Law Hart New Books January-March 2024

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Cover image is from the book Revolutionary Women: A Lauren Gunderson Play Collection (Methuen Drama, 2023)

Hart Studies in Commercial and Financial Law

A Taxing Journey

How Civic Actors Influence Tax Policy

Edited by Paolo de Renzio

This open access book examines how civic organizations can influence tax policy and administration in ways that benefit ordinary citizens through in-depth case studies from a wide range of countries including France, Guatemala, Kenya, Mexico, Philippines, Uganda, and the United States These examples, covering a range of lower and higher income countries, across many aspects of tax systems, give us useful examples to build on by demonstrating that citizens everywhere can influence tax policy and ultimately secure fairer societies

The ebook editions of this book are available open access under a CC BY 4.0 licence on www.bloomsburycollections.com.

UK January 2024 US January 2024

272 pages

HB 9781350344617 £85 00 / $115 00

ePub 9781350344624 • £0 00 / $0 00

ePdf 9781350344631 • £0 00 / $0 00

Bloomsbury Academic

Chinese Civil Code Specific Parts

Yuanshi Bu, University of Freiburg, Germany

This book provides readers with a systematic and in-depth analysis of the Civil Code of the PRC. Following the Chinese Civil Code: The General Part, this book covers the six specific books of the Code It designates a separate part for the security law and highlights the significant amendments brought about by the Code and its subsequent judicial interpretation As contract law makes up nearly half of the Civil Code, this book puts an emphasis on this area and addresses six major contract types in detail: the sales contract, lease contract, guaranty contract, mandate contract, factoring contract and technology contract

• US October 2023

UK September 2023

HB 9781509972913

Beck/Hart

• 400 pages

• £225 00 / $305 00

World English (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland)

John Linarelli, University of Pittsburgh, USA & Teresa Rodríguez de las Heras Ballell, University Carlos III of Madrid, Spain

The Governance of Macroprudential Policy

How to Build Regulatory Legitimacy Through a Social Justice Approach

Tracy C Maguze, Universidade Católica Portuguesa, Portugal

This book critically examines the theoretical foundations and legal framework for macroprudential policy, its tools and governance in the UK, the US, and the EU It goes deeper into a normative discussion of the legitimacy of macroprudential policy in these jurisdictions, where the mandate for maintaining financial stability has been delegated to independent authorities

By proposing that macroprudential policymakers should have a social justice mandate alongside their financial stability mandate, as well as legal mechanisms for operationalising the added authority, the book contributes to the growing discourse on the role of social justice in public policy

UK January 2024 US January 2024 288 pages

HB 9781509968398 £85 00 / $115 00

ePub 9781509968404 £76 50 / $103 94

ePdf 9781509968411 • £76 50 / $103 94

Series: Hart Studies in Commercial and Financial Law • Hart Publishing

The Future of High-Cost Credit Rethinking Payday Lending

Jodi Gardner, University of Auckland, New Zealand

This book proposes a new way of thinking about the controversial and complex challenges associated with the regulation of high-cost credit

The book explores the theoretical grounding, policy initiatives and interdisciplinary perspectives associated with high-cost credit, making a novel and insightful contribution to the existing literature

The findings will also be of interest to many academic disciplines, as well as for those working in public policy and ‘the third sector’

UK January 2024 • US January 2024 • 304 pages

PB 9781509961429 • £42 99 / $58 95

Previously published in HB 9781509939350

ePub 9781509939374 • £76 50 / $103 94

ePdf 9781509939367 £76 50 / $103 94

Series: Hart Studies in Commercial and Financial Law Hart Publishing

International Bank Crisis Management A Transatlantic Perspective

Marco Bodellini, University of Bergamo, Italy

This book analyses the legal regimes governing bank crisis management in the EU, UK, and US, discussing the different procedures and tools available as well as the regulatory architecture and the authorities involved

The book provides a thorough discussion of bank liquidation vis-à-vis bank resolution; advances considerations on the impact on banks of the current crisis provoked by the COVID-19 pandemic; and discusses the regulatory agenda of the EU commission on the adoption of a new bank crisis management and deposit insurance framework in the Union

UK February 2024 • US February 2024 • 304 pages

PB 9781509961344 • £42 99 / $58 95

Previously published in HB 9781509961306

ePub 9781509961313 • £76 50 / $103 94

ePdf 9781509961320 £76 50 / $103 94

Series: Hart Studies in Commercial and Financial Law Hart Publishing

Money Law, Capital, and the Changing Identity of the European Union

Edited by Gabriella Gimigliano, University of Siena, Italy & Valentino Cattelan, Birmingham City University, UK

This book addresses 3 questions: is money a way to create a European Union identity? If so, which type of identity is this? And in what ways is the EU identity changing?

Chapters cover the European framework for payment services users; the limits and challenges of the Banking Union; the digital euro; the policy and regulatory drivers of the EU's changing identity from the early modern roots to the regulatory strategy set in the Capital Markets Union; the fintech-based developments of payment systems; and the fiscal and monetary policies in the post-COVID phase.

UK March 2024 • US March 2024 • 304 pages

PB 9781509956838 £44 99 / $60 95

Previously published in HB 9781509956791

ePub 9781509956807 £81 00 / $110 69

ePdf 9781509956814 • £81 00 / $110 69 Hart Publishing

Debates in Charity Law

Studies in International Trade and Investment Law

Gabrielle Marceau, Legal Affairs Division, WTO Secretariat, Krista Nadakavukaren Schefer, Swiss Institute of Comparative Law, Switzerland, Federico Ortino, King's College London, UK & Gregory Shaffer, University of California, Irvine, USA

Financial Market Infrastructure and Economic Integration

A WTO, FTAs, and Competition Law Analysis

George A Papaconstantinou, European Commission, Belgium

This book provides a study of the regulation of financial infrastructure and international economic integration.

It discusses how the liberalisation of financial market infrastructure is achieved within the WTO, Economic Integration Agreements, and EU competition law, exploring whether a more harmonious relationship between financial regulation and economic integration is feasible. The book demonstrates the existence of both structural barriers to trade and trade-facilitating tools that can impede and foster the integration of financial market infrastructure.

UK January 2024 • US January 2024 • 288 pages

HB 9781509966752 • £85 00 / $115 00

ePub 9781509966769 • £76 50 / $103 94

Edited by

John Picton, University of Liverpool & Jennifer Sigafoos, University of Liverpool

Charitable organisations occupy a central place in society across much of the world, accounting for billions of pounds in revenue As society changes, so does the law which regulates nonprofits.

In this book, a team of internationally recognised charity law experts offers a modern take on a fast-changing policy field and identifies the links between law, social change and regulation

Through the concept of policy debates it moves the field forward, providing an important reference point for developing scholarship in charity law and policy Each chapter explores a policy debate, setting out the fault-lines in play, and offering proposals for reform

• US November 2023

UK November 2023

PB 9781509974276

• £44 99 / $60 95

• 328 pages

Previously published in HB 9781509926831

ePub 9781509926848 £81 00 / $110 69

ePdf 9781509926855 £81 00 / $110 69

Hart Publishing

Outcome-Based Cooperation In Communities, Business, Regulation, and Dispute Resolution

Christopher Hodges, University of Oxford, UK

How do we cooperate – in social, local, business, and state communities? This book proposes an Outcome-Based Cooperative Model, in which all stakeholders work together on the basis of trust and respect to achieve shared aims and outcomes

The book examines recent systems and developments in local groupings, business organisations, regulation, and dispute resolution, and makes proposals of profound importance for reform This is a new blueprint for liberty, solidarity, performance, and achievement

UK March 2024 • US March 2024

• 600 pages

PB 9781509962525 £44 99 / $60 95

Previously published in HB 9781509962488

ePub 9781509962495 £81 00 / $110 69

ePdf 9781509962501

• £81 00 / $110 69

Series: Civil Justice Systems

• Beck/Hart/Nomos

ePdf 9781509966776 • £76 50 / $103 94

Series: Studies in International Trade and Investment Law Hart Publishing

International Trade Law and Global Data Governance

Aligning Perspectives and Practices

Neha Mishra, Graduate Institute, Switzerland

Neha Mishra, examines how international trade agreements apply to domestic regulations on cross-border data flows and then proposes a multi-layered framework to align international trade law with evolving norms and practices in global data governance

The book will benefit scholars, practitioners and policymakers working on digital trade and data regulation

UK February 2024 • US February 2024 • 336 pages

HB 9781509961696 £85 00 / $115 00

ePub 9781509961702 £76 50 / $103 94

ePdf 9781509961719 £76 50 / $103 94

Series: Studies in International Trade and Investment Law • Hart Publishing

International Investment Law

An Analysis of the Major Decisions

Edited by Hélène Ruiz Fabri & Edoardo Stoppioni, Max Plank

Institute Luxembourg for Procedural Law

Written by over 40 international experts, this collection offers a critical and comparative analysis of the existing case law on international investment law

The book shows most notably that:

(1) international investment law has a longer history than generally considered and that this history is fundamental to understanding its development; (2) international investment law is crafted today by a large number of actors; and (3) the literature and case law in languages other than English and from different legal cultures is essential to grasp the essence of the development of the topic

UK November 2023 US November 2023 664 pages

PB 9781509974320 £69 99 / $94 95

Previously published in HB 9781509929047

ePub 9781509929061 • £126 00 / $171 44

ePdf 9781509929054 • £126 00 / $171 44

Series: Studies in International Trade and Investment Law • Hart Publishing

Court-Supervised Restructuring of Large Distressed Companies in Asia Law and Policy

Wai Yee Wan, City University of Hong Kong

This book provides an analysis of 4 Asian jurisdictions (Mainland China, India, Hong Kong and Singapore) that have recently reformed – or are considering reforming – their corporate restructuring laws to promote regimes conducive to restructuring financially distressed, but economically viable, companies. This study explains how corporate restructuring laws in these Asian jurisdictions have evolved due to the frictions in shareholder-creditor and creditor-creditor relationships, and the role of the state in resolving non-performing loans and financial distress of state-owned enterprises which are listed, or which issue public debt

UK January 2024 • US January 2024 • 400 pages

PB 9781509952373 • £44 99 / $60 95

Previously published in HB 9781509952335

ePub 9781509952342 • £85 50 / $116 09

ePdf 9781509952359 £85 50 / $116 09

Series: Contemporary Studies in Corporate Law Hart Publishing

The World of Maritime and Commercial Law

Essays in Honour of Francis Rose

Edited by C Mitchell, University College

London, UK & Stephen Watterson, University of Cambridge

These 20 essays contain work by legal scholars, practitioners, and judges, all renowned for their expertise in the field.

