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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

Vagrancy in Law and Practice under the Old Poor Law

Vagrancy in Law and Practice under the Old Poor Law

In eighteenth-century England the law surrounding vagrancy was complicated and practice stood in complex relationship to law. Drawing on extensive archival research and in-depth study of both statute law and local administrative records this book examines the complexities of vagrancy law and the realities of its practice during the long eighteenth century. It shows how settlement law and poor law provision failed to address both the changing demographic situation and the impact of wars leaving significant numbers without support. Focusing on the 1744 Vagrant Act the study traces how and why the law evolved from 1700 when vagrancy was first made a county charge and what changes followed in the late eighteenth and early nineteenth centuries. It explores how vagrancy law was used and to what effect how it was extended and adapted to plug gaps in both poor law provision and in dealing with petty crime not covered by statute law and how law and practice intersected with social reality. Using the Quarter Sessions records of six counties: Westmorland Cambridgeshire Dorset Hampshire Lancashire and Middlesex the book is able to give the first account of vagrancy law in provincial England rather than focusing on metropolitan areas thus also demonstrating the tensions between parishes justices and counties over the use of law and its financial impact. By detailed reference to cases of individual vagrants the book also shows what sorts of people were dealt with under vagrancy law what happened to them and how and why the justices discriminated between the unfortunate and the criminal elements among them. This analysis reveals the principal causes of the vagrancy problems and the misfit between the law and social reality with particular emphasis on the impact of wars and immigration from Ireland and Scotland. As the first full-length study of vagrancy law and practice in the eighteenth century this book will constitute an essential item in any collection of books on the old poor law. | Vagrancy in Law and Practice under the Old Poor Law

GBP 42.99
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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

The Law of the United States An Introduction

The Law of the United States An Introduction

The Law of the United States offers an introduction and overview of the American legal system. With an emphasis throughout on up-to-date case law and current literature it is an ideal first point of entry for students and practitioners alike and a starting point for further independent research. Professor Hay provides a concise and straightforward explanation of the law and legal vocabulary as well as an introduction to the different types of law and legal techniques. He explains the role of Congress the Executive and the Courts and clarifies the mechanisms behind the branches of public and private law in the United States. He introduces the reader to the complexities of federal and state law emphasizing that the many areas of public law and virtually all areas of private law are the separate law of the 50 States the District of Columbia and the (U. S. dependent) Territories in which common language legal tradition and culture have served to bring about a basic legal unity. Several private law areas (contract law torts family law succession) receive detailed treatment as do criminal law and procedure. The book provides detailed references to legislation case law and the literature up-to-date through early 2016. Four appendices present a detailed case study with commentary to aid the civil law reader in understanding of the case law system; the text of the U. S. Constitution (referred to in several contexts throughout the book); a geographic map of the U. S. federal court system; and information on the Legal Profession in the United States. | The Law of the United States An Introduction

GBP 36.99
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The Law of Yachts & Yachting

The Law of Yachts & Yachting

Now it its second edition The Law of Yachts and Yachting is a comprehensive treatise on the law relating to yachts and provides its readers with a thorough analysis of maritime law as relevant to the superyacht sector. Written by a team of leading yachting practitioners and researchers it covers the legal issues arising during the life of a yacht. The book is written for the legal practitioner yacht-broker and manager concerned with the operation of professionally crewed yachts including financing registration chartering insurance compliance and casualty management. Key Features -•The only practitioners’ book on the area •It covers all major aspects of yachting law in a single book •The Law of Yachts and Yachting is highly comprehensive - despite its main focus on contract and tort law it contains references to public law and international law and practice •References to case law English foreign and international•Appendices containing essential source materialsThe second edition will cover important changes in the superyacht industry such as: the new MYBA Charter Form 2017 the Large Yacht Code (LY3) and the Passenger Yacht Code both shortly to be consolidated into the new REG-YC and the coming into force of the Maritime Labour Convention 2006 to name just a few. | The Law of Yachts & Yachting

