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Special Issue - Legal Bodies:
Corpus/Persona/Communitas
We are pleased to offer you free access* to the latest
Special issue from Law & Literature on 'Legal Bodies'.
Law & Literature is the leading
interdisciplinary law journal directed to law and the arts. This issue
investigates the way literary and artistic texts interrogate the notion of
'personhood', focussing on both historical and contemporary (re-)
conceptualizations of the notion within the domain of law.
Articles
include:
*Free access is available until the end of
February, 2017.
Kind
regards,
Bryony Goodwin Routledge Law |
08 February 2017
Law & Literature on 'Legal Bodies'
31 January 2017
New from Hart Publishing
Legitimate Expectations in the Common Law World
Edited by Matthew Groves and Greg Weeks
The recognition and enforcement of legitimate expectations by courts has
been a striking feature of English law since R v North and East Devon Health
Authority; ex parte Coughlan [2001] 3 QB 213. Although the
substantive form of legitimate expectation adopted in Coughlan was quickly
accepted by English courts and received a generally favourable response from
public law scholars, the doctrine of that case has largely been rejected in
other common law jurisdictions. The central principles of Coughlan have been
rejected by courts in common law jurisdictions outside the UK for a range of
reasons, such as incompatibility with local constitutional doctrine, or because
they mark an undesirable drift towards merits review. The sceptical and
critical reception to Coughlan outside England is a striking
contrast to the reception the case received within the UK. This book provides a
detailed scholarly analysis of these issues and considers the doctrine of
legitimate expectations both in England and elsewhere in the common law world.
Matthew Groves is Professor of Law at the
Faculty of Law, Monash University.
Greg Weeks is Senior Lecturer in the
Faculty of Law, University of New South Wales.
January 2016
9781849467780 368pp
Hardback RSP: $108
Imprint: Hart Publishing
DISCOUNT RATE TO EMAIL LIST SUBSCRIBERS: $97.20 (+
postage)
Negligence and Illegality
Sharon Erbacher
This book examines claims in negligence arising from illegal conduct of
the claimant. An array of public policy and other grounds have been advanced
for resolving these claims, resulting in an area that is characterised by
confusing and contradictory case law. The book analyses the various
explanations put forward as the basis for illegality doctrine within a
framework of corrective justice theory.
Illegality law poses particular challenges for the corrective justice
explanation of negligence law, as many illegality tests are based on public
policy considerations external to the relationship of the parties.
The book argues that the only circumstance where illegality doctrine
should be applied to deny a claim is where this is necessary to preserve the
coherence of the legal system. It develops the work of Ernest Weinribian
corrective justice theorists to explain how the principle of legal coherence
fits within the framework of corrective justice theory, and why legal coherence
is the only valid conceptual basis for a doctrine of illegality. It also
contains a detailed study on the scope of the coherence rationale and the
principles that will determine its application.
Sharon Erbacher is a Senior Lecturer at the
Law School at Deakin University, Australia.
January 2016
9781509906666 272pp
Hardback RSP: $108
Imprint: Hart Publishing
DISCOUNT RATE TO EMAIL LIST SUBSCRIBERS: $97.20 (+
postage)
Private Law and Power
Edited by Kit Barker, Simone Degeling, Karen Fairweather and Ross
Grantham
The aim of this edited collection of essays is to examine the
relationship between private law and power – both the public power of the state
and the ‘private’ power of institutions and individuals. It describes and
critically assesses the way that private law doctrines, institutions, processes
and rules express, moderate, facilitate and control relationships of power. The
various chapters of this work examine the dynamics of the relationship between
private law and power from a number of different perspectives – historical,
theoretical, doctrinal and comparative. They have been commissioned from
leading experts in the field of private law, from several different
Commonwealth Jurisdictions (Australia, the UK, Canada and New Zealand), each
with expertise in the particular sphere of their contribution. They aim to
illuminate the past and assist in resolving some contemporary, difficult legal
issues relating to the shape, scope and content of private law and its
difficult relationship with power.
