Bücher der Reihe Law in Context

An innovative examination of the law's treatment of property, this student textbook provides an extremely useful and readable account of general property law principles. It draws on a wide range of materials on property rights in general, and the English property law system in particular, looking at all kinds of property, not just land. It includes the core legal source materials in property law along with excerpts from social science literature, legal theory, and economics, many of which are not easily accessible to law students. These materials are accompanied by a critical commentary, as well as notes, questions and suggestions for further reading. It will be of interest to undergraduate property law students and to non-law students taking property law modules in courses covering planning, environmental law, economics and estate management.

This book looks at privatized international infrastructure projects, law and human rights. It further distinguishes itself through its diverse and topical case studies, focusing on post-war Iraq, terrorism, indigenous rights, European Union expansion and urban poverty.

What can 'globalisation' teach us about law in the Western tradition? This important new work seeks to explore that question by analysing key ideas and events in the Western legal tradition, including the Papal Revolution, the Protestant Reformations and the Enlightenment. Addressing the role of law, morality and politics, it looks at the creation of orders which offer the possibility for global harmony, in particular the United Nations and the European Union. It also considers the unification of international commercial laws in the attempt to understand Western law in a time of accelerating cultural interconnections. The title will appeal to scholars of legal history and globalisation as well as students of jurisprudence and all those trying to understand globalisation and the Western dynamic of law and authority.

Combining materials from a wide variety of sources with Michael Zander's authoritative commentary, this book provides the tools with which an observer of the English legal system can discover how it functions, the problems it faces and the current reforms proposed.

This book examines the relationship between illegal migration and globalization. Under the pressures of globalizing forces, migration law is transformed into the last bastion of sovereignty. This explains the worldwide crackdown on extra-legal migration and informs the shape this crackdown is taking. It also means that migration law reflects key facets of globalization and addresses the central debates of globalization theory. This book looks at various migration law settings, asserting that differing but related globalization effects are discernible at each location. The 'core samples' interrogated in the book are drawn from refugee law, illegal labor migration, human trafficking, security issues in migration law, and citizenship law. Special attention is paid to the roles played by the European Union and the United States in setting the terms of global engagement. The book's conclusion considers what the rule of law contributes to transformed migration law.

Dora Kostakopoulou examines the prospects of the existing nationality model of citizenship and articulates an alternative institutional design. She outlines the organising principles, legal procedures and qualifying requirements of an anational model of citizenship, defends it against objections and considers the empirical conditions for its implementation.

European Labour Law explores how individual European national legal systems, in symbiosis with the European Union, produce a distinctly European transnational labour law system. This extensively updated second edition examines the system's limitations and the challenges it faces as the European Union's influence on this area of social policy grows.

In the first book to offer a comprehensive analysis of family law in the European Union, McGlynn critically analyses existing EU law in relation to childhood, parenthood and partnerships, providing a robust challenge to the arguments in favour of the codification of European civil law, including family law.

This work brings together eight linked essays which make the case for a revival of general jurisprudence in response to the challenges of globalisation, and explores how far the heritage of Anglo-American jurisprudence and comparative law is adequate to meeting the challenges.

Many people believe passionately in human rights. Others - Bentham, Marx, cultural relativists and some feminists amongst them - dismiss the concept of human rights as practically and conceptually inadequate. This book reviews these classical critiques and shows how their insights are reflected in the case law of the European Court of Human Rights. At one level an original, accessible and insightful legal commentary on the European Convention, this book is also a groundbreaking work of theory which challenges human rights orthodoxy. Its novel identification of four human rights schools proposes that we alternatively conceive of these rights as given (natural school), agreed upon (deliberative school), fought for (protest school) and talked about (discourse school). Which of these concepts we adopt is determined by particular ways in which we believe, or do not believe, in human rights.

This text offers the definitive examination of criminal law in context. Exploring the philosophical, social and political environment in which it operates, it gives the student the most complete picture available. With relevant case law and material integrated throughout, it is simply essential reading for students of criminal law.

Drawing upon legal history, legal theory, and legal sociology, this book presents an intellectual history of the US legal culture which elaborates on the various developments that have led to and structure the present worrisome legal-political situation.

This 2007 book explores environmental law from a range of perspectives, emphasising the policy world behind environmental law. A range of regulatory techniques is explored, through a close examination of both pollution control and land use, including case studies on the regulation of both genetically modified organisms and renewable energy projects.