GBP 210.00
1

Trade Unions and the Law

Trade Unions and the Law

Originally published in 1955 this book describes in a clear and concise way the nature of a Trade Union in England from the legal point of view the particular aspects of the Law which make it possible for Trade Unions to carry on their activities and the restraints which the Law place on them for the protection of their members and the community. It briefly reviews the history of Trade Union Law describes the Acts of Parliament which made the modern Trade Union possible and deals with those aspects of the Law which are important for those who have industrial relations with Trade Unions. | Trade Unions and the Law

GBP 85.00
1

The Law of Liability Insurance

The Law of Liability Insurance

Now it its second edition this book is an authoritative and comprehensive review on all aspects of the law that relate to liability insurance contracts. It aims to cover the all the major types of liability insurance not just professional indemnity insurance and presents the issues according to the general principles of contract law. Updated to include the impact of the Insurance Act 2015 the book takes a comparative view of the law tailored to those professionals operating in a global economy as well as academics and post-graduate students. | The Law of Liability Insurance

GBP 290.00
1

International Organizations and the Law

International Organizations and the Law

Delving into the law and meaning of international organizations this book addresses the laws relating to international organizations their undertakings and the ways in which specific international organizations function and interact with one another. Assuming little background knowledge of international law the book brings together key issues in international law and the history of international organizations in a cohesive manner providing readers with a clear understanding of international organizations' law in context. It addresses topics such as: organization functions and structure membership and membership powers the rights of international organizations dispute settlement in international organizations termination of an international organization Written in an accessible and engaging way this book is ideal reading for students new to the Law of International Organizations and as a reference for those active in fields impacted by international organizations. | International Organizations and the Law

GBP 35.99
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The Yearbook of Consumer Law 2007

The Yearbook of Consumer Law 2007

First published in 2007 The Yearbook of Consumer Law provides a valuable guide to developments in the consumer law field with a domestic regional and international dimension. The volume presents a range of peer-reviewed scholarly articles analytical in approach and focusing on specific areas of consumer law such as sales credit and safety as well as more general issues such as consumer law theory. The book also includes a section dedicated to significant developments during the period covered such as key legislative developments or important court decisions. The book provides an essential resource for all those academic and practitioner working in the areas of consumer law and policy. | The Yearbook of Consumer Law 2007

GBP 31.99
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The Law of Construction Disputes

The Law of Construction Disputes

Now in a fully updated third edition The Law of Construction Disputes is a leading source of authoritative and detailed information on the whole area of construction law including contracts and their performance third parties pursuing claims and dispute resolution. It covers the construction dispute process by analysing the main areas from which disputes arise up to date case law and how to effectively deal with construction project disputes once they have arisen. Now including references to the new FIDIC contracts which were released in 2017 this edition expands on advanced practitioner issues as well as the emerging law of construction disputes on an international basis and gives the practitioner all the case law needed in one concise volume. The book examines the methods and methodology of construction law not only for a common law context but also under other legal systems. Readers will be guided through the various international contract formats governing construction alongside applicable case law. Additionally they will be shown the correct contract provisions and forms used to prevent disputes from escalating in order to reach successful conclusions without litigation. Including expert advice and many relevant reference materials this book is an extremely helpful guide to legal practitioners and construction professionals.

GBP 210.00
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Contract Law in the Construction Industry Context

Contract Law in the Construction Industry Context

The Open Access version of this book available at http://www. taylorfrancis. com has been made available under a Creative Commons [Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND)] 4. 0 license. This book chronicles how contract cases from the construction industry have influenced solidified refined and particularized U. S. contract law. The book’s central claim is that the construction industry experience has helped to contextualize U. S. contract law and therefore has encouraged the common law to be more receptive to flexible legal standards and practices and less constrained by the relatively rigid rules that often characterize contract law. Other scholarly books analyze the themes values standards and principles of contemporary contract law but none captures how construction industry relationships and practices have influenced the common law of contracts. After providing an overview of construction law as a specialty of the practicing bar and as a field for scholarly inquiry this book examines the construction industry cases that have most directly influenced contract law. It reviews how industry dispute patterns have caused courts to refine contract law principles or to adapt and modify other principles. Separate chapters explain the special roles that cases in the U. S. Supreme Court and in the lower federal courts have played in defining and distinguishing contract law in the construction industry. The final chapters assess implications the construction industry cases hold for contract theory writ large and for the future of contract law. This book is essential reading for legal scholars construction law and contract law specialists and those interested in how the construction industry has helped shape the U. S. legal system. | Contract Law in the Construction Industry Context