Kit Barker is Professor of Private Law, Karen
Fairweather is an Associate Lecturer and Ross Grantham is
Professor of Commercial Law, all at the TC Beirne School of Law,
University of Queensland.
Simone Degeling is Professor of Law at UNSW
Australia.
January 2016 9781509905997
320pp Hardback RSP: $128
Imprint: Hart Publishing
DISCOUNT RATE TO EMAIL LIST SUBSCRIBERS: $115.20 (+
postage)
SIXTH EDITION
Dalhuisen on Transnational Comparative, Commercial, Financial and Trade
Law
3 Volume Set
Jan H Dalhuisen
This is the sixth edition of the leading work on transnational and
comparative commercial and financial law, covering a wide range of complex
topics in the modern law of international commerce, finance and trade. As a
guide for students and practitioners it has proven to be unrivaled. The work is
divided into three volumes, each of which can be used independently or as part
of the complete work.
Volume one covers the roots and foundations of private law; the
different orientations and structure of civil and common law; the concept,
forces, and theoretical basis of the transnationalisation of the law in the
professional sphere; the autonomous sources of the new law merchant or modern
lex mercatoria, its largely finance-driven impulses; and its relationship to
domestic public policy and public order requirements.
Volume two deals with transnational contract, movable and intangible
property law.
Volume three deals with financial products and financial services, with
the structure and operation of modern commercial and investment banks, and with
financial risk, stability and regulation, including the fall-out from the
recent financial crisis and regulatory responses in the US and Europe.
All three volumes may be purchased separately or as part of this set.
Jan H Dalhuisen is Professor of Law at King's
College London and Miranda Chair in Transnational Financial Law in the Catholic
Universtity in Lisbon. He is a Visiting Professor at the University of
California at Berkeley and former Visiting Professor at the Tsinghua University
in Beijing, the University of Hong Kong and the University of New South Wales
in Sydney Australia.
January 2016
9781509907533 Hardback RSP: $534
Imprint: Hart Publishing
DISCOUNT RATE TO EMAIL LIST SUBSCRIBERS: $480.60 (+
postage)
Access to Justice and Legal Aid
Comparative Perspectives on Unmet Legal Need
Edited by Asher Flynn and Jacqueline Hodgson
This book considers how access to justice is affected by restrictions to
legal aid budgets and increasingly prescriptive service guidelines. As common
law jurisdictions, England and Wales and Australia, share similar ideals,
policies and practices, but they differ in aspects of their legal and political
culture, in the nature of the communities they serve and in their approaches to
providing access to justice. These jurisdictions thus provide us with different
perspectives on what constitutes justice and how we might seek to overcome the
burgeoning crisis in unmet legal need.
The book fills an important gap in existing scholarship as the first to
bring together new empirical and theoretical knowledge examining different
responses to legal aid crises both in the domestic and comparative contexts,
across criminal, civil and family law. It achieves this by examining the
broader social, political, legal, health and welfare impacts of legal aid cuts
and prescriptive service guidelines. Across both jurisdictions, this work
suggests that it is the most vulnerable groups who lose out in the way the law
now operates in the twenty-first century. This book is essential reading for
academics, students, practitioners and policymakers interested in criminal and
civil justice, access to justice, the provision of legal assistance and legal
aid.
Asher Flynn is a Senior Lecturer in
Criminology within the School of Social Sciences at Monash University.
Jacqueline Hodgson is Professor of Law and
Director of the Criminal Justice Centre in the School of Law, University of
Warwick.
January 2016
9781509900848 336pp
Hardback RSP: $94
Imprint: Hart Publishing
DISCOUNT RATE TO EMAIL LIST SUBSCRIBERS: $84.60 (+
postage)
EU Non-Discrimination Law in the Courts
Approaches to Sex and Sexualities Discrimination in EU Law
Jule Mulder
Since the year 2000, the material and personal scope of EU
non-discrimination law has been significantly broadened and has challenged
national courts to introduce a comprehensive equality framework into their
national law to correspond with the European standard. The book provides a
multi-layered culturally informed comparison of juridical approaches to EU
(in)direct sex and sexualities discrimination and its implementation in Germany
and the Netherlands. It examines how and why national courts apply national
non-discrimination law with a European origin differently, although the
legislation derives from the same set of EU law and the national courts have to
respect the interpretive competence of the CJEU. The book provides valuable
insights into the national and European context which shape the dialogue and
influences of the courts inter se, the national application of EU law, and the
harmonisation process within the area of gender equality law and beyond.