The book covers: the law governing maritime collisions; carriage of goods by sea; marine insurance; choice of law rules affecting the ownership of ships; the Privy Council’s role in resolving questions of private international law; the Sale of Goods Act 1979; the rules of contractual interpretation; negotiating damages for breach of contract; the illegality defence to private law claims; tracing misapplied funds; the application of private law rules to cryptocurrency disputes, and developments in the law of directors’ duties

UK November 2023

PB 9781509974313

Intermediaries in Commercial Law

Edited by Paul S Davies, University College

London, UK & Tan Cheng-Han, City University of Hong Kong

This book is the first to examine intermediaries in a holistic and systematic manner A wide range of jurisdictions and topical issues are discussed in order to illuminate the role intermediaries play in commercial law, including the role of websites and other platforms as intermediaries, or the prospect of intermediaries being non-human actors All these issues are subject to rigorous analysis by the expert contributors to this book

UK March 2024 • US March 2024 • 480 pages

PB 9781509949137 £54 99 / $74 95

Previously published in HB 9781509949090

ePub 9781509949106 £99 00 / $134 99

ePdf 9781509949113 • £99 00 / $134 99 Hart Publishing

The Digital Markets Act

A Guide to the Regulation of Big Tech in the EU

Edited by Konstantina Bania, Geradin Partners and University of Sheffield, UK & Damien Geradin, Geradin Partners, Belgium, and Tilburg University, the Netherlands

This book provides an in-depth exploration of the Digital Markets Act (DMA) It explains the rationale for the DMA, introduces the reader to the digital services falling within its scope, and provides insights into the interpretation issues and enforcement challenges that arise from the obligations it establishes

Analysing the DMA in the broader legal and market context, the chapters examine tensions between the DMA and other (EU and national) rules governing the conduct of online platforms, compare the DMA to similar initiatives undertaken in other jurisdictions, and bring perspectives from other disciplines, such as data protection regulation

UK March 2024 • US May 2024 • 432 pages

HB 9781509970018 • £180 00 / $245 00

• US November 2023

• £59 99 / $79 95

Previously published in HB 9781509932429

ePub 9781509932405

ePdf 9781509932412

Hart Publishing

• 432 pages

• £108 00 / $147 14

• £108 00 / $147 14

Digital Platforms, Competition Law, and Regulation

Comparative Perspectives

ePub 9781509970025 • £162 00 / $220 04

ePdf 9781509970032 • £162 00 / $220 04

Beck/Hart/Nomos

Judicial Review in Northern Ireland

Gordon Anthony, Queen's University, Belfast, UK

Edited

by Kalpana Tyagi, Anselm Kamperman Sanders & Caroline Cauffman, Maastricht University, the Netherlands

This open access book offers a comparative perspective on competition law challenges presented by the converged digital markets It provides a rigorous discussion of reasons why regulatory responses may fall short

Part 1 offers an inter-disciplinary perspective on the most recent legislative solutions in the European Union, namely, the Digital Services Act, the Digital Markets Act, and the Data Act Part 2 offers competition and regulatory responses to these ever-emerging digital challenges by the UK, Latin American, Indian and Chinese regulators

The ebook editions of this book are available open access under a CC BY 4.0 licence on bloomsburycollections.com

UK February 2024 US February 2024 320 pages

HB 9781509969388 £85 00 / $115 00

ePub 9781509969395 • £0 00 / $0 00

ePdf 9781509969401 • £0 00 / $0 00

Hart Publishing

The third edition of this leading text provides a detailed account of the purposes of judicial review; the public-private divide in Northern Ireland law; judicial review procedure; grounds for review; and remedies It focuses on case law that is unique to Northern Ireland, and identifies important differences between Northern Ireland and England and Wales, including differences resulting from the Ireland-Northern Ireland Protocol agreed as part of Brexit This edition explains how and when EU law still applies in Northern Ireland, and considers key Human Rights Act decisions of Northern Irish courts and the House of Lords and the UK Supreme Court

UK February 2024 US April 2024 400 pages

HB 9781509933150 • £65 00 / $90 00

ePub 9781509933167 • £58 50 / $79 64

ePdf 9781509933174 • £58 50 / $79 64

Hart Publishing

Pandemocracy in Latin America Revisiting the Political and Constitutional Dimension of the Pandemic

Edited by Pablo Riberi, National University of Cordoba, Argentina

Adopting a global-south perspective, this book explores the constitutional, political, and institutional measures that have paved the way for several aggressive state policies in various Latin American countries during the COVID-19 pandemic The contributions provide a detailed review of the democratic decay and the ‘rule of law’ impairment in many countries of the region The book goes beyond mere observation and explores all the main theoretical elements that can enhance a more comprehensive understanding of the political and normative impact of the pandemic

UK February 2024 • US February 2024 • 384 pages

HB 9781509965274 • £85 00 / $115 00

ePub 9781509965281 • £76 50 / $103 94

ePdf 9781509965298 • £76 50 / $103 94

Hart Publishing

Constitutional Courts, Media and Public Opinion

Angioletta Sperti, University of Pisa, Italy

This book analyses how the recent information revolution has radically changed the way courts communicate with the public It focuses on the consequences of the communication revolution of courts both in terms of their relationship with public opinion and of the legitimacy of judicial review of legislation

The book will interest scholars in constitutional law and public comparative law, sociologists, historians, political scientists, and scholars of media law and communication studies

UK December 2023 • US December 2023

HB 9781509953608 • £95 00 / $130 00

ePub 9781509953615 • £85 50 / $116 09

ePdf 9781509953622

• £85 50 / $116 09

• 304 pages

Series: Hart Studies in Comparative Public Law • Hart Publishing

Referendums as Representative Democracy

Leah Trueblood, University of Oxford, UK

In referendums on fundamental constitutional issues, do the people come together to make decisions instead of representatives? This book argues no It offers an alternative theory of referendums whereby they are one of many ordinary ways that voters give direction to their representatives In this way, the book argues that referendums are better understood as exercises in representative democracy

Challenging the current treatment of referendums in processes of constitutional change both in the United Kingdom and around the world, the book strengthens the case for referendums by showing how they can support, rather than undermine, institutions of representative democracy

UK March 2024 • US March 2024 • 144 pages

HB 9781509940806 • £65 00 / $90 00

ePub 9781509940813 • £58 50 / $79 64

ePdf 9781509940820 £58 50 / $79 64

Hart Publishing

Regulation-Making in the United Kingdom and Australia

Democratic Legitimacy, Safeguards and Executive Aggrandisement

Andrew Edgar, University of Sydney, Australia

This book shines a spotlight on the way in which parliamentary scrutiny of regulations provides the primary support for democratic legitimacy for regulations in the UK and Australia

This book has two aims. The first is to explain the systems of parliamentary scrutiny in the UK and Australia and their historical development The second aim is to examine recent developments in regulation-making that avoid or minimise this safeguard

The book contributes to public law in the UK and Australia by analysing recent developments that involve executive over-reach, by reference to the historical development of parliamentary checks on regulation-making

UK January 2024 • US January 2024 • 272 pages

HB 9781509972241 £90 00 / $120 00

ePub 9781509972258 £81 00 / $110 69

ePdf 9781509972265 £81 00 / $110 69

Hart Publishing

Equality Before the Law

Equal Dignity, Wrongful Discrimination, and the Rule of Law

Michael P Foran, University of Glasgow, UK

This book presents a defence of the value of equality within law which is neither purely formal nor an all-things-considered theory of justice

The book argues that equality is grounded in the principle of equal moral status of all subjects of the law and that individuals be treated in accordance with the principle of equality before the law, that they not be treated in ways that would deny their equal moral standing

It explores the argument that this principle of moral equality is the fundamental normative basis of the common law constitution and essential for the rule of law

UK December 2023 US December 2023 272 pages

HB 9781509964949 £85 00 / $115 00

ePub 9781509964956

• £76 50 / $103 94

ePdf 9781509964963 • £76 50 / $103 94

Series: Hart Studies in Constitutional Theory • Hart Publishing

Demoicratic Authority Nature and Ground of the EU’s Right to Rule

Josef Weinzierl, the Landgericht, Germany

What is the nature of EU’s authority? This fascinating book explores this question, and is much needed given its increased scrutiny in the face of growing nationalism.

By setting out an original account of the preferred moral standard to evaluate such authority, ie Demoicratic authority, it illustrates how that standard affects the practical reasoning of those subjects to the EU’s authority. Theoretically significant, the book also has important practical value as legitimacy challenges in the EU increase Constitutional lawyers and theorists, as well as political scientists will welcome this innovative new work

UK January 2024 US January 2024 224 pages

HB 9781509965045 £85 00 / $115 00

ePub 9781509965052 • £76 50 / $103 94

ePdf 9781509965069 • £76 50 / $103 94

Series: Studies of the Oxford Institute of European and Comparative Law • Hart Publishing

Nationhood, Executive Power and the Australian Constitution

Peta Stephenson, Queensland University of Technology, Australia

The first comprehensive study of the nature and scope of the nationhood power, this book brings a fresh perspective to the scholarship on the powers of the executive branch in Australia

The book analyses and evaluates judicial observations about the operation of the nationhood power in different contexts and its relationship with the other categories of federal executive power in s 61 of the Australian Constitution It will appeal to constitutional lawyers, scholars and practitioners, as well as those who are involved in the administration of government

UK February 2024 • US February 2024 • 240 pages

PB 9781509942367 • £42 99 / $58 95

Previously published in HB 9781509942329

ePub 9781509942336 £76 50 / $103 94

ePdf 9781509942343 • £76 50 / $103 94

Series: Hart Studies in Constitutional Law • Hart Publishing

Law and the Whirligig of Time

Stephen Sedley, retired Lord Justice of Appeal

This book contains articles by Stephen Sedley on the law, many of them from the London Review of Books, and lectures given to a variety of audiences

The first part is concerned with law as part of history - Feste’s ‘whirligig of time’; the second part with law and rights The third part is a group of biographical sketches of well-known and less well-known judges and jurists

The final part of the book is more personal: it goes back to the author’s days at the Bar, then forward to some parting reflections.

