"Clearly written and bursting with interesting and novel ideas, this lively book will be a great resource for anyone interested in Contract Law."--Prof. Paul S. Davies, U. College London ** "Key Ideas
"In this masterful and engaging survey, Peter Cane provides an array of illuminating perspectives on the law of torts, laying bare its nature, structure and functions, as well as its legal, social and
How was power justified in late medieval Europe? What justifications did people find convincing, and why? Based around the two key intellectual movements of the fifteenth century, conciliarism in the church and humanism, this study explores the justifications for the distribution of power and authority in fifteenth- and early sixteenth-century Europe. By examining the arguments that convinced people in this period, Joseph Canning demonstrates that it was almost universally assumed that power had to be justified but that there were fundamentally different kinds of justification employed. Against the background of juristic thought, Canning presents a new interpretative approach to the justifications of power through the lenses of conciliarism, humanism and law, throwing fresh light on our understanding of both conciliarists' ideas and the contribution of Italian Renaissance humanists.
The fields of literature and law intersect in frequent, and often surprising ways. This clear and concise book offers an introduction to the area, covering the history, key thinkers and ideas as well
Law and Literature presents an authoritative, fresh and accessible new overview of the many ways in which law and literature interact. Written by a team of international experts, it provides a multi-focused history of literary studies' critical interest in ideas of law and justice. It examines the effects of law on writers and their work, ranging from classical tragedy to comics, and from East Africa to Elizabethan England. Over twenty chapters, contributors reveal the intricate and multivalent historical interactions between law and literature, both past and present, and trace the intellectual genesis of the concept of law in literary studies, focusing on major developments in the history of the interdisciplinary project of law and literature, as well as the changing ideas of law, and the cultural contests in which it has figured. Law and Literature will appeal to graduates and scholars working on the intersection between law and literature and in key related areas such as literature
The use of third-party countermeasures is an increasingly common phenomenon in international relations, yet their legal position remains uncertain. Providing the first systematic and comprehensive study of this key concept in international law, Martin Dawidowicz explores the position of third-party countermeasures and their safeguards regime based on the development of ideas on countermeasures in the UN International Law Commission and a thorough examination of state practice. The book clarifies the position of third-party countermeasures in international law, and in doing so challenges some widely held assumptions about the likely impact of a regime of third-party countermeasures on international relations. It will be of interest to international law and relations scholars and students, diplomats, policy makers, international civil servants and non-governmental organisations (NGOs) in the field of human rights.
The use of third-party countermeasures is an increasingly common phenomenon in international relations, yet their legal position remains uncertain. Providing the first systematic and comprehensive study of this key concept in international law, Martin Dawidowicz explores the position of third-party countermeasures and their safeguards regime based on the development of ideas on countermeasures in the UN International Law Commission and a thorough examination of state practice. The book clarifies the position of third-party countermeasures in international law, and in doing so challenges some widely held assumptions about the likely impact of a regime of third-party countermeasures on international relations. It will be of interest to international law and relations scholars and students, diplomats, policy makers, international civil servants and non-governmental organisations (NGOs) in the field of human rights.
Drones are the iconic military technology of many of today's most pressing conflicts. Drones have captured the public imagination, partly because they project lethal force in a manner that challenges accepted norms and moral understandings. Drone Wars presents a series of essays by legal scholars, journalists, government officials, military analysts, social scientists, and foreign policy experts. It addresses drones' impact on the ground, how their use adheres to and challenges the laws of war, their relationship to complex policy challenges, and the ways they help us understand the future of war. The book is a diverse and comprehensive interdisciplinary perspective on drones that covers important debates on targeted killing and civilian casualties, presents key data on drone deployment, and offers new ideas on their historical development, significance, and impact on law and policy.
Drones are the iconic military technology of many of today's most pressing conflicts. Drones have captured the public imagination, partly because they project lethal force in a manner that challenges accepted norms and moral understandings. Drone Wars presents a series of essays by legal scholars, journalists, government officials, military analysts, social scientists, and foreign policy experts. It addresses drones' impact on the ground, how their use adheres to and challenges the laws of war, their relationship to complex policy challenges, and the ways they help us understand the future of war. The book is a diverse and comprehensive interdisciplinary perspective on drones that covers important debates on targeted killing and civilian casualties, presents key data on drone deployment, and offers new ideas on their historical development, significance, and impact on law and policy.
