Edinburgh up law 2016

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2016

Law


Law Philosophy of Law & Jurisprudence 4

Classical Chinese Law 18

Edinburgh Studies in Law 9

Energy Law 19

Scots Law 11

Practical Guides 21

European Law 15

Student Textbooks 22

Islamic Law 16

Edinburgh Law Essentials 24

Roman Law 17

Journals 30

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Contacts

Commissioning Editor Marketing Manager John Watson Naomi Farmer John.Watson@eup.ed.ac.uk Naomi.Farmer@eup.ed.ac.uk Cover image: Shutterstock 2

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INTRODUCTION

new edition

forthcoming

A message from John Watson, Commissioning Editor for Law at Edinburgh University Press

This summer, we’re particularly proud to present Delivering Energy Law and Policy in the EU and the US: A Reader, edited by Raphael J. Heffron and Gavin F. M. Little (page 19). This hefty book contains over 120 chapters by energy experts from the US, EU and beyond on how best to achieve energy policy objectives. Our philosophy of law strain continues to grow. The Encounters in Law and Philosophy series is welcoming two new volumes (page 4). We also have a new edition of Philosophy of International Law by Anthony Carty (page 6) and two new monographs: Levinas, Ethics and Law by Matthew Stone and Evidence and Proof: Volume 1: Context and Critique by Donald Nicolson (page 7). If legal history is your thing, don’t miss Cicero’s Law: Rethinking Roman Law of the Late Republic edited by Paul J. du Plessis (page 17), and you might be intrigued by In Search of the Way: Legal Philosophy of the Classic Chinese Thinkers by Wejen Chang (page 18).

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To round off, the Edinburgh Studies in Law series continues our dedication to scholarly excellence (page 9) and a host of new editions in the Edinburgh Law Essentials series will keep you and your students abreast of the big ideas – without the big reading (page 24). These are just a few highlights in this packed catalogue, and we’re announcing more books all the time. You can keep up-to-date with our publishing, request inspection copies for your teaching and more on our new website: edinburghuniversitypress.com/law Would you like to publish a book with us? To submit your proposal or have a chat about your project, send me an email: John.Watson@eup.ed.ac.uk. .

John Watson

Commissioning Editor for Law Edinburgh University Press Law

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Philosophy of Law & Jurisprudence

SERIES

Encounters in Law and Philosophy Series Editors: Thanos Zartaloudis, University of Kent, and Anton Schutz, Birkbeck, University of London This series interrogates, historically and theoretically, the encounters between philosophy and law. Each volume takes a unique approach and challenges traditional systemic approaches, expanding the legal mind’s imagination in today’s rapidly changing intellectual and legal landscape. See the full series online: https://edinburghuniversitypress.com/series/enlp

On the Idea of Potency Juridical and Theological Roots of the Western Cultural Tradition Emanuele Castrucci, University of Sienna new

A critique of the metaphysical concept of power and potency in the history of Western jurisprudence Sweeping through the history of Western philosophy of law, Emanuele Castrucci deals with the metaphysical idea of potency as defined by Spinoza and Nietzsche, upsetting entrenched theories of jurisprudence.

July 2016 160 pages Pb 978 1 4744 1185 1 £19.99 Hb 978 1 4744 1184 4 £60.00 ebook

Castrucci first addresses how the idea of potency can change the meaning of the power ascribed to an omnipotent God. This brings together classical Greek philosophy with Jewish biblical exegesis, which Castrucci links through the juncture of Christianity. He then relates potency to the classical philosophical tradition in Aristotle’s Metaphysics and its Arabic interpretations, particularly Ibn Rushd’s (Averroës). This leads us to the genesis of natural law theory in Western philosophy, from Augustine to Aquinas and from Duns Scotus to Ockham. Moving on, Castrucci examines the inherently problematic concept of political theology, pitting Spinozan–Nietzschean potency against Kant and Enlightenment natural law to reveal the weaknesses inherent in the Enlightenment system. Finally, Castrucci applies the theories of Carl Schmitt to the philosophical rationalism of the Western tradition, showing us how it has failed to contain absolute power in a juridical sense.

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SERIES

Philosophy of Law & Jurisprudence Political Theology

forthcoming

Demystifying Universality’s Immaculate Conception Anton Schütz and Marinos Diamantides, both Birkbeck, University of London Targets the widespread secularisation thesis and provides potential alternatives to it

March 2017 160 pages Pb 978 0 7486 9777 9 £24.99 Hb 978 0 7486 9776 2 £70.00 ebook

Anton Schütz and Marinos Diamantides outline how the thesis of secularisation commands ethical and moral standards that seem paradoxical to its sense and character. They argue for a Western-inclusive, rather than Western-exclusive, take on what could be called ‘anthropology’. The popular modern hope has been that secularisation in the legal and political domains will simultaneously settle modernity’s scores with religion and uphold the ethical aspirations of religion. This conundrum concerns both liberal (depoliticising) and egalitarian (re-politicising) views of law. They argue that the consensus on secularisation has failed to offer a satisfactory solution and this is unlikely to change.

