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The Common Law

The Common Law

The Common Law is Oliver Wendell Holmes' most sustained work of jurisprudence. In it the careful reader will discern traces of his later thought as found in both his legal opinions and other writings. At the outset of The Common Law Holmes posits that he is concerned with establishing that the common law can meet the changing needs of society while preserving continuity with the past. A common law judge must be creative both in determining the society's current needs and in discerning how best to address these needs in a way that is continuous with past judicial decisions. In this way the law evolves by moving out of its past adapting to the needs of the present and establishing a direction for the future. To Holmes' way of thinking this approach is superior to imposing order in accordance with a philosophical position or theory because the law would thereby lose the flexibility it requires in responding to the needs and demands of disputing parties as well as society as a whole. According to Holmes the social environment-the economic moral and political milieu-alters over time. Therefore in order to remain responsive to this social environment the law must change as well. But the law is also part of this environment and impacts it. There is then a continual reciprocity between the law and the social arrangements in which it is contextualized. And as with the evolution of species there is no starting over. Rather in most cases a judge takes existing legal concepts and principles as these have been memorialized in legal precedent and adapts them often unconsciously to fit the requirements of a particular case and present social conditions. Oliver Wendell Holmes Jr. (1841-1935) served as chief justice of the Massachusetts Supreme Court and as an associate justice of the U. S. Supreme Court. He was nicknamed the Great Dissenter because of his many dissenting opinions. Holmes is also the author of Kent's Commentaries on the Law (1873) and The Path of the Law (1897). Tim Griffin has advanced degrees in philosophy and law and has taught philosophy and legal theory courses at a number of universities. He is currently a seminarian pursuing ordination to the priesthood in the Episcopal Church.

GBP 110.00
1

Law Reforms Around the World Perspectives from National and International Law

Law Reforms Around the World Perspectives from National and International Law

Encapsulating Law Reform requires the creation of a discreet space occupied with normative self-generation self-correction and self-adaptation in the very anatomy of law and the architecture of legal systems. This ‘living dynamic trait’ should be a hallmark of the genetic material in the modern-day institution of law. This edited volume sheds light on Law Reform in its domestic comparative regional and international settings. It examines the process of Law Reform and explains the need for a constant appraisal to keep its wheels optimally operational. The book takes a holistic approach to understanding Law Reform and calls for such an approach in the very process of Law Reform. It begins by looking at Law Reform processes from a theoretical perspective. Thereafter it sheds light on domestic Law Reform processes in civil and common law legal systems. This is followed by a focus on Law Reform at the international level with a critical appraisal of the International Law Commission (ILC) drawing on its performance in international economic and environmental law. Included in this consideration is also the role played in Law Reform by the IMF World Trade Organization/World Intellectual Property Organization Multilateral Development Banks and the African Union Commission on International Law. This volume should appeal to students serious scholars policy makers judges and the community of national and international lawyers interested in bringing effective reform in the national and international arenas. | Law Reforms Around the World Perspectives from National and International Law

GBP 130.00
1

Law and Christianity in Poland The Legacy of the Great Jurists

Law and Christianity in Poland The Legacy of the Great Jurists

This volume is the first comprehensive study of the Polish history of law and Christianity written in English for a global audience. It examines the lives of twenty-one central figures in Polish law with a focus on how their Christian faith was a factor in molding the evolution of law in their country and the region. The individuals selected for study exhibit wide-ranging areas of expertise from private law and codification through national public law and constitutional law to international developments that left their mark on Poland and the world. The chapters discuss the jurists within their historical intellectual and political context. The editors selected jurists after extensive consultation with legal historians looking at the jurists’ particular merits contributions to law in general religious perspective and period under consideration. The collection will appeal to scholars lawyers and students interested in the interplay between law and religion. Political social legal and religious historians among other readers will find for the first time in English authoritative treatments of essential Polish legal thinkers and authors. | Law and Christianity in Poland The Legacy of the Great Jurists