UK November 2023

PB 9781509974221

• US November 2023

• £21 99 / $29 95

Previously published in HB 9781509917099

ePub 9781509917112

• £40 50 / $55 34

ePdf 9781509917105 • £40 50 / $55 34

Hart Publishing

• 304 pages

Constitutionalism 2030

Parliament and the Law

Edited by Alexander Horne, Hackett & Dabbs LLP, UK, Louise Thompson, University of Manchester, UK & Ben Yong, Durham University, UK

The new edition of this popular book explores the way in which the law applies to, and impacts upon, the UK Parliament It explains how Brexit, the #MeToo movement, and the COVID-19 pandemic all presented Parliament with a series of challenges This edition includes new chapters on legislation and scrutiny, the restoration and renewal of the Palace of Westminster treaty scrutiny, Brexit, votes of confidence and the Fixed Term Parliament Act, and the financing of Parliament

This is a multi-disciplinary work authored by lawyers, political scientists, parliamentary officials and practitioners, and is supported by the Study of Parliament Group (SPG)

UK March 2024 US March 2024 464 pages

PB 9781509962747 £44 99 / $60 95

Previously published in HB 9781509934096

ePub 9781509934102 • £81 00 / $110 69

ePdf 9781509934119 • £81 00 / $110 69

Series: Hart Studies in Constitutional Law • Hart Publishing

Common Law Constitutional Rights

Edited by Mark Elliott, University of Cambridge & Kirsty Hughes, University of Cambridge

This book offers the first detailed and comparative analysis of the content and role of common law constitutional rights in judicial decision-making

There is a developing body of legal reasoning in the United Kingdom Supreme Court that has championed common law constitutional rights Indeed various members of the senior judiciary have asserted the primary role of common law constitutional rights and critiqued legal arguments based first and foremost on the Human Rights Act 1998

This collection brings together leading constitutional scholars to systematically analyse this significant shift in legal reasoning, described by Lady Hale as ‘UK Constitutionalism on the march’, for the first time.

UK November 2023

PB 9781509974252

• US November 2023

• £44 99 / $60 95

• 352 pages

Previously published in HB 9781509906864

ePub 9781509906888 • £81 00 / $110 69

ePdf 9781509906871 • £81 00 / $110 69

Hart Publishing

Edited

by Christoph Bezemek, University of Graz, Austria

How will the 'crisis of constitutionalism' unfold in the years to come? Nobody knows, but at the same time, nobody is too keen to make an educated guess This volume remedies that

The book brings together 9 eminent scholars in law and political science to predict where constitutionalism will stand in 2030 It creates a forum of deliberation that not only aims to anticipate the developments in question but also shape academic discourse on constitutionalism

The contributors will reconvene in 2030 and 2040 to reflect and consider how the issues have evolved and whether their predictions have been realised

UK January 2024

• US January 2024

PB 9781509942749

• £44 99 / $60 95

• 304 pages

Previously published in HB 9781509942701

ePub 9781509942718

ePdf 9781509942725

Hart Publishing

• £81 00 / $110 69

• £81 00 / $110 69

The Constitutional Balance John Laws

In The Constitutional Balance Sir John Laws has left a vivid and timely commentary on one of the most pressing issues in the legal world today Constitutional fundamental values can compete with each other, giving rise to tensions within and between key state institutions, in particular the executive and the judiciary A 'constitutional balance' between them must be found if the constitution is to function properly Sir John draws on his life-long experience as a barrister, judge and academic, and on case-law and learning, to explain in vibrant and engaging terms how such a 'constitutional balance' might be achieved

UK November 2023 US November 2023 168 pages

• £19 99 / $26 95

PB 9781509974337

Previously published in HB 9781509935451

ePub 9781509935468

ePdf 9781509935475

Hart Publishing

• £36 00 / $49 94

• £36 00 / $49 94

The Constitutional Legitimacy of Law Officers in the United Kingdom

Conor McCormick, Queen’s University, Belfast, UK

This book provides a detailed account of each law officer’s functions and draws on that account as the basis for a broader conceptual analysis of their constitutional legitimacy

The constitutional legitimacy of law officers has been questioned repeatedly in recent years, on account of recurring controversies surrounding the discharge of their varied functions This book argues that the most persuasive framework for analysing the offices which make up this diverse regime involves concentrating on the constitutional values of independence, accountability and trust which underpin it

UK January 2024 • US January 2024 • 336 pages

PB 9781509944156 • £42 99 / $58 95

Previously published in HB 9781509944118

ePub 9781509944125 • £76 50 / $103 94

ePdf 9781509944132 • £76 50 / $103 94

Hart Publishing

The Rule of Law in Brazil

The Legal Construction of Inequality

Juliano Zaiden Benvindo, University of Brasília, Brazil

This book offers a broad perspective of the functioning, evolution, and dynamics of the rule of law in Brazil

In the context of a rising crisis of liberal principles and ‘democratic decay’ in global constitutionalism, the book explores how Brazilian democracy has dealt with the authoritarian mindset which still plays a big role in the fate of the country

It considers whether the democratic achievements and institutional framework that have strengthened over the years are capable of defending the rule of law as an imperative for Brazil’s development, especially in times when the country seems most in need of them

UK January 2024

• US January 2024

PB 9781509961900

• £42 99 / $58 95

Revolutionary Constitutionalism

Law, Legitimacy, Power

• 304 pages

Previously published in HB 9781509934959

ePub 9781509934966 £76 50 / $103 94

ePdf 9781509934973 £76 50 / $103 94

Series: The Rule of Law in Context Hart Publishing

Landmark Cases

Paul Mitchell, University College London, UK

Landmark Cases in Consumer Law

Edited by Jodi Gardner, University of Auckland, New Zealand & Iain Ramsay, University of Kent, UK (Emeritus)

This book analyses the history of the common law foundations of consumer law, and encourages readers to rethink the role that consumer law plays in our society The collection also includes a unique socio-legal perspective, considering the role that consumer law has played in addressing racial discrimination, LGBTQ challenges and the rights of women

The book demonstrates the theoretical and practical significance of consumer law through a wide range of contributions by authors from the United Kingdom, Europe, the United States and Australia

UK December 2023

HB 9781509952298

• US December 2023

• £110 00 / $150 00

ePub 9781509952304

ePdf 9781509952311

• 576 pages

• £99 00 / $134 99

• £99 00 / $134 99

Series: Landmark Cases • Hart Publishing

Edited

by Richard Albert, University of Texas at Austin, USA

This book contains contributions from leading scholars in public law who engage critically with Bruce Ackerman’s path-breaking book Revolutionary Constitutions. The book also features a rebuttal chapter by Ackerman in which he responds directly to the contributions

Some contributors advance Ackerman’s theory, others attack it, and others refine it—but all agree that the ideas in the book reset the terms of debate on important subjects in constitutionalism: from the promise and perils of populism to the causes and consequences of democratic backsliding, from the optimal models of constitutional design to the forms and limits of constitutional amendment, and from the role of courts in politics to how we identify when the mythical “people” have spoken

UK November 2023 • US November 2023 • 432 pages

PB 9781509974245 • £29 99 / $40 95

Previously published in HB 9781509934577

ePub 9781509934584 • £54 00 / $74 24

ePdf 9781509934591 • £54 00 / $74 24

Hart Publishing

Consumer Protection in Asia

Edited by Geraint Howells, Hans-W Micklitz, European University Institute, Italy, Mateja Durovic, City University of Hong Kong & André Janssen, Radboud University, Nijmegen, Netherlands

This seminal work explores consumer law in Asia

In it internationally renowned scholars make comparative surveys of the substantive themes, charting the different approaches adopted to the law within Asia, as well as the influences on the its development and relative levels of consumer protection

It places that development within a broader regional context, with comparisons to similar protections in Africa, Australia, Europe, South America as well as broader global perspectives

UK February 2024 • US February 2024 • 624 pages

PB 9781509957576 • £59 99 / $79 95

Previously published in HB 9781509957538

ePub 9781509957545 £108 00 / $147 14

ePdf 9781509957552 £108 00 / $147 14

Hart Publishing

Landmark Cases in the Law of Punitive Damages

Edited by James Goudkamp, University of Oxford, UK & Eleni Katsampouka, King's College London, UK

Punitive damages are private law’s most controversial remedy This book traces the development of the jurisdiction from the foundational decisions of Huckle v Money and Wilkes v Wood in England, to leading modern cases such as Harris v Digital Pulse Pty Ltd in Australia, Whiten v Pilot Insurance Co in Canada, Couch v AG (No 2) in New Zealand, PH Hydraulics and Engineering Pte Ltd v Airtrust (Hong Kong) Ltd in Singapore and Mathias v Accor Economy Lodging, Inc and State Farm Mutual Automobile Insurance Co v Campbell in the United States

UK

HB

Data Rights and Private Law

Edited by Damian Clifford, Australian National University, Australia, Kwan Ho Lau, Singapore Management University, Singapore & Jeannie Marie Paterson, The University of Melbourne, Australia

This collection moves debates about data beyond data and privacy protecting statutes, asking what private law has to say about these issues and exploring how private law influences the interpretation and the form of legislation dealing with data

