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  • Hart Publishing, Oxford - Good books for lawyers
    canons of English public law and in 2015 it will be 250 years old In 1762 the Earl of Halifax one of His Majesty s Principal Secretaries of State despatched Nathan Carrington and three other of the King s messengers to John Entick s house in Stepney They broke into his house seizing his papers and causing significant damage Why Because he was said to have written seditious papers published in the Monitor Entick sued Carrington and the other messengers for trespass The defendants argued that the Earl of Halifax had given them legal authority to act as they had Lord Camden ruled firmly in Entick s favour holding that the warrant of a Secretary of State could not render lawful actions such as these which were otherwise unlawful The case is a canonical statement of the common law s commitment to the constitutional principle of the rule of law In this collection leading public lawyers reflect on the history of the case the enduring importance of the legal principles for which it stands and the broader implications of Entick v Carrington 250 years on Adam Tomkins is the John Millar Professor of Public Law at the University of Glasgow

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849465588 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    the start of the English Civil War It offers a new perspective on the purposes and structures of the regulation of the printing press and considers how and why lawyers used the new technology It examines the way in which lawyers adapted to the use of printed works and the way in which the new technology increased the availability of texts and books for lawyers and the administrative community It also considers the wider humanist context within which law printing developed The story is set against the backdrop of revolutionary changes in English society and the move not only to print the law but also increase its accessibility by making information available in English The book will be of interest to lawyers and legal historians print and book historians and the general reader We are delighted to announce that The Law Emprynted and Englysshed has won the 2015 Legal Research Foundation J F Northey Book Award Notes from the Judges The third book submitted was Judge David Harvey s The Law Emprynted and Englysshed which discusses the printing press as an agent of change in English law and legal culture between 1475 about the time the printing press first arrived in London and 1642 on the eve of the English Civil War The work derives from Judge Harvey s PhD research To complete quality research on an English historical topic while based in New Zealand is in itself no mean feat To then have the results of that research published by Hart Publishing Oxford in the production of a scholarly book embodying original research which will form part of the corpus of English legal history throughout the common law world is a considerable achievement which we agreed should be marked by the award of the Legal Research Foundation prize for

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849466684 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    contributions exploring from different perspectives the images of the consumer in EU law The images of the consumer form the foundation for various EU policies more or less directly oriented towards the goal of consumer protection The purpose of the volume is to establish what visions of the consumer there are in different contexts of EU law whether they are consistent and whether EU law s engagement with consumer related considerations is sincere or merely instrumental to the achievement of other goals The chapters discuss how consumers should be protected in EU contract competition free movement and trade mark law They reflect on the limits of the consumer empowerment rationale as the basis for EU consumer policy The chapters look also at the variety of concerns consumers might have including the cost of goods and services access to credit ethical questions of consumption the challenges of excessive choice and the possibility to influence the content of regulatory measures and explore the significance of these issues for the EU s legislative and judicial process Dorota Leczykiewicz is Associate Professor in the Faculty of Law of the University of Oxford and a Fellow of St Peter s College Stephen Weatherill is the

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849465441 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    have a number of competing goals They must investigate in order to discover the source of the illness Once the source is identified they must take action to prevent further cases of illness occurring Finally once the illness is under control they may wish to take enforcement action against those responsible Regulating Food Borne Illness uses interviews and documentary analysis to examine the actions of regulators and considers how they balance these three tasks Central to the regulators role is the collection of information Without information about the source control or enforcement action cannot be taken Investigation must therefore take place to produce the necessary information Utilising theoretical frameworks drawn from regulation and biosecurity Regulating Food Borne Illness shows that control is prioritised and that investigatory steps are chosen in order to ensure that the information necessary for control rather than enforcement is collected This has the effect of reducing the possibility that enforcement action can be taken The difficulty of evidence gathering and case building in food borne illness cases is exposed and the author considers the methods aimed at reducing the difficulty of bringing successful enforcement action Richard Hyde is a Lecturer in Law at the University of

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849466738 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    from Scotland to the Ukraine remains a resilient political dynamic fostering secessionist movements below the level of the state On the other the competence and capacity of states and indeed the coherence of nationalism as an ideology are increasingly challenged by patterns of globalisation in commerce cultural communication and constitutional authority beyond the state It is the aim of this book to shed light on the relationship between these two processes addressing why the political currency of nationalism remains strong even when the salience of its objective independent and autonomous statehood becomes ever more attenuated The book takes an interdisciplinary approach both within law and beyond with contributions from international law constitutional law constitutional theory history political science and sociology The challenge for our time is considerable Global networks grow ever more sophisticated while territorial borders such as those in Eastern and central Europe grow seemingly more unstable It is hoped that this book by bringing together areas of scholarship which have not communicated with one another as much as they should will help develop an ongoing dialogue across disciplines with which to better understand these challenging and potentially destabilising developments Stephen Tierney is Professor of Law at the University

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849466745 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    s thought which sees her as thinker of political order who considers as crucial a stable and free political order in which political struggle and dissent can happen and occur Endorsements Christian Volk is one of the most original and penetrating Arendt interpreters of his generation This book addresses some of the most misunderstood aspects of Arendtian thought namely her views of law and constitutionalism Volk does away with a lot of misconceptions and guides us to a novel view of Arendt on these questions and beyond Seyla Benhabib Yale University One could not imagine something new on Arendt these days Too much has been written in the last decades But this volume discloses new land and gives a fresh look at Arendt s theory of the political A great book and a must for every reading list Hauke Brunkhorst University of Flensburg Hannah Arendt is famous for her unusual conception of politics but as Christian Volk s rich and seminal study shows Arendt s political theory goes hand in hand with a distinctive understanding of law Volk persuasively charts the emergence of Arendt s complementary approaches to law and politics out of her analysis of the crisis of the European nation state and tests the power of her thought by bringing it into a fresh dialogue with an unusually wide spectrum of contemporary theorists An impressive work that deserves the new audience it will find in this welcome translation Patchen Markell University of Chicago Christian Volk splendidly discovers Hannah Arendt as a legal theorist Lawyers interested in her seminal work should just read this book Christoph Möllers Humboldt University Berlin As Christian Volk persuasively demonstrates reading Arendt as a constitutional theorist is more than just adding another dimension to the interpretation of her work Based on comprehensive textual evidence

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849465847 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    mitigating weight of remorse interact with other aggravating and mitigating factors Are there some offence or offender characteristics that preclude remorse based mitigation Remorse is recognised as a legitimate mitigating factor in many sentencing regimes around the world with powerful effects on sentence severity Although there has been some discussion of whether this practice can be justified within the literature on sentencing and penal theory this monograph provides the first

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849465434 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    coherence theories of law and adjudication These theories significantly advance the case for coherentism in law yet a number of problems remain This ambitious new work is the first to develop a coherence based theory of legal reasoning and in so doing address or at least mitigate these problems The book is organised in three parts Part one critically analyses the main coherentist approaches to both normative and factual reasoning in law Part two investigates coherence theory in a number of fields that are relevant to law coherence theories of epistemic justification coherentist approaches to belief revision and theory choice coherence theories of practical and moral reasoning and coherence based approaches to discourse interpretation Taking this interdisciplinary analysis as a starting point part three develops a coherence based model of legal reasoning building upon the standard theory of legal reasoning leading to a reconsideration of some of the basic assumptions that characterise this theory and suggesting some lines along which it may be further developed Thus the book not only improves upon the current state of coherence theory in law but also helps to articulate a theory of legal reasoning that results in better decision making Amalia Amaya is a

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849460705 (2016-02-13)
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web-archive-uk.com, 2017-12-17