GBP 120.00
1

The Law of Public Communication

The Law of Public Communication

The twelfth edition of this classic textbook provides an overview of communication and media law including the most current legal developments. It explains laws affecting the daily work of writers broadcasters public relations practitioners photographers bloggers and other public communicators. By providing statutes and cases in an accessible manner even to students studying law for the first time the authors ensure that students acquire a firm grasp of the legal issues affecting the media. The book examines legal topics such as libel privacy intellectual property obscenity and access to information considering the development and current standing of relevant laws and important cases. It examines how these laws affect public political and commercial communication. The twelfth edition discusses hot topics such as proposals to modify Section 230 of the Communications Decency Act net neutrality legislation participant monitoring the actual malice standard for litigation against journalists and the Julian Assange Espionage Act prosecution. It also explores social media issues such as whether social media use by public officials constitutes a public forum liability for defamation and the operation of Facebook’s Oversight Board. The Law of Public Communication is an ideal core textbook for undergraduate and graduate courses in communication law and mass media law. Online resources include a test bank and PowerPoint slides.

GBP 89.99
1

The Law of the Sea Normative Context and Interactions with other Legal Regimes

The Law of the Sea Normative Context and Interactions with other Legal Regimes

The United Nations Convention on the Law of the Sea follows a comprehensive approach and can be interpreted dynamically to include the regulation of all potential human uses of the ocean but the law of the sea cannot be viewed in isolation from other fields of international law. International law does not resemble a hierarchically structured legal system; its different parts interact when different rules address the same activity or situation. The academic discussion concerning the specialization and proliferation of international legal rules and dispute settlement bodies has theoretical as well as practical relevance for the law of the sea and its interaction with other parts of international law. The intensified use of the oceans for different purposes and the ongoing proliferation of international rules addressing different activities from different perspectives and with distinct foci require a more thorough evaluation of how the law of the sea relates to other fields of international law how the normative context can be approached theoretically and if interdisciplinary interfaces can be adequately addressed. This book discusses the normative context of the law of the sea and the interactions of the law of the sea with other legal regimes. By connecting high-quality research with new ideas and perspectives this book offers expertise from different fields and perspectives in which the interaction between the law of the sea and other fields of international law becomes particularly relevant. | The Law of the Sea Normative Context and Interactions with other Legal Regimes

GBP 130.00
1

Communication Law Practical Applications in the Digital Age

Communication Law Practical Applications in the Digital Age

This fully revised third edition brings a fresh approach to the fundamentals of mass media and communication law in a presentation that undergraduate students find engaging and accessible. Designed for students of communication that are new to law this volume presents key principles and emphasizes the impact of timely landmark cases on today’s media world providing an applied learning experience. This new edition offers expanded coverage of digital media law and social media a wealth of new case studies expanded discussions of current political social and cultural issues and new features focused on ethical considerations and on international comparative law. Communication Law serves as a core textbook for undergraduate courses in communication and mass media law. This edition includes timelines to show students “what happened when” in the legal process. These simple diagrams are available at www. routledge. com/9780367546694. | Communication Law Practical Applications in the Digital Age

GBP 89.99
1

Law Among Nations An Introduction to Public International Law

Law Among Nations An Introduction to Public International Law

Offering a more accessible alternative to casebooks and historical commentaries Law Among Nations explains issues of international law by tracing the field’s development and stressing key principles processes and landmark cases. This comprehensive text eliminates the need for multiple books by combining discussions of theory and state practice with excerpts from landmark cases. The book has been updated in light of the continuing revolution in communication technology; the dense web of linkages between countries that involve individuals and bodies both formal and informal; and important and controversial areas such as human rights the environment and issues associated with the use of force. Renowned for its rigorous approach and clear explanations Law Among Nations remains the gold standard for undergraduate introductions to international law. New to the Twelfth Edition Added or expanded coverage of timely issues in international law: Drones and their use in the air and in space Outer space Cybercrime and responses The Julian Assange Case Environmental law Expanded discussion of space law Expanded discussion of conflict and non-state actors Final cases in the ICTY Thoroughly rewritten chapters on areas of great change: International Criminal Law Just War and War Crime Law International Economic Law (newly restored in response to reviews) International Environmental Law New cases statutes and treaties on many subjects | Law Among Nations An Introduction to Public International Law

