Hart Publishing has released a number of new titles, including:
Marc T Moore, Corporate
Governance in the Shadow of the State
Over recent decades corporate governance has developed
an increasingly high profile in legal scholarship and practice, especially in
the US and UK. But despite widespread interest, there remains considerable
uncertainty about how exactly corporate governance should be defined and
understood. In this important work, Marc Moore critically analyses the core
dimensions of corporate governance law in these two countries, seeking to
determine the fundamental nature of corporate governance as a subject of legal
enquiry. In particular, Moore examines whether Anglo-American corporate
governance is most appropriately understood as an aspect of 'private'
(facilitative) law, or as a part of 'public' (regulatory) law. In contrast to
the dominant contractarian understanding of the subject, which sees corporate
governance as an institutional response to investors' market-driven private
preferences, this book defines corporate governance as the manifestly public
problem of securing the legitimacy – and, in turn, sustainability – of
discretionary administrative power within large economic organisations. It
emphasises the central importance of formal accountability norms in
legitimating corporate managers' continuing possession and exercise of such
power, and demonstrates the structural necessity of mandatory public regulation
in this regard. In doing so it highlights the significant and conceptually
irreducible role of the regulatory state in determining the key contours of the
Anglo-American corporate governance framework. The normative effect is to
extend the state's acceptable policy-making role in corporate governance, as an
essential supplement to private ordering dynamics.
Antoine Vauchez and Bruno
de Witte (eds), Lawyering
Europe: European Law as a
Transnational Social Field
While scholarly writing has dealt with the role of law
in the process of European integration, so far it has shed little light on the
lawyers and communities of lawyers involved in that process. Law has been one
of the most thoroughly investigated aspects of the European integration
process, and EU law has become a well-established academic discipline, with the
emergence more recently of an impressive body of legal and political science
literature on 'European law in context'. Yet this field has been dominated by
an essentially judicial narrative, focused on the role of the European courts,
underestimating in the process the multifaceted roles lawyers and law play in
the EU polity, notably the roles they play beyond the litigation arena. This
volume seeks to promote a deeper understanding of European law as a social and
political phenomenon, presenting a more complete view of the European legal
field by looking beyond the courts, and at the same time broadening the
scholarly horizon by exploring the ways in which European law is actually made.
To do this it describes the roles of the great variety of actors who stand
behind legal norms and decisions, bringing together perspectives from various
disciplines (law, political science, political sociology and history), to offer
a global multi-disciplinary reassessment of the role of 'law' and 'lawyers' in
the European integration process.
Mikael Rask Madsen and Gert
Verschraegen (eds), Making
Human Rights Intelligible: Towards a
Sociology of Human Rights
Human rights have become a defining feature of
contemporary society, permeating public discourse on politics, law and culture.
But why did human rights emerge as a key social force in our time and what is
the relationship between rights and the structures of both national and
international society? By highlighting the institutional and socio-cultural
context of human rights, this timely and thought-provoking collection provides
illuminating insights into the emergence and contemporary societal significance
of human rights. Drawn from both sides of the Atlantic and adhering to
refreshingly different theoretical orientations, the contributors to this
volume show how sociology can develop our understanding of human rights and how
the emergence of human rights relates to classical sociological questions such
as social change, modernisation or state formation. Making Human Rights
Intelligible provides an important sociological account of the
development of international human rights. It will be of interest to human
rights scholars and sociologists of law and anyone wishing to deepen their
understanding of one of the most significant issues of our time.
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