A Dutch and German comparison is of special interest here because both
countries’ approaches towards non-discrimination law are quite different
despite the similarities in the respective legal systems; they are founding
members of the EU, they are neighbours, they are civil law countries, and their
legal systems are relatively similar at least compared to Scandinavian
and common law jurisdictions. Therefore, the different reception EU
non-discrimination law cannot simply be explained by obvious differences
between the legal systems. Their comparison thus provides an interesting case
study to uncover legal and non legal, cultural and historic, factors which
influence the application of EU non-discrimination law in both countries. The
book is of interest for EU, comparative and equality lawyers.
Jule Mulder is a lecturer in law at the
University of Bristol.
January 2016
9781849467636 344pp
Hardback RSP: $88
Imprint: Hart Publishing
DISCOUNT RATE TO EMAIL LIST SUBSCRIBERS: $79.20 (+
postage)
Multilevel Constitutionalism for Multilevel Governance of Public Goods
Methodology Problems in International Law
Ernst Ulrich Petersmann
This is the first legal monograph analysing multilevel governance of
global ‘aggregate public goods’ (PGs) from the perspective of democractic,
republican and cosmopolitan constitutionalism by using historical, legal,
political and economic methods. It explains the need for a ‘new philosophy of
international law’ in order to protect human rights and PGs more effectively
and more legitimately. 'Constitutional approaches’ are justified by the
universal recognition of human rights and by the need to protect ‘human
rights’, ‘rule of law’, ‘democracy’ and other ‘principles of justice’ that are
used in national, regional and UN legal systems as indeterminate legal
concepts. The study describes and criticizes the legal methodology problems of
‘disconnected’ governance in UN, GATT and WTO institutions as well as in
certain areas of the external relations of the EU (like transatlantic free
trade agreements). Based on 40 years of practical experiences of the author in
German, European, UN, GATT and WTO governance institutions and of simultaneous
academic teaching, this study develops five propositions for constituting,
limiting, regulating and justifying multilevel governance for the benefit of
citizens and their constitutional rights as ‘constituent powers’, ‘democratic
principals’ and main ‘republican actors’, who must hold multilevel governance
institutions and their limited ‘constituted powers’ legally, democratically and
judicially more accountable.
Ernst Ulrich Petersmann is emeritus
professor and former head of the law department of the European University
Institute at Florence (Italy). He combined 40 years of legal practice in
German, European, UN, GATT and WTO governance institutions with teaching
international and European law at numerous universities in Germany,
Switzerland, Italy, the USA as well as in African and Asian countries. He was
secretary, member or chairman of numerous GATT/WTO dispute settlement panels
and chairman of the International Trade Law Committee of the International Law Association
(1999–2014).
January 2016
9781509909124 416pp
Hardback RSP: $114
Imprint: Hart Publishing
DISCOUNT RATE TO EMAIL LIST SUBSCRIBERS: $102.60 (+
postage)
Please click
on the links below each title to order through our website, alternatively
please contact ISBS to place your order quoting the reference ‘HART EMAIL’
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27 January 2017
Share Knowledge and Thoughts on Law & Food: Still Time to Submitt!
