reader is guided through controversies with an accessible, yet sophisticated approach by the author team of four international lawyers, with experience both of teaching the subject, and as negotiators at the foundation of the International Criminal Court and the Rome conference. It is an invaluable introduction for all students of international criminal law and international relations, and now covers developments in the ICC, victims’ rights, and alternatives to international criminal justice, as well as including extended coverage of terrorism.

Short, well chosen excerpts allow students to familiarise themselves with primary material from a wide range of sources. An extensive package of online resources is also available.

Development, Social Movements and Third World Resistance Balakrishnan Rajagopal

Contents: Abbreviations; Preface and acknowledgements; Introduction; Part I. International Law, Development and Third World Resistance: 1. Writing Third World resistance into international law; 2. International law and the development encounter; Part II. International Law, Third World Resistance and the Institutionalization of Development: the Invention of the Apparatus: 3. Laying the groundwork: the Mandate system; 4. Radicalizing institutions and/or institutionalizing radicalism? UNCTAD and the NIEO debate; 5. From resistance to renewal: Bretton Woods institutions and the emergence of the ‘new’ development agenda; 6. Completing a full circle: democracy and the discontent of development; Part III. Decolonizing Resistance: Human Rights and the Challenge of Social Movements: 7. Human rights and the Third World: constituting the discourse of resistance; 8. Recoding resistance: social movements and the challenge to international law; 9. Markets, gender and identity: a case study of the Working Women’s Forum as a social movement; Part IV. Epilogue; References; Index.

Contents: Part I. Introduction: 1. Introduction: what is international criminal law?; 2. The objectives of international criminal law; Part II. Prosecutions in National Courts: 3. Jurisdiction; 4. National prosecutions of international crimes; 5. State cooperation with respect to national proceedings; Part III. International Prosecutions: 6. The history of international criminal prosecutions: Nuremberg and Tokyo; 7. The ad hoc international criminal tribunals; 8. The International Criminal Court; 9. Other courts with international elements; 10. Genocide; 11. Crimes against humanity; 12. War crimes; 13. Aggression; 14. Transnational crimes, terrorism and torture; Part IV. Principles and Procedures of International Prosecutions: 15. General principles of liability; 16. Defences/grounds for excluding criminal responsibility; 17. Procedures of international criminal investigations and prosecutions; 18. Victims in the international criminal process; 19. Sentencing and penalties; Part V. Relationship between National and International Systems: 20. State cooperation with the international courts and tribunals; 21. Immunities; 22. Alternatives and complements to criminal prosecution; 23. The future of international criminal law.

ISBN: 9781107655386

684pp

The emergence of transnational social movements as major actors in international politics - as witnessed in Seattle in 1999 and elsewhere - has sent shockwaves through the international system. Many questions have arisen about the legitimacy, coherence and efficiency of the international order in the light of the challenges posed by social movements.

This ground-breaking book offers a fundamental critique of twentieth-century international law from the perspective of Third World social movements - the first ever to do so. It examines in detail the growth of core key components of modern international law international institutions and human rights - in the context of changing historical patterns of Third World resistance. Using a historical and interdisciplinary approach, Rajagopal presents compelling evidence challenging current debates on the evolution of norms and institutions, the meaning and nature of the Third World, as well as the political economy of its involvement in the international system.

ISBN: 9788175962545

` 995.00

2

360pp

` 595.00

from modern Indian history, state-society relationship, motivations of the officials and the political context of administration.

HUMAN RIGHTS International Human Rights Law Cases, Materials, Commentary Olivier De Schutter

Contents: List of Tables; Foreword; Preface; 1. Introduction; 2. Slavery and Debt Bondage in British India : Policy and Implementation; 3. Debt Bondage during Post-Independence Period: Policy Developments; 4. Problems in the Implementation of Bonded Labour System (Abolition) Act; 5. Rehabilitation of Released Bonded Labour; 6. Judicial Intervention; Conclusion; Appendices; Glossary; Biographical Notes; Bibliographical Essay; Index

How do you keep students motivated when their perception of a subject conflicts with the reality of its academic study? International human rights law, unquestionably an exciting field, is also complex and demanding. With his breakthrough textbook, De Schutter focuses on international human rights law as global legal system, rather than as a collection of different (though related) rights, giving it relevance and immediacy. Drawing on cases and materials from a wide range of sources, it shows how human rights law is used as a tool to address contemporary issues such as counter-terrorism, global poverty and religious diversity. Materials are organised thematically, allowing readers to make comparisons and connections between different legal treaties and systems. Students can also easily assess how human rights are protected under domestic and international laws. The law is placed in context throughout, ensuring full understanding of why laws exist and how they work.

ISBN: 9788175967465

Inside Lawyers’ Ethics Christine Parker & Adrian Evans

Contents: Part I. The Sources: Introduction; 1. The origins; 2. Human rights as part of public international law; 3. State responsibility and ‘jurisdiction’; Part II. The Substantive Obligations: Introduction; 4. The obligation to respect; 5. The obligation to protect; 6. The obligation to fulfil; 7. Derogations in times of public emergency; 8. The prohibition of discrimination; Part III. Mechanisms of Protection: 9. Ensuring compliance with international human rights law: the role of national authorities; 10. The United Nations human rights treaties system; 11. The United Nations Charter-based monitoring of human rights; 12. Regional mechanisms of protection.

ISBN: 9781107641556

Human Rights and Law Bonded Labour in India Ramesh Kumar Tiwari

1152pp

187pp

` 595.00

Legal ethics is often described as an oxymoron or contradiction in terms – lay people find the concept amusing and lawyers can find ethics impossible. The best lawyers are those who have come to grips with their own values and actively seek to improve their ethical practice.

This book is designed to help law students and new lawyers understand and modify their own ethical priorities, not just because this knowledge makes it easier to practice law and earn an income, but because self-aware, ethical legal practice is right and feels better than anything else. Packed with case studies of ethical scandals and dilemmas from real life legal practice in Australia, each chapter delves into the most difficult issues lawyers face. From lawyers’ part in corporate fraud to the ethics of time-based billing, Parker and Evans expose the values that underlie current practice and set out the alternatives ethical lawyers might follow.

Contents: 1. Introduction: values in practice; 2. Alternative to adversarial advocacy; 3. The responsibility climate: regulation of lawyers’ ethics; 4. Civil litigation and excessive adversarialism; 5. Ethics in criminal justice: proof and truth; 6. Ethics in negotiation and alternative dispute resolution; 7. Conflicting loyalties; 8. Lawyers’ fees and costs: billing and over-charging; 9. Corporate lawyers and corporate misconduct; 10. Conclusion personal professionalism: personal values and legal professionalism.

` 1295.00

Human Rights and Law: Bonded Labour in India deals with the problem of debt bondage and the way it has been treated during the British as well as in the post-independence period. Analysis has been made of the motivations for carrying out the reform; the processes involved in formulating the legislation, contributions by different agencies, discussion in the parliament, etc. The two legislations: the Indian Slavery Act, 1843 and bonded labour system (Abolition) Act, 1976 provide a comparative perspective in the making of social legislation in two different historical settings and different political systems.The statute on debt and its enforcement has been carried out by four distinct political authorities. India under the Company, India under the Crown; Provincial Governments (1937–1939); and Independent India. The problems in the enforcement of the statutes have been analyzed drawing evidence

ISBN: 9781107606197

3

288pp

` 395.00

estoppel; 6. Intent to create legal relations; Part IV. Third Parties and Assignment: 7. Third parties; 8. Assignment; Part V. Vitiating Elements: 9. Misrepresentation; 10. Mistake; 11. Duress, undue influence, and unconscionability; Part VI. Terms and Interpretation: 12. Terms in general; 13. Implied terms; 14. Interpretation and rectification of written contracts; 15. Exclusion clauses; Part VII. Breakdown and Liability: 16. Frustration; 17. Breach and performance; Part VIII. Remedies for Breach: 18. Judicial remedies for breach of contract; 19. Consensual remedies for breach of contract: liquidated damages and deposits; Part IX. Illegality and Public Policy: 20. Illegality and public policy; Part X. The Future: 21. International and European‘soft law codes’: lessons for English law?

