Comparative

This book provides comprehensive, rigorous and up-to-date coverage of key issues that have emerged in the first quarter of the 21st Century in transnational construction arbitration and alternative dispute resolution (ADR). Covering four general themes,...

The law of torts is concerned with the secondary obligations generated by the infringement of primary rights. This work seeks to show that this apparently simple proposition enables us to understand the law of torts as found in the common law. Using...

This book offers a collection of essays by arguably the most popular legal historian writing today. Most of the essays have not been previously published, and those which have appeared previously have been re-written to make the collection read more...

The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the...

How American race law provided a blueprint for Nazi Germany Nazism triumphed in Germany during the high era of Jim Crow laws in the United States. Did the American regime of racial oppression in any way inspire the Nazis? The unsettling answer is yes...

Plural Ownership is a thorough and thought-provoking analysis focusing on the principles underlying two areas of property law: concurrent ownership and successive ownership. Smith first considers the range of rights recognised by the law and the ways...

Over the last decade, the world has watched in shock as populists swept to power in free elections. From Manila to Warsaw, Brasilia to Budapest, the populist tide has shattered illusions of an inexorable march to liberal democracy. Eschewing simplistic...

Oxford's variorum edition of William Blackstone's seminal treatise on the common law of England and Wales offers the definitive account of the Commentaries' development in a modern format. For the first time it is possible to trace the evolution of...

In the early twenty-first century, courts have become versatile actors in the governance of many constitutional democracies, and judges play a variety of roles in politics and policy making. Assembling papers penned by academic specialists on high courts...

This third edition of the modern classic Zweigert & Koetz's Introduction to Comparative Law is fully revised and updated, but its familiar structure and easy style remain the same. The book first discusses the nature of Comparative Law, its functions,...

The law in a modern society is an extremely bulky and complex instrument, with a distracting tendency to become less fixed, less rule-oriented, and more discretionary. An institution made by men for the government of men, the law today can all too...

Every year millions of families are affected by the imprisonment of a family member. Children of imprisoned parents alone can be counted in millions in the USA and in Europe. It is a bewildering fact that while we have had prisons for centuries, and the...

This book addresses the different mechanisms of enforcement deployed in transnational private regimes vis-a-vis those in the field of public transnational law. Enforcement represents a key dimension in measuring the effectiveness and legitimacy of...

This concise primer offers an introduction to U.S. law from a comparative perspective, explaining not only the main features of American law and legal culture, but also how and why it differs from that of other countries. Gerrit De Geest initially...

This is a fully revised and updated new edition of the classic work first published in 1985. There have been many important developments since the first edition, including enactment of the Charter of Rights and Freedoms in Canada in 1982, the impact of...

Contract as Promise is a study of the philosophical foundations of contract law in which Professor Fried effectively answers some of the most common assumptions about contract law and strongly proposes a moral basis for it while defending the classical...

The Law of Loyalty is a study of the principles governing the use of legal powers that are held for other-regarding ends. It addresses both public law and private law, and examines both the common law and the civil law. It aims to provide a theory of how...

This book theorizes illiberal constitutionalism by interrogation of the Rule of Law, democratic deterioration, and the misuse of the language and relativization of human rights protection, and its widespread emotional and value-oriented effect on the...

The recent backlash against democracy in such countries as Bolivia, Venezuela, Russia, and Georgia poses renewed concerns about the viability of this regime type in the developing world. Drawing on a unique data set of every democratization episode since...

The English law of obligations has developed over most of the last millennium without any major discontinuity. Through this period each generation has built on the law of its predecessors, manipulating it so as to avoid its more inconvenient consequences...

Paul Craig's analysis of UK, EU and global administrative law examines the challenges facing each system and reveals the commonalities in and differences between their foundational assumptions. The challenges which they face may be particular to that...

Legal Traditions of the World places national laws in the broader context of major legal traditions, those of chthonic (or indigenous) law, talmudic law, civil law, islamic law, common law, hindu law and confucian law. Each tradition is examined in terms...

During the early Middle Ages, King Alfred (reigned 871-99) gained fame as the ruler who brought learning back to England after decades of Viking invasion. Although analysis of Alfred's canon typically focuses on his religious and philosophical texts,...

About this Publication: Human Dignity: Lodestar for Equality in South Africa provides an in-depth analysis of human dignity and its relationship to equality in South African law. The author argues that human dignity is the attributive key that unlocks...

This volume explores different models of regulating the use of restrictive practices in health care and disability settings. The authors examine the legislation, policies, inspection, enforcement and accreditation of the use of practices such as...

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid...

Modern state law excludes populations, peoples, and social groups by making them invisible, irrelevant, or dangerous. In this book, Boaventura de Sousa Santos offers a radical critique of the law and develops an innovative paradigm of socio-legal studies...

What are the component parts of successful energy law and policy for nuclear energy in the 21st century? Nuclear power has been a part of energy policies of many countries across the world since its emergence as an electricity provider after the Second...

This book is the first comparative study of legal reform in the five current socialist countries (China, Vietnam, Laos, North Korea, and Cuba) from the late 1970s to the present. It explains projects, strategies, contents, driving forces, and limitations...

Free Speech as Social Structure: A Comparative Legal Analysis of How Courts and Culture Shape the Freedom of Speech examines and explains the limited relevance of constitutional text to the scope and vibrancy of free speech rights within a particular...

Written under the sign of Beckett, this book addresses comparative law's commitment to the deterritorialization of the legal and its attendant claim for the normative relevance of foreign law locally in the fabrication of statutory determinations,...

Legal Anthropology: An Introduction offers an initial overview of the challenging debates surrounding the cross-cultural analysis of legal systems. Equal parts review and criticism, James M. Donovan outlines the historical landmarks in the development of...

The last two decades have witnessed an exponential growth in debates on the use of foreign law by courts. Different labels have been attached to the same phenomenon: judges drawing inspiration from outside of their national legal systems for solving...

Despite their divergent recent histories and political experiences, there is a remarkable degree of constitutional and legal kinship among the South Asian countries. Yet for long legal communities in these countries were in the habit of looking to the...

This book provides an introduction to the American legal system for a broad readership. Its focus is on law in practice, on the role of the law in American society, and how the social context affects the living law of the United States. It covers the...

Although authoritarian countries often repress independent citizen activity, lobbying by civil society organizations is actually a widespread phenomenon. Using case studies such as China, Russia, Belarus, Cambodia, Malaysia, Montenegro, Turkey, and...

Hong Kong is one of the very few places in the world where the common law can be practiced in a language other than English. Introduced into the courtroom over a decade ago, Cantonese has significantly altered the everyday working of the common law in...

This book seeks to open new lines of discussion about how Islamic law is viewed as a potential tool for programs of social transformation in contemporary Muslim society. It does this through a critical examination of the workings of the state shari'a...

An ideal supplement for professors who wish to incorporate comparative law into their constitutional law courses, Global Perspectives on Constitutional Law introduces students to the various ways that nations other than the United States resolve...

Judicial decision-making may ideally be impartial, but in reality it is influenced by many different factors, including institutional context, ideological commitment, fellow justices on a panel, and personal preference. Empirical literature in this area...