Call for Paper Extended until February 28
JURIS DIVERSITAS
5th ANNUAL CONFERENCE
July 10-12, 2017
Lyon, France
EM Lyon & Université
Jean Moulin
Law & Food
La cuisine juridique
The Theme:
For
its 5th Annual Conference, Juris Diversitas revisits its culinary
origins, expressed in the logo. The links between law and food are as old as
the concept of law. Babylon, Egypt, Greece, and Rome cared about access to
water resources and food, whether it came to trade or protection. Since times
immemorial, Bhutan makes sure every citizen has access to a minimal acreage of
land to secure food for the family. Whilst religions multiplied food
prohibitions and prescriptions, customs redistributed land, shared its
occupancy in creative ways, or favored communal property so that everyone had
access to food. Laws have multiplied to facilitate food trade, security,
safety, traceability, and also to promote and protect food and wine production,
using trademarks and geographical denominations. In addition, the language of
food and cooking offers legal thinkers and teachers mouth-watering metaphors,
comparing rules to recipes, and their combination to culinary processes.
All
law related food topics, whether liquid or solid, vegetal or animal, real or
symbolic, tasty or toxic, old or new, home-made or industrial, fast or
simmering, whether connected or not to the environment, sustainable
development, climate change, literature, art, science, faith, beliefs, or any
dimension of human experience may be revisited in an interdisciplinary
perspective from the moment they intersect with rules, norms, or prescriptions
of all kinds. You are invited to cook and share food for thought at every
possible level, past, present, and future, local, regional, and global, topical
and utopic, and feed at a two-day and a half worldwide intellectual banquet in
a truly unique culinary capital of Europe.
Submissions:
Panel
proposals and interdisciplinary presentations are strongly encouraged, as is
the participation of doctoral students and scholars from outside of the
discipline of law. While parallel sessions featuring three presentations of
twenty-minute each will be the pattern, more creative arrangements are encouraged.
Proposals should be in English or in French.
Proposals of circa 250 words (or 1000 words for panel proposals with three or
more speakers) should be submitted to Professor Salvatore Mancuso at : jdlyon2017@yahoo.com by FEBRUARY 28, 2017, with a short biography paragraph listing major or relevant
publications. Make this a single Word document with minimal formatting, so that
proposal and biography can be copied easily into the conference program.
Registration Fees:
€200 or €125 for Juris Diversitas members paid
up for 2017. Membership and fee payment information is available on the Juris
Diversitas Blog (http://jurisdiversitas.blogspot.com/). Note that fees do not cover travel,
accommodation, or the conference dinner (€50).
17 January 2017
6th Annual International Conference on Law, Regulations and Public Policy (LRPP 2017)
We invite you/your research students to submit a paper to the 6th
Annual International Conference on Law, Regulations and Public Policy (LRPP
2017) which will be held on 5th - 6th June 2017 in
Singapore.
The co-Program Chairs are
Dr. Suresh V Nadagoudar, Bangalore University, India and Prof. K.C. Sunny, University
of Kerala, India and the Editor-In-Chief is Prof. Tony Carty, The University of Hong Kong.
The extended full paper submission deadline is on 10th February 2017. Hope
that provides adequate time for you to complete the paper submission. If you
need more time, please let us know and we will consider on a case by case basis
for an extended deadline.
LRPP 2017 Highlights:
!P Workshop on !§The
Climate Future of Law. How will Climate Change Affect the Future Development of
the Cognate Areas of Law, Specifically the Law of Property, Contract and Tort!‥ by Prof. Paul
Babie, The University of Adelaide, Australia.
!P
Keynote
Addresses
!P
Prof. Paul Babie, Personal Chair of Law in
the Adelaide Law School, The University of Adelaide, Australia- The Climate Future of Property Law
!P
Prof. Gabriel Moens, Professor of Law, Curtin
Law School, Australia - Improving Public
Health through Behavioural Rules: A Legitimate Legislative Project of a Nany
State or a Nudge State?
!P
Asst. Prof. Kevin Kwok-yin
Cheng, Faculty
of Law, The Chinese University of Hong Kong - Why Do Criminal Trials Crack? An Empirical Investigation of Late Guilty
Pleas in Hong Kong
!P
Assoc. Prof. Charles Qu, School of Law, City
University of Hong Kong
!P
LRPP 2017 Conference
Proceedings: Print ISSN:
2251-3809, E-Periodical ISSN: 2251-3817 will be published and submitted to
several indexing partners.