LEGAL SKILLS Modern Legal Drafting A Guide to Using Clearer Language Second Edition Peter Butt & Richard Castle

In the second edition of this highly regarded text, the authors show how and why traditional legal language has developed the peculiar characteristics that make legal documents inaccessible to the end users. Incorporating recent research and case law, the book provides a critical examination of case law and the rules of interpretation. Detailed case studies illustrate how obtuse or outdated words, phrases and concepts can be rewritten, reworked or removed altogether. Particularly useful is the step-by-step guide to drafting in the modern style, using examples from four types of common legal documents: leases, company constitutions, wills and conveyances.

Readers will gain an appreciation of the historical influences on drafting practice and the use of legal terminology. They will learn about the current moves to reform legal language, and receive clear instruction on how to make their writing clearer and their legal documents more useful.

ISBN: 9781107662810

272pp

Presidential Legislation in India The Law and Practice of Ordinances Shubhankar Dam

` 395.00

CONTRACT LAW Contract Law Neil Andrews

` 895.00

LAW - GENERAL

Contents: Introduction; 1. What influences the legal drafter; 2. How legal documents are interpreted; 3. The move towards Modern English in legal drafting; 4. Some benefits of drafting in plain English; 5. What to avoid when drafting modern documents; 6. How to draft modern documents; 7. Using the modern style; Further reading.

ISBN: 9781107688322

798pp

This textbook takes a fresh approach to contract law; as a first edition it reflects the subject in the 21st century more accurately than other texts. Comprehensive and scholarly, it maps the curriculum perfectly but detailed references and further reading sections encourage students to explore the subject further. Understanding is paramount and chapter introductions clearly guide students through the material. The textbook takes an innovative approach to case law: breaking down and discussing individual elements of a case and selecting short key extracts it gives students the tools to read cases independently and with confidence. An examination of the historical and theoretical foundations of the subject and a concluding chapter tracking emerging fields ensure the broadest possible perspective. Discussion of key recent cases such as Durham Tess Valley Airport (2010) and Chartbrook (2009) make this important new text a must for contract law students.

NEW

India has a parliamentary system. Yet the president has authority to occasionally enact legislation (or ordinances) without involving parliament. This book is a study of ordinances at the national level in India, centred around three themes. First, it tells the story of how an artifact of British constitutional history, over time, became part of India’s legislative system.

Second, it offers an empirical account of the ways in which presidents have resorted to ordinances in post-independence India. Third, the book analyses a range of ordinance-related questions, including some that are yet to be judicially adjudicated. In the process, the book explains why much of the Indian Supreme Court’s jurisprudence is mistaken and what should take its place. Overall, the book explains why the fate of parliamentary reforms in India may be tied to the reform of the provision for ordinances. Standing at the intersection of constitutional law and political science, Presidential Legislation in India offers a new frame through which to assess executives’ legislative powers in both parliamentary and presidential systems.

Contents: List of Tables; List of Abbreviations; Acknowledgements; Introduction: Alternatives to Parliamentary Legislation; Part I: Origins and Practice; 1. The Transplant Effect: Early Origins of Ordinances in England and India; 2.

Legislative Surrogacy: Cabinets and Ordinances, 1952-2009; Part II: Law and Interpretation; 3. Negotiating the Text: Ordinances, Article 123 and the Interpretative Deficit; 4. Reading Minds: Presidential Satisfaction and Judicial Review of Ordinances; 5. The Power of No: Presidents, Cabinets and the Making of Ordinances; Conclusion: ‘Edwardian’ Reading of Ordinances; Bibliography; Index

Contents: Part I. Introduction: 1. Main features of contract law; Part II. Formation: 2. The precontractual phase; 3. Offer and acceptance; 4. Certainty; Part III. Consideration and Intent to Create Legal Relations: 5. Consideration and

ISBN: 9781107444348 4

278pp

` 495.00

Piracy in the Indian Film Industry Copyright and Cultural Consonance Arul George Scaria

NEW

How the Web Binds the World Together in Commerce Anupam Chander

NEW

India in an International Perspective Lovely Dasgupta

Contents: Preface; Acknowledgments; List of Abbreviations; 1. Introduction; 2. Piracy and the Indian Film Industry; 3. Copyright Law in India: A Historical, Cultural and Legal Analysis; 4. Copyright Piracy and Consumers: Insights from an Empirical Survey; 5. In Search of Optimal Legal and Policy Options; 6.

Conclusion; Appendix 1: Detailed Description of the Methodology Used in the Study; Appendix 2: Questionnaire Used for the Empirical Survey; Appendix 3: Tables; Bibliography; Index ISBN: 9781107065437

The Electronic Silk Road

Cartel Regulation

This book sheds light on how copyright law works at the grassroots level in India, by exploring the social, cultural, historical, legal and economic dimensions of piracy in one of the biggest copyright-based industries: the Indian film industry. Based on extensive fieldwork, this book provides novel and insightful findings on the complexity and diversity of perceptions regarding piracy within Indian society. The bottom-up approach analysis adopted in the book elucidates how local factors influence copyright enforcement and the book proposes a mix of positive and negative incentives to increase the voluntary compliance of copyright law in India.

338pp

NEW

The book also compares the Indian regulator’s approach vis-à-vis the approach taken by the fair trade regulators in more advanced jurisdictions like the EU, US and UK. Importantly, it introduces readers to a developing country perspective by bringing forth the impact of cartels on bargaining power of both end consumer as well as intermediaries. It also provides workable solutions to enhance the efficacy of anti-cartel provisions.

` 795.00

Contents: Preface; Abbreviations; 1.

Introduction; 2. Cartels: Understanding the Sum and Substance of the Concept ; 3. Cartels and Consumer Interests in the US; 4. EU, Cartels and Consumer Interests; 5. India, Cartels and Consumer Interests: The MRTP Phase; 6.

Cartels, Consumer Interests and India Post-MRTP Phase; Conclusion; Appendix 1; Appendix 2; Bibliography; Index

On the ancient Silk Road, treasure-laden caravans made their arduous way through deserts and mountain passes, establishing trade between Asia and the civilizations of Europe and the Mediterranean. Today’s electronic Silk Roads ferry information across continents, enabling individuals and corporations anywhere to provide or receive services without obtaining a visa. But the legal infrastructure for such trade is yet rudimentary and uncertain. If an event in cyberspace occurs at once everywhere and nowhere, what law applies? How can consumers be protected when engaging with companies across the world? In this accessible book, cyber-law expert Anupam Chander provides the first thorough discussion of the law that relates to global Internet commerce. Addressing up-to-theminute examples, such as Google’s struggles with China, the Pirate Bay’s skirmishes with Hollywood, and the outsourcing of services to India, the author insightfully analyzes the difficulties of regulating Internet trade. Chander then lays out a framework for future policies, showing how countries can dismantle barriers while still protecting consumer interests.

ISBN: 9789382993759

Theory and Practice of Corporate Governance An Integrated Approach Stephen Bloomfield

Contents: Acknowledgments; Introduction: Tracing a Silk Road Through Cyberspace; 1. The New Global Division of Labor; 2. Western Entrepot: Silicon Valley; 3. Eastern Entrepot: Bangalore; 4. Pirates of Cyberspace; 5. Facebookistan; 6. Freeing Trade in Cyberspace; 7. Handshakes Across the World; 8. Glocalization and Harmonization; 9. Last Stop: Middle Kingdom; Afterword • Glossary: A Cheat Sheet for Global E-Commerce • Notes • Index ISBN: 9789382993223

302pp

The recent decision of the Competition Commission of India imposing Rupees 60 billion penalties on the Cement cartels exemplifies the extent to which cartelization affects the Indian consumers. The book looks into the law, policy and practice that inform the anti-cartel provisions within the Indian Competition Act 2002. In the process, it tries to establish that even though the anti-cartel provisions of the Indian Competition Act are ambiguous on their support or opposition to cartels, the primary purpose of the Act is protection of the interest of consumers.

Therefore, the Competition Commission of India and the Central Government are expected to come up with such regulations and notifications that help in clarifying the scope of the anti-cartel provisions in the interest of consumers.