Remedies is one of the key organizing concepts of the obligations approach to the common law. This second edition modernizes the former 1995 edition quite considerably. It determines the place of remedies in contract and tort within the debate about the reform of the common law obligation.

This extensively revised second edition is a rigorous introduction to the construction and criticism of arguments about questions of fact, and to the marshalling and evaluation of evidence at all stages of litigation. It covers the principles underlying the logic of proof; the uses and dangers of story-telling; standards for decision and the relationship between probabilities and proof; the chart method and other methods of analyzing and ordering evidence in fact-investigation, in preparing for trial, and in connection with other important decisions in legal processes and in criminal investigation and intelligence analysis. Most of the chapters in this new edition have been rewritten; the treatment of fact investigation, probabilities and narrative has been extended; and new examples and exercises have been added. Designed as a flexible tool for undergraduate and postgraduate courses on evidence and proof, students, practitioners and teachers alike will find this book challenging but rewarding.

This 2004 book takes a global view of the fundamental legal issues raised by the advent of the Internet as an international communications mechanism. Legal and other materials are integrated to support the discussion of how technological, economic and political factors are shaping the law governing the Internet. For both students and practitioners.

This overview of the basic principles of labour law explores how international human rights law and economics have influenced labour law since the 1950s. The insights of rights theorists and economists are applied to a selection of topics in labour law to demonstrate the interplay between the two perspectives.

Atiyah's Accidents, Compensation and the Law is the only book written in a Commonwealth jurisdiction that examines the accident compensation system in its broader social context. It provides the reader with a significantly richer understanding of the relevant law than they would obtain from books that concentrate on just the legal principles.

An important contribution to the field which explores both the legal and economic dimensions of EU economic governance in a clear and comprehensive way. It is an essential resource for law and economics students focusing on European Union economic governance.

Do inequalities in wealth threaten British democracy? Democracy Distorted demonstrates how wealth can generate political influence, through the funding of political parties, lobbying and media power, and provides a range of potential solutions to the problem of money in politics.

How does the law of the European Union affect health law and policy? At first sight, it seems limited. However, despite its restricted formal competence, the EU has recently become increasingly involved in the health field. Litigation based on EU law has resulted in a 'right to receive health care services' across national boundaries which may have huge practical implications for national health systems. The EU has promulgated legislation regulating clinical research, and the marketing of pharmaceuticals; patients' rights are affected by EU legislation on data protection and product liability; the qualifications of health care professionals are legally recognised across the EU; and the EU has acted to promote public health. This book explores the various impacts of measures of EU law on national health law and policy. Through elaboration of selected examples, the authors show that, within the EU, health law cannot be regarded as a purely national affair.

Provides students with an introduction to legal philosophy, using the Universal Declaration of Human Rights to reflect on human rights.

This is the first textbook on international and European disability law and policy. Guided by the global legal standards of the CRPD, students are equipped with the necessary theoretical and conceptual background on disability, and a comprehensive overview of the legal and policy frameworks on disability.

An essential resource for those who need to understand the UK land law system. Aimed at law students and those interested in political theory, environmental studies, resource economics and land administration needing a clear understanding of property law, Principles of Property Law helps demystify this wide-impacting subject.

Labour Law offers a comprehensive and critical account of the subject by a team of prominent labour lawyers. Providing commentary and integrated materials, it fully equips the students with the information they need for their course. Case studies showing the law 'in action' combine with a clear and logical structure to make it essential reading.

Scientific evidence is crucial in a burgeoning number of litigated cases, legislative enactments, regulatory decisions and scholarly arguments. This book examines scientific evidence in both civil and criminal contexts and explains how nonscientists who must make decisions about scientific knowledge can improve their decisions.

Extensively updated throughout, this new edition introduces students to a wide range of modern legal issues. Written in a clear and engaging style, the book expertly addresses the ways in which the rules and structures of law respond to and influence changes in economic and political life. It provides a clear understanding of the relationship between law and society, with particular emphasis on the importance of morality, dispute solution and business regulation. An Introduction to Law is a valuable resource for students of law, be they undergraduate law students, those studying law as part of a mixed degree, or students on business or social science courses in which legal studies are included.

Provides an up-to-date account of English sentencing law.

Written by one of the leading specialists in European law and legal theory, this third edition explains the history and institutional framework of European Union law. It includes commentaries on successive drafts of the Constitutional and Lisbon treaties and discusses recent developments such as the Turkish application.