STASIS Civil War as a Political Paradigm bestseller

Giorgio Agamben, European Graduate School Translated by Nicholas Heron, University of Queensland Investigates the ongoing warfare between European state power and its most malignant enemy: civil war itself

July 2015 64 pages Pb 978 1 4744 0307 8 £11.99 Hb 978 1 4744 0153 1 £40.00 ebook

Giorgio Agamben shows you that the survival of the state is depends on its ability to preserve the political community from factional enmity. Agamben investigates first the classical Athenian theme of ‘stasis’ – the city’s struggle against internal revolt. He then turns to a new reading of Hobbes’ Leviathan and its approach to the peril of the early modern English Commonwealth’s exposure to civil strife, division and revolution. At the heart of this book is the issue of state powers in their continuous decline – an issue that is key to the renewal of political, philosophical and legal thought.

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Philosophy of Law & Jurisprudence Philosophy of International Law new edition

2nd Edition Anthony Carty, University of Aberdeen A fundamental challenge to the foundations of the discipline of international law

January 2017 272 pages Pb 978 0 7486 7551 7 £29.99 Hb 978 0 7486 7550 0 £90.00 1st Edition: 2007 Hb 978 0 7486 2255 9 £100.00 ebook

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Anthony Carty offers an internal critique of the discipline of international law whilst showing the necessary place for philosophy in it. By reintroducing philosophy into the heart of the study of international law, he explains how traditional philosophy has always been an integral part of the discipline. However, this has been driven out by legal positivism, which has, in turn, become a pure technique of law. He explores the extent of the disintegration and confusion in the discipline and offers various ways of renewing philosophical practice. By covering a range of approaches – post-structuralism, neo-Marxist geopolitics, social-democratic constitutional theory and existential phenomenology – this book will help you to think afresh about how to bring order to, and find order in, contemporary international society. New for this edition • A revised historical introduction, illustrating the significance of late scholastic natural law for the shaping of the beginnings of international law • Explains the gradual dominance of legal positivism and pragmatism or professionalism for the contemporary international law scene • Debates international law and its application in legal practice and legal personality, the scope of rightful self-defence and use of force • Explores various philosophical approaches to international legal order at the moment, such as the analytical school, law and economics, social democratic and Marxist notions of development • Uses a newly combined phenomenological, natural law approach • Also works in an Asian-Confucian context

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Philosophy of Law & Jurisprudence Levinas, Ethics and Law Matthew Stone, University of Essex

NEW

A provocative account of how Levinas’ ethics can help us understand our relationship with law

July 2016 160 pages Hb 978 1 4744 0076 3 £70.00 ebook

Levinas has been read, variously, as a theorist of judicial activism, a champion of radical human rights, an illuminator of the inner soul of private law and a proponent of natural law theory. Matthew Stone asks what unites such apparently disparate applications of Levinas’ ideas about law and, in doing so, explores the ethical challenge of law’s relationship with ‘the Other’. Stone ultimately offers a sceptical conclusion on the capacity of such an ethics to be invested in legal institutions and instead proposes that Levinas’ ethics should be embodied in the perpetual critique of law.

Evidence and Proof

Donald Nicolson

forthcoming

Volume 1: Context and Critique Donald Nicolson, University of Strathclyde Looks at the non-legal dimensions of evidence and proof through the lens of legal philosophy

Evidence and Proof Volume 1: Context and Critique

August 2017 336 pages Pb 978 1 4744 1200 1 £45.00 Hb 978 1 4744 1199 8 £140.00 ebook

Donald Nicolson sets the elements of evidence and proof against a long tradition of legal philosophy. Whether you are studying evidence, legal philosophy or legal history, you will discover why we have the evidence and proof laws we do. • A broad contextual approach that sets evidence against a modern backdrop of historical and legal thought • Suitable for an international readership – not tied to one jurisdiction or legal system • The first in a two-volume set on evidence and proof

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Philosophy of Law & Jurisprudence Latour and the Passage of Law Edited by Kyle McGee, Law Practitioner and Independent Scholar 13 essays explore Bruno Latour’s legal theory from a variety of disciplinary perspectives Contributors Bruno Latour • Cédric Moreau de Bellaing • David S. Caudill • David Saunders • Faith E. Barter • François Cooren • Graham Harman • Kyle McGee • Laurent de Sutter • Mariana Valverde • Niels van Dijk • Serge Gutwirth October 2015 368 pages 1 b&w illustration Critical Connections Hb 978 0 7486 9790 8 £70.00 ebook

Lord Kames Legal and Social Theorist Andreas Rahmatian, University of Glasgow Re-establishes the importance of the ideas and legal philosophy of Scottish jurist and philosopher Lord Kames Andreas Rahmatian explains Kames’ conceptions of legal philosophy, including black-letter law, legal science, legal theory, legal sociology and anthropology in its early stages, setting them in the context of the Scottish Enlightenment. He looks at how Kames came to be one of the forefathers of comparative law, sociology of law, legal psychology and ‘legal science’ in its proper meaning, as opposed to ‘law’. May 2015 384 pages

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Constitutional Violence

Deleuze and Law

Legitimacy, Democracy and Human Rights

Edited by Laurent de Sutter and Kyle McGee

Antoni Abat i Ninet 2014 192 pages Pb 978 0 7486 7538 8 £24.99 2013 Hb 978 0 7486 6954 7 £70.00 ebook

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2012 224 pages Pb 978 0 7486 4413 1 £26.99 Hb 978 0 7486 4414 8 £100.00 ebook