NEW

384pp

` 995.00

Theory and Practice of Corporate Governance explains how the real world of corporate governance works. It offers new definitions of governance and new conceptual models for investigating governance and corporate behaviour, based on both practical experience and academic investigation. In examining the historical development of corporate governance, it integrates issues of company law, regulatory practice and company administration with contemporary corporate governance policies and structures. An extensive range of international examples, both recent and historical, is used to compare theoretical explanations of governance behaviour with practical outcomes. The book will be particularly suitable for students taking an ICSA-accredited course - giving a necessary critical view on governance, law and regulation - and through utilising new conceptual models, it will stimulate debate among both theorists and practitioners.

Contents: List of Figures and Tables; Introduction; Part 1: The Discipline of Governance; Part 2: The Relationship Between

` 795.00 5

Cyber Warfare and the Laws of War

Law and Governance; Part 3: Governance and the Listed Company; Part 4: Governance and Regulation; Part 5: Counter-Governance: Failures of Governance and Corporate Failure • Bibliography • Index ISBN: 9781107667297

The Logic of Law Making in Islam Women and Prayer in the Legal Tradition Behnam Sadeghi

NEW

384pp

Heather Harrison Dinniss

` 895.00

This pioneering study examines the process of reasoning in Islamic law. Some of the key questions addressed here include whether sacred law operates differently from secular law, why laws change or stay the same and how different cultural and historical settings impact the development of legal rulings. In order to explore these questions, the author examines the decisions of thirty jurists from the largest legal tradition in Islam: the Hanafi school of law. He traces their rulings on the question of women and communal prayer across a very broad period of time – from the eighth to the eighteenth century – to demonstrate how jurists interpreted the law and reconciled their decisions with the scripture and the sayings of the Prophet. The result is a fascinating overview of how Islamic law has evolved and the thinking behind individual rulings.

Contents: 1. The world in which we live and fight; 2. Computer network attacks as a use of force in international law; 3. Armed attack and response in the digital age; 4. The applicability of the laws of armed conflict to computer network attacks; 5. Participants in conflict: combatant status, direct participation and computer network attack; 6. Targeting and precautions in attack; 7. Measures of special protection; 8. Means and methods of warfare.

Contents: 1. A general model; 2. Preliminaries; 3. Women praying with men: adjacency; 4.

Women praying with women; 5. Women praying with men: communal prayers; 6. The historical development of Hanafi reasoning; 7. From laws and values; 8. The logic of law making ISBN: 9781107051850

The Law-Making Process Sixth Edition Michael Zander

234pp

ISBN: 9781107682283

` 995.00

The Cambridge Companion to Comparative Law

As a critical analysis of the law-making process, this book has no equal. For more than two decades it has filled a gap in the requirements of law students and others taking introductory courses on the legal system. It deals with every aspect of the law-making process: the preparation of legislation; its passage through Parliament; statutory interpretation; binding precedent; how precedent works; law reporting; the nature of the judicial role; European Union law; and the process of law reform. It presents a large number of original texts from a variety of sources - cases, official reports, articles, books, speeches and empirical research studies laced with the author’s informed commentary and reflections on the subject. This book is a mine of information dealing with both the broad sweep of the subject and with all its detailed ramifications.

Mauro Bussani & Ugo Mattei (editors)

554pp

358pp

` 795.00

We can only claim to understand another legal system when we know the context surrounding the positive law in which lawyers are trained. To avoid ethnocentricity and superficiality, we must go beyond judicial decisions, doctrinal writings and the black-letter law of codes and statutes and probe the ‘deeper structures’ where law meets cultural, political, socio-economic factors.

It is only when we acquire such awareness and knowledge of the critical factors affecting both the backgrounds and implications of rules that it becomes possible to control the present and possibly future developments of the world’s legal institutions. This collection of essays aims to provide the reader with a fundamental understanding of the dynamic relationship between the law and its cultural, political and socio-economic context.

Contents: Editors’ preface. Diapositives v. movies: the inner dynamics of the law and its comparative account: a companion; Part I. Knowing Comparative Law: 1. Comparative law and neighbouring disciplines; 2. Political ideology and comparative law; 3. Economic analysis and comparative law; 4. Comparative law and anthropology; 5. Comparative law and language; Part II. Comparative Law Fields: 6. Comparative studies in private law (insights from a European point of view); 7. Comparative administrative law; 8. Comparative

Contents: Preface to the sixth edition; Preface to the first edition; Acknowledgments; Books, pamphlets, memoranda and articles excerpted; Table of cases; 1. Legislation - the Whitehall stage; 2. Legislation - the Westminster stage; 3. Statutory interpretation; 4. Binding precedent - the doctrine of stare decisis; 5. How precedent works; 6. Law reporting; 7. The nature of the judicial role in law-making; 8. Other sources of law; 9. The process of law reform.

ISBN: 9781107669406

The information revolution has transformed both modern societies and the way in which they conduct warfare. Cyber Warfare and the Laws of War analyses the status of computer network attacks in international law and examines their treatment under the laws of armed conflict. The first part of the book deals with the resort to force by states and discusses the threshold issues of force and armed attack by examining the permitted responses against such attacks. The second part offers a comprehensive analysis of the applicability of international humanitarian law to computer network attacks. By examining the legal framework regulating these attacks, Heather Harrison Dinniss addresses the issues associated with this method of attack in terms of the current law and explores the underlying debates which are shaping the modern laws applicable in armed conflict.

` 695.00 6

Fates of Political Liberalism in the British Post-Colony

constitutional law; 9. Comparative criminal justice; 10. Comparative civil justice; 11. Comparative law and the international organizations; Part III. Comparative Law in the Flux of Civilizations: 12. The East-Asian legal tradition; 13. The Jewish legal tradition; 14. The Islamic legal tradition; 15. The Sub-Saharan legal tradition; 16. The Latin American and Caribbean legal tradition (repositioning Latin America and the Caribbean in the contemporary maps of comparative law); 17. Mixed legal systems; 18. Democracy and the Western legal tradition.

ISBN: 9781107687769

Race, Religion and Law in Colonial India Trials of an Interracial Family Chandra Mallampalli

422pp

The Politics of the Legal Complex Terence C. Halliday, Lucien Karpik & Malcolm M. Feeley (editors)

` 595.00

How did British rule in India transform persons from lower social classes? Could Indians from such classes rise in the world by marrying Europeans and embracing their religion and customs? This book explores such questions by examining the intriguing story of an interracial family who lived in southern India in the midnineteenth century. The family, which consisted of two untouchable brothers, both of whom married Eurasian women, became wealthy as distillers in the local community. A family dispute resulted in a landmark court case, Abraham v.

Abraham. Chandra Mallampalli uses this case to examine the lives of those involved, and shows that far from being products of a ‘civilizing mission’ who embraced the ways of Englishmen, the Abrahams were ultimately – when faced with the strictures of the colonial legal system – obliged to contend with hierarchy and racial difference.

Contents: Part I. Liberal-Legal Orders: 1. Emasculating the executive: the federal court and civil liberties in late colonial India: 1942–4; 2. The legal complex in the struggle to control police brutality in India; 3. Priests in the temple of justice: the Indian legal complex and the basic structure doctrine; Part II. Despotic Orders: 4. Lawyers, politics and publics: state management of lawyers and legitimacy in Singapore; 5. Lawyers and the disintegration of the legal complex in Sudan; 6. The Sri Lankan legal complex and the liberal project: only thus far and no more; Part III. Volatile Orders: 7. ‘Custodian of civil liberties and justice in Malaysia’: the Malaysian bar and the moderate state; 8. Liberal protagonists? The lawyers’ movement in Pakistan; 9. Miscarriage of chief justice: judicial power and the legal complex in Pakistan under Musharraf; 10. From judicial autonomy to regime transformation: the role of the lawyers’ movement in Pakistan; 11. Postcolonial liberalism and the legal complex in Zambia: elegy or triumph?; 12. Legal complexes and the fight for political liberalism in new African democracies: comparative insights from Malawi, Zambia and Namibia; 13. Judge and company: courts, constitutionalism and the legal complex.

Contents: Introduction; 1. Remembering family; 2. Embodying ‘Dora-hood’: the brothers and their business; 3. A crisis of trust: sedition and the sale of arms in Kurnool; 4. Letters from Cambridge; 5. The path to litigation; 6. Litigating gender and race: Charlotte sues at Bellary; 7. Francis appeals: the case for continuity; 8. Choice, identity, and law: the decision of London’s Privy Council.