GBP 44.99
1

The Modern Law of Contract

The Modern Law of Contract

Written by an author team with over 60 years of teaching experience the new edition of The Modern Law of Contract is the complete textbook for students of contract law providing not only clear and authoritative commentary but also a selection of learning features to enable students to engage actively with the law. This the 14th edition has been fully updated to address recent developments in contract law including the implications of COVID-19 and the UK’s future relationship with the EU. It offers a carefully tailored overview of all key topics for LLB and GDL courses and includes a number of learning features designed to enhance comprehension and aid exam preparation including: boxed chapter summaries that offer a useful checklist for students and illustrative diagrams to clarify difficult concepts; ‘Key cases’ that highlight and contextualise the most significant cases; ‘For thought’ features that ask ‘what if’ scenarios; ‘In focus’ features that provide critical commentary on the law. Also including further reading at the end of each chapter and a companion website with additional resources The Modern Law of Contract enables undergraduate and postgraduate students not only to fully understand the essential details of contract law but also to develop a profound and critical understanding of this fundamental area.

GBP 39.99
1

Transnational Environmental Law in the Anthropocene Reflections on the Role of Law in Times of Planetary Change

Transnational Environmental Law in the Anthropocene Reflections on the Role of Law in Times of Planetary Change

Anthropocene is the proposed name for the new geological epoch in which humans have overwhelming impact on planetary processes. This edited volume invites reflection on the meaning and role of law in light of changing planetary realties. Taking the concept of the Anthropocene as a starting point the contributions to this book address emerging legal issues from a transnational environmental law perspective. How law interacts with and how law governs global environmental problems is a challenge that legal scholars have approached with vigour over the last decade. More recently the concept of the Anthropocene has become a topic that researchers have also begun to grapple with by engaging with disciplines beyond legal scholarship. One avenue of research that has emerged to address global environmental problems is transnational environmental law. Adopting ‘transnational law’ as a lens or framework through which to analyse environmental law takes a broader approach to the ways in which law may be assessed and deployed to meet planetary challenges. The chapters within this book provide a timely intervention into the theoretical and practical approaches of transnational environmental law in a time of significant uncertainty and environmental and human crises. The chapters in this book were originally published as a special issue of Transnational Legal Theory. | Transnational Environmental Law in the Anthropocene Reflections on the Role of Law in Times of Planetary Change

GBP 38.99
1

Gender Sexuality and the Law

Gender Sexuality and the Law

This volume examines the role of law as a tool for advancing women’s rights and gender equity in local national and global contexts. Many feminist scholars note a marked failure of law to achieve goals connected to women’s rights and gender equality. Despite its limitations law provides aspirational norms that can be mobilized to hold institutions accountable and to provide material benefit to those excluded from systems of power. In conversation with each other the chapters in this volume help to advance understanding of both the limitations and the potential of law as a tool for advancing democratic participation rights and justice around issues related to gender and sexuality. Contributors acknowledge to varying degrees that law has important symbolism and may be used as a lever to mobilize change. At the same time some offer cautionary notes about the potential downside risks and unintended consequences of relying upon law in pursuit of women’s rights and gender equity. Collectively the chapters in this volume explore the disjuncture between the promise and expectation of legal reform and the lived experience of those laws by people intended as the beneficiaries of legal change. This book was originally published as a special issue of Global Discourse. | Gender Sexuality and the Law