SERIES Edinburgh Studies in Law Edinburgh Studies in Law Series Editor: Elspeth Reid, University of Edinburgh Published in association with the Edinburgh Law Review Trust, Edinburgh Studies in Law is a forum for high-quality academic writing on contemporary private and public substantive law, legal theory and legal history. Find out more: https://edinburghuniversitypress.com/series/esil

Reassessing Legal Humanism and its Claims Petere Fontes? Edited by Paul J. du Plessis, University of Edinburgh, and John W. Cairns, University of Edinburgh 14 essays fundamentally reassess the impact of legal humanism on European legal history

December 2015 408 pages Hb 978 1 4744 0885 1 £60.00 ebook

Building on the groundbreaking work by Douglas Osler, who has been critical of the traditional narratives, this volume interrogates the orthodox views regarding legal humanism and its legacy. Contributors Alain Wijffels • Bernard Stolte • David Ibbetson • Douglas J. Osler • Éva Jakab • Guido Rossi • Ian Maclean • Jasmin Hepburn • John W. Cairns • Karen G. Baston • Martine J. Van Ittersum • Paul J. du Plessis • Susan Longfield Karr • Wim Decock • Xavier Prévost

Trusts and Patrimonies Edited by Remus Valsan, University of Edinburgh Law School Explores how trust and patrimony interact in England, Scotland, Quebec and the Netherlands

June 2015 272 pages 3 b&w illustrations Hb 978 0 7486 9774 8 £60.00 ebook

This volume explores how the private law concepts of trust and patrimony interact in various jurisdictions, with a view to advancing the understanding of the trust as a fundamental legal concept. The authors investigate whether the common law trust could be understood as a civil law patrimony by appropriation, and whether civil law and mixed traditions could create local versions of the common law trust using patrimony as the main conceptual building block. Contributors Alexandra Popovici • Emile Schmieman • George L. Gretton • Kenneth G. C. Reid • Lionel D. Smith • Nicholas Kasirer • Paul Matthews • Remus Valsan Law

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Edinburgh Studies in Law

Law, Lawyers, and Humanism

Enlightenment, Legal Education, and Critique

Law Making and the Scottish Parliament

John W. Cairns

John W. Cairns

Ed. Elaine E. Sutherland et al.

July 2015 608 pages Hb 978 0 7486 8209 6 £90.00

July 2015 592 pages Hb 978 0 7486 8213 3 £90.00

2014 432 pages Pb 978 0 7486 9676 5 £24.99 Hb 978 0 7486 4019 5 £60.00

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The Consequences of Possession

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MacCormick’s Scotland Ed. Neil Walker

Ed. Eric Descheemaeker 2014 256 pages Hb 978 0 7486 9364 1 £60.00

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Essays in Criminal Law in Honour of Sir Gerald Gordon Ed. James Chalmers, Fiona Leverick and Lindsay Farmer

2012 288 pages Hb 978 0 7486 4380 6 £60.00

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2010 376 pages Hb 978 0 7486 4070 6 £70.00 ebook


scots law Environmental Law in Scotland An Introduction and Guide Francis McManus, Edinburgh Napier University new

Focuses on the most important aspects of the substantive law relating to Scotland

February 2016 384 pages Pb 978 0 7486 6898 4 £29.99 Hb 978 0 7486 6897 7 £90.00 ebook

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This pathfinding textbook concentrates the regulation of pollution in Scotland, including the common law controls. It includes sections on nuisance (including statutory nuisance), noise, air pollution (including climate change), waste, contaminated land and water pollution, planning and control of pollution, and nature conservation. The author also assesses the contribution of European environmental law on the law within Scotland. • The only textbook dedicated to environmental law in Scotland • Covers all the major areas of modern environmental law in Scotland, with a focus on regulation, planning and control • Explains the current laws in terms of their historical context

Scots Law and Legal Obligations new edition

An Introduction for Students 3rd Edition Edited by Dale McFadzean, University of the West of Scotland

March 2017 240 pages Pb 978 0 7486 9696 3 £24.99 2nd Edition: 2009 Pb 978 1 84586 068 4 £26.99 Introduction to Law and Legal Obligations ebook

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A purpose-written textbook from a team of experienced academics for those studying law outwith the LLB stream New for this edition • Updated to cover new legislation in areas such as Scottish Consumer Law, Criminal Law, Property Law and Succession • Each chapter includes a summary section to help students identify, understand and remember key elements • Specialist glossary to help students to learn the legalese. • Road-tested as the primary text on the Introduction to Law and Legal Obligations course at the University of Strathclyde • Covers all the key topics taught in introductory classes in law for BA law students, Cert. HE law and HNC law • Covers the required areas of Scots law for professional accreditation for accountants and human resource management

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scots law Scots Criminal Law A Critical Analysis 2nd Edition Pamela R. Ferguson, University of Dundee, and Claire McDiarmid, University of Strathclyde An up-to-date, theoretical and critical focus on Scots Criminal Law for students and practitioners

2014 700 pages Pb 978 1 84586 130 8 £40.00 ebook

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New for this edition • Discusses the redefinitions of the crimes of murder and breach of the peace, and the broader application of the necessity defence • Takes into account key statutory developments including the enactment of the Criminal Justice and Licensing (Scotland) Act 2010 and the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012 Scots Criminal Law: A Critical Analysis provides a clear statement of the current law, focusing on theory and criticism. It also considers what types of behaviours are subject to the criminal law sanction, and why.

