Law

In Borderlines in Private Law, leading academics and senior judges consider the borders of tort, equity, unjust enrichment, and property law, examining where they might intersect. It includes advice on how to structure, order, and understand English private law in real-world disputes making it essential reading for both practitioners and scholars.

This book assembles critical contributions on the work of TRS Allan, the Professor Emeritus of Jurisprudence and Public Law at the University of Cambridge, whose leading work in legal and constitutional theory spans almost 45 years. Allan has charted a distinctive path for legal, political, and moral theory and practice and has become a highly significant figure in the UK and in common law/parliamentary systems around the world. His ideas challenge established opinions about constitutional law within these systems as well as established views about the rule of law from more abstract or philosophical perspectives. Allan claims that law and morality find an inherent connection through the rule of law. He argues that there is a connection that flourishes in common law jurisdictions because although Parliament has sovereign legislative powers, its laws gain their full legal meaning only through an interpretive lens. This lens seeks to reconcile sovereign will with legality's basic moral ideals, especially the idea that law must be general and capable of guiding behaviour and thus respectful of the equality and dignity of its subjects. Allan's scholarship is powerful yet controversial, and it has inspired 20 leading scholars from the UK, Canada, Australia and New Zealand to engage with the central themes of his work. By doing so, the contributors help to make that work accessible to a new generation of scholars and students. They also provide a timely framework for engaging in the most important challenges facing our democracies today: how our legal systems do, or do not, honour and respect democracy and therefore legislative sovereignty while at the same time honouring and respecting the rule of law, or the "Promise of Legality".

This book considers whether Parliament recognises a constitutional right to property.Parliament is supreme: in theory, there is nothing to stop it from passing laws to confiscate property. Nevertheless, MPs often argue that a proposed law would be unconstitutional. What does this mean in a system without a written constitution? What counts as a sound argument about constitutional rights? And what influence do constitutional arguments have on the legislative process?The book takes a close look at these questions. It reviews legislation and debates from the Middle Ages through to more recent legislation, and covers a wide range of topics, such as land reform, nationalisation, taxation, regulatory laws and retrospection. It also looks at the most recent debates and considers the relevance of constitutional thinking to election manifestos of the main political parties.

Authors Beheshti, Saintier, and Thomas maintain the brilliance of late Professor Bradgate's comprehensive text and provide students with an equally erudite guide, presenting the complexity of modern commercial law with clarity and contextual links to practice.

This book offers the first comprehensive legal study dedicated to the understanding of the Danish EU opt-outs. The impact of these are significant, falling as they do within Union citizenship, the euro, defense cooperation and the Area of Freedom, Security and Justice. Through a re-examination of the opt-outs individually, collectively and temporally, the book sheds light on their legal design and their interplay between international law, EU law and national law. This pioneering book takes a legal-doctrinal approach, which provides readers with a solid understanding of the opt-outs. Academics, judges and European Union civil servants will find this invaluable.

This book assesses the role of the clerks, advisors and expert witnesses and other important actors on the 'judicial periphery' who play an important role and often determine the pace, outcome, and tone of the judicial process.In national civil justice systems, the limelight is all too often cast on the main actors: judges, lawyers, and parties but the court's support staff can sometimes be overlooked.This book explores the particularly complex relationship which exists between litigation and other court staff. Their knowledge and expertise may be indispensable at times, but it is among the most expensive, complicated and time-consuming means of evidence. The judges adjudicate, but where experts are involved in the process, they have a decisive impact on the outcome of litigation. Therefore, the principal focus of the book is on expert witnesses and how they are appointed, managed, and remunerated across Europe and the world.Other ancillary professions may also be decisive for effective provision of court services. Different jurisdictions have different rules and habits, but inevitably recognise the need of adequate support for judges. Sometimes judges command the whole team of clerks and lawyers; sometimes they share a secretary or a clerk. But in all cases, those who assist judges in their daily work have a decisive impact on the effectiveness and quality of the judicial process.The book considers the contribution of different actors including clerks, secretaries, advisors, counsels and reporters. It focuses on cooperation and the interplay between judges and other professional actors in litigation.

This book brings together leading experts in the fields of insurance and the law of obligations to consider how insurance law is attempting to deal with emerging risks. Emerging risks pose significant challenges for the insurance industry. Apart from difficulties in quantifying such risks, the availability of insurance capacity is often a concern. The book looks at these issues from philosophical, economic, and actuarial perspectives. It asks how far existing private law rules can cope with emerging risks, and in so far as they cannot, how the law should be developed by courts and lawmakers to deal with the emerging legal issues. The book questions the suitability of the current insurance business models in insuring climate-related risks, autonomous systems, insurance of fines and penalties; and how mass or systemic risks (eg pandemics or cyber risks) can be made insurable through 'add on' coverages to the conventional insurance policies. It also evaluates governments' roles to encourage insurers to provide cover for such risks and discusses how a balance can be struck between the need to regulate and the insurance markets' dynamics. The book will be of academic interest to anyone working in the field of insurance and also relevant for market participants, policy-makers and regulators.