ISBN: 9781107026988

280pp

What explains divergences in political liberalism among new nations that shared the same colonial heritage? This book assembles exciting original essays on former colonies of the British Empire in South Asia, Africa and Southeast Asia that gained independence after World War II. The interdisciplinary country specialists reveal how inherent contradictions within British colonial rule were resolved after independence in contrasting liberal-legal, despotic and volatile political orders. Through studies of the longue durée and particular events, this book presents a theory of political liberalism in the post-colony and develops rich hypotheses on the conditions under which the legal complex, civil society and the state shape alternative postcolonial trajectories around political freedom. This provocative volume presents new perspectives for scholars and students of postcolonialism, political development and the politics of the legal complex, as well as for policy makers and publics who struggle to construct and defend basic legal freedoms.

` 995.00

ISBN: 9781107031975

7

570pp

` 1495.00

The Government of Social Life in Colonial India Liberalism, Religious Law, and Women’s Rights Rachel Sturman

From the early days of colonial rule in India, the British established a two-tier system of legal administration. Matters deemed secular were subject to British legal norms, while suits relating to the family were adjudicated according to Hindu or Muslim law, known as personal law. This important new study analyses the system of personal law in colonial India through a re-examination of women’s rights. Focusing on Hindu law in western India, it challenges existing scholarship, showing how – far from being a system based on traditional values – Hindu law was developed around ideas of liberalism, and that this framework encouraged questions about equality, women’s rights, the significance of bodily difference, and more broadly the relationship between state and society. Rich in archival sources, wideranging and theoretically informed, this book illuminates how personal law came to function as an organising principle of colonial governance and of nationalist political imaginations.

8. Support to Nepal’s peace process: the role of the UN mission in Nepal; 9. Electing the constituent assembly; 10. Revolution by other means: the transformation of Nepal’s Maoists; Part III. Regional Dynamics: 11. A yam between two boulders: Nepal, India and China; 12. Bringing the Maoists down from the hills: India’s role; 13. A Nepali perspective on international involvement; Part IV. Conclusions: 14. Conclusions.

ISBN: 9781107659711

Pakistan’s Experience with Formal Law An Alien Justice Osama Siddique

Contents: Introduction; Part I. Economic Governance: 1. Property between law and political economy; 2. The dilemmas of social economy; Part II. The Politics of Personal Law: 3. Hindu law as a regime of rights; 4. Custom and human value in the debates on Hindu marriage; 5. Law, community, and belonging; Conclusion.

ISBN: 9781107038196

Nepal in Transition From People’s War to Fragile Peace Sebastian von Einsiedel, David M. Malone & Suman Pradhan (editors)

310pp

` 895.00

Since emerging in 2006 from a ten-year Maoist insurgency, the ‘People’s War’, Nepal has struggled with the difficult transition from war to peace, from autocracy to democracy, and from an exclusionary and centralized state to a more inclusive and federal one. The present volume, drawing on both international and Nepali scholars and leading practitioners, analyzes the context, dynamics and key players shaping Nepal’s ongoing peace process. While the peace process is largely domestically driven, it has been accompanied by wide-ranging international involvement, including initiatives in peacemaking by NGOs, the United Nations and India, which, throughout the process, wielded considerable political influence; significant investments by international donors; and the deployment of a Security Council-mandated UN field mission. This book shines a light on the limits, opportunities and challenges of international efforts to assist Nepal in its quest for peace and stability and offers valuable lessons for similar endeavors elsewhere.

416pp

` 445.00

Law Reform, in Pakistan attracts such disparate champions as the Chief Justice of Pakistan, USAID, and the Taliban. Common to their equally obsessive pursuit of “speedy justice” is a remarkable obliviousness to the historical, institutional and sociological factors that alienate Pakistanis from their formal legal system. This pioneering book highlights vital and widely neglected linkages between the “narratives of colonial displacement” resonant in the literature on South Asia’s encounter with colonial law and the region’s post-colonial official law reform discourses. Against this backdrop, it presents a typology of Pakistani approaches to law reform and critically evaluates the IFI-funded, single-minded pursuit of “‘efficiency” during the last decade.

Employing diverse methodologies it proceeds to provide empirical support for a widening chasm between popular, at times violently expressed, aspirations for justice and dernocratically deficient reform designed in distant IFI headquarters that is entrusted to the exclusive and unaccountable Pakistani “reform club.”

Contents: List of abbreviations • List of figures • Acknowledgements • Introduction; 1. The hegemony of heritage: the “narratives of colonial displacement” - the absence of the past in Pakistani reform narratives; 2. Law in practice: the Lahore District Courts Survey (2010-2011); 3. Law, crime, context, and vulnerability: the Punjab Crime Perception Survey (2009-2010); 4. Approaches to legal and judicial reform in Pakistan: post-colonial inertia and paucity of imagination in times of turmoil and change; 5. Reform on paper: a postmortem of justice sector reform in Pakistan 1998-2010; 6. Reform nirvanas and reality checks: justice sector reform in Pakistan in the twenty-first century and the monopoly of the “experts”; 7. Toward a new approach; Appendices; Index ISBN: 9781107636279

Contents: 1. Introduction; Part I. The Context: 2. The making of the Maoist insurgency; 3. State power and the security sector: ideologies and interests; 4. Nepal’s failed development; 5. Ethnic politics and the building of an inclusive state; Part II. Critical Transition and the Role of Outsiders: 6. Masala peacemaking; 7. A comprehensive peace?

International human rights monitoring in Nepal; 8

485pp

` 795.00

Jurisprudence Suri Ratnapala

The Health of Nations

Jurisprudence is about the nature of law and justice. It embraces studies and theories from a range of disciplines such as history, sociology, political science, philosophy, psychology and even economics. Why do people obey the law?

How does law serve society? What is law’s relation to morality? What is the nature of rights? This book introduces and critically discusses the major traditions of jurisprudence.

Written in a lucid and accessible style, Suri Ratnapala considers a wide range of views, bringing conceptual clarity to the debates at hand. From Plato and Aristotle to the medieval scholastics, from Enlightenment thinkers to postmodernists and economic analysts of law, this important volume examines the great philosophical debates and gives insight into the central questions concerning law and justice.

Society and Law Beyond the State Philip Allott

The age-old problems of social life - religious, philosophical, moral, political, legal, economic must now be addressed at the level of the whole species, at the level where all cultures and traditions meet and will contribute to an exhilarating and hazardous new form of human self-evolving.

Contents: Preface; Part I. Society and Law: 1. The will to know and the will to power: theory and moral responsibility; 2. The phenomenon of law; 3. Globalization from above: actualizing the ideal through law; 4. The nation as mind politic: the making of the public mind; 5. New enlightenment: the public mind of all-humanity; Part II. European Society and its Law: 6. European governance and the re-branding of democracy; 7. The crisis of European constitutionalism: reflections on a halfrevolution; 8. The concept of European Union: imagining the unimagined; 9. The conversation that we are: the seven lamps of European unity; Part III. International Society and its Law: 10. The concept of international law; 11. International law and the idea of history; 12. Intergovernmental societies and the idea of constitutionalism; 13. International law and the international Hofmafia: towards a sociology of diplomacy; 14. International law and international revolution: re-conceiving the world; Index.

Contents: 1. Introduction; 2. British legal positivism; 3. Germanic legal positivism: Hans Kelsen’s quest for the pure theory of law; 4. Realism in legal theory; 5. Natural law tradition in jurisprudence; 6. Separation of law and morality; 7. Sociological jurisprudence and the sociology of law; 8. Radical jurisprudence: challenges to liberal legal theory; 9. Economic analysis of law; 10. Evolutionary jurisprudence; 11. Fundamental legal conceptions: the building blocks of legal norms; 12. Justice.

ISBN: 9781107606203

The Law of Electronic Commerce Alan Davidson

390pp

` 595.00

Written specifically for legal practitioners and students, this book examines the concerns, laws and regulations involved in Electronic Commerce. In just a few years, commerce via the World Wide Web and other online platforms has boomed, and a new field of legal theory and practice has emerged. Legislation has been enacted to keep pace with commercial realities, cyber-criminals and unforeseen social consequences, but the ever-evolving nature of new technologies has challenged the capacity of the courts to respond effectively. This book addresses the legal issues relating to the introduction and adoption of various forms of electronic commerce. From intellectual property, to issues of security and privacy, Alan Davidson looks at the practical changes for lawyers and commercial parties whilst providing a rationale for the underlying legal theory.