!P
Journal of Law and Social
Sciences: All
authors who present their papers at the conference will be invited to submit an
extended version of their research paper for the GSTF Journal of Law and Social Sciences (JLSS) - Print ISSN: 2251-2853, E-periodical: 2251-2861. All
submitted papers will go through blind review process for acceptance. All
accepted papers (after the review process) will be included in the JLSS.
!P
Best Paper Awards and Best Student Paper Awards will be
conferred at the conference (in order to qualify for the award, the paper must
be presented at the conference).
!P
LRPP 2017 will also constitute a Special Panel Session.
!P
Panel Proposals are invited for submission. A minimum of three
papers centering on a specific topic will be accepted for submission under Panel
Category.
For more
information, please visit the LRPP 2017 website: http://law-conference.org/. Would appreciate if you could disseminate this
information to your colleagues/students who might be interested to participate
in this year's LRPP conference.
Should you require
any assistance or clarification, please do not hesitate to contact us at secretariat@law-conference.org.
Ana
Martina Tubilleja
Program
Manager
10
Anson Road, International Plaza,
#13-12, Singapore- 079903
#13-12, Singapore- 079903
Phone:
+65 6236 1544| Fax: +65 6327 0162
Job Offer: Visiting Lecturership at the University of Tuscia
JOB OFFER – VISITING LECTURER
During the Spring Semester of this academic year (2016-2017), the
DISTU Department of the University of Tuscia, in its effort to promote the
internationalisation of the legal studies, will offer a course on “Civil Law
and Common Law Systems: Convergences and Divergences” as part of its Programme
in Law.
The course – open to the attendance of undergraduate and doctoral
students – will consist of 6 lectures, each one lasting 3 hours, to be held in
English, preferably in three consecutive weeks, in the period March-April 2017.
The DISTU Department seeks to appoint a foreign (non-Italian)
visiting scholar, who will be responsible for the delivery of the course, as
well as for the evaluation of the short essays that students will elaborate
during the course in order to obtain the certificate and the 10 credits
provided for the course. No more than 20 students will attend the course.
The Department has allocated up to a maximum of € 3,000.00
(remuneration, travel and living expenses included). The gross sum of € 250.00
will be paid for each day’s seminar, which is to be considered as exclusive of
all taxes and duties applicable to the University and/or the recipient.
Travel and living expenses will also be reimbursed up to a maximum
of € 1,500.00.
Requisites
The candidate should:
1. Not be of Italian nationality;
2. Be in possession of a level of competency of the English
language of at least C1;
3. Hold a Masters degree or equivalent or a Research Doctorate or
PhD;
4. Have academic, professional and teaching experience in the
field of the Human Rights.
The application (written in English) should be sent to the
Director of the DISTU Department, Professor Giulio Vesperini (email to sangiovanni@unitus.it, and copy to mario.savino@unitus.it) by 25 January