Die Steuerbefreiung nach § 13a ErbStG stellt ein zentrales Element des Erbschaft- und Schenkungsteuergesetzes dar. Auch Anteile an Kapitalgesellschaften fallen grundsätzlich in den Anwendungsbereich dieser Norm. Der Autor beschäftigt sich in dieser Publikation daher eingehend mit der Möglichkeit des sogenannten Poolings von Kapitalgesellschaftsanteilen, das zur Erfüllung der Begünstigungsvoraussetzungen dienen kann. Ausgehend von der Gesetzessystematik stellt der Autor dabei zunächst dar, welchen Regelungszweck der Gesetzgeber bei Schaffung der Norm verfolgte. Im weiteren Verlauf setzt sich der Autor mit der geltenden Ausgestaltung der Pooling-Norm auseinander, erarbeitet Reformvorschläge und prüft nach Darstellung der verfassungsrechtlichen Grundlagen zudem, ob es sich bei der Pooling-Norm um eine verfassungskonforme Regelung handelt. Abschließend prüft der Autor, ob das Modell des Poolings auf andere Mindestbeteiligungsgrenzen übertragen werden könnte.

Die vorliegende Arbeit widmet sich der aktuellen Fragestellung, wie ethische Prinzipien rechtlich normiert werden können. Die Institution des Klosters bietet dafür einen aufschlussreichen Untersuchungsgegenstand, da Mönche innerhalb eines Klosters nach klar definierten Werten in einer Gemeinschaft leben. Das Kloster, als historisch gewachsene Institution, hat seinen Ursprung im Osten und wurde im Laufe der Zeit im Westen übernommen. Eine Schlüsselfigur dieses wichtigen Kulturtransfers ist Johannes Cassian. Seine Spiritualität, Gebetspraxis und Ethik haben die Herausbildung und Entwicklung des Klosters im Abendland entscheidend mitgeprägt. Dieser Einfluss spiegelt sich auch bei Benedikt von Nursia, der sich bei der Ausarbeitung seiner berühmten "Regula Benedicti" für das Kloster Montecassino auch von Johannes Cassian hat inspirieren lassen. Das benediktinische Kloster gewann beträchtliche Anziehungskraft und strahlte nach aussen, so dass es als Modell für andere Institutionen diente. Einzelne Prinzipien der "Regula Benedicti" finden sich auch im modernen Verfassungsrecht.

CWA-shortlisted author Simon Farquhar reveals the stories behind some of Britain's most extraordinary (yet somehow forgotten) murders

Title 40 presents regulations governing care of the environment from the 14 subchapters of Chapter I and from the provisions regarding the Council on Environmental Quality found in Chapter V. Programs addressing air, water, pesticides, radiation protection, and noise abatement are included.

First published in 1980, Copyright offers an explanation and an analysis of the wider implications of copyright as an instrument for ordering the flows of information and culture within and among societies.

This book examines the intersection between cybersecurity and the law and economy of India, and offers a course of action in designing efficacious policies against emerging cybercrimes.It is of interest to researchers and students of cybersecurity, law and economics, and international relations as well as Indian policy makers.

Originally published in 1951, Nigerian Land Law and Custom (now with a new preface by Olusoji Elias), the first of its kind, is an excellent comparative study of the whole system of land tenure in Nigeria. This book will be of value to students and researchers of African law and custom, and of comparative jurisprudence.

The Handbook on Contemporary Issues in Health and Punishment covers many topics on the numerous ways in which mental and physical health and criminal justice system contact influence one another and are intricately intertwined.

This book examines Japan's relationships with China, Russia, the states of the Korean Peninsula, and Taiwan. Analyzing key points of conflict, their roots, and current relations, it highlights their significance for each country.

This volume draws on the recently discovered and extraordinarily rich scrapbook compiled by prosecuting solicitor Francis Hobler about the 1840 murder of Lord William Russell to consider public engagement with the issues raised from discovery of the murder itself through the ensuing legal processes.

This volume addresses the notion of (in)hospitality in the culture, literature, and thought of Chicanx and Latinx in the United States. The essays, focused on the predicament that individuals and groups face as strangers, unwelcome guests, and unwilling hosts, explore the conditional character of hospitality towards Chicanx and Latinx

This book analyses the impact of the increasing securitization of migration within the international legal and political order.

Bringing together perspectives from academics, practitioners, campaigners, and activists, this book explores the victimology of disability hate crime (DHC). It is essential reading for those engaged with hate studies, victimology, disability, and vulnerable communities, as well as practitioners and campaigners.

In the ever-evolving landscape of law and governance, adaptation and innovation are key to addressing the challenges of our times.

This book discusses copyleft and its impact on the traditional way to conceive of property. It is specifically focused on the European and International juridical framework. This volume will be of interest to students, academics and practitioners with an interest in Contract Law, Property Law and Intellectual Property Law.

Canvassing the socio-legal context for youth detention in Australia with a focus on international human rights law and legal frameworks within Australian states and territories, this book examines the recurring children's rights-violations of recent years, and puts forward strategies for reform.

Through an examination of selected cases, this book problematizes how collective identities are not structurally guaranteed but rather constructed in dialectically interrelated positions and identity layers. The authors show the kind of impact that these processes can, or fail to, have on minority norms, actors and strategies.

This book addresses the concept of civic stratification and examines its contemporary relevance for analysis and understanding of the functioning of rights in society.