Books in the Law in Context series

This book examines the relationship between illegal migration and globalization. Under the pressures of globalizing forces, migration law is transformed into the last bastion of sovereignty. This explains the worldwide crackdown on extra-legal migration and informs the shape this crackdown is taking. It also means that migration law reflects key facets of globalization and addresses the central debates of globalization theory. This book looks at various migration law settings, asserting that differing but related globalization effects are discernible at each location. The 'core samples' interrogated in the book are drawn from refugee law, illegal labor migration, human trafficking, security issues in migration law, and citizenship law. Special attention is paid to the roles played by the European Union and the United States in setting the terms of global engagement. The book's conclusion considers what the rule of law contributes to transformed migration law.

What can 'globalisation' teach us about law in the Western tradition? This important new work seeks to explore that question by analysing key ideas and events in the Western legal tradition, including the Papal Revolution, the Protestant Reformations and the Enlightenment. Addressing the role of law, morality and politics, it looks at the creation of orders which offer the possibility for global harmony, in particular the United Nations and the European Union. It also considers the unification of international commercial laws in the attempt to understand Western law in a time of accelerating cultural interconnections. The title will appeal to scholars of legal history and globalisation as well as students of jurisprudence and all those trying to understand globalisation and the Western dynamic of law and authority.

In recent years, regulation has emerged as one of the most distinct and important fields of study in the social sciences, both for policy-makers and for scholars who require a theoretical framework that can be applied to any social sector. This timely textbook provides a conceptual map of the field and an accessible and critical introduction to the subject. Morgan and Yeung set out a diverse and stimulating selection of materials and give them context with a comprehensive and critical commentary. By adopting an interdisciplinary approach and emphasising the role of law in its broader social and political context, it will be an invaluable tool for the student coming to regulation for the first time. This clearly structured, academically rigorous title, with a contextualised perspective, is essential reading for all students of the subject.

Many people believe passionately in human rights. Others - Bentham, Marx, cultural relativists and some feminists amongst them - dismiss the concept of human rights as practically and conceptually inadequate. This book reviews these classical critiques and shows how their insights are reflected in the case law of the European Court of Human Rights. At one level an original, accessible and insightful legal commentary on the European Convention, this book is also a groundbreaking work of theory which challenges human rights orthodoxy. Its novel identification of four human rights schools proposes that we alternatively conceive of these rights as given (natural school), agreed upon (deliberative school), fought for (protest school) and talked about (discourse school). Which of these concepts we adopt is determined by particular ways in which we believe, or do not believe, in human rights.

The Law of Evidence has traditionally been perceived as a dry, highly technical, and mysterious subject. This book argues that problems of evidence in law are closely related to the handling of evidence in other kinds of practical decision-making and other academic disciplines, that it is closely related to common sense and that it is an interesting, lively and accessible subject. These essays develop a readable, coherent historical and theoretical perspective about problems of proof, evidence, and inferential reasoning in law. Although each essay is self-standing, they are woven together to present a sustained argument for a broad inter-disciplinary approach to evidence in litigation, in which the rules of evidence play a subordinate, though significant, role. This revised and enlarged edition includes a revised introduction, the best-known essays in the first edition, and chapters on narrative and argumentation, teaching evidence, and evidence as a multi-disciplinary subject.

How does the law of the European Union affect health law and policy? At first sight, it seems limited. However, despite its restricted formal competence, the EU has recently become increasingly involved in the health field. Litigation based on EU law has resulted in a 'right to receive health care services' across national boundaries which may have huge practical implications for national health systems. The EU has promulgated legislation regulating clinical research, and the marketing of pharmaceuticals; patients' rights are affected by EU legislation on data protection and product liability; the qualifications of health care professionals are legally recognised across the EU; and the EU has acted to promote public health. This book explores the various impacts of measures of EU law on national health law and policy. Through elaboration of selected examples, the authors show that, within the EU, health law cannot be regarded as a purely national affair.

This extensively revised second edition is a rigorous introduction to the construction and criticism of arguments about questions of fact, and to the marshalling and evaluation of evidence at all stages of litigation. It covers the principles underlying the logic of proof; the uses and dangers of story-telling; standards for decision and the relationship between probabilities and proof; the chart method and other methods of analyzing and ordering evidence in fact-investigation, in preparing for trial, and in connection with other important decisions in legal processes and in criminal investigation and intelligence analysis. Most of the chapters in this new edition have been rewritten; the treatment of fact investigation, probabilities and narrative has been extended; and new examples and exercises have been added. Designed as a flexible tool for undergraduate and postgraduate courses on evidence and proof, students, practitioners and teachers alike will find this book challenging but rewarding.

