Diese Reihe betrachtet das Recht nicht nur als eine Sammlung von Regeln, sondern als ein Phänomen, das in breitere gesellschaftliche, kulturelle und politische Zusammenhänge eingebettet ist. Sie fördert innovative Monographien und Texte, die Rechtsthemen kritisch untersuchen, indem sie Erkenntnisse aus verschiedenen Geistes- und Sozialwissenschaften zieht. Ziel ist es, ein tieferes, praxisbezogeneres Verständnis dafür zu entwickeln, wie das Recht funktioniert, und über die reine Darstellung von Gesetzen hinauszugehen. Die Publikationen reichen von Originalforschungen bis hin zu Lehrbüchern, die alle kontextbezogene und interdisziplinäre Ansätze hervorheben.
This book analyses the legal construction of the national and the foreigner in ten countries across South America during a period of two hundred years. It will be of interest to migration and citizenship scholars interested in global, regional, comparative, historical and constitutional developments.
This book offers unique insights into Islamic law, considering its theoretical perspectives alongside its practical application in daily Muslim life.
This new edition takes account of all relevant judicial and legislative developments since the third edition and incorporates discussion of current law reform proposals such as those relating to the law of charity. It also expands the discussion of key themes in current developments of the law especially those relating to (i) the tensions between trusts law and the law of restitution and (ii) the consequences of the still extant division between common law and equity.
Examines contemporary perspectives on law through Twining's scholarly work and with a focus on ethical, global and theoretical contexts.
Focusing on the critical themes of parental rights and responsibilities, this book explores the complexities surrounding family dynamics and legal frameworks. It delves into the challenges parents face in asserting their rights while navigating societal expectations and legal obligations. Through insightful analysis, the author illuminates the balance between protecting children's welfare and honoring parental authority, making it a vital read for those interested in family law and child development.
Provides unique insight into debates in the field of human rights around how to address violent and traumatic pasts, reconcile divided nations, and strengthen state institutions in the aftermath of conflict; making it of interest to policy-makers, practitioners, and scholars of transitional justice, International Relations, and art theory.
Always the serious student's choice of a Trusts Law textbook, this new edition once again provides a clear examination of the rules in the detail required by the advanced undergraduate. This fifth edition retains its hallmark combination of a contextualized approach and a commercial focus. The authors' commentary has been increased throughout this new edition whilst the fresh design clearly highlights the cases and materials extracts. Recent statutory developments, such as the Charities Act 2006, and the impact of a wealth of new cases are explored, the examination of the law of trusts and taxation is restructured and comparative examples help students understand the new directions being taken in the areas of trust law and equitable remedies. Trusts Law brings a modern perspective to a subject often perceived as traditional, with suggestions for further reading guiding the student to contemporary debates.
Argues that Australian discussions of law should be seen through the lens of British race patriotism. Only then can it be recognised that there were distinctively Australian contributions to developing the common law of tort in the first half of the twentieth century.
This text offers the definitive examination of criminal law in context. Exploring the philosophical, social and political environment in which it operates, it gives the student the most complete picture available. With relevant case law and material integrated throughout, it is simply essential reading for students of criminal law.
This book studies the rise of access and the effect of the sharing economy on property as a social and legal institution. It will benefit academics, students, policymakers and practitioners interested in the sharing economy, property, legal theory, and more broadly, internet and society, market economy, and law and society.
Comprehensive analysis showing that utilities and welfare services are important building blocks for the EU social market economy.
Focusing on the interpretation and application of English law, this updated classic textbook serves as an essential guide for newcomers. It provides clear explanations of legal principles and the practical implications of rules, making it a valuable resource for understanding the complexities of the legal system.
An examination of how the constitutional frameworks for autonomies around the world really work.
This fascinating intellectual memoir by a leading academic lawyer charts the development of his thought in the context of African, American, and British universities over sixty years. Twining's unique engagement with globalisation, jurisprudence, evidence, and legal education is addressed to legal theorists and academic lawyers generally.
The book features a comprehensive table of contents that organizes its material into clear sections, allowing readers to navigate its content easily. Each chapter is designed to provide in-depth insights and structured information on the subject matter, facilitating a better understanding of the topics covered. The layout emphasizes accessibility and user-friendliness, making it a valuable resource for both new learners and seasoned readers seeking to refresh their knowledge.
This book develops students' understanding and practice of client interviewing, writing and drafting, negotiation and advocacy in the context of extensive research in the legal profession and the civil and criminal justice systems. It emphasizes the extent to which lawyering is a dynamic process, determined by a variety of legal, business and ethical considerations. It encourages students to develop a critical and reflective approach geared to developing their abilities to manage this dynamic environment.
This work provides a detailed critique of the current criminal law system as it applies to corporate wrongdoing.
The book offers a comparative analysis of civil and common law systems, utilizing the French legal system as a foundational framework. It delves into the distinctions and similarities between these two legal traditions, providing insights into their structures, principles, and applications. Through this examination, the work highlights the nuances of legal interpretation and practice within different jurisdictions, making it a valuable resource for understanding the complexities of global legal systems.
An important contribution to the field which explores both the legal and economic dimensions of EU economic governance in a clear and comprehensive way. It is an essential resource for law and economics students focusing on European Union economic governance.
The book critiques the perspective of law as merely a tool for achieving specific goals, highlighting the inherent issues this viewpoint creates. It explores the implications of such an approach on legal interpretation and practice, emphasizing the need for a more nuanced understanding of law's role in society. Through various arguments and examples, it challenges readers to reconsider the foundational principles of legal systems and their impact on justice and morality.