Delict A Comprehensive Guide to the Law in Scotland bestseller

Francis McManus, Glasgow Caledonian University, Eleanor Russell, Glasgow Caledonian University, and Josephine Bisacre, Heriot Watt University Everything you need to know about the Scots law of delict and how it interacts with international law

2011 528 pages Pb 978 1 84586 042 4 £55.00 ebook

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Recognising its multi-faceted nature, this is a truly comprehensive guide to the Scots law of delict. With numerous case studies and questions for discussion after each chapter, this is essential reading for all students encountering delict for the first time as well as practitioners who require a ready reference for their practice. • Explores both case law and legislation • Looks at the influence of private international law

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scots law Constituting Scotland The Scottish National Movement and the Westminster Model new

W. Elliot Bulmer, International Institute for Democracy and Electoral Assistance A comparative study of the Scottish nationalist constitutional tradition

July 2016 280 pages Hb 978 0 7486 9759 5 £70.00 ebook

Before the 2014 Scottish Independence Referendum, the First Minister Alex Salmond promised a written constitution for Scotland in the event of a ‘Yes’ vote. In most other democratic countries, this would have been unremarkable. But the UK is almost unique in having never adopted a written constitution or other fundamental law. W. Elliot Bulmer explores Scotland’s constitutional history and recent political trajectory to discover why this commitment arose, and explains the SNP’s proposals.

Common Law and Feudal Society in Medieval Scotland 2nd Edition new

Hector L. MacQueen, University of Edinburgh Analyses the development of law and the legal system in Scotland between c.1100 and c.1550

March 2016 324 pages Pb 978 1 4744 0746 5 £19.99 Edinburgh Classic Editions ebook

This classic text sets the development of medieval law in the context of a society in which private lordship, exercised through courts and other less-formal methods of dispute settlement, played a key role alongside royal justice. Based on extensive research, Hector MacQueen examines the brieves of novel dissasine, mortancestry and right, and legal remedies for the recovery of land, as well as aspects of the early history of the Scottish legal profession and the origins of the Court of Session.

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scots law The Community of the College of Justice Edinburgh and the Court of Session, 1687–1808 John Finlay, University of Glasgow new

The first institutional history of Scotland’s 18th-century civil court, based on primary sources including newly discovered Court of Session records ‘This is a book of permanent authority which will be widely read and one which records the legal history of Scotland; it will be relied on for many generations.’ William Hamilton Bryson, University of Richmond, The Legal History Review 2014 288 pages Pb 978 0 7486 9467 9 £29.99

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An Introduction to Scots Criminal Law

Housing Law in Scotland

Sarah Christie

2011 424 pages Pb 978 1 84586 111 7 £50.00

2009 236 pages Pb 978 1 84586 083 7 £34.99

Peter Robson

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Scots Law Tales 2010 200 pages Pb 978 1 84586 067 7 £20.99 ebook

A Guide to the Adult Support and Protection (Scotland) Act 2007 Bert Calder 2010 108 pages Pb 978 1 84586 082 0 £20.99 ebook

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European Law The European Charter of Local Self-Government A Treaty for Local Democracy Chris Himsworth, University of Edinburgh The first critical study of the 1985 treaty that guarantees the status of local self-government

September 2015 208 pages Hb 978 1 4744 0333 7 £70.00

Chris Himsworth analyses the text of the 1985 European Charter of Local Self-Government, traces its historical emergence and explains how it has been applied and interpreted throughout Europe, including the 2014 ‘Local and regional democracy in the United Kingdom’ report published by the Council of Europe in March 2014. Locating the Charter’s own history within the broader recent history of the Council of Europe and the European Union, the book closes with an assessment of the Charter’s future prospects.

The European Court of Human Rights Implementing Strasbourg’s Judgments on Domestic Policy Edited by Dia Anagnostou, Panteion University of Social Sciences Considers the domestic implementation of court’s judgments and their impact upon national laws, policies and institutions

2014 256 pages Pb 978 0 7486 7060 4 £24.99 2013 Hb 978 0 7486 7057 4 £75.00 ebook

This interdisciplinary book takes relates how marginalised individuals, civil society and minority actors strategically take recourse in the Strasbourg Court to challenge state laws, policies and practices. It then goes on to explore how these judgements are implemented in member states, dissecting the variable patterns of within and between countries. Contributors Dia Anagnostou • Dragoş Bogdan • Kimberley Brayson • Kerstin Buchinger • Yonko Grozev • Haldun Gülalp • Christoph Gusy • Dilek Kurban • Barbara Liegl • Sebastian Müller • Alina MungiuPippidi • Evangelia Psychogiopoulou • Serena Sileoni • Astrid Steinkellner • Gabriel Swain

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Islamic Law Islamic Law and Empire in Ottoman Cairo

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James Baldwin, University of Warwick

COMING SOON FROM December 2016 224 pages 4 b&w illustrations Hb 978 1 4744 0309 2 £70.00 ebook

A study of Islamic law and political power in the Ottoman Empire’s richest provincial city Islamic law is often portrayed as the quintessential jurists’ law: developed by scholars outside the purview of the state. But for the Sultans of the Ottoman Empire, justice was the ultimate duty of the monarch and Islamic law was a tool of legitimation and governance. James E. Baldwin examines how the interplay of religious scholarship and royal justice underpinned legal practice in Cairo. Through detailed studies, this book investigates the relationship between the sharia and political power, the plurality of Islamic legal practice and the nature of centre– periphery relations in the Ottoman Empire.

