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  • Hart Publishing, Oxford - Good books for lawyers
    Edition Anna Beckers Corporate social responsibility codes are guidelines that companies voluntarily develop and publish with the objective to show the public their commitment to respect human rights to improve fundamental workplace standards worldwide and to not pollute the natural environment These corporate codes have become a crucial element in the regulatory architecture for globally operating companies By focusing on the characteristics of the codes their effects on society and their legal consequences this book seeks to provide a comprehensive analysis of corporate codes and the law Enforcing Corporate Social Responsibility Codes develops proposals on the relation between global corporate self regulation and the national private law systems It uses methods of comparative law and sociological jurisprudence to argue that national private law can and in fact should enforce these codes as genuine legal obligations The author formulates legal policy recommendations for English and German private law which indicate how the proposed legal enforcement could be practically realised The dissertation on which this book is based was awarded the second prize in the humanities category of the Deutscher Studienpreis German Thesis Award by the Koerber Foundation in November 2015 Anna Beckers is a member of the Maastricht European Private Law

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849468992 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    law is a crucial prerequisite for economic development However even though international trade has increased enormously in recent decades we still know little about the contract enforcement mechanisms that exist in today s globalised markets The aim of this work is to shed light on the governance of complex cross border contracts by developing a comprehensive theoretical framework for understanding the relevance of both formal and informal institutions This framework is then applied to an empirical study of cross border software development contracts Combining a unique data set of 41 qualitative expert interviews with statistical data and surveys the author demonstrates that state contract laws show fundamental signs of dysfunction across borders Companies engaged in globalised exchange therefore rarely use this mechanism Even the European Union s supranational enforcement order is in practice insignificant Against all expectations international commercial arbitration also turns out to be limited in its ability to provide a workable legal infrastructure for global commerce With global trade lacking a reliable formal legal order companies have reacted by creating their own informal governance structures This book explains how complex exchange in global markets has emerged in the absence of a global legal order Thomas Dietz is Associate

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849465403 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    has been writing about contracts and contract law for over 50 years the 1960s were particularly productive years for him when he introduced many novel ideas into the scholarly world Macaulay s foundational work for what is now called relational contract theory was published during this period Macaulay is also known for his use of empirical research and interdisciplinary theories to illuminate our knowledge of contracting practices The papers in this volume reflect in diverse ways on the subsequent influence and the contemporary relevance of Macaulay s work All the contributors are important contracts scholars in their own right David Campbell and John Wightman from the UK Brian Bix Jay Feinman Robert Gordon Claire Hill Charles Knapp Ethan Leib Deborah Post Edward Rubin Carol Sanger Robert Scott Gordon Smith Josh Whitford with Li Wen Lin and William Woodward from the USA The volume also reproduces Macaulay s most cited paper Non Contractual Relations in Business and excerpts from two other important papers of his Private Legislation and the Duty to Read Business Run by IBM Machine the Law of Contracts and Credit Cards and The Real and The Paper Deal Empirical Pictures of Relationships Complexity and the Urge for Transparent

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849463010 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    contextualises these within the general structural transformations characterising contemporary society It furthermore explores the constitutional implications of the crisis and suggests concrete changes to the constitutional set up of contemporary society Although the question of individual responsibility is of crucial importance the central idea animating the volume is that the crisis cannot be reduced to a mere failure of risk perception and management for which individual and collective actors within and outside of financial organisations are responsible The 2008 crisis should rather be understood as a symptom of far deeper structural transformations For example contemporary society is characterised by massive accelerations in the speed with which societal processes are reproduced as well as radical expansions in the level of globalisation These transformations have however been asymmetrical in nature insofar as the economic system has outpaced its legal and political counterparts The future capability of legal and political systems to influence economic reproduction processes is therefore conditioned by equally radical transformations of their respective operational forms and self understanding Potentially the 2008 crisis therefore has far reaching constitutional implications Poul F Kjaer is Alexander von Humboldt Fellow at the Cluster of Excellence Formation of Normative Orders Goethe University Frankfurt am Main

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841130101 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    sensitivity to the social and economic risks of dis embedding politics Their re construction by Polanyi including his warning against a commodification of labour land and money provide the trans disciplinary reference point for the contributions to this book Political economy political theory sociology and political science inform this discussion of Polanyi s insights in the age of globalisation Further theoretical essays and case studies look at his false commodities money labour and services land and the environment Jurists have hardly ever discussed Polanyi and the law has not been taken very seriously among Polanyians It is nevertheless clear that economic stability and social protection are simply inconceivable without the visible hand of law The legal discussion in the concluding chapters does not and cannot depart directly from such premises The framework of their analyses is instead informed by current debates on the emergence of para legal regimes the fragmentation of international law and the prospects of constitutional perspectives within which the rule of law and the notion of law mediated legitimate governance are established Polanyi s notion of the co originality of dis embedding moves and re imbedding countermoves can however be usefully employed in the re construction of

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849461191 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    card transaction between a customer retailer and the issuer of the card How should the law analyse this hybrid economic phenomenon It is neither exactly a market relationship because that overlooks the co ordination relational qualities and interdependence of the contracts nor is it a type of business association or company since it lacks a centralised co ordinating authority that receives the residual profits This book is a translation of Gunther Teubner s classic work on networks setting out his novel legal concept of connected contracts In it he explains how this concept addresses the problems posed by networks such as the question whether the network as a whole can be held legally responsible for damage that it causes to third parties such as customers A substantial introduction by Hugh Collins explains the analysis of networks in the context of German law and the systems theory from which Teubner approaches the topic The introduction also explores how far the concept of connected contracts might assist in the common law world including the UK and the USA to address the same problems that arise in cases involving networks As well as making a contribution to comparative law and legal theory the

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849461740 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    political scientists economists and lawyers Empirical observation shows that network arrangements can be found in many branches of business This is often linked to rapid changes in today s markets and technologies but it is not the only reason Legal institutions have been at the centre of private law since the industrial revolution but today contracts and corporations cannot cope with the risks and opportunities posed by networks Legal practice needs solutions which go beyond the classical traditions of thinking in the dichotomy of contract and corporation This volume is the outcome of a conference held in Fribourg Switzerland which focused on the legal treatment of contractual networks in particular questions of network expectations the fragility of network institutions and the question of how law can minimise network specific risks towards third parties The contributors among them many of the world s leading scholars in this field include Roger Brownsword Simon Deakin Gunther Teubner Hugh Collins and Marc Amstutz The book will be of interest to scholars of contract corporate law and legal theory Marc Amstutz is Professor of Commercial and Legal Theory University of Fribourg Switzerland Gunther Teubner is Professor of Law and Principal Investigator at the Cluster of

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841139456 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    Comparative Remedies for Breach of Contract First Edition Edited by Nili Cohen Ewan McKendrick The book provides a comparative analysis of the law relating to remedies for breach of contract It examines different remedies such as specific performance and damages doing so from the viewpoint of different legal systems principally the English American German French and Israeli Each essay is written by a recognised specialist in his or her own field Topics covered include the relationship between substantive rights and contract remedies the recent reforms of the law relating to breach of contract in Germany the remedies in the context of a third party beneficiary and the extent to which a claimant can choose the remedy which he or she deems to be the most appropriate The book also makes use of a range of techniques particularly economic analysis when examining the legal rules The book contains an introductory essay written by the editors and an essay by Professor Friedman which deals with the relationship between substantive rights and contract remedies Nili Cohen is Professor of Law at Tel Aviv University where she was previously Rector Ewan McKendrick is Professor of English Private Law in the University of Oxford and

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841134536 (2016-02-13)
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