Jurisprudence

First published in 1917 (Part 1) and 1918 (Part 2), with a second edition in 1946, this is the first English translation of Santi Romano's classic work, L'ordinamento giuridico (The Legal Order). The main focus of The Legal Order is the notion of...

This volume addresses the central tension in debates between 'mainstream' and 'critical' tax theorists which reflects a clash of perspectives: is taxation primarily a matter of social science or of social justice? Should tax policy debates be grounded in...

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...

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...

Law and Evil presents an alternative evolutionary picture of man, focusing on the origins and nature of human evil, and demonstrating its useful application in legal-philosophical analyses. Using this representation of human nature, Wojciech Zaluski...

Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the...

Understanding the Nature of Law explores methodological questions about how best to explain law. Among these questions, one is central: is there something about law which determines how it should be theorized?Michael Giudice presents the problem: several...

'Rethinking' legal reasoning seems a bold aim given the large amount of literature devoted to this topic. In this thought-provoking book, Geoffrey Samuel proposes a different way of approaching legal reasoning by examining the topic through the context...

Law's Political Foundations explains the development of the two basic systems of public and private law and their historical transformations. Examining the historical development of law in China, Japan, Western Europe, and Hispanic America, Haley argues...

This Short Introduction looks at judging and reasoning from three perspectives: what legal reasoning has been; what legal reasoning is from the view of judges and jurists; and what legal reasoning is from the view of a social science epistemologist or...

Some say that private law ought to correct wrongs or to protect rights. Others say that private law ought to maximise social welfare or to minimise social cost. In this book, Emmanuel Voyiakis claims that private law ought to make our responsibilities...

A provocative account of how Levinas' ethics can help us understand our relationship with lawEmmanuel Levinas's philosophy of ethics has frequently attracted attention amongst legal scholars, but he remains a divisive and often enigmatic contributor to...

John Barrymore's influence on screen and stage in the early twentieth century is incalculable. His performances in the theatre defined Shakespeare for a generation, and his transition to cinema brought his theatrical performativity to both silent and...

In this thought-provoking work, Mary Warnock explores what it is to own things, and the differences in our attitude to what we own and what we do not. Starting from the philosophical standpoints of Locke and Hume, the ownership of gardens is presented...

In this thought-provoking work, Mary Warnock explores what it is to own things, and the differences in our attitude to what we own and what we do not.Starting from the philosophical standpoints of Locke and Hume, the ownership of gardens is presented as...

Fifty years before his death in 2013, Nelson Mandela stood before Justice de Wet in Pretoria's Palace of Justice and delivered one of the most spectacular and liberating statements ever made from a dock. In what came to be regarded as "the trial that...

This book discusses how the plurality of legal norms operating in the European Union can be balanced to produce a functioning, sustainable and legitimate legal system. Presenting a conceptual framework for assessing and comparing transformations of...

The notion of property in work has deep historical roots in the common law tradition, but is yet to receive the attention it deserves. In this timely and thought-provoking book, Wanjiru Njoya contrasts ideas of ownership and property rights in English,...

Ubiquitous Law explores the possibility of understanding the law in dissociation from the State while, at the same time, establishing the conditions of meaningful communication between various legalities. This book argues that the enquiry into the legal...

Mountains are the home of significant ecological resources - wildlife habitat, higher elevation plant systems, steep slopes, delicate soils and water systems. These resources are subject to very visible and growing pressures, most of which are caused by...

An integrity system is an integrated assemblage of institutional mechanisms, designed to minimize ethical misconduct and promote ethical health in institutions, organizations, occupations and the like. This book analyses, describes and demonstrates the...

How can we live together without subordination and oppression? What does it mean to treat each other as free and equal persons? This book uses contemporary feminist insights to examine aspects of the classic social contractarians' arguments, focusing...

Interrogating supply/demand from an inter- and multi-disciplinary perspective, this collection broadens engagement beyond the routine analysis of the locus of violence in prostitution and the validity of the prostitute's consent. A focus on the...

Over the last twenty years, processes of pluralization, differentiation and trans-nationalization in the European Union have arguably challenged the centrality of law to European integration. Yet these developments also present opportunities to...

David Bonner presents an historical and contemporary legal analysis of UK governmental use of executive measures, rather than criminal process, to deal with national security threats. The work examines measures of internment, deportation and restriction...

This book explores the intricate and multi-dimensional conception of clarity and obscurity in the law. It presents and examines the most recent research and theories, giving practical guidance on how to avoid obscurity in legal drafting and its impact on...

Utilizing a comparative examination of case-law from England, Canada, the USA, Australia, New Zealand and Ireland, this volume provides a comprehensive and systematic study of the law of intervening causation (novus actus interveniens) to present an...

With distressing statistics about rising cost burdens, increasing foreclosure rates, rising unemployment, falling wages, and widespread homelessness, building affordable housing is one of our most pressing social policy problems. Affordable Housing and...

Hernando de Soto is one of the world's leading public intellectuals. His books The Mystery of Capital and The Other Path have had a tremendous impact on debates about international development, but his work also has been controversial. One of de Soto's...

Advances in modern biotechnology have produced profound and far-reaching implications for the relationship between humans, animals and the environment. As a result, a debate has arisen surrounding the legal, moral and social problems connected with this...

Corporate laws are based on the idea that the interests of shareholders should be the primary concern of company directors. However, some argue that the proper role for shareholders is to sit back and let the corporation's managers do their job, or that...

The place of emotion in legal education is rarely discussed or analysed, and we do not have to seek far for the reasons. The difficulty of interdisciplinary research, the technicisation of legal education itself, the view that affect is irrational and...

This collection is the multifaceted result of an effort to learn from those who have been educated in an American law school and who then returned to their home countries to apply the lessons of that experience in nations experiencing social, economic,...

Crossing the usual boundaries of abstract legal theory, this book considers actual charter systems - legal systems with explicitly posited moral-political rights, such as those of Canada and the United States - as well as cases in constitutional...

This volume examines the evolution of reproductive law in Italy from the `far west' of the 1980s and 90s through to one of the most potentially restrictive systems in Europe. The book employs an array of sociological, philosophical and legal material in...

This interdisciplinary and cross-national volume brings together theory and research by prominent scholars within the areas of distributive and procedural justice, not only featuring work within each area separately, as is commonly done, but also showing...

This book provides the reader with a comprehensive analysis of US Federal Antitrust and EC Competition Law. It is encyclopaedic in coverage: examining every constituent element of the law and landmark decisions from the perspectives of economics and...

Sovereignty, as a concept, is in a state of flux. In the course of the last century, traditional meanings have been worn away while the limitations of sovereignty have been altered as transnational issues compete with domestic concerns for precedence...

In the global financial crisis, the need to develop a new kind of economy with a closer relation between ethics and economics has become an important challenge to the international society. This book contributes to this debate by investigating different...

Democracy, Law and Governance details the transformation of the modes of governance of contemporary developed democracies and aims to define the conditions required for promoting public interest in their public policy. Firstly, the volume illustrates...