Contemporary Islamic Law in Indonesia Sharia and Legal Pluralism Arskal Salim, University of Western Sydney The first ethnographic account of legal disputes, practice and institutions in post-tsunami Aceh

February 2015 232 pages 10 b&w illustrations Hb 978 0 7486 9333 7 £70.00 Exploring Muslim Contexts

Indonesia has probably the fastest changing legal system in the Muslim world. This ethnographic account of legal pluralism in the post-tsunami Aceh addresses changes in both the national legal system and the regional legal structure in the province. • Covers legal disputes surrounding inheritance, marriage and divorce, legislation and law-making, land, non-Muslims and sharia, and religious courts • Includes compelling legal case studies from the post-disaster situation

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Roman Law Cicero’s Law Rethinking Roman Law of the Late Republic Edited by Paul J. du Plessis, University of Edinburgh new

A fundamental re-assessment of Cicero’s place in Roman law

September 2016 280 pages Hb 978 1 4744 0882 0 £75.00 ebook

This volume brings together an international team of scholars to debate Cicero’s role in the narrative of Roman law in the late Republic – a role that has been minimised or overlooked in previous scholarship. This reflects current research that opens a larger and more complex debate about the nature of law and of the legal profession in the last century of the Roman Republic. Contributors Benedikt Forschner • Catherine Steel • Christine LehneGstreinthaler • Jan Willem Tellegen • Jennifer Hilder • Jill Harries • Matthijs Wibier • Michael C. Alexander • Olga Tellegen-Couperus • Philip Thomas • Saskia T. Roselaar • Yasmina Benferhat

New Frontiers Law and Society in the Roman World Edited by Paul J. du Plessis, University of Edinburgh An interdisciplinary edited collection on social science methodologies for approaching Roman legal sources

2014 256 pages Pb 978 0 7486 6820 5 £24.99 2013 Hb 978 0 7486 6817 5 £75.00 ebook

Roman law as a field of study is rapidly evolving to reflect new perspectives and interdisciplinary approaches in research. This collection focuses on larger themes that have emerged from these studies: Roman legal thought the interaction between legal theory and legal practice and the relationship between law and economics. • Furthers the current debate on the interface between legal history and ancient history • Addresses themes such as legal practice, gender and economics Contributors Jean-Jacques Aubert • Cynthia J. Bannon • Paul J. du Plessis • Jill Harries • Joseph A. Howley • Caroline Humfress • Eva Jakab • Dennis P. Kehoe • Saskia T. Roselaar • Jan W. Tellegen • Olga E. Tellegen-Couperus • Philip Thomas • Jakub Urbanik Law

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Classical Chinese Law In Search of the Way Legal Philosophy of the Classic Chinese Thinkers Wejen Chang, Academia Sinica, Taipei new

What did the classical Chinese thinkers have to say about Law in their search for the Way?

June 2016 644 pages Hb 978 0 7486 6956 1 £125.00 ebook

‘Any and every one interested in the foundations of Chinese thought about law and legal institutions should applaud the publication of In Search of the Way by Professor Chang Wejen. It is the culmination of a lifetime of learning and deep reflection by an extraordinary scholar, and replete with enormous insight and wisdom.’ William P. Alford, Harvard Law School Wejen Chang brings a fresh perspective to the most prominent philosophers of the classical period – Confucius, Laozi, Mozi, Zhuangzi, Mencius, Xunzi, Lord Shang and Han Fei – philosophers whose ideas still influence Chinese thinking and behaviour today. He shows how these thinkers addressed the key question of how philosophical thinking can serve humanity and society. Chang systematically presents their different solutions and evaluates them according to reason and experience, helping you to understand the philosophical roots of law and Chinese law in particular.

Contents Periods, Dynasties and Important Persons Foreword 6. Mengzi Preface 7. Shang-Jun-Shu 1. Prologue 8. Xunzi 2. Lun-Yu 9. Han-Fei-Zi 3. Laozi 10. Epilogue 4. Mozi Bibliography 5. Zhuangzi Glossary

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Energy Law Delivering Energy Law and Policy in the EU and the US A Reader Edited by Raphael J. Heffron, Queen Mary, University of London, and Gavin F. M. Little, University of Stirling new

A compendium of over 120 chapters giving you new ideas for implementing energy law and policy

June 2016 480 pages 13 b&w illustrations Pb 978 0 7486 9679 6 £34.99 Hb 978 0 7486 9678 9 £90.00 ebook

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From evaluating policy delivery on wind farms in Texas in the US, to developing nuclear power in the Middle East, this book presents fresh thinking on key concepts and ideas on energy law and policy delivery. Experts in energy from across the European Union and the United States contribute short chapters each on how best to achieve energy policy objectives. The contributors write from a range of perspectives, including the sciences, law, politics, economics and engineering. • Brings together interdisciplinary perspectives from international contributors on achieving policy aims in energy law and policy • Sets out a new research agenda for a ‘debate on policy delivery’ among academics, policy-makers and industry

Divided into 15 parts 1. Energy Policy Delivery in General 2. Energy Policy Delivery in the US 3. Energy Policy Delivery in the EU 4. Electricity 5. Nuclear Energy 6. Renewable Energy 7. Fossil Fuels 8. Energy Justice 9. Energy Poverty and Health 10. Energy Efficiency and Demand 11. Energy Security 12. Country-Specific and International Energy Policy Delivery 13. Cities, Community Energy and Public Engagement 14. Climate Change and the Environment 15. New Technologies and Energy Initiatives View the full table of contents and the contributors list on our website: https://edinburghuniversitypress.com