ISBN: 9788175962866

Trade Marks and Brands An Interdisciplinary Critique Lionel Bently, Jennifer Davis & Jane C. Ginsburg (editiors)

Contents: 1. The law of electronic commerce; 2. The rule of cyberspace; 3. Electronic commerce and the law of contract; 4. Shrinkwrap, Clickwrap and Browsewrap contracts; 5. Electronic signatures; 6. Copyright issues in electronic commerce; 7. Electronic commerce – trade marks, patents and circuit layouts; 8. Domain names; 9. Domain name disputes; 10. Uniform domain name dispute resolution policies; 11. Jurisdiction in cyberspace; 12. Defamation in cyberspace; 13. Privacy and data protection in cyberspace; 14. Electronic mail and online presence; 15. National electronic surveillance; 16. Cybercrime; 17. Evidence of electronic records; 18. Censorship - broadcast and online content regulation; 19. An international perspective; Appendices.

ISBN: 9781107606258

438pp

The human world is changing. Old social structures are being overwhelmed by forces of social transformation which are sweeping across political and cultural frontiers. A social animal is becoming the social species. The animal that lives in packs and herds (family, corporation, nation, state...) is becoming a member of a human society which is the society of all human beings, the society of all societies.

452pp

` 695.00

Developments in trade marks law have called into question a variety of basic features, as well as bolder extensions, of legal protection. Other disciplines can help us think about fundamental issues such as: what is a trade mark? What does it do? What should be the scope of its protection? This volume assembles essays examining trade marks and brands from a multiplicity of fields: from business history, marketing, linguistics, legal history, philosophy, sociology and geography. Each chapter pairs lawyers’ and non-lawyers’ perspectives, so that each commentator addresses and critiques his or her counterpart’s analysis. The perspectives of non-legal fields are intended to enrich legal academics’ and practitioners’ reflections about trade marks, and to expose lawyers, judges and policy-makers to ideas, concepts and methods that could prove to be of particular importance in the development of positive law.

Contents: Part I. Legal and Economic History: 1. The making of modern trade mark law: the construction of the legal concept of trade mark (1860–1980); 2. The Making of modern trade mark law: the UK, 1860–1914. A business history perspective; Part II. Current Positive Law in the E.U. and the US: 3. Between a sign

` 595.00 9

and a brand: mapping the boundaries of a registered trade mark in European Union trade mark law; 4. “See me, feel me, touch me, hea[r] me” (and maybe smell and taste me too): I am a trademark - a US perspective; Part III. Linguistics: 5. ‘How can I tell the trade mark on a piece of gingerbread from all the other marks on It?’ Naming and meaning in verbal trade mark signs; 6. What linguistics can do for trade mark law; Part IV. Marketing: 7. Brand culture: trade marks, marketing and consumption; 8. Images in brand culture: responding legally to Professor Schroeder’s paper; Part V. Sociology: 9. Trade mark style as a way of fixing things; 10. The irrational lightness of trade marks: a legal perspective; Part VI. Law and Economics: 11. A law and economics perspective on trade marks; 12. The economic rationale of trademarks: an economist’s critique; Part VII. Philosophy: 13. Trade marks as property: a philosophical perspective; 14. An alternative approach to dilution protection: a response to Scott, Oliver and Ley Pineda; Part VIII. Anthropology: 15. An anthropological approach to transactions involving names and marks, drawing on Melanesia; 16. Traversing the cultures of trade mark sphere: observations on the anthropological approach of James Leach; Part IX. Geography: 17. Geographical indications: not all champagne and roses; 18. (Re)locating geographical indications: a response to Bronwyn Parry.

ISBN: 9780521259309

The Spirit of Hindu Law Donald R. Davis, Jr.

480pp

Hinduism and Law An Introduction Timothy Lubin, Donald R. Davis Jr. & Jayanth K. Krishnan (editors)

Contents: Foreword; List of contributors; Chronology; Map; Introduction; Part I. Hindu Law: 1. An historical overview of Hindu law; 2. Dharmaœâstra: a textual history; 3. Hindu legal practice in premodern India; 4. The creation of Anglo-Hindu law; 5. Marriage and family in colonial Hindu law; 6. Hindu law as personal law; Part II. Law in Ancient and Medieval Hindu Traditions: 7. Hindu jurisprudence and scriptural hermeneutics; 8. Indic conceptions of authority; 9. Sûdra Dharma and legal treatments of caste; 10. Law, literature, and the problem of politics in medieval India; 11. Hindu law as performance: ritual and poetic elements in Dharmasâstra; Part III. Law and Modern Hinduism: 12. Temples, deities, and the law; 13. In the divine court of appeals: vows before the God of justice; 14. Contemporary caste discrimination and affirmative action; 15. Law and Hindu nationalist movements; 16. Legally and politically layered identities: a thumbnail survey of selected Hindu migration patterns from South Asia; Appendices; Glossary; Bibliography.

` 595.00

Law is too often perceived solely as state-based rules and institutions that provide a rational alternative to religious rites and ancestral customs. The Spirit of Hindu Law uses the Hindu legal tradition as a heuristic tool to question this view and reveal the close linkage between law and religion. Emphasizing the household, the family, and everyday relationships as additional social locations of law, it contends that law itself can be understood as a theology of ordinary life. An introduction to traditional Hindu law and jurisprudence, this book is structured around key legal concepts such as the sources of law and authority, the laws of persons and things, procedure, punishment and legal practice. It combines investigation of key themes from Sanskrit legal texts with discussion of Hindu theology and ethics, as well as thorough examination of broader comparative issues in law and religion.

ISBN: 9781107012493

Adjudication in Religious Family Laws Cultural Accommodation, Legal Pluralism, and Gender Equality in India Gopika Solanki

Contents: List of tables; Preface; Acknowledgements; Abbreviations; Introduction (dharmasâstra); 1. Sources and theologies (pramâna); 2. Hermeneutics and ethics (mîmâmsâ); 3. Debt and meaning (rna); 4. Persons and things (svatva); 5. Doubts and disputes (vyavahâra); 6. Rectitude and rehabilitation (danda); 7. Law and practice (âcâra); Conclusion; Bibliography; Index.

ISBN: 9781107005617

206pp

Covering the earliest Sanskrit rulebooks through to the codification of ‘Hindu law’ in modern times, this interdisciplinary volume examines the interactions between Hinduism and the law. The authors present the major transformations to India’s legal system in both the colonial and post colonial periods and their relation to recent changes in Hinduism.

Thematic studies show how law and Hinduism relate and interact in areas such as ritual, logic, politics, and literature, offering a broad coverage of South Asia’s contributions to religion and law at the intersection of society, politics and culture. In doing so, the authors build on previous treatments of Hindu law as a purely text-based tradition, and in the process, provide a fascinating account of an often neglected social and political history.

` 795.00 10

320pp

` 895.00

How do multireligious and multiethnic societies construct accommodative arrangements that can both facilitate cultural diversity and ensure women’s rights? Based on a rich ethnography of adjudication of marriage and divorce across formal and informal areas in Mumbai, this book argues that the shared adjudication model in which the state splits its adjudicative authority with religious groups and other societal sources in the regulation of marriage can potentially balance cultural rights and gender equality. In this model, the ideologically diverse lay, civic, and religious sources of legal authority construct, transmit, and communicate heterogeneous notions of the conjugal family, gender relations, and religious membership within the interstices of state and society. In so doing, they fracture the homogenized religious identities grounded in hierarchical gender relations within the conjugal family. The shared adjudication model facilitates diversity as it allows the construction of hybrid religious

Sharia

identities, creates fissures in ossified group boundaries, and provides institutional spaces for ongoing intersocietal dialog. In this pluralized legal sphere, individual and collective legal mobilization by women spurs law reform and paves the way toward formal and substantive gender equality.

Theory, Practice, Transformations Wael B. Hallaq

Contents: 1. Introduction; 2. The shared adjudication model: theoretical framework and arguments; 3. State law and the adjudication process: marriage, divorce, and the conjugal family in Hindu and Muslim personal law; 4. Making and unmaking the conjugal family: the administration of Hindu law in society; 5. Juristic diversity, contestations over ‘Islamic law’ and women’s rights: regulation of matrimonial matters in Muslim personal law; 6. Conclusion.