Over five parts it: sets out an overview of the themes and problems; explores theoretical justifications and challenges in understanding data; considers data through the perspective of cognate private law doctrines; assesses the contribution of private law in understanding individual rights; and finally examines the potential of private law in providing individual remedies for wrongful data use, supplementing the work of regulators

UK December 2023

• US December 2023 • 336 pages

HB 9781509966028 • £95 00 / $130 00

ePub 9781509966035 • £85 50 / $116 09

ePdf 9781509966042 • £85 50 / $116 09

Series: Hart Studies in Private Law • Hart Publishing

Politics, Policy and Private Law

Tort, Property and Equity

Edited by Jodi Gardner, University of Auckland, New Zealand, Amy Goymour, Janet O'Sullivan & Sarah Worthington, all University of Cambridge, UK

This is a landmark and ambitious research project looking at private law through the policy prism undertaken by a team of acknowledged experts in their fields. This first volume explores tort law, property law and equity, with chapters looking at the Grenfell disaster, compensation of medical injuries post COVID-19, the gig economy and co-ownership The volumes also explore traditional private law areas, such as psychological injury and the impact of fairness and/or equality obligations They highlight the similarities and differences across many aspects of private law, allowing for a richer analysis across all the strands of private law

• US December 2023

UK December 2023

HB 9781509960965 £85 00 / $115 00

ePub 9781509960972 £76 50 / $103 94

ePdf 9781509960989 £76 50 / $103 94

Contract Law

An Introduction to the English Law of Contract for the Civil Lawyer

John Cartwright, University of Oxford, UK

The fourth edition of this acclaimed textbook introduces the lawyer trained in a civil law jurisdiction to the method of reasoning in the common law, and in particular to the English law of contract It is written for the lawyer - whether student or practitioner - from another jurisdiction who already has an understanding of a (different) law of contract, but who wishes to discover the way in which an English lawyer views a contract However, it is also useful for the English law student: setting English contract law generally in the context of other European and international approaches, the book forms an introductory text, not only demonstrating how English contract law works but also giving a glimpse of different ways of thinking about some of the fundamental rules of contract law from a civil law perspective

UK August 2023 US October 2023 448 pages

PB 9781509971800 • £34 99 / $47 95

ePub 9781509971817 • £31 49 / $43 19

ePdf 9781509971824 • £31 49 / $43 19

Hart Publishing

Regulating Boilerplate Resolving the Issues of Imposition and Unfairness in Standard Form Contracts

Marcus Moore, University of British Columbia, Canada

This book analyses what elements of legal regulation would best resolve the longstanding issues of imposition of terms and unfair terms in boilerplate ‘contracts of adhesion’ It adopts a ‘law in context’ methodology to offer solutions

The methodological approach is combined with insights from global regulatory theory and cutting edge solutions such as private collectivised proceedings and remedies, streamlined adjudication, and administrative enforcement systems It looks at models in the US, Canada, the UK, and the EU As the use of boilerplates is set only to increase as privatisation and globalisation spread, the answers provided are much needed

UK March 2024 • US March 2024 • 288 pages

HB 9781509951208 • £85 00 / $115 00

• 320 pages

Series: Hart Studies in Private Law • Hart Publishing

The Scope and Structure of Unjust Enrichment

Duncan Sheehan, University of Leeds, UK

This ambitious book grapples with ongoing debates on the structure of unjust enrichment. It argues that while unjust enrichment has the function of reversing defective enrichments, there is scope for normative pluralism in how the law achieves this Drawing on comparative material from Germany, Scotland and South Africa the book argues for a legal framework which combines elements of the absence of basis and unjust factors approaches It assesses how that structure can be mapped against the causes of action that make up unjust enrichment, and concludes with a treatment of defences

UK February 2024 US February 2024 304 pages

HB 9781509942442 £85 00 / $115 00

ePub 9781509942459 £76 50 / $103

ePub 9781509951215 • £76 50 / $103 94

ePdf 9781509951222 £76 50 / $103 94

Series: International Studies in the Theory of Private Law Hart Publishing

Judicial Reasoning in Tort Law

English and French Traditions Compared

Dorota Leczykiewicz, University of Oxford, UK

This book examines the practice of judicial reasoning in tort law, understood as a process of justification, consisting of both deductive and non-deductive elements, and therefore involving a significant element of choice or discretion. The book divides the elements of judicial reasoning into four conceptual categories: factual assessments, application of legislative and judgemade rules, reliance on reasonableness and policy considerations To discuss these elements in a comparative perspective the book uses the English and French judicial traditions of tort law as case studies By closely examining selected tort judgments from both jurisdictions, the book elucidates the phenomenon of law-making through adjudication in both a non-codified and a codified system of liability It offers a reflection on different approaches that legal systems may adopt to the importance in the process of judicial justification. UK

Male Violence Against Women Law, Ethics, and Policy

Jonathan Herring, University of Oxford, UK

This book provides an overview of male violence against women

Male violence against women is pervasive From the bedroom to the boardroom; from the home to the hospital; from the court to the care home, women are subject to male violence The legal response to this is weak The violence is either invisible or downplayed This book explains why and how the law can do better It claims that the legal response to male violence against women downplays the severity of the harm or even fails to recognise it

UK August 2024 • US August 2024 • 288 pages

HB 9781509965083 • £85 00 / $115 00

ePub 9781509965090 £76 50 / $103 94

ePdf 9781509965106 £76 50 / $103 94 Hart Publishing

Sentencing Rape A Comparative Analysis

Graeme Brown, University of Aberdeen, UK

This book presents an in-depth comparative study of sentencing practice for rape in England and Wales, Scotland, Ireland, Canada, New Zealand, and South Africa

It provides a thorough review of the literature on the physical and psychological effects of rape; the literature on the seriousness of the offence; and the victim’s role in sentencing and examines recent socio-legal research on technology-facilitated sexual violence and considers the implications for sentencing

The book critically analyses judicial approaches to rape sentencing and suggests possible reforms to rape sentencing in ‘non-guideline’ jurisdictions, with the aim of establishing general principles for sentencing rape

Contemporary Challenges to Criminal Justice Liber Amicorum for Ralph Henham

Edited by Paul Behrens, University of Edinburgh, UK

This study provides a critical examination of seminal issues within the main areas of criminal justice: its theoretical framework, transnational, and international criminal law It examines the impact of 'public morality' on sentencing policy, murder and the mandatory life sentence, genocide, and the notion of magnitude and incitement to terrorism Taking an approach that is fully integrated in contemporary criminal justice scholarship, it offers a diverse and expert perspective With a comprehensive introduction and conclusion drawing the various strands together, it provides a rigorous, coherent overview of the key issues in play in contemporary international criminal justice

UK December 2023 • US December 2023 • 512 pages

HB 9781509948628 • £100 00 / $135 00

ePub 9781509948635 • £90 00 / $122 84

ePdf 9781509948642 £90 00 / $122 84

Series: Studies in International and Comparative Criminal Law Hart Publishing

The Aarhus Convention Coming of Age?

Edited by Gregory Jones KC, Francis Taylor Building, UK & Aine Ryall, University College Cork, Ireland

21 years since its adoption, this edited collection reflects on the Convention’s impact across a number of key themes It explores the Convention’s role in the legal and political order; its jurisdictional impact; the role of the Compliance Committee; Aarhus and the European Union; Aarhus and Brexit It also looks at the Convention’s national impact, charting its application in practice in England and Wales, Scotland, Northern Ireland and Ireland It addresses procedural issues such as standing, costs and remedies Addressing questions of origins and scope to policy and practice, all environmental lawyers will find this collection invaluable

UK October 2023 US October 2023 448 pages

HB 9781509946518 £110 00 / $150 00

ePub 9781509946525 £99 00 / $134 99

ePdf 9781509946532 • £99 00 / $134 99

Hart Publishing

An Environmental Court in Action Function, Doctrine and Process

Edited by Elizabeth Fisher, University of Oxford, UK & Brian Preston, Land and Environmental

Court of New South Wales, Australia

Effective adjudication has become a key consideration for environmental lawyers One of the most important questions is whether environmental law frameworks need their own courts Here, a pioneer of such a court, the New South Wales Land and Environmental Court (NSWLEC) is forensically examined to see what it might teach other similar courts Showing a court ‘in action’, it suggests models that practitioners and policy makers might follow It also speaks to the environmental law scholars, setting out a conceptual framework for studying these courts as legal institutions This multi-faceted collection is invaluable to scholars and practitioners alike

UK March 2024

• US March 2024

PB 9781509961245

• 360 pages

• £41 99 / $57 95

Previously published in HB 9781509941032

ePub 9781509941049

ePdf 9781509941056

Hart Publishing

• £76 50 / $103 94

• £76 50 / $103 94

The Practical Guide to EU Law Litigation before National Courts

Zsófia Varga, European Parliament, Luxembourg

This book provides practical and comprehensive guidance for national practising lawyers on the application of EU/EEA law before national courts It describes the essential rules regarding the application of EU/EEA law before national judicial instances and structures them systematically, to enable national judges and litigation attorneys to comprehend the main standards

The book is divided into 6 chapters, each dealing with a specific topic For pragmatic purposes, the structure of the chapters is uniform and each chapter can be read individually The book’s unique practical focus makes a great addition to any national lawyer’s and EU law expert’s library

UK March 2024

• US May 2024

• 592 pages

HB 9781509964895 £250 00 / $340 00

ePub 9781509964901 £225 00 / $305 09

ePdf 9781509964918

Hart Publishing

• £225 00 / $305 09

Modern Studies in European Law

Free Movement Rights for Atypical Workers

Alice Welsh, York Law School, UK

This book challenges the existing focus in EU citizenship scholarship which looks only at the economically active Arguing that the deliberately vague EU concept of ‘work’ allows for its restricted application in Member States, it shows how many workers and economic contributors are left out of the free movement regime Relying on both qualitative case studies and legal analysis of both EU and UK legislation, case law, and decision maker guidance, it argues that, if EU free movement rights are awarded on the basis of market credentials, more must be done to ensure a contemporary, accurate and inclusive market citizenship

UK May 2024 • US May 2024

• 272 pages

HB 9781509966608 • £85 00 / $115 00

ePub 9781509966615 £76 50 / $103 94

ePdf 9781509966622 £76 50 / $103 94

Series: Modern Studies in European Law Hart Publishing

The Evolving Governance of EU Competition Law in a Time of Disruptions

A Constitutional Perspective

Edited by Carlo

Maria Colombo

&

Mariolina

Eliantonio, Maastricht University, the Netherlands & Kathryn Wright, University of York, UK

This book analyses the complex trends and transformations emerging in EU competition law in the current turbulent times.