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Energy Law Oil and Gas Law bestseller

Current Practice and Emerging Trends 2nd Edition Edited by Greg Gordon, John Paterson and Emre Usenmez, all University of Aberdeen Analyses and critiques the key regulatory and contractual dimensions of the oil and gas industry

2010 480 pages Pb 978 1 84586 101 8 £135.00 ebook

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New chapters for this edition • Energy Security • Law and Technology in the Oil Field • Acquisitions and Disposals This highly successful book brings together contributions from both academics and practising lawyers to consider how law governs and interacts with the mature hydrocarbon provinces.

Deconstructing Energy Law and Policy The Case of Nuclear Energy Raphael J. Heffron, Queen Mary University of London What are makes for successful energy law and policy for nuclear energy?

February 2015 192 pages 6 b&w illustrations Pb 978 0 7486 9668 0 £24.99 Hb 978 0 7486 9666 6 £75.00 ebook

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Drawing on over 90 interviews completed across Belgium (Brussels), Romania, the United States, and the United Kingdom, this book focuses on the development and formulation of energy law and policy in civil nuclear energy in the EU, the US and beyond. Heffron deconstructs the constituent parts of effective energy law and policy within the complex and often controversial energy industry. Pulling out what has and what has not worked, he suggests ways to improve the delivery of the central aims of law and policy.

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Practical Guides Financial Planning for Older People forthcoming

A Comprehensive Guide to Decision Making John Kerrigan, Maxwell MacLaurin A guide to the legal issues surrounding money and finances for older people or those planning for older age

February 2017 250 pages Pb 978 1 84586 112 4 £60.00 ebook

Many of us leave it all too late to plan for retirement, or are caring for elderly relatives and face difficult decisions. The legal complexities are daunting. This guide by John Kerrigan, a professional solicitor, is written for law students, lawyers and financial advisors who are advising people planning for retirement, are retired or are caring for retired people. It clearly explains the issues and sets you on the path to sound financial advice in the context of the law. • Covers difficult and taboo subjects, such as: capacity, powers of attorney, authority to operate a bank account, intervention orders, financial and welfare guardianships, advance medical directives and care home fees • Follows current case law and statutory positions in all cases • Sets out key financial strategies – inheritance tax, strategies for lifetime mitigation, will planning and post-death tax planning

Mediation A Practical Guide for Lawyers Marjorie Mantle, Mediation Scotland LLP Gives you information, practical tips and case studies, showing how to apply mediation principles in practice This practical guide provides useful information, practical tips and case studies for studying, newly qualified and practicing lawyers and mediators, showing examples of the application of mediation principles in real-life situations.

2011 158 pages Pb 978 1 84586 121 6 £26.99

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Student Textbooks Research Methods for Law new edition

2nd Edition Edited by Mike McConville, The Chinese University of Hong Kong, and Wing Hong (Eric) Chui, City University of Hong Kong Introduces students to legalistic, theoretical, empirical, comparative and cross-disciplinary research methods, grounded in working examples

January 2017 304 pages 24 b&w illustrations Pb 978 1 4744 0321 4 £29.99 1st Edition: 2007 Pb 978 0 7486 3358 6 £26.99 Hb 978 0 7486 3357 9 £95.00 Research Methods for the Arts and Humanities ebook

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New for this edition • New chapter on inter- and cross-disciplinary research – essential reading for international students and students with a non-law first degree undertaking research in the areas of law, criminology, psychology and sociology • Research ethics has been expanded to a full chapter that includes current plagiarism and imperfect disclosure • Brings existing chapters up to date with the newest thinking in legal research Drawing on actual research projects, Research Methods for Law discusses how legal research as process impacts on research as product. The author team has a broad range of teaching and research experience in law, criminal justice and socio-legal studies, and give examples from real-life research products to illustrate the theory.

Contents Preface and Acknowledgements To Second Edition To First Edition Introduction and Overview Mike McConville and Wing Hong Chui 1. Legal Research as Qualitative research, Ian Dobinson and Francis Johns 2. Qualitative Legal Research, Wing Hong Chui 3. Doing Ethnographic Research: Lessons from a Case Study, Satnam Choongh 4. Interdisciplinarity in Legal Research, Paul Roberts 5. Integrating Theory and Method in the Comparative Contextual Analysis of Trial Process, Mark Findlay and Ralph Henham 22

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6. Comparative Legal Scholarship, Geoffrey Wilson 7. Research Ethics and Integrity in Socio-Legal Studies and Legal Research, Mark Israel 8. Researching the Landless Movement in Brazil, George Meszaros 9. Non Empirical Discovery in Legal Scholarship – Choosing, Researching and Writing a Traditional Scholarly Article, Michael Pendleton 10. Researching International Law, Stephen Hall 11. Development of Empirical Techniques and Theory, Mike McConville Notes on Contributors, Index


Student Textbooks UK Company Law forthcoming

An Edinburgh Law Guide Nicholas Grier, Edinburgh Napier University Explains how law creates, governs and protects companies in UK jurisdictions This textbook explains how a company is formed, the salient parts of a company, the various rules and laws applying to company management and capital, how companies and their shares are bought and sold, and how insolvency procedures apply to companies. February 2017 676 pages Pb 978 0 7486 9370 2 £34.99 Hb 978 0 7486 9369 6 £110.00 ebook