GBP 105.00
1

Prison Segregation The Limits of Law

Prison Segregation The Limits of Law

Prison Segregation: The Limits of Law explores the use of segregation in English prisons by examining how law is used and experienced and how human rights are upheld. It draws on empirical research through interviews with staff and prisoners to understand how law ‘works’ (or not) in a site of the prison which is traditionally characterised by real imbalances of power. The book draws on one of the first research studies of its kind: an in-depth ethnographic study of law culture and norms within the segregation unit. It adopts a socio-legal perspective to explore: (i) how segregation is and should be used in prisons and how the law sets the parameters of that usage (in theory); (ii) the complex web of laws and rules as applies to segregation and their relationship with the actors responsible for their implementation; (iii) how laws and rules can be undermined by the culture and context within which they are implemented. It relies on the voices of prisoners and staff as well as observations and descriptions to bring experiences to life. The accounts from staff and prisoners – sometimes joyous sometimes harrowing – provide a rich and rare insight into the segregation unit. It provides access to and insights into parts of our criminal justice system which are typically impenetrable. Whilst it is an academic study of law and power in segregation units (and prison more broadly) it is also a very human account of lived experiences. The book is multi-disciplinary in nature and will appeal to those with an interest in law sociology criminology and psychology. It will also appeal to those seeking to understand socio-legal research methods in the field of criminal justice. However the book is also pragmatic and has a number of recommendations which would be of interest to practitioners lawyers prison managers and policy-makers. | Prison Segregation The Limits of Law

GBP 120.00
1

Human Rights and Climate Change The Law on Loss and Damage

Human Rights and Climate Change The Law on Loss and Damage

This insightful and timely book examines the intersection of international climate change law and international human rights law with respect to loss and damage from climate change. Bringing together these two areas of the law the volume reframes the debate on loss and damage law and offers the first systematic analysis of the legal consequences of Article 8 of the 2015 Paris Agreement both independently and in light of the concurrent applicability of human rights law to climate change harms. The author outlines the legal implications of Article 8 and the extent to which the application of a human rights perspective can contribute to the interpretation and development of those implications. Accessible and engaging this book has important implications for both legal doctrine and policy development at the international level. This book is a valuable resource for scholars students and practitioners in human rights human rights law climate change law and international environment law. | Human Rights and Climate Change The Law on Loss and Damage

GBP 130.00
1

Classic Readings and Cases in the Philosophy of Law

Classic Readings and Cases in the Philosophy of Law

With over sixty cases as support this text presents the philosophy of law as a perpetual series of debates with overlapping lines and cross connections. Using law as a focus to bring into relief many social and political issues of pressing importance in contemporary society this book encourages readers to think critically and philosophically. Classic Readings and Cases in the Philosophy of Law centers on five major questions: What is law? What if any connection must there be between law and morality? When should law be used to restrict the liberty of individuals? To what extent should democratic states permit civil disobedience? What if anything justifies the infliction of punishment on those who violate the law? The extensive anthology of cases covers the mundane to the grandest of constitutional issues including controversial topics like ownership of genetic material capital punishment and gay rights. Brief introductions to each case describe the central issue being litigated the legal reasoning of the justices both majority and dissenting the decision of the court and its philosophical significance.

GBP 175.00
1

Law and the Modern Mind

Law and the Modern Mind

Law and the Modern Mind first appeared in 1930 when in the words of Judge Charles E. Clark it fell like a bomb on the legal world. In the generations since its influence has grown-today it is accepted as a classic of general jurisprudence. The work is a bold and persuasive attack on the delusion that the law is a bastion of predictable and logical action. Jerome Frank's controversial thesis is that the decisions made by judge and jury are determined to an enormous extent by powerful concealed and highly idiosyncratic psychological prejudices that these decision-makers bring to the courtroom.