Economic crises, the climate emergency, digitalisation, and geopolitical and democratic threats all have societal and economic effects on the EU. This brings about significant governance and constitutional challenges by questioning how the governance of EU competition law is being transformed to respond and adapt

The essays in this collection focus on the substantive and procedural developments across the three main policy areas of EU competition law: antitrust, merger control and State aid

UK February 2024 • US February 2024 • 416 pages

PB 9781509951833 • £41 99 / $57 95 • HB 9781509951796 • £85 00 / $115 00

ePub 9781509951802 • £76 50 / $103 94

ePdf 9781509951819 • £76 50 / $103 94

Series: Modern Studies in European Law Hart Publishing

The EU as a Global Digital Actor Institutionalising Global Data Protection, Trade, and Cybersecurity

Elaine Fahey, City Law School, City, University of London, UK

This book examines EU global data flows and digital trade through the framework of European institutionalisation Drawing on case studies of EU-US, EU-Japan and EU-China relations it charts the theoretical and empirical approaches at play The book marks a major shift in how institutionalisation and the EU should be viewed as it relates to 2 of the more extraordinary areas of global governance: trade and data flows. This significant book will be of interest to EU constitutional lawyers, as well as those researching in the field of IT and data law.

UK March 2024 US March 2024 264 pages

PB 9781509957088 £41 99 / $57 95

Previously published in HB 9781509957040

ePub 9781509957057 • £76 50 / $103 94

ePdf 9781509957064 • £76 50 / $103 94

Series: Modern Studies in European Law

• Hart Publishing

Migrant Rights and the European Integrated Border Management

At the Frontiers of International Responsibility

Giulia Raimondo, University of Luxembourg

European international border management (EIBM) is at the coal face of effective implementation of the Union’s refugee policy yet it is arguably under-examined This important new work addresses that gap by examining the European Border and Coast Guard Agency (Frontex), which coordinates and supervises the action of various actors involved in the EIBM With impressive analysis, it clearly illustrates how the development of Frontex has resulted in tensions between territory and public power It charts cooperative challenges faced, and the human rights obligations that such cooperation gives rise to

UK March 2024

• US March 2024

• 400 pages

HB 9781509964543 • £90 00 / $120 00

ePub 9781509964550 • £81 00 / $110 69

ePdf 9781509964567 • £81 00 / $110 69

Series: Modern Studies in European Law • Hart Publishing

Nordic Cooperation and the European Union 50 Years of Legal Integration

Edited by Graham Butler, University of Southern Denmark & Helle Krunke, University of Copenhagen, Denmark

This collection explores the cooperation between the European Union and the Nordic states

It tracks its evolution from informal arrangements to highly legalised arrangements Drawing on expert contributions, it gives a full understanding and elucidation of the impact of the interplay of these legal regimes and cultures Each chapter takes a comparative Nordic perspective, combining it with the EU legal perspective Drawing on both academic and practitioner perspectives, this important work offers fascinating insights into this unique relationship

UK January 2024 • US January 2024 • 416 pages

HB 9781509965700 • £95 00 / $130 00

ePub 9781509965717 • £85 50 / $116 09

ePdf 9781509965724 • £85 50 / $116 09

Series: Modern Studies in European Law Hart Publishing

Parliamentarism and Encyclopaedism

Parliamentary Democracy in an Age of Fragmentation

Giovanni Rizzoni, LUISS University of Rome, Italy This book explores a specific aspect of modern parliamentarism: its ability to produce and organise political knowledge.

The book argues that the very meaning of modern parliamentarism cannot properly be understood without considering the cognitive value which is inherent in the representative function discharged by parliaments, vis-a-vis the political community It does so by studying the ‘encyclopaedic patterns’ underlying modern parliamentarism Exploring the concept from ancient times to modernity, it addresses the fundamental question of the relationship between knowledge and democratic decision-making

UK February 2024 • US February 2024 • 240 pages

HB 9781509963911 • £90 00 / $120 00

ePub 9781509963928 • £81 00 / $110 69

ePdf 9781509963935

• £81 00 / $110 69

Series: Parliamentary Democracy in Europe • Hart Publishing

Building Bridges in European and Human Rights Law Essays in Honour and Memory of Paul Heim

CMG

Edited by Michael-James Clifton, EFTA Court, Luxembourg, Suzanne Rab, Serle Court Chambers, UK & David Scorey KC, Essex Court, UK

This unique book, formed as a series of essays, focusses on the building of bridges between individuals and institutions in European and human rights law Drawing on the contributions of international judges, leading practitioners, and officials, the collection provides personal reflections and expertise on selected aspects of European and human rights law In so doing, it provides multi-level perspectives on the Court of Justice of the European Union, the EFTA Court, the European Court of Human Rights, and the International Criminal Court, and the interaction of their jurisprudence with domestic law

UK February 2024 US February 2024 336 pages

HB 9781509952588 £85 00 / $115 00

ePub 9781509952595 • £76 50 / $103 94

ePdf 9781509952601 • £76 50 / $103 94

Hart Publishing

National Constitutions and EU Integration

Edited by Stefan Griller, University of Salzburg, Austria, Lina Papadopoulou, Aristotle University of Thessaloniki, Greece & Roman Puff, Salzburg Centre of European Union Studies, Austria

Do individual constitutions, and the legal cultures underlying them, pose an obstacle to future EU integration?

This ambitious collection brings together reports from all the European Member States, systematically setting out their individual constitutional guarantees In doing so, it tracks possible roadblocks to the future evolution of European integration Written by recognised authorities in each Member State, it offers an authoritative and rigorous overview of the European Union's constitutional landscape Its single-structure approach allows for comparison while maintaining consistency It will become the standard reference work for academics, students and practitioners in the field of European Union law and integration

UK February 2024

PB 9781509942626

EU Trade Mark Regulation

Article-by-Article Commentary

Edited by Ulrich Hildebrandt, Hildebrandt Legal, Germany & Olaf Sosnitza, University of Würzburg, Germany

This book provides a comprehensive guide to the EU Trade Mark Regulation (EUTMR).

The book comments in detail on all provisions of the EUTMR, taking into account the case law of the European Court of Justice and domestic courts as EU Trade Mark courts It then goes on to look at the decisions of the General Court, the Boards of Appeal and the first instance practice of the EUIPO

UK September 2023 • US October 2023 • 1408 pages

HB 9781509972937 • £400 00 / $545 00

Beck/Hart

World English (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland)

Sovereignty, Technology and Governance after COVID-19 Legal Challenges in a Post-Pandemic Europe

Edited by Francisco de Abreu Duarte, European University Institute, Florence, Italy & Francesca Palmiotto Ettorre, European University Institute, Italy

This book imagines how Europe might re-organise and re-group after the COVID crisis by assessing its effectiveness when responding to it It focuses on: i) sovereignty challenges; ii) technological challenges and iii) governance challenges The book shows how these challenges intersect by examining the relationship between public and private power, and illustrating how the rise of technocratic authority is connected to the choice of technological solutions It illustrates how constitutional decisions taken during states of emergency give rise to private governance challenges related to cybersecurity and data protection by experts in the fields of EU governance, data protection, and technology

UK March 2024 • US March 2024 • 264 pages

PB 9781509956029 • £41 99 / $57 95

Previously published in HB 9781509955985

ePub 9781509955992 • £76 50 / $103 94

• US February 2024

• £74 99 / $100 00

• 864 pages

Previously published in HB 9781509906765

ePub 9781509906758 • £135 00 / $183 59

ePdf 9781509906741 • £135 00 / $183 59

Hart Publishing

The Treatment of Immigrants in the European Court of Human Rights

Moving Beyond Criminalisation

Amanda Spalding, University of Leeds, UK

As immigration in Europe has increased, so has its criminalisation This is a multi-faceted phenomenon, with criminal justice and harsh use of immigration measures becoming more and more entwined This book asks: how has the European Court of Human Rights responded? Drawing on case law from across the spectrum of rights, it explores how effective it has been in countering detention and deportation, if at all This makes an original contribution to the growing focus on ‘crimmigration’

UK January 2024 • US January 2024

PB 9781509947447

• £39 99 / $54 95

• 232 pages

Previously published in HB 9781509947409

ePub 9781509947416

ePdf 9781509947423

Hart Publishing

• £72 00 / $98 54

• £72 00 / $98 54

ePdf 9781509956005 • £76 50 / $103 94

Hart Publishing

Autonomy, Care and Family Law

Anna Heenan, University of Cambridge, UK

This book combines doctrinal, theoretical and original empirical data to consider different approaches to balancing paid work and caretaking

The book considers how, given changing social trends, family law and policy should take account of caretaking responsibilities on parental separation Crucially, it suggests that we need to rethink family law and policy by reference to a principle of care

UK December 2023 • US December 2023 • 224 pages

HB 9781509959334 £85 00 / $115 00

ePub 9781509959341 £76 50 / $103 94

ePdf 9781509959358 • £76 50 / $103 94

Hart Publishing

What Is a Family Justice System For?