The book critiques the perspective of law as merely a tool for achieving specific outcomes. It delves into the implications of this viewpoint, exploring how it can undermine the integrity of legal systems and principles. By examining the philosophical and ethical dimensions of law, the author argues for a more nuanced understanding that respects the inherent value of legal frameworks beyond their utilitarian functions. Through this analysis, the book invites readers to reconsider the foundational role of law in society.
The third edition offers a comprehensive introduction to the historical development and institutional framework of European Union law. It delves into the evolution of legal principles and the structure of EU institutions, providing readers with a thorough understanding of how EU law operates within the broader context of European governance. This edition includes updated content reflecting recent legal developments, making it an essential resource for students and professionals interested in EU law.
The book offers a comprehensive exploration of the English legal system, utilizing diverse materials alongside Michael Zander's expert commentary. It delves into the system's operations, identifies existing challenges, and discusses proposed reforms, making it a valuable resource for anyone seeking to understand the intricacies and current issues within English law.
The book explores the distinction between public and private law within the common law tradition, examining how this divide shapes legal principles and practices. It delves into the implications of this separation for legal theory and its impact on the administration of justice. Through critical analysis, the text aims to provide insights into the evolving nature of legal frameworks and the challenges posed by contemporary legal issues.
The book advocates for a comprehensive interdisciplinary method to evaluating evidence in legal cases. It emphasizes the importance of integrating various fields of study to enhance the understanding and application of evidence in litigation, aiming to improve legal outcomes and decision-making processes. Through a detailed exploration of different disciplines, it encourages legal professionals to adopt a more holistic perspective on evidence.
Exploring the evolution of competition law in the EU, the book examines how economic theories and political objectives shape legal interpretations. It highlights the dynamic interplay between courts, competition authorities, and ongoing debates, portraying the application of competition law as a response to these influences. Aimed at students, it presents economic concepts in an accessible way while referencing significant cases and current policy initiatives, offering fresh insights into this complex legal landscape.
This intellectual biography delves into the life and contributions of Karl Llewellyn, a significant figure in legal realism. Originally published in 1973, it provides insights into his theories and impact on legal thought. The book features a preface by Frederick Schauer, offering contemporary context, and an afterword by William Twining, reflecting on Llewellyn's legacy. Through its exploration of his ideas, the biography highlights the evolution of legal philosophy and Llewellyn's role in shaping it.
The book delves into a structured exploration of its content, providing a detailed table of contents that guides readers through various topics and themes. Each section is meticulously organized, allowing for easy navigation and a comprehensive understanding of the material presented. This organization enhances the reader's ability to engage with the subject matter effectively.
Previous editions of this text have consistently been a favourite amongst common law lawyers. This new edition has been brought fully up to date and will be of interest to those studying 'advanced' obligations/common law modules. Undergraduates who study contract courses with a strong socio-legal tradition will also find this text invaluable as it uniquely grounds the nature of contract law in its social and political context.
The book offers an in-depth exploration of trusts law through a blend of authoritative commentary and contextual analysis. By integrating leading cases, statutes, and historical research, it emphasizes both the foundational theories of trust concepts and their practical applications. This comprehensive approach provides readers with a robust understanding of the subject matter.
This new edition brings together and analyses a wide range of materials dealing with dispute processes and current debates on civil justice. Students of law, social sciences and the humanities, as well as dispute resolution specialists will benefit from this broad, comparative study.
The book offers a comprehensive update on statutory developments and recent case law concerning trusts. It features a newly added chapter on the internationalization of trusts and includes an online chapter focused on occupational pension schemes. This revised edition is designed for serious students, providing in-depth analysis and insights into contemporary issues in trust law.
Addressing the challenges of globalization, this book examines how traditional Anglo-American legal theory can adapt to a rapidly changing world. Through critical essays on influential legal theorists and concepts like legal pluralism and post-modernism, it explores the implications of law beyond the nation-state and the complexities of global legal ordering. Key questions about morality, the nature of legal systems, and the relationship between globalization and post-modernism are posed, culminating in innovative proposals for revitalizing jurisprudence and comparative law.
This book presents a fresh contextualised and cosmopolitan perspective on comparative law for both students and scholars. It critically discusses established approaches to comparative law, but also presents more modern ones, such as socio-legal and numerical comparative law. Its contextualised approach draws on examples from politics, economics and development studies to provide an original contribution to topics of comparative law.
Focusing on the integration of theory and empirical research with practical elements like legislation, guidelines, and case law, this comprehensive textbook serves as the foremost resource on sentencing. It offers an in-depth exploration of the principles and practices that shape sentencing decisions, making it essential for students and professionals in the field of criminal justice.
The book features a comprehensive table of contents, outlining the structure and key topics covered within the text. It serves as a guide to navigate through various chapters, each focusing on distinct themes or subjects, providing readers with a clear overview of the content and organization of the material. This structured approach enhances the reader's understanding and engagement with the book.
Focusing on the intersection of globalisation and legal theory, this book delves into how global interconnectedness influences concepts of law, justice, and human rights. It examines the challenges and opportunities presented by a global framework, offering insights into the evolving nature of legal principles in a rapidly changing world. Through critical analysis, it aims to enhance understanding of how global forces reshape legal discourse and human rights practices.
Focusing on the intersection of globalisation and legal theory, this book delves into how global interconnectedness impacts the concepts of law, justice, and human rights. It examines the challenges and transformations within these fields, offering insights into the evolving nature of legal frameworks in a global context. Through critical analysis, it highlights the need for a re-evaluation of traditional legal theories to address contemporary issues brought about by globalisation.
A major restructuring of the material, as well as a complete content updating to 2006.
This book offers a groundbreaking examination of essential property principles, designed to help students navigate the complexities of a rapidly evolving field. It presents innovative insights that challenge traditional views, fostering a deeper understanding of property law and its implications. Through its analytical approach, readers will gain clarity on key concepts, making it an essential resource for those studying property law.