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• Covers UK law and explains the devolved differences in Scotland, Wales and Northern Ireland • Focuses on the most relevant applied commercial and practical points • Discusses insider dealing, corporate governance and the influence of European Law • Student resources include a list of links to legislation and summary sections of Essential Facts and Essential Cases

The Student Guide to Mooting Edited by Margaret Ross, University of Aberdeen, and Michael Hammond, Maclay Murray & Spens LLP The ideal introduction to legal argument for new law students and competitive mooters

2010 96 pages Pb 978 1 84586 113 1 £10.99 ebook

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Guiding you through the process of legal argument, this book will teach you all you need to know about how to research and structure your moot, the use of legal authority, honing your presentation skills and addressing the court. To show you how it’s done, Hammond provides a worked example applying the two-stage method to creating a legal argument in a moot court. Competitive mooters will find details of internal, national and international competitions and guidelines for event judges and clerks.

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Edinburgh Law Essentials

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Edinburgh Law Essentials Series Editor: Nicholas Grier, Edinburgh Napier University See the full series online: https://edinburghuniversitypress.com/series/ele

Public Law Essentials 2nd Edition Jean McFadden, University of Strathclyde, and Dale McFadzean, University of the West of Scotland new

An up-to-date guide to constitutional law in the UK, from the monarchy to the UK and Scottish parliaments, and from judicial review to the parliamentary ombudsman

March 2016 160 pages Pb 978 1 84586 136 0 £15.99 Hb 978 1 4744 1092 2 £70.00 1st Edition: 2007 Pb 978 1 84586 031 8 £15.99 ebook

New for this edition • Covers UK public law principles and practice, including the devolved differences in Scotland • Describes the aspects of public law devolved to Scots law, updated in light of the Smith Commission and the Scotland Bill 2015–16

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Legal Method Essentials new EDITION

2nd Edition Dale McFadzean, University of the West of Scotland, and Lynn Irvine, Glasgow Caledonian University Guides you through the study, research and writing skills you need to ace your study of law

January 2017 180 pages Pb 978 1 84586 167 4 £15.99 1st Edition: 2010 Pb 978 1 84586 077 6 £15.99 ebook 24

Get started with using the library; find out what statutory interpretation and judicious precedent are; learn about finding and using case law and legislation; discover how to access and cite books, journals and other sources; take your study international with a guide to sources from Europe and further afield; and sail through your coursework and exams with tips for legal writing and research.

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SERIES Edinburgh Law Essentials Scottish Evidence Law Essentials new edition

4th Edition James Chalmers Your guide to the evidence law in Scotland, in the larger context of UK and European evidence laws

January 2017 180 pages Pb 978 1 4744 0778 6 £15.99 Hb 978 1 4744 0777 9 £70.00 3rd Edition: 2012 Pb 978 1 84586 135 3 £16.99 ebook

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New for this edition • Updated with the recommendations of the most recent Criminal Justice (Scotland) Act • Includes the new safeguards against wrongful conviction to replace corroboration • Takes account of the Victims and Witnesses (Scotland) Act 2014 • Includes case law developments Contents Table of Cases • Table of Statutes • 1. Introduction and Overview • 2. Burdens and Standards of Proof • 3. Presumptions • 4. Sufficiency of Evidence: The Corroboration Rule • 5. The Rule Against Hearsay • 6. The ‘Best Evidence‘ Rule • 7. Confessions and Statements Against Interest • 8. Improperly Obtained Real and Documentary Evidence • 9. Character and Collateral Evidence • 10. Privilege • 11. Opinion Evidence • 12. Judicial Knowledge • 13. Judicial Admissions • 14. Res Judicata • 15. Specialties of Witnesses • 16. The Conduct of a Trial or Proof • Index

Delict Essentials new edition

3rd Edition Francis McManus, Edinburgh Napier University Introduces you to the Scots law of delict: from defamation to dangerous animals and from negligence to nuisance

March 2017 176 pages Pb 978 1 4744 1750 1 £15.99 2nd Edition: 2013 Pb 978 1 84586 168 1 £15.99 ebook

New for this edition • Updated to reflect changes to the law in Negligence, Nuisance and Viability Contents Table of Cases • Table of Statutes • 1. Negligence • 2. The Law of Nuisance • 3. Occupier’s Liability • 4. Product Liability • 5. Defamation • 6. Breach of Confidence • 7. Liability for Animals • 8. Breach of Statutory Duty • 9. Vicarious Liability • 10. Defences • 11. Remedies • Index

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Edinburgh Law Essentials

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Scottish Contract Law Essentials 3rd Edition Tikus Little, University of Stirling Your guide to the rules and principles of the law of contract from a Scots Law perspective

2015 160 pages Pb 978 1 84586 151 3 £15.99 Hb 978 1 4744 0593 5 £70.00 textbook

New for this edition • Updated statutes and cases reflect the changes in legislation and case law since the second edition • Learn the legalese: includes a glossary of key words and phrases Contents Table of Cases • Table of Statutes • 1. Overview and Definitions • 2. Formation of Contract • 3. Problems with Contracts • 4. Contractual Terms • 5. Third Party Rights • 6. Breach of Contract • 7. Termination of Contract • 8. Cross-border Contracts • Note on Reform • Glossary • Further Reading • Index