Edited by Mavis Maclean, University of Oxford, UK, Rachel Treloar, Keele University, UK & Bregje Dijksterhuis, Utrecht University, the Netherlands

This book explores the role of the family justice system and asks whether it has a function beyond decision-making in dispute resolution It is divided into 4 parts:

- Part 1 asks what constitutes a family justice system in different jurisdictions, and how a welfare element is included in the legal framework

- Part 2 looks at those engaged with a family justice system as professionals and users

- Part 3 evaluates new ways of working within a family justice system

- Part 4 explores recent major changes of direction for the family justice systems of Australia, Argentina, and Germany

UK February 2024 • US February 2024 • 288 pages

PB 9781509951017 • £42 99 / $58 95

Previously published in HB 9781509950973

ePub 9781509950980 • £76 50 / $103 94

ePdf 9781509950997 • £76 50 / $103 94

Series: Oñati International Series in Law and Society • Hart Publishing

Citizenship and Human Rights

From Exclusive and Universal to Global Rights: A New Framework

Christian Kälin, Henley & Partners, UK

Can universal human rights and different national citizenship regimes be compatible? This book argues that they can’t It explores whether the emergence of postnational models of citizenship that aim at decoupling human rights and citizenship succeed in overcoming tensions between the universal (multiculturalism; universal human rights; postnational values) and the particular (citizenship; borders; national values and diverse local narratives)

The author argues that it is illegitimate to speak of universal human rights, universal human dignity, or universal social justice It is only by recognising this reality that transformation of human rights and citizenship can be meaningfully undertaken

UK January 2024 US January 2024 384 pages

HB 9781509950249 • £90 00 / $120 00

ePub 9781509950256 • £81 00 / $110 69

ePdf 9781509950263 • £81 00 / $110 69

Hart Publishing

Quiet Revolutionaries

The Married Women's Association and Family Law

Sharon Thompson, Cardiff University, UK

This book provides a unique analysis of how our current law has been shaped by feminist activism, exploring the attempts of the Married Women's Association (MWA) to achieve economic and legal equality between spouses

It focuses on the MWA’s defeats as well as its successes, placing particular emphasis on the Association’s failed Bills It demonstrates how and why law is reformed, and the limitations of law in achieving gender equality This in turn provides vital insight into processes of family law reform and into questions about marriage and divorce that are proving newsworthy and provocative today

UK March 2024 • US March 2024 • 280 pages

PB 9781509962532 • £42 99 / $58 95

Previously published in HB 9781509929412

ePub 9781509929429 £76 50 / $103 94

ePdf 9781509929436 £76 50 / $103 94

Hart Publishing

Islam, Religious Liberty and Constitutionalism in Europe

Edited by Mark Hill KC, Cardiff University, UK & Lina Papadopoulou, Aristotle University of Thessaloniki, Greece

This edited collection examines the challenges, both apparent and real, faced by Muslim practice and Islamic belief within the legal and political framework of Europe

The volume’s contributors range from academics at leading universities to former judges and politicians Its twenty chapters focus on constitutional challenges, human rights with a focus on religious freedom, and securitisation and Islamophobia, while adopting supranational and comparative approaches

This book will appeal not merely to law students in the United Kingdom and the European Union, but to anyone involved in diplomacy and international relations, including political scientists, lobbyists, and members of NGOs

UK January 2024 US January 2024 352 pages

HB 9781509966950 £95 00 / $130 00

ePub 9781509966967 • £85 50 / $116 09

ePdf 9781509966974 • £85 50 / $116 09

Hart Publishing

The Ethics and Conduct of Lawyers in England and Wales

Andrew Boon, City, University of London, UK

The fourth edition of this respected textbook examines the regulation and conduct of lawyers in England and Wales and addresses new developments in the field, including those in international practice, sexual misconduct and environmental issues Focusing on the practice of, and interrelationship between, solicitors and barristers, it provides background to current arrangements while exploring contemporary rules of conduct, systems of regulation, and controversies

The four main parts cover client duties, wider obligations, key contexts, and regulation The approach throughout is socio-legal While the essential law is described, relevant social science research informs consideration of issues and debates

UK November 2023

PB 9781509971763

• US January 2024

• £44 99 / $60 95

ePub 9781509971770

ePdf 9781509971787

Hart Publishing

• 432 pages

• HB 9781509971848

• £40 49 / $55 34

• £40 49 / $55 34

• £90 00 / $120 00

Habitual Ethics?

Sylvie Delacroix, University of Birmingham, UK

This open access book develops an in-depth account of habit in order to understand its impact upon the way moral decisions are made in a professional context It calls for renewed attention to be paid to habits and their relationship to ethical agency Mostly neglected in moral and legal theory, such an inquiry is essential if we are to come to grips with the challenges raised by the profession's growing reliance upon automated systems

The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Mozilla Foundation.

UK February 2024

PB 9781509961894

• US February 2024

• £42 99 / $58 95

• 208 pages

Previously published in HB 9781509920419

ePub 9781509920426

• £0 00 / $0 00

ePdf 9781509920433 £0 00 / $0 00

Hart Publishing

Unified Patent Court Procedure A Commentary

Christof Augenstein, Preu Bohlig & Partner, Sabine Agé, Véron VA & Associés & Alex Wilson, Powell Gilbert

This commentary is focused on the procedure of the Unified Patent Court, and covers infringement and defences; proceedings and the UPC; the statutes of the UPCC; financial provisions and general provisions. It also explores languages of proceedings; proceedings before the Court; powers of the Court; appeals; decisions, implementation and operation of agreement All patent lawyers will welcome this magisterial commentary

UK March 2024 • US April 2024 • 1000 pages

HB 9781849464932 • £300 00 / $410 00

Beck/Hart

World English (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland)

Fragmentation and the European Patent System

Karen Walsh, Maynooth University, Ireland

The European patent system (EPS) is undoubtedly fragmented, which is generally seen as a negative aspect of the system that needs to be removed This book questions that viewpoint and takes the unique perspective that fragmentation is in fact inherent in the EPS and can, in certain circumstances, be a positive feature

The book proposes a theoretical analysis of fragmentation as a feature of supranational law-making and legal systems It draws on jurisprudence from international law, in which fragmentation is inherent, and uses that analysis to propose alternative methods of harmonising the EPS, while ensuring national diversity

UK February 2024 • US February 2024 • 256 pages

PB 9781509961436 • £42 99 / $58 95

Previously published in HB 9781509939312

ePub 9781509939329 • £76 50 / $103 94

ePdf 9781509939336 • £76 50 / $103 94

Hart Publishing

Intellectual Property Excesses Exploring the Boundaries of IP Protection

Edited by Enrico Bonadio, City, University of London, UK & Aislinn O’Connell, Royal Holloway, University of London, UK

This book highlights the sometimes absurd outcomes which an unjustified overprotection of intellectual property (IP) may lead to It collects and comments on a series of IP disputes which have taken the notion of IP protection to extremes

The aim of the book is to criticise these excesses because they contribute to creating an environment where more and more people are led to ‘hate’ IP This is not a book against IP, it is instead a call for change and an attempt to ‘save’ IP from continuing to be an easy target for criticism

UK January 2024 • US January 2024

PB 9781509944927

• £44 99 / $60 95

• 448 pages

Previously published in HB 9781509944880

ePub 9781509944897 £81 00 / $110 69

ePdf 9781509944903 £81 00 / $110 69

Hart Publishing

New Data Governance Act

A Practitioner's Guide

Edited by Kristina Schreiber, Loschelder Rechtsanwälte, Germany, Patrick Pommerening, Loschelder Rechtsanwälte, Germany & Philipp Schoel

This guide serves as the first point of reference for all those who have to comply with or apply the Data Governance Act (‘DGA’).

Tightly structured within a clear framework it provides an overall view of the DGA as well as offering more detailed information on the individual articles It goes further, addressing pressing follow up questions such as legal protection This will be invaluable to companies, public authorities, and consultants as well as courts and research institutions coming to grips with the DGA

• US October 2023

UK August 2023

HB 9781509969968

Nomos/Hart

Space Law

Edited by Stephan Hobe, University of Köln, Germany

The second edition of this comprehensive handbook describes the legal grounds for human activities in outer space and on celestial bodies, including recent developments such as:

-Space travel by private companies

-NASA's Artemis programme

-Concrete considerations for colonising the moon and Mars

-Resource mining on celestial bodies

-Traffic rules for space

UK July 2023

• US September 2023 • 320 pages

HB 9781509972586 • £250 00 / $340 00

Nomos/Hart World English (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland)

New Digital Services Act

A Practitioner's Guide

Edited by Torsten Kraul, Noerr PartGmbB, Germany

This book provides clarity, both for companies offering online services and for users of digital services, on the New Digital Services Act.

The new Act includes obligations for providers of digital services in order to ensure that activities that are illegal offline are also prohibited online

The book takes a comprehensive look at:

- Which providers are affected under which conditions

- Which obligations they must comply with

- Which innovations apply to liability on the internet and

• 224 pages

• £140 00 / $190 00

World English (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland)

- What are the consequences of breaches of law

UK November 2023

US December 2023 240 pages

HB 9781509969982 £140 00 / $190 00

Nomos/Hart

World English (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland)

Data Protection and Privacy, Volume 11

The Internet of Bodies

Edited by Ronald Leenes, Tilburg University, the Netherlands, Rosamunde van Brakel, Serge Gutwirth & Paul De Hert, all Vrije Universiteit Brussel, Belgium

This volume brings together papers that offer conceptual analyses, highlight issues, propose solutions, and discuss practices regarding privacy and data protection

The book explores the following topics: biometrics and data protection in criminal justice processing; privacy, discrimination and platforms for men who have sex with men; mitigation through data protection instruments of unfair inequalities as a result of machine learning; privacy and human-robot interaction in robotized healthcare; privacy-by-design; personal data protection of deceased data subjects; large-scale face databases and the GDPR; the new Europol regulation, rethinking trust in the Internet of Things; fines under the GDPR; data analytics and the GDPR; and the essence of the right to the protection of personal data

UK November 2023 • US November 2023 • 344 pages

PB 9781509974290 • £31 99 / $42 95

Previously published in HB 9781509926206

ePub 9781509926220 £58 50 / $79 64

ePdf 9781509926213 £58 50 / $79 64

Series: Computers, Privacy and Data Protection • Hart Publishing

Applying International and European Anti-Discrimination Law to the Housing Context