GBP 38.99
1

The Law in War A Concise Overview

The Law in War A Concise Overview

The Law in War offers an insightful roadmap to understanding a broad range of operational humanitarian and accountability issues that arise during armed conflict. Each chapter provides a clear and comprehensive explanation of the impact that international law has on military operations. The second edition has been fully revised to reflect recent advances in international humanitarian law and expands the analysis to include as a brand-new chapter on international human rights law which addresses issues such as the conduct of law enforcement during hostilities. The revusions are particularly focused on updates concerning the status of combatants and unprivileged belligerents the protection of civilians targeting the treatment of POWs and detainees weapons law air and missile warfare naval warfare and neutrality command responsibility and accountability. New material has also been added to address the increasing involvement of private security contractors in warfare. The Law in War is an ideal text for students in a variety of domains to include international humanitarian law international human rights law international relations and military science. It is also a valuable resource for those involved in the planning execution and critique of military operations across the spectrum of conflict. | The Law in War A Concise Overview

GBP 39.99
1

The UK Media Law Pocketbook

The UK Media Law Pocketbook

The second edition of The UK Media Law Pocketbook presents updated and extended practical guidance on everyday legal issues for working journalists and media professionals. This book covers traditional print and broadcast as well as digital multimedia such as blogging and instant messaging with clear explanations of new legal cases legislation and regulation and new chapters on freedom of information and social media law. Links to seven new online chapters allow readers to access all the most up-to-date laws and guidance around data protection covering inquests courts-martial public inquiries family courts local government and the media law of the Channel Islands and the Isle of Man. Tim Crook critically explores emerging global issues and proposals for reform with concise summaries of recent cases illustrating media law in action as well as tips on pitfalls to avoid. The UK Media Law Pocketbook is a key reference for journalists and media workers across England Wales Scotland and Northern Ireland. The book’s companion website provides downloadable sound files video summaries and updates all the developments in one of the most dynamic and rapidly changing fields of law. Visit https://ukmedialawpocketbook. com.

GBP 18.99
1

Environmental Law and the Ecosystem Approach Maintaining ecological integrity through consistency in law

Environmental Law and the Ecosystem Approach Maintaining ecological integrity through consistency in law

The ecosystem approach embodies a concept of the environment which emphasizes the integrated components of nature as complex adaptive systems. This book examines the relationship between the architecture and design of environmental law and the implementation of the ecosystem approach as a means to maintain ecological integrity. The main issue addressed is: in which manner and to what extent does fragmentation and administrative discretion in environmental law impede the implementation of an ecosystem approach? This is explored through analysis of several questions: what is an ecosystem approach and how could it be implemented; how can economic evaluation of ecosystem services contribute to the debate; to what extent is environmental law fragmented and how does this affect the implementation of the ecosystem approach; to what extent does environmental law contain administrative discretion and how does this affect the implementation of the ecosystem approach; is there a need for greater consistency coherence and a stronger rule of law in environmental law in light of the ecosystem approach? The main focus is on Europe with additional international comparisons where appropriate. The book concludes by providing a normative portrayal of future environmental law as protective systemic and predictable. | Environmental Law and the Ecosystem Approach Maintaining ecological integrity through consistency in law

GBP 42.99
1

The Law and Practice of Extradition

The Law and Practice of Extradition

The Law and Practice of Extradition provides an in-depth overview of extradition law and practice providing students with an understanding of how key elements have been shaped by the state the fugitive and the international community. The process of globalisation has offered huge opportunities for organised crime both in terms of expansion of operations and the possibility to evade justice confronting states with considerable challenges. The Law and Practice of Extradition addresses all key topics in this fast-evolving area including extradition and international crimes terrorism and human rights. This textbook is particularly suitable for master's and post-doctoral students with a basic background knowledge of international law criminal law and international relations and will interest legal practitioners who seek a better understanding of extradition.

GBP 34.99
1

Public Law

Public Law

Public Law guides students through all the essential components of the Public Law module in a user-friendly structure that is ideal for visual learners. Written by an experienced teacher of Public Law the book takes an accessible and engaging approach to often complex areas of law politics and the constitution. Incorporating recent developments academic debate and commentary the book introduces students to all the key concepts of this core subject. The text is grounded in context explaining how Public Law operates in practice and it thoroughly covers the spectrum of Constitutional Law Human Rights and Administrative Law. Integrated pedagogic features ease navigation of the text and reinforce key points. These include Public Law in Context Recent Developments Public Law in Practice Practical Application and Academic Debate and Public Law is also supported by online Multiple Choice Questions. Public Law is essential reading for modules on public law and constitutional and administrative law on LLB degrees and conversion courses.

