Bücher der Reihe Law in Context

Monti explores the development of EC competition law through an interdisciplinary approach, focusing on the political and economic considerations that affect the way the rules are interpreted. Written with competition law students in mind, it should also be of interest to undergraduate and postgraduate students of EU politics and economics.

A contextual analysis of the internal logics of EU health law through four themes: consumerism; (human) rights; interactions between equality, solidarity and competition; and risk. Leading authors in the emergent field explain the interactions and implications of EU health law through thematic reinterpretation of the law in context in key substantive areas, such as the regulation of health research, access of patients to high quality care, health care professional regulation, organisation and funding of health care services, and public health. This book offers a fresh perspective and thorough understanding of EU health law through individual and collective or systemic perspectives, and covers health law both within the EU and globally. Essential reading for anyone interested in health law in any EU Member State or in global health law.

This text is a study of the public/private law divide in the common law tradition. Its starting point is that substantive duties of legality, fairness and rationality are imposed by the common law on bodies discharging public functions, but not always on bodies discharging 'private' functions.

The third edition of this text is designed to bring the reader up to date with developments in consumer law up to 1999. It includes material on utilities and financial services regulation.

New to English law? Need to know how rules are made, interpreted and applied? This popular and well-established textbook will show you how. It simplifies legal method by combining examples with an account of rules in general: the who, what, why and how of interpretation. Starting with standpoint and context, it identifies factors that give rise to doubts about the interpretation of a rule and recommends a systematic approach to analysing those factors. Questions and exercises integrated in the text and on the accompanying website will help you to develop skills in reading, interpreting and arguing about legal and other rules. The text is fully updated on developments in the legislative process and the judicial interpretation of statutes and precedent. It includes a new chapter on 'The European Dimension' reflecting the changes brought about by the Human Rights Act 1998.

Freedom of Information (FOI) laws have generated calls for constitutional reform. Pressures for national security and secrecy must be balanced alongside demands for FOI. This detailed discussion of FOI laws and personal data laws examines the historical development of secrecy, national security and government, and their modern context.

This book explores how globalisation influences the understanding of law. Adopting a broad concept of law and a global perspective, it critically reviews mainstream Western traditions of academic law and legal theory. Its central thesis is that most processes of so-called 'globalisation' take place at sub-global levels and that a healthy cosmopolitan discipline of law should encompass all levels of social relations and the legal ordering of these relations. It illustrates how the mainstream Western canon of jurisprudence needs to be critically reviewed and extended to take account of other legal traditions and cultures. Written by the one of the foremost scholars in the field, this important work presents an exciting alternative vision of jurisprudence. It challenges the traditional canon of legal theorists and guides the reader through a field undergoing seismic changes in the era of globalisation. This is essential reading for all students of jurisprudence and legal theory.

This work compares civil and common law systems using the French legal system as its basis. Focusing on the four main branches of French law: civil, criminal, administrative and constitutional law, the book examines the way that the judiciary, lawyers and academics operate within them.

Previous editions of this text have consistently been a favourite amongst common law lawyers. This up-to-date volume provides an advanced analysis of the law of contract for undergraduate courses covering the law of contract and the law of obligations.

This title examines all the issues concerned with legal ethics. Part one looks at lawyers' ethics, including professionalism and the English legal profession. Part two addresses specific topics in legal ethics including confidentiality, criminal defence and prosecution.

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 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.