Juan Carlos Benito Sanchez, UCLouvain, Belgium

This is the first study of anti-discrimination law as it applies to housing law in Europe Legislative discussion looks at EU law, the European Convention on Human Rights, the European Social Charter and related case law The book goes further to examine United Nations human rights instruments and related practice of UN committees This unique focus allows for a fuller understanding of anti-discrimination law’s implications, potential, and challenges

UK August 2023

• US October 2023

• 304 pages

HB 9781509971374 • £120 00 / $160 00

ePub 9781509975280 • £108 00 / $147 14

ePdf 9781509975297 • £108 00 / $147 14

Editions Pedone/Hart

World All Languages (except French)

Re-Inventing Labour Law Enforcement

A Socio-Legal Analysis

Louise Munkholm, University of Southern Denmark

The monograph investigates labour law enforcement from a socio-legal perspective It analyses how local Italian enforcement actors promote the protection of workers in Prato – a city that has seen a significant influx of Chinese migrants who run small workshops as part of the local clothing industry Many of the Chinese firms fail to live up to core labour standards, such as maximum working hours, safety and health at work and payment of social security contributions Based on interviews, observations and document material, the book analyses the strategies and practices employed by three types of local enforcement actors (inspectors, unionists and consultants) in their efforts to assist Chinese firms in improving their level of labour law compliance

• US November 2023

UK November 2023

PB 9781509974306

• £39 99 / $54 95

Previously published in HB 9781509926374

ePub 9781509926381 £72 00 / $98 54

ePdf 9781509926398 £72 00 / $98 54

Hart Publishing

The EU Directive on Adequate Minimum Wages Context, Commentary and Trajectories

Edited by Luca Ratti, University of Luxembourg, Elisabeth Brameshuber, University of Vienna, Austria & Vincenzo Pietrogiovanni, Lund University, Sweden

This book analyses the EU regulatory framework deriving from the enactment of Directive 2022/2041 on adequate minimum wages

In the first part, the book discusses the function of minimum wage policies in contemporary labour markets and the role of social partners and collective bargaining in governing minimum wage determinants and trends The second part provides an article-byarticle commentary of the Directive The third part assesses the main systemic implications of the Directive on Member States

UK March 2024 US May 2024 704 pages

HB 9781509968725 • £150 00 / $200 00

ePub 9781509968732 • £135 00 / $183 59

ePdf 9781509968749 • £135 00 / $183 59

Hart Publishing

Effective Enforcement of EU Labour Law

Edited by Zane Rasnaca, European Trade Union Institute, Belgium, Aristea Koukiadaki, University of Manchester, UK, Niklas Bruun, Hanken School of Economics, Finland & Klaus Lörcher, Former Legal Adviser to the European Trade Union Confederation, Belgium

This book by the ETUI Transnational Trade Union Rights Expert Network analyses enforcement as a key element making EU labour law effective or ineffective

The book takes a threefold approach by exploring the idea of effective enforcement and the classic types of enforcement from the perspective of EU labour law It then analyses how enforcement operates in particular contexts, including non-discrimination, health and safety, information and consultation rights, and the rights of migrating workers, before finally turning to specific actors (whistleblowers, the European Labour Authority) and settings (public procurement, economic and monetary policy)

UK January 2024 • US February 2024 • 672 pages

PB 9781509944453 • £59 99 / $79 95

Previously published in HB 9781509944415

ePub 9781509944422 • £108 00 / $147 14

ePdf 9781509944439 • £108 00 / $147 14

Hart Publishing

Global Perspectives on Press Regulation, Volume 2

Asia, Africa, the Americas and Oceania

Edited by Paul Wragg, University of Leeds, UK & András Koltay, University of Public Service, Hungary

In this ground-breaking two-volume set, worldleading experts produce a rich, authoritative depiction of the world’s press, its freedom, and its limits The contributions in Volume 1 look at key jurisdictions in Europe; whereas Volume 2 goes beyond Europe to analyse the situation in key jurisdictions in Asia, Africa, the Americas and Oceania Each volume can be used independently or as part of the complete set

This work will be incredibly valuable to policy makers and academics

• 208 pages

UK February 2024 US February 2024 416 pages

• £90 00 / $120 00

HB 9781509950393

ePub 9781509950409

ePdf 9781509950416

Hart Publishing

• £81 00 / $110 69

• £81 00 / $110 69

Liberal Democracy, Law and the Citizen Speaker Regulating Online Speech

Ian Cram, University of Leeds, UK

This book delivers an original analysis of the legal regulation of online speech and defends a participatory account of speech in non-deliberative settings The legal and policy implications for governments and social media platforms of this inclusive envisioning of public discourse are then elaborated upon Speech on public platforms has become democratised At the same time, concerns exist about disinformation The downsides of democratised speech are said to undermine the integrity of democratic processes and institutions

UK February 2024 • US February 2024 • 288 pages

PB 9781509945863 • £42 99 / $58 95

Previously published in HB 9781509945825

ePub 9781509945832 • £76 50 / $103 94

ePdf 9781509945849 £76 50 / $103 94

Hart Publishing

Studies in International Law

Marine Bioprospecting, Biodiversity and Novel Uses of Ocean Resources

New Approaches in International Law

Edited by David Langlet, University of Uppsala, Sweden & Niels Krabbe, University of Gothenburg, Sweden

This open access book explores how developments in marine biodiversity and other resources challenge the foundations of the law of the sea and its domestic implementation It does this by examining different perspectives and case studies The contributors also examine international environmental law, intellectual property rights, and contract law The team of experts broaden the scholarly debate on marine genetic resources and provide a timely reflection on ongoing policy developments

The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the University of Gothenburg, Department of Law.

UK March 2024 US March 2024 352 pages

HB 9781509968275 £85 00 / $115 00

ePub 9781509968282 £0 00 / $0 00

ePdf 9781509968299 • £0 00 / $0 00

Series: Studies in International Law • Hart Publishing

International Agreements between Non-State Actors as a Source of International Law

Melissa Loja, National University of Singapore, Singapore

This book adopts postmodern legal positivism, departing from the more usual state-centric analysis, to explore whether agreements with non state actors can be considered sources of law It acknowledges that international law-making takes place in subjective social landscapes It moves beyond a conceptual discussion, and looks at the question in an applied context, taking as its case study petroleum agreements allowing two or more states to exploit disputed resources across boundaries

UK March 2024

• US March 2024

PB 9781509951147

Islands and International Law

Donald R Rothwell, Australian National University, Australia

Islands and their status in international law have become one of the more contentious issues in public international law However, despite this, there is no rigorous book-length study on the question. This book fills that gap. Written by one of the world’s leading public international lawyers, it offers an authoritative overview of how public international law operates in relation to islands Key issues such as sovereignty, territorial rights, and governance are explored in depth This will become a classic text in the field of international law.

UK January 2024 • US January 2024 • 328 pages

PB 9781509955466 • £41 99 / $57 95

Previously published in HB 9781509955428

ePub 9781509955435 • £76 50 / $103 94

ePdf 9781509955442 • £76 50 / $103 94 Hart Publishing

Territorial Status in International Law

Jure Vidmar, Maastricht University, the Netherlands

This book develops a new theory of territorialism and international legal status of territories It (i) defines the concept of territory, explaining how territories are created; (ii) redefines the concept of statehood, illustrating that statehood (rather than the statehood criteria) is territorial legal status established in the formal sources of international law; and (iii) grounds non-state territorial entities in the sources of international law to explain their international legal status This fresh new theoretical perspective has both scholarly and practical importance, providing a tool helping decision-makers and judges in the practical application of international law

UK January 2024 • US January 2024 • 288 pages

HB 9781509959488 £85 00 / $115 00

ePub 9781509959495 £76 50 / $103 94

ePdf 9781509959501 £76 50 / $103 94

Series: Studies in International Law • Hart Publishing

State Responsibility for NonState Actors

Past, Present and Prospects for the Future

Richard Mackenzie-Gray Scott, University of Oxford, UK

This book investigates how state responsibility is determined for the wrongdoing of non-state actors People, businesses and societies pay a price for interactions between states and non-state actors From insurrections that attempt to create new governments, to states arming belligerent proxies, to companies damaging natural environments or providing suspect services, their impact are felt in numerous ways They also give rise to many questions relating to responsibility In answering these, this book provides a picture of what the law governing this area is, what it could be, and what it should be in light of the past, present, and future

• 240 pages

• £41 99 / $57 95

Previously published in HB 9781509951109

ePub 9781509951116

ePdf 9781509951123

• £76 50 / $103 94

• £76 50 / $103 94

Series: Studies in International Law

• Hart Publishing

UK March 2024 • US March 2024 • 304 pages

PB 9781509951635 • £41 99 / $57 95

Previously published in HB 9781509951543

ePub 9781509951550 • £76 50 / $103 94

ePdf 9781509951567 £76 50 / $103 94

Series: Studies in International Law Hart Publishing

European Private International Law Commercial Litigation in the EU

Geert van Calster, KU Leuven, Belgium

This classic textbook provides a thorough overview of European private international law It is essential reading for both practitioners and students of private international law and transnational litigation, wherever they may be located: the European rules extend beyond European shores Opening with foundational questions, the book clearly explains the subject’s central tenets: the Brussels I, Rome I and Rome II Regulations (jurisdiction, applicable law for contracts and tort) Drawing on the author’s rich experience, the new edition retains the book’s hallmarks of insight and clarity of expression ensuring it maintains its position as the leading textbook in the field.