ISBN: 9781107023895

An Introduction to Islamic Law Wael B. Hallaq

403pp

` 1495.00

Contents: Part I. The Pre-Modern Tradition: 1. The formative period; 2. Legal theory: epistemology, language, and legal reasoning; 3. Legal education and the politics of law; 4. Law and society; 5. The circle of justice and later dynasties; Part II. The Law: An Outline: 6. Legal pillars of religion; 7. Contracts and other obligations; 8. Family law and succession; 9. Property and ownership; 10. Offenses; 11. Jihad; 12. Courts of justice, suits and evidence; Part III. The Sweep of Modernity: 13. The conceptual framework: an introduction; 14. The jural colonization of India and SouthEast Asia; 15. Hegemonic modernity: the Middle East and North Africa during the nineteenth and early twentieth century; 16. Modernizing the law in the age of nationstates; 17. In search of a legal methodology; 18. Repercussions: concluding notes.

The study of Islamic law can be a forbidding prospect for those entering the field for the first time. Wael Hallaq, a leading scholar and practitioner of Islamic law, guides students through the intricacies of the subject in this absorbing introduction. The first half of the book is devoted to a discussion of Islamic law in its pre-modern natural habitat. The second part explains how the law was transformed and ultimately dismantled during the colonial period.

In the final chapters, the author charts recent developments and the struggles of the Islamists to negotiate changes which have seen the law emerge as a primarily textual entity focused on fixed punishments and ritual requirements. The book, which includes a chronology, a glossary of key terms, and lists of further reading, will be the first stop for those who wish to understand the fundamentals of Islamic law, its practices and history.

ISBN: 9780521180337

Contents: Introduction; Part I. Tradition and Continuity: 1. Who’s who in the Shari’a; 2. The law: how is it found?; 3. The legal schools; 4. Jurists, legal education and politics; 5. Shari’a’s society; 6. Pre-modern governance: the circle of justice; Part II. Modernity and Ruptures: 7. Colonizing the Muslim world and its Shari’a; 8. Modernizing the law in the age of nation states; 9. State, ulama and Islamists; 10. Shari’a then and now: concluding notes.

ISBN: 9780521127943

208pp

In recent years, Islamic law, or Shari’a, has been appropriated as a tool of modernity in the Muslim world and in the West and has become highly politicised in consequence. Wael Hallaq’s magisterial overview of Shari’a sets the record straight by examining the doctrines and practices of Islamic law within the context of its history, and by showing how it functioned within pre-modern Islamic societies as a moral imperative. In so doing, Hallaq takes the reader on an epic journey tracing the history of Islamic law from its beginnings in seventh-century Arabia, through its development and transformation under the Ottomans, and across lands as diverse as India, Africa and South-East Asia, to the present. In a remarkably fluent narrative, the author unravels the complexities of his subject to reveal a love and deep knowledge of the law which will inform, engage and challenge the reader.

Between God and the Sultan A History of Islamic Law Knut S. Vikor

` 395.00

624pp

` 795.00

Knut S. Vikor aims in this book to introduce the development and practice of Islamic law to a wide readership: students, lawyers and the growing number of those interested in Islamic civilization. He summarises the main concepts of Islamic jurisprudence, discusses debates concerning the historicity of Islamic sources of dogma and the dating of early Islamic law; describes the classic practice of the law, in the formulation of legal rules and practice in the courts; and sets out various substantive legal rules, on such vital matters as the family and economic activity.

Contents: Preface; Introduction: Does Islamic Law Exist?; Part I The Theory of the Law; From Practice to Method; The Koran and Sunna as Sources; Elaborating the Sources: Qiyas and Ijtihad; Getting Social Sanction: Ijma and Authorization; Part II The Application of the Law; The Four Schools of Law; Law Beyond the Four Schools; The Court and the Law: the Muftis and Legal Development; The Court and its Judge: the Role of the Qadi; Part III The

11

History of the Law; The Court and the State; Law and Courts in the Ottoman Empire; Islamic Law in the Modern Period; Implementing the Shari’a; Part IV Some Areas of the Law; Criminal Law; Family Law; Economy, taxes and property; Conclusion; Glossary; Bibliography; Index ISBN: 9781850657385

398pp

Law like Love Queer Perspectives on Law Arvind Narrain & Alok Gupta (editors)

` 895.00

HURST

Colonial Justice in British India White Violence and the Rule of Law Elizabeth Kolsky

Colonial Justice in British India describes and examines the lesser-known history of white violence in colonial India. By foregrounding crimes committed by a mostly forgotten cast of European characters – planters, paupers, soldiers and sailors – Elizabeth Kolsky argues that violence was not an exceptional but an ordinary part of British rule in the subcontinent.

Despite the pledge of equality, colonial legislation and the practices of white judges, juries and police placed most Europeans above the law, literally allowing them to get away with murder. The failure to control these unruly whites revealed how the weight of race and the imperatives of command imbalanced the scales of colonial justice. In a powerful account of this period, Kolsky reveals a new perspective on the British Empire in India, highlighting the disquieting violence that invariably accompanied imperial forms of power.

Contents: Series Editor’s Foreword; Introduction; Acknowledgements; I. Conceptualizing Queer Politics of Law; 1. Queering Democracy; 2. Ordering Justice, Fixing Dreams; 3. Queer in the time of Terror; 4. Recovering the ‘Body’; 5. The Razor’s Edge of Oppositionality; II. Section 377 and its Politics; 6. The Presumption of Sodomy; 7. Section 377 and the Retroactive Consolidation of ‘Homophobia’; 8. The social lives of 377; 9. Gender Queer Perspectives; III. NAZ Foundation V. NCR. Delhi; 10. Dignity in and with NAZ; 11. A new Language of Morality’ 12. Reading Swaraj into Article 15 - A New Deal for all; 13. Navigating the Noteworthy and Nebulous in NAZ; IV. Re-Thinking Family Law; 14. Queer Women and the Law in India; 15. Democratizing Marriage; 16. Liberating Marriage; 17. Possession is 9/10ths of the body; V. Politics of Pleasure; 18. The state of Desire and Other Flights of Fantasy; 19. Pulp Frictions; 20. ‘I’m only here to do Masti’; VI. Queer Experience of the Law; 21. The moral order of Blackmail; 22. Song for Pushkin; 23. Property as Selfhood; 24. Persecuting Difference; 25. Crisis Intervention by LesBIT; 26. ‘Celebration of Perversion’; 27. Me, My Mother and Many ways of Imagining this ‘Fucking Law in Place’; 28. Striving for Magic in the ‘City of Words’; Notes on Editors and Contributors

Contents: List of figures; List of maps; List of tables; Acknowledgements; Glossary; Introduction; 1. White peril: law and lawlessness in early colonial India; 2. Citizens, subjects and subjection to law: codification and the legal construction of racial difference; 3. ‘Indian human nature’: evidence, experts, and the elusive pursuit of truth; 4. ‘One scale of justice for the planter and another for the coolie’: law and violence on the Assam tea plantations; 5. ‘A judicial scandal’: the imperial conscience and the race against empire; Conclusion; Bibliography; Index.

ISBN: 9780521190787

266pp

With the landmark Delhi High Court victory in July 2009, sexuality and the law entered mainstream, legal and public discourse in India inviting both celebration and resistance. How do we understand this conversation? The July judgement stands on the shoulders of a much longer history, argue the writers in this contemporary and critical volume on queering the law. A longer history that shapes, unsettles and challenges both legal and queer histories and begins new conversations on the intersections between bodies, politics, activism, sexuality, identity and law. Some playful, some critical and others reflective and irreverent, this unique collection of pieces brings the life, structures and institutions of law alive and shine with relevance in the contemporary moment.