GBP 145.00
1

The Anthropocene Judgments Project Futureproofing the Common Law

The Anthropocene Judgments Project Futureproofing the Common Law

This book is a collection of speculative judgments that along with accompanying commentaries pursue a novel enquiry into how judges might respond to the formidable and planetary-scaled challenges of the Anthropocene. The book’s contributors –from Australia Asia Europe and the United Kingdom –take up a range of issues: including multispecies justice the challenges of intergenerational justice dimensions of postcolonial justice the potential contribution of AI platforms to the judgment process and the future of judging and law in and beyond the Anthropocene. The project takes its inspiration from existing critical judgment projects. It is however thoroughly interdisciplinary. In anticipating future scenarios and designing or adapting legal principles to respond to them the book’s contributors have been assisted by climate scientists with expertise in future modelling; they have benefitted from the experience of fiction writers in future worldbuilding; and they have incorporated elements of the future worlds depicted in various texts of speculative fiction and artworks. The judgments are of necessity speculative and hypothetical in their subject matter. Thus taken together they constitute a collaborative experiment in creating the inclusive and radical imaginaries of the future common law. The Anthropocene Judgments Project will appeal to critical and sociolegal academics scholars in the environmental humanities environmental lawyers students and others with interests in the pressing issues of ecology multispecies justice climate change the intersection of AI platforms and the law and the future of law in the Anthropocene. | The Anthropocene Judgments Project Futureproofing the Common Law

GBP 130.00
1

Christianity Ethics and the Law The Concept of Love in Christian Legal Thought

Christianity Ethics and the Law The Concept of Love in Christian Legal Thought

This book examines how Christian love can inform legal thought. The work introduces love as a way to advance the emergent conversation between constructive theology and jurisprudence that will also inform conversations in philosophy and political theory. Love is the central category for Christian ethical understanding. Yet the growing field of law and religion and relatedly law and theology rarely addresses how love can shape our understanding of law. This reflects in part a common assumption that law and love stand in necessary tension. Love applies to the private and the personal. Law by contrast applies to the public and the political realms governed by power. It is thus a mistake to envisage love as having anything but a negative relationship to law. This conclusion continues to govern Christian understandings of the meaning and vocation of law. The animating idea of this volume is that the concept of love can and should inform Christian legal thought. The project approaches this task from the perspective of both historical and constructive theology. Various contributions examine how such thinkers as Augustine Aquinas and Calvin utilised love in their legal thought. These essays highlight often neglected aspects of the Christian tradition. Other contributions examine Christian love in light of contemporary legal topics including civility forgiveness and secularism. Love the book proposes not only matters for law but can transform the terms on which Christians understand and engage it. The book will be of interest to academics and researchers working in the areas of legal theory; law and religion; law and philosophy; legal history; theology and religious studies; and political theory. | Christianity Ethics and the Law The Concept of Love in Christian Legal Thought

GBP 120.00
1

English Law the Legal Profession and Colonialism Histories Parallels and Influences

English Law the Legal Profession and Colonialism Histories Parallels and Influences

Modern legal history is increasingly interested in exploring the development of legal systems from novel and nuanced approaches. This edited collection harnesses the lesser-researched perspectives of the impact of global and imperial factors on the development of law. It is argued that to better understand these timely discussions we must understand the process and significance of colonisation itself. The volume brings together experts in the field of law and history to explore the ways in which law and lawyers contributed to the expansion of the British Empire and the ways in which the Empire influenced the Metropole. The book sheds new light on the role of the law and legal actors during the pivotal centuries that saw the establishment of the Empire. Exploring such topics as Atlantic relations the impact of British jurists upon Indian law and the development of the law settler colonies this collection reveals some of the lesser-known intersections between law history and empire. The book will be of interest to students and researchers in legal history comparative history equity and trusts contract law the legal profession slavery and the British Empire. | English Law the Legal Profession and Colonialism Histories Parallels and Influences