From Theory to Practice in Private International Law

Gedächtnisschrift for Professor Jonathan Fitchen

Edited by Justin Borg-Barthet, Katarina Trimmings,

Burcu Yüksel Ripley & Patricia Živkovic, all University of Aberdeen, UK

This book is compiled in honour of the work and life of Professor Jonathan Fitchen The chapters provide consideration of contemporary developments in the discipline, from analyses of the evolving nature of private international law to problems across issues such as migration, environmental protection, genderbased discrimination, the proper delineation of public and private intervention, cryptocurrencies, the treatment of foreign judgments in major economies, and the post-Brexit evolution of private international law, as well as definitional concerns in family law.

UK January 2024 US March 2024 464 pages

HB 9781509956647 • £90 00 / $120 00

ePub 9781509956654 • £81 00 / $110 69

ePdf 9781509956661 • £81 00 / $110 69

Hart Publishing

Studies in Private International Law - Asia

Anselmo Reyes, Doshisha University, Japan & Paul Beaumont, University of Stirling, UK

Private International Law in East Asia

From Imitation to Innovation and Exportation

Edited by Olivier Gaillard & Krista Nadakavukaren Schefer, Swiss Institute of

Comparative Law, Switzerland

This open access book examines the conflict of law rules in East Asian states Parts one and two give a contextual overview of the legal regimes of China, Japan, and South Korea Part three offers a detailed look at the conflict rules relevant to commercial law, while Part four examines the rules applying to family law and succession law

The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com

UK February 2024 • US February 2024 • 272 pages

HB 9781509970100 • £85 00 / $115 00

ePub 9781509970117 • £0 00 / $0 00

ePdf 9781509970124 £0 00 / $0 00

Series: Studies in Private International Law - Asia Hart Publishing

Modern Studies in Property Law

Hong Kong Private International Law

Wilson Lui, University of Hong Kong & Anselmo Reyes, Doshisha University, Japan

This book is a one-stop reference guide to Hong Kong private international law It focuses on practical issues with an emphasis on the choice of law, arbitration, and rapidly developing local jurisprudence It systematically analyses the private international law issues arising out of inter-regional cases between Hong Kong and Mainland China, Taiwan, and Macao SAR The book will be indispensable to judges, practitioners and scholars in Hong Kong and worldwide

UK February 2024 US April 2024 480 pages

HB 9781509956470 £160 00 / $220 00

ePub 9781509956487 • £144 00 / $195 74

ePdf 9781509956494 • £144 00 / $195 74

Series: Studies in Private International Law - Asia • Hart Publishing World All Languages (except Chinese)

Ben McFarlane, University of Oxford, UK & Sinéad Agnew, University of Cambridge, UK

Modern Studies in Property Law, Volume 10

Edited by Ben McFarlane, University of Oxford, UK & Sinéad Agnew, University of Cambridge, UK

This book contains a collection of papers presented at the Twelfth Biennial Modern Studies in Property Law Conference held at University College London in April 2018 Collectively, the chapters demonstrate the vibrancy, diversity and importance of property law and of current research in the subject

• US November 2023

UK November 2023

PB 9781509974238

• £54 99 / $74 95

Previously published in HB 9781509921379

ePub 9781509921386

• £126 00 / $171 44

ePdf 9781509921393 £126 00 / $171 44

• 464 pages

Series: Modern Studies in Property Law Hart Publishing

Modern Studies in Property Law, Volume 11

Edited by Sue Farran, Newcastle University, UK, Russell Hewitson & Adam Ramshaw, Northumbria University, UK

This book considers the contemporary challenges faced by property law

It considers comparative perspectives, Taking and alienating property, Modern dilemmas; Old chestnuts – new challenges, and Wills, death and other morbid topics, with chapters on English succession law and the role of knowledge and approval in retrospective assessments of capacity

UK December 2023 • US December 2023

PB 9781509974344

• £59 99 / $79 95

• 368 pages

Previously published in HB 9781509939275

ePub 9781509939282

ePdf 9781509939299

• £108 00 / $147 14

• £108 00 / $147 14

Series: Modern Studies in Property Law • Hart Publishing

Women, Their Lives, and the Law

Essays

in Honour of Rosemary Auchmuty

Edited by Victoria Barnes, Brunel University, UK, Nora Honkala, University of Reading, UK & Sally Wheeler, Australian National University, Australia

This collection of essays honours Rosemary Auchmuty, Professor of Law at the University of Reading, UK She has fostered the study of women’s academic careers and, more politically, advanced progress on gender and equality issues including samesex marriage and property law Her research promotes the case of feminist legal history as a way of revealing the place of women and challenging dominant historical narratives that cast them aside The chapters, and the collection as a whole, examine areas of law that have a deep significance for women’s lives.

UK December 2023 • US December 2023 • 352 pages

HB 9781509962082 • £90 00 / $120 00

ePub 9781509962099 • £81 00 / $110 69

ePdf 9781509962105 • £81 00 / $110 69

Hart Publishing

Cyberbullying and Sexting Regulatory Challenges in the Digital Age

Elizabeth Agnew, Queen’s University Belfast, UK

Drawing on empirical research and influential theoretical frameworks, this book provides a critical overview of the key regulatory issues concerning cyberbullying and sexting behaviours among young people The author draws out a range of definitional and regulatory tensions associated with the peer-based behaviours by providing an in-depth analysis of the legislative frameworks and policies used to govern cyberbullying and sexting, both within the UK and internationally

UK February 2024 • US February 2024 • 240 pages

HB 9781509951345 • £85 00 / $115 00

ePub 9781509951352 • £76 50 / $103 94

ePdf 9781509951369 • £76 50 / $103 94

Hart Publishing

Political Control of America's Courts

Examining the Facts

Helena Silverstein, Lafayette College, USA

A deeply researched and even-handed account of the relationship between America's judicial branch—which is supposed to view law through a nonpartisan lens—and the partisanship that is such a notorious force in the operations of the nation's other two branches of government

Is political combat over judicial nominations worse than ever? What impact has the politicization of the courts had on public faith in our judicial system and the laws we all live by? What reforms have been proposed to address the alleged politicization of American courts? This work will provide insights into all these questions and more

UK January 2023

• US January 2023

HB 9781440878053

Banning ‘Conversion Therapy’ Legal and Policy Perspectives

• 224 pages

• £54 00 / $70 00

ePub 9798216184553

• £52 93 / $63 00

ePdf 9781440878060 £52 93 / $63 00

Series: Contemporary Debates ABC-CLIO

Edited

by Ilias Trispiotis, University of Leeds, UK & Craig Purshouse, University of Liverpool, UK

This book looks at why and how states should legally ban LGBTIQ+ ‘conversion therapy’ Few states have legislated against LGBTIQ+ ‘conversion therapy’, with many currently considering its legal ban Banning ‘Conversion Therapy’ brings together leading academics, legal and medical practitioners, policymakers, and activists to illuminate the legislative and non-legislative steps that are required to protect individuals from the harms of ‘conversion therapy’ in different contexts

UK December 2023 • US December 2023 • 320 pages

HB 9781509961153 • £90 00 / $120 00

ePub 9781509961160 • £81 00 / $110 69

ePdf 9781509961177 • £81 00 / $110 69

Hart Publishing

Spaces of Care

Edited by Loraine Gelsthorpe, University of Cambridge, Perveez Mody, University of Cambridge & Brian Sloan, University of Cambridge

Coordinated by the Cambridge Socio-Legal Group this edited collection interrogates the ways in which the interdisciplinary study of care challenges and provokes a reassessment of the points of connection and disjuncture between care and governance, ethics, and public, personal and professional identities

Leading lawyers, anthropologists, sociologists and criminologists reflect on specific aspects of conceptualising caring relations in ‘spaces’ including: Communities of care and abandonment; Selfcare and kinship care; Spaces as ‘gaps’ in care; The meanings of marketised care and the ways in which care is constructed and constrained in different ways in venues such as homes, prisons, workplaces and virtual spaces

UK November 2023 • US November 2023

PB 9781509974269 £39 99 / $54 95

Previously published in HB 9781509929634

ePub 9781509929641 • £72 00 / $98 54

ePdf 9781509929658 • £72 00 / $98 54

Hart Publishing

• 288 pages

Capital Punishment A Documentary and Reference Guide

David L. Hudson Jr.

Each primary source in this carefully curated collection on capital punishment features an introduction and analysis that helps provide crucial context for understanding the evolution of law and public attitudes toward the death penalty from colonial times to the present

Showcasing key primary documents that illuminate the ongoing debate and turbulent history of capital punishment in the United States, this collection gathers a wide range of fascinating and momentous sources including court decisions and transcripts, legislation, personal accounts and perspectives, congressional testimony, and government documents. The wide-ranging collection also reflects a wide range of political perspectives and messaging, giving readers valuable insight into the evolution of public opinion, law, and government policy pertaining to the death penalty in America

UK June 2023

• US June 2023

HB 9781440875779

• 318 pages

• £94 00 / $122 00

ePub 9798216170921 • £90 97 / $109 80

ePdf 9781440875786 • £90 97 / $109 80

Series: Documentary and Reference Guides

We want students to make the most of their time at university; to discover opportunities, succeed in their studies – and to enjoy the journey. Our books and resources support students in developing essential skills and empower them to achieve their goals.

POCKET STUDY SKILLS

For time-pushed students, the Pocket Study Skills pack a lot of advice into a little book. Each guide focuses on a single crucial aspect of study, providing step-by-step guidance, handy tips and clear advice.

Explore the full series at www.bloomsbury.com/pocketstudyskills

Encyclopedia of Constitutional Amendments, Proposed Amendments, and Amending Issues, 1789-2023

Fifth Edition

2-Volume Set

John R. Vile, Middle Tennessee State University, USA

Written by a leading scholar of the constitutional amending process, this 2-volume encyclopedia, now in its fifth edition, is an indispensable resource for students, legal historians, and high school and college librarians

This authoritative reference resource provides a history and analysis of all 27 ratified amendments to the Constitution, as well as insights and information on thousands of other amendments that have been proposed but never ratified from America's birth until the present day The set also includes a rich bibliography of informative books, articles, and other media related to constitutional amendments and the amending process A staple since its original publication in 1996, this thoroughly updated reference set remains an invaluable resource for research and education

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