An innovative examination of the law's treatment of property, this student textbook provides an extremely useful and readable account of general property law principles. It draws on a wide range of materials on property rights in general, and the English property law system in particular, looking at all kinds of property, not just land. It includes the core legal source materials in property law along with excerpts from social science literature, legal theory, and economics, many of which are not easily accessible to law students. These materials are accompanied by a critical commentary, as well as notes, questions and suggestions for further reading. It will be of interest to undergraduate property law students and to non-law students taking property law modules in courses covering planning, environmental law, economics and estate management.

This book is an original analysis of criminal responsibility, studying developments over the twentieth century within the context of Australian criminal law. Thoroughly researched and written in an accessible style, it will be of interest to scholars and graduate students in criminal law, legal theory and legal history.

Monti explores the development of EC competition law through an interdisciplinary approach, focusing on the political and economic considerations that affect the way the rules are interpreted. Written with competition law students in mind, it should also be of interest to undergraduate and postgraduate students of EU politics and economics.

Law's Ethical, Global and Theoretical Contexts explores key issues in modern law via critical reflection on the work of William Twining, long recognized as a master of comparative jurisprudence who has substantially contributed to a comparative, analytic, general and social theory-based art and craft of 'doing' jurisprudence.

This book provides comparative and detailed case studies of thirteen autonomies from around the world, in which noted experts outline the constitutional, legal and institutional frameworks as well as how these arrangements have worked in practice to protect minority rights and prevent secession of the territories in question.

The book is intended for students, scholars and practitioners of EU law, as well as those interested in legal history, and comparative and international law. The book incorporates the work of leading scholars from a variety of disciplines to re-imagine some of the most significant decisions of the European Court.

The book is intended for students, scholars and practitioners of EU law, as well as those interested in legal history, and comparative and international law. The book incorporates the work of leading scholars from a variety of disciplines to re-imagine some of the most significant decisions of the European Court.

Law's Ethical, Global and Theoretical Contexts explores key issues in modern law via critical reflection on the work of William Twining, long recognized as a master of comparative jurisprudence who has substantially contributed to a comparative, analytic, general and social theory-based art and craft of 'doing' jurisprudence.

This work provides a detailed critique of the current criminal law system as it applies to corporate wrongdoing and assesses the potential for the legal control of corporate criminality as informed by insights gleaned from an understanding of why such crimes occur.

Most academic literature focuses on the position of the child in relation to the parent or the state. In reality, the law is more concerned with the role and function of parents, and this new book addresses the key issues of parental rights and responsibilities.

This book provides comparative and detailed case studies of thirteen autonomies from around the world, in which noted experts outline the constitutional, legal and institutional frameworks as well as how these arrangements have worked in practice to protect minority rights and prevent secession of the territories in question.

This anthology contains a variety of Southern perspectives on human rights and contemporary issues relating to Islam, African custom, constitution making and abuses of the language of human rights.

The third edition of this text is designed to bring the reader up to date with developments in consumer law up to 1999. It includes material on utilities and financial services regulation.

Previous editions of this text have consistently been a favourite amongst common law lawyers. This up-to-date volume provides an advanced analysis of the law of contract for undergraduate courses covering the law of contract and the law of obligations.

In the first book to offer a comprehensive analysis of family law in the European Union, McGlynn critically analyses existing EU law in relation to childhood, parenthood and partnerships, providing a robust challenge to the arguments in favour of the codification of European civil law, including family law.

This work brings together eight linked essays which make the case for a revival of general jurisprudence in response to the challenges of globalisation, and explores how far the heritage of Anglo-American jurisprudence and comparative law is adequate to meeting the challenges.

European Labour Law explores how individual European national legal systems, in symbiosis with the European Union, produce a distinctly European transnational labour law system. This extensively updated second edition examines the system's limitations and the challenges it faces as the European Union's influence on this area of social policy grows.

This 2007 book explores environmental law from a range of perspectives, emphasising the policy world behind environmental law. A range of regulatory techniques is explored, through a close examination of both pollution control and land use, including case studies on the regulation of both genetically modified organisms and renewable energy projects.

Examining the diversity of perspectives and approaches in family law scholarship and drawing upon this work, this book provides an analysis of recent trends in family law from a socio-legal and feminist perspective, and questions the nature of the 'nuclear' family.

This 2004 book takes a global view of the fundamental legal issues raised by the advent of the Internet as an international communications mechanism. Legal and other materials are integrated to support the discussion of how technological, economic and political factors are shaping the law governing the Internet. For both students and practitioners.