` 895.00 ISBN: 9789380403144

650pp

YODA PRESS

12

` 650.00

Nine Degrees of Justice New Perspectives on Violence Against Women in India Bishakha Datta (editor)

From an early focus on rape, dowry and sati, feminist struggles against violence on women in India have traversed a wide terrain to include issues that were invisible in the1980s. In Nine Degrees of Justice, second- and thirdgeneration feminists share their perceptions on violence against women through a series of thought-provoking essays that establish that justice for women has not even reached double digit figures (hence nine degrees). Has using the law led to justice for women who face violence? What does ‘justice’ mean for an individual survivor? How can we address violence in public spaces and cyberspace without demonizing either? How do women in armed conflict move from being victims to actors? How can we start to speak about lesbian suicides and violence among women loving women? How do we ensure that women have a ‘right to choose’ when love is seen as a crime? Is prostitution a form of violence against women? What is the violence of stigma? And who is a ‘woman’ deserving representation from the women’s movement?

GENERAL BOOKS International Legal English A course for classroom or self-study use Second Edition Amy Krois-Lindner & TransLegal

NEW

Contents: Introduction; 1. This Thing Called Justice: Engaging with Laws on Violence against Women in India; 2. An Intimate Dilemma: Anti-Domestic Violence Activism among Indians in the United States of America; 3. If Women Could Risk Pleasure: Reinterpreting Violence in Public Space; 4. Untangling the Web: The Internet and Violence against Women; 5. Invisible Yet Entrapping: Confronting Sexual Harassment at the Workplace; 6. From Roop Kanwar to Ramkumari: The Agitation against Widow Immolation; 7. Anatomy of a Suicide; 8. Criminalizing Love, Punishing Desire; 9. ‘Performing Sexuality’; Cultural Transgressions and the Violence of Stigma in the Glamour Economy; 10. Her Body, Your Gaze: Prostitution, Violence , and Ways of Seeing; 11. River Song; 12. What Poetry Means to Ernestina in Peril; Notes on Contributors ISBN: 9788189884505

300pp

International Legal English is the definitive course for learners who work or are preparing to work in the international legal community.

Thoroughly revised and updated, the second edition of this best-selling course is suitable for classroom use or self-study and teaches language learners how to use English in a commercial law environment.

This new edition includes: • a brand new unit on Transnational Commercial Law • three new authentic case studies • a fully-updated pull-out glossary • a new sample ILEC test paper Additionally, online task-based exercises at the end of every unit of the book will help improve student’s ability to conduct web-based research.

International Legal English Second edition is also ideal preparation for the International Legal English Certificate (IELC), with exam practice tasks and exam tips included in the coursebook. For an additional sample ILEC test paper, teaching resource and more information about the course, visit the website at: www.cambridge.org/elt/ile2 Course components: • Student’s Book with Audio CDs (3) Contents: 1: The practice of law; 2: Company law: company formation and management; 3: Company law: capitalisation; 4: Company law: fundamental changes in a company; 5 : Contracts: contract formation; 6 : Contracts: remedies; 7: Contracts: assignment and thirdparty rights; 8: Employment law; 9: Sale of goods; 10: Real property law; 11: Intellectual property; 12: Negotiable Instruments; 13: Secured transactions; 14: Debtor-creditor; 15: Competition law; 16: Transnational commercial law • Exam focus • ILEC practice test • Audio transcripts • Role cards • Answer key • Index • Acknowledgements

` 695.00

ZUBAAN

PB + 3 Audio CDs ISBN: 9781107644793 336pp

13

` 425.00

Professional English in Use Law Gillian D. Brown & Sally Rice

English for Law

Suitable for upper-intermediate to advanced students, Professional English in Use Law contains 45 units covering a wide variety of legal vocabulary. Topics include corporate and commercial law, liability, real property law, employment law, information technology, contract law and intellectual property. The book also introduces general legal vocabulary related to legal systems, the legal professions and the functional language lawyers need in their daily working lives. Primarily designed as a self-study reference and practice book, it can also be used for classroom work and one-to-one lessons. Professional English in Use Law has been developed using authentic legal context, texts, and documents.

M.A. Yadugiri & Geetha Bhasker

Key features: • Use of authentic texts on law and related areas to develop proficiency in reading • Glossary of the technical terms used in the text • Extensive practice exercises on vocabulary, grammar and usage • Answer key to facilitate self-study • Teacher’s notes that explain the purposes of each activity

Contents: Thanks and Acknowledgments; Introduction; The Legal System; 1. Legal systems; 2. Sources of law: legislation; 3. Sources of law: common law; 4. The court system; 5. Criminal justice and criminal proceedings; 6. Civil procedure; 7. Tribunals; 8. European Union law; Legal Professionals; 9. Solicitors; 10. Barristers; 11. Working lives; 12. Judges; 13. A law firm’s structure and practice; Legal Professionals in Practice; 14. Client care procedures; 15. Money laundering procedures; 16. Client correspondence; 17. Explanations and clarification; 18. Legalese; Law in Practice; 19. Business Organisations; 20. Formation of a company; 21. Raising capital by share sale; 22. Debt financing: secured lending; 23. Company directors and company secretaries; 24. Insolvency and winding up; 25. Alternative dispute resolution; 26. Corporation tax; 27. Mergers and acquisitions; 28. Anti-competitive behavior; Liability; 29. Tort1: personal injury claim; 30. Tort 2: clinical negligence; Contract; 31. Forming a contract 1; 32. Forming a contract 2; 33. Structure of a commercial contract; 34. Express and implied terms; 35. Exclusion, limitation and standard clauses; 36. Privity of contract, discharge, and remedies; 37. Standard terms in the sale and supply of goods; 38. Licensing agreements and computer programs; 39. Commercial leases; 40. Buying and selling commercial property; 41. Employment Law; Intellectual Property: 42. Copyright and Patent; 43. Trade marks, domain names, and remedies for IP infringement; Information Technology Law: 44. Information technology law and cybercrime; Environmental Law; 45. Environmental law; Answer key; Index.

IBSN: 9780521736404

128pp

Knowledge of legal language and the ability to use it effectively are essential requirements for students who have chosen to study law. English for Law, a comprehensive course in English specially prepared for undergraduate students of law, aims to train students in both these aspects.

Contents: A Note to the Student; Notes to the Teacher; 1. Nature of Law; 2. Crimes and Civil Wrongs; 3. Command of Language in the Profession of the Law; 4. Plain Language and the Law; 5. The Indian Constitution; 6. The Impact of Technology on the Practice of Law; 7. The International Court of Justice; 8. Application of Precedents; 9. Statutory Interpretation; 10. Legal Reasoning; 11. Plaints and Writs; 12.Judgment; 13. Of Defamation; 14. Consumer Protection (Amendment) Act, 1993; 15. The Information Technology Act, 2000; 16. Universal Declaration of Human Rights; Answer Key. ISBN: 9788175962583 *Prices are subject to change without notice.

` 225.00

14

590pp

` 395.00

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140.00

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Dispute Settlement Reports 2012: Volume 4: Pages 1835-2446

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Dispute Settlement Reports 2012: Volume 7:Pages 3293-3930

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Dispute Settlement Reports 2012: Volume 12: Pages 6249-6772

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Dispute Settlement Reports 2012: Volume 13: Pages 6773-7260

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Domestic Politics and International Human Rights Tribunals

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Dressing Constitutionally

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Emerging Challenges in Privacy Law

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English Civil Justice after the Woolf and Jackson Reforms

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EU External Relations Law

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European States and their Muslim Citizens

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European Union Internal Market Law (HB)

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European Union Law

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Evolution of International Environmental Regimes

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Global Justice and International Economic Law

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Guantánamo and Beyond

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Hong Kong’s Court of Final Appeal

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Human Rights in the Constitutional Law of the United States

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Inside Lawyers’ Ethics, 2 Ed.

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Intellectual Property and the Common Law

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Intellectual Property at the Edge

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Intellectual Property, Indigenous People and their Knowledge

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International Commercial Contracts (HB)

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International Commercial Contracts (PB)

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International Human Rights Law (HB)

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International Human Rights Law (PB)

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International Law and the Arctic

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International Law Reports: Volume 153

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International Law Reports: Volume 155

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International Law Reports: Volume 156

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International Sales Law

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Internet Privacy Rights

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Investment Law within International Law

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Shetreet

Judges on Trial

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Jus Post Bellum and Transitional Justice

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Justice through Apologies (HB)

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Law and Development of Middle-Income Countries

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Law and Language

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Law and Legal Process

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Law and the Formation of Modern Europe

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Lawyering for the Rule of Law

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Legal and Economic Principles of World Trade Law

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Legal Emblems and the Art of Law

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Legal Resolution of Nuclear Non-Proliferation Disputes

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Liberalization of Trade in Banking Services

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Liberalizing International Trade after Doha

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Litigating International Law Disputes

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Medical Law and Medical Ethics

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Modern Legal Drafting, 3 Ed.