2017. It should include a detailed academic-professional curriculum (written in
English) and a list of the candidate’s academic publications. The DISTU
Department will give communication of the results of the selection process by
10 February 2017.
05 January 2017
New from Oxford University Press
Separation of Powers in African Constitutionalism
Edited by Charles M. Fombad
Stellenbosch Handbooks in African Constitutional Law
- The first book addressing all the constitutional traditions of the African continent
- Permits the reader to compare constitutional developments across African nations and worldwide
- Written from a range of African perspectives, offering expert knowledge of African constitutional law
Choice of Law
Dean Symeon C. Symeonides
Oxford Commentaries on American Law
- Provides in-depth, sophisticated coverage of the choice-of-law part of Conflicts Law (or Private International Law) as practiced in the U.S., with necessary comparisons with foreign laws
- Explains the doctrinal and methodological foundations of choice of law and then focuses on its actual practice, examining not only what courts say but also what they do
- Identifies the emerging decisional patterns and formulates predictions about likely outcomes
- Written by an award winning author and renowned expert in conflicts law
The Purse and the Sword
The Trials of Israel's Legal Revolution
Daniel Friedmann
- Presents a critical analysis of Israel's legal system in the context of its politics, history, and society
- Examines the extensive powers that Israel's Supreme Court arrogated to itself since the 1980s
- Traces the historic transformation of Israel's legal system and the shifts in the balance of power between the branches of government
- Developments are detailed in the context of major issues faced by a modern Israel
- Analyzes the causes of public distrust of the Court and the rebalancing of power towards the political branches
Parliaments and the European Court of Human Rights
Alice Donald and Philip Leach
- Provides an authoritative exploration of democratic legitimacy in human rights interpretation, adjudication, and implemetation; combining new empirical data with theoretical insights
- Offers a detailed investigation of five European states with differing records of compliance with ECtHR decisions
- Analyses parliamentary actors in terms of their own actions, and their relationship with other domestic and supranational actors
Islamic Legal Revival
Reception of European Law and Transformations in Islamic Legal Thought in Egypt, 1875DS1952
Leonard Wood
Oxford Islamic Legal Studies
- A timely examination of the movement to revive Islamic law
- Presents for the first time unknown aspects of the legal and intellectual history of the Islamic world and Islamic political movements.
- Accessible to a wide audience, both specialist and non-specialist alike
19 December 2016
Juris Diversitas, 5th Annual Conference, Lyon, July 10-12, 2017
CALL FOR PAPERS
JURIS DIVERSITAS
5th ANNUAL CONFERENCE
July 10-12, 2017
Lyon, France
In partnership with
EM Lyon & Université
Jean Moulin
Law & Food
La cuisine
juridique
The Theme:
For its 5th Annual
Conference, Juris Diversitas revisits its culinary origins, expressed in the
logo. The links between law and food are as old as the concept of law. Babylon,
Egypt, Greece, and Rome cared about access to water resources and food, whether
it came to trade or protection. Since times immemorial, Bhutan makes sure every
citizen has access to a minimal acreage of land to secure food for the family.
Whilst religions multiplied food prohibitions and prescriptions, customs
redistributed land, shared its occupancy in creative ways, or favored communal
property so that everyone had access to food. Laws have multiplied to
facilitate food trade, security, safety, traceability, and also to promote and
protect food and wine production, using trademarks and geographical
denominations. In addition, the language of food and cooking offers legal
thinkers and teachers mouth-watering metaphors, comparing rules to recipes, and
their combination to culinary processes.
All law related food topics,
whether liquid or solid, vegetal or animal, real or symbolic, tasty or toxic,
old or new, home-made or industrial, fast or simmering, whether connected or
not to the environment, sustainable development, climate change, literature,
art, science, faith, beliefs, or any dimension of human experience may be
revisited in an interdisciplinary perspective from the moment they intersect
with rules, norms, or prescriptions of all kinds. You are invited to cook and
share food for thought at every possible level, past, present, and future,
local, regional, and global, topical and utopic, and feed at a two-day and a
half worldwide intellectual banquet in a truly unique culinary capital of
Europe.
Submissions:
Panel proposals and
interdisciplinary presentations are strongly encouraged, as is the
participation of doctoral students and scholars from outside of the discipline
of law. While parallel sessions featuring three presentations of twenty-minute
each will be the pattern, more creative arrangements are encouraged.
Proposals
should be in English or in French. Proposals of circa 250 words
(or 1000 words for panel proposals with three or more speakers) should be
submitted to Professor Salvatore Mancuso at : jdlyon2017@yahoo.com
by January 31, 2017, with a short biography paragraph listing
major or relevant publications. Make this a single Word document with minimal
formatting, so that proposal and biography can be copied easily into the
conference program.
Registration Fees:
€200 or
€125 for Juris Diversitas members paid up for 2017. Membership and fee
payment information is available on the Juris Diversitas Blog (http://jurisdiversitas.blogspot.com/). Note
that fees do not cover travel, accommodation, or the conference dinner
(€50).
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