GBP 36.99
1

Autonomous Ships and the Law

Autonomous Ships and the Law

Interest in autonomous ships has grown exponentially over the past few years. Whereas a few years ago the prospect of unmanned and autonomous vessels sailing on the seas was considered unrealistic the debate now centers on when and in what format and pace the development will take place. Law has a key role to play in this development and legal obstacles are often singled out as principal barriers to the rapid introduction of new technologies in shipping. Within a few years autonomous ships have turned from a non-issue to one of the main regulatory topics being addressed by the International Maritime Organization. However the regulatory discussion is still in its infancy and while many new questions have been raised few answers have been provided to them to date. Increased automation of tasks that have traditionally been undertaken by ships' crews raises interesting legal questions across the whole spectrum of maritime law. The first of its kind this book explores the issue of autonomous ships from a wide range of legal perspectives including both private law and public law at international and national level making available cutting-edge research which will be of significant interest to researchers in maritime law. | Autonomous Ships and the Law

GBP 36.99
1

Reactions to the Law by Minority Religions

Reactions to the Law by Minority Religions

Much has been written about the law as it affects new and minority religions but relatively little has been written about how such religions react to the law. This book presents a wide variety of responses by minority religions to the legal environments within which they find themselves. An international panel of experts offer examples from North America Europe and Asia demonstrating how religions with relatively little status may resort to violence or passive acceptance of the law; how they may change their beliefs or practices in order to be in compliance with the law; or how they may resort to the law itself in order to change their legal standing sometimes by forging alliances with those with more power or authority to achieve their goals. The volume concludes by applying theoretical insights from sociological studies of law religion and social movements to the variety of responses. The first systematic collection focussing on how minority religions respond to efforts at social control by various governmental agents this book provides a vital reference for scholars of religion and the law new religious movements minority religions and the sociology of religion. | Reactions to the Law by Minority Religions

GBP 38.99
1

The Welfare of the Child The Principle and the Law

The Welfare of the Child The Principle and the Law

First published in 1999 this book responds to the meaning given to the welfare principle attracts a great deal of controversy and explores the reasons for the controversy and examines the growing legal significance attached to the principle. In an illuminating and accessible manner this informative volume: provides a record of the milestones which have shaped the principles development by tracing its evolution over the centuries discloses the essence of what has been termed 'the golden thread running through the common law' provides a measure of the impact of the principle on the coherence of modern family law by assessing the significance of its present operational role and functions. The welfare principle began as a common law principle forged in medieval England yet it has informed the law relating to children in some of the most developed western societies. It is now being refracted through international legislative and judicial developments to challenge the future shape of family law in the UK. By considering the ways in which the legal system has shaped and been shaped by the principle this invaluable book leads its readers to an appreciation of the content and structural influence of the welfare principle. | The Welfare of the Child The Principle and the Law

GBP 31.99
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The Formation of the English Common Law Law and Society in England from King Alfred to Magna Carta

The Formation of the English Common Law Law and Society in England from King Alfred to Magna Carta

The Formation of English Common Law provides a comprehensive overview of the development of early English law one of the classic subjects of medieval history. This much expanded second edition spans the centuries from King Alfred to Magna Carta abandoning the traditional but restrictive break at the Norman Conquest. Within a strong interpretative framework it also integrates legal developments with wider changes in the thought society and politics of the time. Rather than simply tracing elements of the common law back to their Anglo-Saxon Norman or other origins John Hudson examines and analyses the emergence of the common law from the interaction of various elements that developed over time such as the powerful royal government inherited from Anglo-Saxon England and land holding customs arising from the Norman Conquest. Containing a new chapter charting the Anglo-Saxon period as well as a fully revised Further Reading section this new edition is an authoritative yet highly accessible introduction to the formation of the English common law and is ideal for students of history and law. | The Formation of the English Common Law Law and Society in England from King Alfred to Magna Carta

GBP 42.99
1