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Modern Treaty Law and Practice

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Nationalism and the Rule of Law

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Nature’s Trust

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On Dissent

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Peace Diplomacy, Global Justice and International Agency

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Popular Governance of Post-Conflict Reconstruction

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Practising Self-Government

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Jacob

Precedents and Case-Based Reasoning in the European Court of Justice

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Zwier

Principled Negotiation and Mediation in the International Arena

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Oppong

Private International Law in Commonwealth Africa

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Barker

Private Law

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The Bar of Brussels

Professional Secrecy of Lawyers in Europe

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Promoting the Rule of Law in Post-Conflict States

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Proportionality and Constitutional Culture

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Proportionality and the Rule of Law

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Redefining Human Rights in the Struggle for Peace and Development

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Referendums and the European Union

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Religion, Charity and Human Rights

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Religion, Law and Society

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Religious Offence and Human Rights

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Research Methods in Conflict Settings

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Resocialising Europe in a Time of Crisis

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Resolving Land Disputes in East Asia

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Rethinking the Union of Europe Post-Crisis

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Rights for Others

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Rule of Law for Nature

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Schemes of Arrangement

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Seeking Human Rights Justice in Latin America

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Social and Political Foundations of Constitutions

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Socio-Economic Rights in South Africa

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Srebrenica in the Aftermath of Genocide

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Stanley Fish on Philosophy, Politics and Law

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State Responsibility

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Sustainable Development, International Criminal Justice, and Treaty Implementation

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Teaching Law

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The Allocation of Regulatory Competence in the EU Emissions Trading Scheme

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The Anatomy of Human Rights in Israel

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The Cambridge Handbook of Human Dignity

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The Common Law Constitution

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The Constitution and the Future of Criminal Justice in America

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The Construction of Property

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The Cosmopolitan First Amendment

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The Delimitation of the Continental Shelf between Denmark, Germany and the Netherlands

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The European Union’s Shaping of the International Legal Order

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The Eurozone Crisis

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The Fourteenth Amendment and the Privileges and Immunities of American Citizenship

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The Geneva Consensus

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The Global Body Market

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The Global Reach of European Refugee Law

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The Legitimacy of International Human Rights Regimes

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The Moral Challenge of Dangerous Climate Change

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The OECD Convention on Bribery

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The Origins of International Investment Law

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The Power of Habeas Corpus in America

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The Punisher’s Brain

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The Right to Health at the Public/Private Divide

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The Rise of Gay Rights and the Fall of the British Empire

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The Sierra Leone Special Court and its Legacy

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The Transformation of European Private Law

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The UNHCR and the Supervision of International Refugee Law

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The Worlds of the Trust

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Towards the Development of the International Penal System

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Transitional Justice in the Asia-Pacific

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Transnational Law

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Trust Law in Asian Civil Law Jurisdictions

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Unravelling Tort and Crime

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Weapons Under International Human Rights Law

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Women’s Human Rights

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Lim

WTO Domestic Regulation and Services Trade

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18

Index A

Human Rights and Law .............................................................................. 3

Adjudication in Religious Family Laws ..................................................... 10

I

Allott, Philip ................................................................................................. 9

Inside Lawyers’ Ethics ................................................................................ 3

An Introduction to International Criminal Law and Procedure ................... 2

International Human Rights Law ................................................................ 3

An Introduction to Islamic Law ................................................................. 11

International Law from Below ..................................................................... 2

Andrews, Neil ...........................................................................................4

International Law ........................................................................................ 1

B

International Legal English ....................................................................... 13

Bently, Lionel .............................................................................................. 9

J

Between God and the Sultan ................................................................... 11

Jurisprudence ............................................................................................. 9

Bhasker, Geetha ....................................................................................... 14

K

Bloomfield, Stephen ................................................................................... 5 Brown, Gillian D. .....................................................................................14

Karpik, Lucien ............................................................................................ 7

Bussani, Mauro ........................................................................................... 6

Kolsky, Elizabeth ...................................................................................... 12

Butt, Peter ................................................................................................... 4

Krishnan, Jayanth K. ................................................................................ 10 Krois-Lindner, Amy ................................................................................... 13

C

L

Cartel Regulation ........................................................................................ 5 Castle, Richard ..........................................................................................4

Law like Love ............................................................................................ 12

Chander, Anupam ....................................................................................... 5

Lubin, Timothy .......................................................................................... 10

Chivvis, Christopher S. ............................................................................... 1

M

Colonial Justice in British India ................................................................12

Mallampalli, Chandra .................................................................................. 7

Contract Law .............................................................................................4

Malone, David M. ...................................................................................... 8

Criminal Law and Procedure .....................................................................1

Mattei, Ugo ................................................................................................. 6

Cryer, Robert .............................................................................................2

Modern Legal Drafting ................................................................................ 4

Cyber Warfare and the Laws of War .........................................................6

N

D

Narrain, Arvind .......................................................................................... 12

Dam, Shubhankar ....................................................................................... 4

Nepal in Transition ...................................................................................... 8

Dasgupta, Lovely ........................................................................................ 5

Nine Degrees of Justice ........................................................................... 13

Datta, Bishakha ........................................................................................13

P

Davidson, Alan ............................................................................................ 9

Pahuja, Sundhya ........................................................................................ 1

Davis, Jennifer ............................................................................................ 9

Pakistan’s Experience with Formal Law .................................................... 8

Davis, Jr., Donald R. ................................................................................. 10

Parker, Christine ......................................................................................... 3

De, Schutter, Olivier ................................................................................... 3

Piracy in the Indian Film Industry ............................................................... 5

Decolonising International Law .................................................................. 1

Pradhan, Suman ........................................................................................ .8

Dinniss, Heather Harrison .......................................................................... 6

Presidential Legislation in India .................................................................. 4

E

Professional English in Use Law .............................................................. 14

English for Law ......................................................................................... 14

R

Evans, Adrian ............................................................................................. 3

Race, Religion and Law in Colonial India .................................................. 7

F

Rajagopal, Balakrishnan ............................................................................ 2

Fates of Political Liberalism in the British Post-Colony ............................. 7

Ratnapala, Suri ........................................................................................... 9

Feeley, Malcolm M. .................................................................................... 7

Rice, Sally ................................................................................................. 14

Friman, Hakan ............................................................................................ 2

Robinson, Darryl ......................................................................................... 2

G

S

Ginsburg, Jane C. ...................................................................................... 9

Sadeghi, Behnam ....................................................................................... 6

Gupta, Alok ............................................................................................... 12

Scaria, Arul George .................................................................................... 5

H

Sharia ....................................................................................................... 11

Hallaq , Wael B. ........................................................................................ 11

Shaw, Malcolm N. ....................................................................................... 1

Halliday, Terence C. .................................................................................... 7

Siddique, Osama ........................................................................................ 8

Hinduism and Law .................................................................................... 10

Solanki, Gopika ........................................................................................ 10 Sturman, Rachel ........................................................................................ 8

19

T

V

The Cambridge Companion to Comparative Law ...................................... 6

Vikor, Knut S. ............................................................................................ 11

The Electronic Silk Road ............................................................................ 5

Von Einsiedel, Sebastian ............................................................................ 8

The Government of Social Life in Colonial India ........................................ 8

W

The Health of Nations ................................................................................. 9

Wilmshurst, Elizabeth ................................................................................. 2

The Law of Electronic Commerce .............................................................. 9 The Law-Making Process ........................................................................... 6

Y

The Logic of Law Making in Islam .............................................................. 6

Yadugiri, M.A ............................................................................................ 14

The Spirit of Hindu Law ............................................................................ 10

Z

Theory and Practice of Corporate Governance ......................................... 5

Zander, Michael .......................................................................................... 6

Tiwari, Ramesh Kumar ............................................................................... 3 Toppling Qaddafi ......................................................................................... 1 Trade Marks and Brands ............................................................................ 9 TransLegal ................................................................................................ 13

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