GBP 130.00
1

Criminal Law

Criminal Law

Criminal Law Twelfth Edition a classic introduction to criminal law for criminal justice students combines the best features of a casebook and a textbook. Its success over numerous editions both at community colleges as well as in four-year college criminal justice programs is proof this text works as an authoritative source on criminal law as well as a teaching text that communicates with students. The book covers substantive criminal law and explores its principles sources distinctions and limitations. Definitions and elements of crimes are explained and defenses to crimes are thoroughly analyzed. Each chapter offers guidance to help students understand what is important including chapter outlines key terms learning objectives Legal News boxes that highlight current criminal law issues and Quick Checks that cue the reader to stop and answer a question or two concerning the material just covered. Unique Exploring Case Law boxes offer guidance in using the accompanying cases which are provided on the book’s website and in Part II of this textbook. A robust collection of instructor support materials addresses teaching and learning issues. Updated with all the newest relevant law this book is appropriate for undergraduate students in criminal law and related courses.

GBP 105.00
1

Fundamental Principles of the Sociology of Law

Fundamental Principles of the Sociology of Law

The innovative and revolutionary scholarship of the eminent Austrian legal theorist and professor of Roman law Eugen Ehrlich (1862-1922) is of a very high caliber. His work has not only held its place well in view of what legal theory especially sociological legal theory has to offer but is also still a powerful challenge to positions in legal theory that are no longer defensible. The sociology of law has followed in a direct line of succession from Ehrlich's observations and ideas as a new and special discipline linking jurisprudence with sociology. | Fundamental Principles of the Sociology of Law

GBP 150.00
1

Law Migration and Human Mobility Mobile Law

Law Migration and Human Mobility Mobile Law

This book analyses the multifaceted ways law operates in the context of human mobility as well as the ways in which human mobility affects law. Migration law is conventionally understood as a tool to regulate human movement across borders and to define the rights and limits related to this movement. But drawing upon the emergence and development of the discipline of mobility studies this book pushes the idea of migration law towards a more general concept of mobility that encompass the various processes effects and consequences of movement in a globalized world. In this respect the book pursues a shift in perspective on how law is understood. Drawing on the concepts of ‘kinology’ and ‘kinopolitics’ developed by Thomas Nail as well as ‘mobility justice’ developed by Mimi Sheller the book considers movement and motion as a constructive force behind political and social systems; and hence stability that needs to be explained and justified. Tracing the processes through which static forms such as state citizenship or border are constructed and how they partake in production of differential mobility the book challenges the conventional understanding of migration law. More specifically and in revealing its contingent and unstable nature the book reveals how human mobility is itself constitutive of law. This interdisciplinary book will appeal to those working in the areas of migration and refugee law citizenship studies mobility studies legal theory and sociolegal studies. The Open Access version of this book available at www. taylorfrancis. com has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4. 0 license. Funded by University of Helsinki and bo Akademi University. | Law Migration and Human Mobility Mobile Law

GBP 130.00
1

Tax Avoidance and the Law Understanding the UK General Anti-Abuse Rule

Tax Avoidance and the Law Understanding the UK General Anti-Abuse Rule

Tax Avoidance and the Law is a helpful guide for undergraduate and postgraduate students who want a thorough understanding of this dynamic area of law. The book is written in a way which is easy to follow and conveniently summarises complex case law on tax avoidance. Tax Avoidance and the Law explores the evolution of the UK’s General Anti- Abuse Rule. It provides a useful comparison with other Western jurisdictions’ anti-avoidance legislation including the United States of America Australia New Zealand South Africa Canada and the EU. The underlying theme of the book rests on the notion that the taxpayer’s subjective motives intentions or purposes are irrelevant when assessing tax liability. The book enables students to gain a good grasp of the fundamental issues in tax avoidance in a clear manner. | Tax Avoidance and the Law Understanding the UK General Anti-Abuse Rule