Scottish Family Law 3rd Edition Kenneth McK. Norrie, University of Strathclyde A clear and concise study and revision guide that covers all major legislation

2015 144 pages Pb 978 1 84586 153 7 £14.99 Hb 978 1 4744 0339 9 £70.00 ebook

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New for this edition • Takes full account of the substantial statutory developments in the field since the Family Law (Scotland) Act 2006 • Covers two major recent Acts: the Children’s Hearings (Scotland) Act 2011 and the Marriage and Civil Partnership (Scotland) Act 2014 • Covers legislation including the Adoption and Children (Scotland) Act 2007 and Human Fertilisation and Embryology Act 2008 Contents Preface • Table of Cases • Table of Statutes • 1. Legal Personality • 2. Creating the Parent–Child Relationship • 3. Bringing Up Children • 4. Court Orders Regulating the Upbringing of Children • 5. State Intervention in the Upbringing of Children • 6. Marriage and Civil Partnership • 7. Unregistered Couples • 8. Deregistering Relationships by Divorce or Dissolution • 9. Deregistering Relationships by Annulment • 10. Financial Provision on Divorce, Dissolution and Annulment • Index

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SERIES Edinburgh Law Essentials Private International Law David Hill, Robert Gordon University Summarises the key elements plus statutes, conventions (e.g. Brussels, Lugano) and EU Regulations • Shows how judgments issued in one UK jurisdiction can be recognised and enforced in another • Explains how jurisdiction is allocated in cases having both Scottish and other UK characteristics • Summary sections of Essential Facts and Essential Cases to help you to identify, understand and remember the key elements

I Pb 978 1 84586 234 3

2014 184 pages ebook

£15.99

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Trusts Law Essentials bestseller

John Finlay Your guide to the laws surrounding trust patrimonies This concise volume will quickly introduce you to the Scots law of trusts – from creating a trust and appointing trustees to conflicts on interest and the termination of trusts. It also looks at the different purposes of a trust and the particular issues surrounding charities and charitable trusts. 2012 158 pages ebook

I Pb 978 1 84586 129 2

£16.99

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Succession Law Essentials Frankie McCarthy, University of Glasgow All the basics that students need to know about succession in Scots law What happens after you die? You can›t take it with you, so succession law governs how your property is passed on. Succession Law Essentials teaches you all you need to know about the Scots laws of succession, including estates, executors, wills, will substitutes, valid and invalid testimony, intestate succession, legacies, vesting and more. 2013 112 pages ebook

I Pb 978 1 84586 128 5

£15.99

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Edinburgh Law Essentials

Commercial Law Essentials 2nd Edition

SERIES

Company Law Essentials

Criminal Law Essentials

Josephine Bisacre & Claire McFadzean

2nd Edition

2011 240 pages Pb 978 1 84586 080 6 £15.99

2010 182 pages Pb 978 1 84586 092 9 £15.99

Claire McDiarmid

Malcolm Combe 2013 232 pages Pb 978 1 84586 150 6 £15.99 ebook

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Employment Law Essentials

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European Law Essentials Stephanie Switzer

Jenifer Ross

Valerie Finch & John McGroarty

2010 278 pages Pb 978 1 84586 058 5 £20.99 ebook 28

Human Rights Law Essentials

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2009 128 pages Pb 978 1 84586 009 7 £16.99 ebook

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2010 168 pages Pb 978 1 84586 057 8 £16.99 ebook

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SERIES Edinburgh Law Essentials

Intellectual Property Law Essentials

Jurisprudence Essentials

Planning Law Essentials

Duncan Spiers

Anne-Michelle Slater

2011 166 pages Pb 978 1 84586 109 4 £16.99

2010 208 pages Pb 978 1 84586 110 0 £16.99

Duncan Spiers 2009 176 pages Pb 978 1 84586 062 2 £16.99

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Property Law Essentials

Revenue Law Essentials

Duncan Spiers

3rd Edition

Scottish Legal System Essentials

William Craig

3rd Edition Bryan Clark & Gerard Keegan

2008 112 pages Pb 978 1 84586 056 1 £14.99 ebook

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2013 208 pages Pb 978 1 84586 152 0 £15.99 ebook

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2012 44 pages Pb 978 1 84586 134 6 £15.99 ebook

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JOURNALS Edinburgh Law Review Editor: Martin Hogg, University of Edinburgh An international forum for the discussion of law in its social and cultural context, contemporary substantive law, legal theory and history

ISSN 1364 9809 eISSN 1755 1692 Publishes 3 times a year: January, May, September

• Focuses on Scots law and the Scottish legal system, setting the law of Scotland in an international and comparative context • Coverage of interest for a modern European ius commune • Discusses issues common to mixed legal systems • Analyses developments in legislation and of court decisions • Includes reviews of major academic works www.euppublishing.com/elr

African Journal of International and Comparative Law General Editors: Rachel Murray, University of Bristol, and Kofi Oteng Kufuor, University of East London Provides invaluable refereed material in both international and comparative law on a pan-African basis The journal includes articles on public or private international law, either in English or French, as well as a section on recent developments relevant to the continent. www.euppublishing.com/ajicl

ISSN 0954-8890 eISSN 1755-1605 Publishes 4 times a year: February, May, August, November

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