Ishita Pande's innovative study provides a dual biography of India's path-breaking Child Marriage Restraint Act (1929) and of 'age' itself as a key category of identity for upholding the rule of law, and for governing intimate life in late colonial India. Through a reading of legislative assembly debates, legal cases, government reports, propaganda literature, Hindi novels and sexological tracts, Pande tells a wide-ranging story about the importance of debates over child protection to India's coming of age. By tracing the history of age in colonial India she illuminates the role of law in sculpting modern subjects, demonstrating how seemingly natural age-based exclusions and understandings of legal minority became the alibi for other political exclusions and the minoritization of entire communities in colonial India. In doing so, Pande highlights how childhood as a political category was fundamental not just to ideas of sexual norms and domestic life, but also to the conceptualisation
Ishita Pande's innovative study provides a dual biography of India's path-breaking Child Marriage Restraint Act (1929) and of 'age' itself as a key category of identity for upholding the rule of law, and for governing intimate life in late colonial India. Through a reading of legislative assembly debates, legal cases, government reports, propaganda literature, Hindi novels and sexological tracts, Pande tells a wide-ranging story about the importance of debates over child protection to India's coming of age. By tracing the history of age in colonial India she illuminates the role of law in sculpting modern subjects, demonstrating how seemingly natural age-based exclusions and understandings of legal minority became the alibi for other political exclusions and the minoritization of entire communities in colonial India. In doing so, Pande highlights how childhood as a political category was fundamental not just to ideas of sexual norms and domestic life, but also to the conceptualisation
In this thought-provoking book, Mona Siddiqui reflects upon key themes in Islamic law and theology. These themes, which range through discussions about friendship, divorce, drunkenness, love, slavery and ritual slaughter, offer fascinating insights into Islamic ethics and the way in which arguments developed in medieval juristic discourse. Pre-modern religious works contained a richness of thought, hesitation and speculation on a wide range of topics, which were socially relevant but also presented intellectual challenges to the scholars for whom God's revelation could be understood in diverse ways. These subjects remain relevant today, for practising Muslims and scholars of Islamic law and religious studies. Mona Siddiqui is an astute and articulate interpreter who relays complex ideas about the Islamic tradition with great clarity. Her book charts her own journey through the classical texts and reflects upon how the principles expounded there have guided her own thinking, teaching an
In this thought-provoking book, Mona Siddiqui reflects upon key themes in Islamic law and theology. These themes, which range through discussions about friendship, divorce, drunkenness, love, slavery and ritual slaughter, offer fascinating insights into Islamic ethics and the way in which arguments developed in medieval juristic discourse. Pre-modern religious works contained a richness of thought, hesitation and speculation on a wide range of topics, which were socially relevant but also presented intellectual challenges to the scholars for whom God's revelation could be understood in diverse ways. These subjects remain relevant today, for practising Muslims and scholars of Islamic law and religious studies. Mona Siddiqui is an astute and articulate interpreter who relays complex ideas about the Islamic tradition with great clarity. Her book charts her own journey through the classical texts and reflects upon how the principles expounded there have guided her own thinking, teaching an
Taking a fresh and modern approach to the subject, this fully revised and restructured textbook provides everything necessary to gain a good understanding of international commercial litigation. Adopting a comparative stance, it provides extensive coverage of US and Commonwealth law, in addition to the core areas of English and EU law. Extracts from key cases and legislative acts are designed to meet the practical requirements of litigators as well as explaining the ideas behind legal provisions. Significant updates include coverage of new case-law from the Court of Justice of the European Union. Of particular importance has been a set of judgments on jurisdiction in tort for pure financial loss, many of which have involved investment loss. New case law from the English courts, including the Supreme Court, and from the Supreme Court of the United States, is also covered.
What can 'globalisation' teach us about law in the Western tradition? This important new work seeks to explore that question by analysing key ideas and events in the Western legal tradition, including the Papal Revolution, the Protestant Reformations and the Enlightenment. Addressing the role of law, morality and politics, it looks at the creation of orders which offer the possibility for global harmony, in particular the United Nations and the European Union. It also considers the unification of international commercial laws in the attempt to understand Western law in a time of accelerating cultural interconnections. The title will appeal to scholars of legal history and globalisation as well as students of jurisprudence and all those trying to understand globalisation and the Western dynamic of law and authority.
Exploring republican ideas and concepts that developed in sixteenth-century Poland under the impact of humanism and the Renaissance, as well as political and constitutional changes, this is a landmark study of republican discourse in sixteenth-century Poland-Lithuania. It provides a conceptual and contextual analysis of the rich political literature and debate which animated intellectual life and political reasoning during the Polish-Lithuanian Commonwealth, and effectively demonstrates its republican character. Using a comparative perspective, Dorota Pietrzyk-Reeves situates the Polish republican discourse within both the classical and early modern republican traditions, bringing together contexts and ideas that have traditionally been overlooked by scholars of early modern Europe. In addition, she also underlines the originality of Polish concepts such as the relationship between law, liberty and virtue as key elements of a well-ordered commonwealth and the vision of a mixed res publ