GBP 130.00
1

National Courts and the Application of EU Law Lessons from Poland

National Courts and the Application of EU Law Lessons from Poland

This book presents the case law of Polish courts namely the Supreme Court administrative courts and the Constitutional Tribunal in which the principles of EU law have been successfully applied. It discusses how Polish courts apply principles of consistent interpretation primacy and direct effect of EU law in their daily adjudicating practice in order to ensure effet utile of EU law resulting in effective protection of individuals' rights derived from the EU legal order. The book explores the legal nature of these principles and in particular the requirement that national rules that are found to be incompatible with legally binding and enforceable EU law should be disapplied by the domestic courts. It explains Polish courts’ reasoning concerning the inseparable relationship between the principle of primacy of EU law and the remedy of disapplication of national law. As the guidelines provided for the national courts by the Court of Justice of the European Union are often quite vague the work will be important and useful for academics and practitioners from different European jurisdictions to observe the manner in which these principles of EU law are applied in jurisdictions other than their own. | National Courts and the Application of EU Law Lessons from Poland

GBP 130.00
1

Legal Analytics The Future of Analytics in Law

Legal Analytics The Future of Analytics in Law

Legal Analytics: The Future of Analytics in Law navigates the crisscrossing of intelligent technology and the legal field in building up a new landscape of transformation. Legal automation navigation is multidimensional wherein it intends to construct streamline communication approval and management of legal tasks. The evolving environment of technology has emphasized the need for better automation in the legal field from time to time although legal scholars took long to embrace information revolution of the legal field. • Describes the historical development of law and automation. • Analyzes the challenges and opportunities in law and automation. • Studies the current research and development in the convergence of law artificial intelligence and legal analytics. • Explores the recent emerging trends and technologies that are used by various legal systems globally for crime prediction and prevention. • Examines the applicability of legal analytics in forensic investigation. • Investigates the impact of legal analytics tools and techniques in judicial decision making. • Analyzes deep learning techniques and their scope in accelerating legal analytics in developed and developing countries. • Provides an in-depth analysis of implementation challenges and issues in society related to legal analytics. This book is primarily aimed at graduates and postgraduates in law and technology computer science and information technology. Legal practitioners and academicians will also find this book helpful. | Legal Analytics The Future of Analytics in Law

GBP 140.00
1

International Law for Energy and the Environment

International Law for Energy and the Environment

This revised edition of Energy Law and the Environment considers how international and national legislation now requires the energy sector to focus more on sustainability and the circular economy in response to new policies at both international and national levels. It explores how environmental law engages with multinational companies regarding energy sources ownership of those resources and state sovereignty. Written for all the players in the energy sector lawyers and non-lawyers alike this third edition considers the issues of energy sector regulation related to economics and protection of intellectual property associated with the development of technologies for mitigating environmentally damaging emissions. It has been updated throughout and adds new and fully revised chapters on subjects including climate change human rights renewable energy and energy law in China. Features: Updated throughout and adds new and fully revised chapters Focuses on the global trends and mandates towards environmental sustainability Examines the latest international legislation involving climate change Includes the coverage of oil and gas industries as well as nuclear and renewable energy | International Law for Energy and the Environment

GBP 100.00
1

Sociology of Law

Sociology of Law

Georges Gurvitch occupies an interesting position in the development of the sociology of law. In the period immediately preceding its quantitative expansion he produced an explicitly conceived systematic theoretical intervention. What is particularly significant about Gurvitch's Sociology of Law at first appears as a contradiction. His work has had very little lasting impact on developments within the field of the sociology of law. At best his existence is occasionally footnoted but he engendered no great controversy or debate nor does he have any active contemporary disciples. Despite this lack of attention Gurvitch work provides a concentrated expression of the theoretical problems that beset the field. The core of Gurvitch's sociology of law is at root a continuation of the efforts apparent in the work of Max Weber to resolve or integrate the dualism which is so markedly affecting law. It is the apparent dualism between law as a positive institution resting upon a framework of social power while at the same time being a system of values or norms having some compelling internal strength and validity. Gurvitch's Sociology of Law shines as a beacon in the ongoing quest for a transformative vision of law. The new introduction by Alan Hunt discusses Gurvitch's place in the history of the sociology of law and the context in which his works should be placed. It also features a brief biography of the sociologist as well as a discussion of the central features of Gurvitch's sociology. This book will be of interest to students of sociology and law.

GBP 110.00
1