Law New Books Catalogue July-September 2022

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Law - Hart New Books Catalogue

July-September 2022


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Contents ADR & Arbitration ���������������������������������������������������������� 2

EBooks ePub and ePDF availability is listed under each book entry.

Review Copies

Banking & Financial Law ������������������������������������������������ 2

Email (Americas) / (UK / Rest of World).

Company, Corporate & Commercial Law ���������������������� 3

Standing Orders

Comparative Law ������������������������������������������������������������ 4

Many of our series are available on a standing order basis. For further information contact our trade ordering departments listed on page 24.

Competition Law ������������������������������������������������������������ 4 Constitutional & Administrative Law ������������������������������ 4 Contract, Tort & Restitution Law ������������������������������������ 7 Criminal Law ������������������������������������������������������������������ 7 Criminology & Policing �������������������������������������������������� 9 Energy, Environmental & Natural Resources Law ���������� 9 Equity & Trusts ������������������������������������������������������������ 11 European Law �������������������������������������������������������������� 11

Translation Rights Available unless otherwise indicated.

Key to Symbols Available on inspection / as exam copies: order online at To request any other PB or eBook, email (Americas) / (UK / Rest of World).

Evidence ���������������������������������������������������������������������� 13 Family Law �������������������������������������������������������������������� 14 Gender & the Law �������������������������������������������������������� 14 Human Rights Law �������������������������������������������������������� 14 Intellectual Property Law �������������������������������������������� 16 International Criminal Law �������������������������������������������� 16 International Investment Law �������������������������������������� 16 IT & Technology Law ���������������������������������������������������� 16 Labour & Discrimination Law ���������������������������������������� 17 Law & Religion �������������������������������������������������������������� 18 Legal Biography ���������������������������������������������������������� 18 Legal Education/Legal Profession �������������������������������� 18 Law & Humanities �������������������������������������������������������� 18 Legal Philosophy ���������������������������������������������������������� 18 Media Law �������������������������������������������������������������������� 19 Medical Law & Ethics ���������������������������������������������������� 20 Private International Law ���������������������������������������������� 20 Property Law ���������������������������������������������������������������� 20

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Public International Law ���������������������������������������������� 21 Socio-Legal Studies ������������������������������������������������������ 22 Tax Law ������������������������������������������������������������������������ 22 Representatives, Agents and Distributors ������������������ 24

Bloomsbury Academic is a division of Bloomsbury Publishing Plc. Registered in England No. 01984336.

L A W - H A R T – ADR & Arbitration / Banking & Financial Law

Hart Studies in Commercial and Financial Law No-Fault Approaches in the NHS Raising Concerns and Raising Standards Christopher Hodges, University of Oxford, UK (Emeritus) & Sonia Macleod, University of Oxford, UK This book explores how concerns can be raised about the NHS, why raising concerns hasn’t always improved standards, and how a no-fault open culture approach could drive improvements. It describes a wide range of mechanisms for raising concerns about the NHS including complaints, the ombudsman, litigation, HSIB, and the major inquiries since 2000, across the various UK jurisdictions. The authors outline practical solutions for reforming how the NHS responds to problems. The no-fault approaches proposed in the book provide long-term sustainable solutions to systemic problems, which are particularly timely given the impact of the COVID-19 pandemic on the NHS. UK September 2022 • US September 2022 • 240 pages HB 9781509916658 • £85.00 / $115.00 ePub 9781509916672 • £76.50 / $105.78 ePdf 9781509916665 • £76.50 / $105.78 Series: Civil Justice Systems • 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 September 2022 • US September 2022 • 352 pages HB 9781509956791 • £90.00 / $120.00 ePub 9781509956807 • £81.00 / $112.65 ePdf 9781509956814 • £81.00 / $112.65 Hart Publishing

EMU Integration and Member States’ Constitutions

Edited by Stefan Griller, University of Salzburg, Austria & Elisabeth Lentsch, University of Salzburg, Austria Offering a detailed assessment of the legal and constitutional developments concerning the Economic and Monetary Union (EMU) since the Treaty of Maastricht, this book provides not only a study of legal EMU-related measures and reforms at the EU level, but more importantly sheds light on their perception in the EU Member States. Legal scholars from the EU Member States (with the addition of the UK) investigate the legal, and in particular the constitutional, preconditions for deeper fiscal and monetary integration that influenced the past and might impact on the future positions in the (now) 27 EU Member States. UK August 2022 • US August 2022 • 728 pages PB 9781509948789 • £74.99 / $100.00 Previously published in HB 9781509935789 ePub 9781509935802 • £135.00 / $186.85 ePdf 9781509935796 • £135.00 / $186.85 Hart Publishing


John Linarelli, Touro College, USA; Teresa Rodríguez de las Heras Ballell, University Carlos III of Madrid, Spain

The Enforcement of EU Financial Law Edited by Jan Crijns, Leiden University, the Netherlands, Matthias Haentjens, Leiden University, the Netherlands & Rijnhard Haentjens, University of Amsterdam, the Netherlands (Emeritus)

This book focuses on the enforcement of EU financial law on the national and supra-national levels. Emphasis is laid on the interaction between the EU and national levels (vertical interaction), as well as between the private, administrative, and criminal law levels (horizontal interaction). The book takes a multijurisdiction and inter-disciplinary approach and covers highly topical issues, such as the new EU Anti-Money Laundering regime, and the ReNEUAL model for administrative law. The book will be of interest to policy makers and practitioners dealing with financial law, as well as to academics interested in the interaction between legal systems. UK June 2022 • US June 2022 • 320 pages HB 9781509959747 • £90.00 / $120.00 ePub 9781509959754 • £81.00 / $112.65 ePdf 9781509959761 • £81.00 / $112.65 Series: Hart Studies in Commercial and Financial Law • Hart Publishing

International Bank Crisis Management A Transatlantic Perspective

Marco Bodellini, Queen Mary University of London, UK 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 August 2022 • US October 2022 • 256 pages HB 9781509961306 • £85.00 / $115.00 ePub 9781509961313 • £76.50 / $105.78 ePdf 9781509961320 • £76.50 / $105.78 Series: Hart Studies in Commercial and Financial Law • Hart Publishing

The Future of High-Cost Credit Rethinking Payday Lending

Jodi Gardner, University of Cambridge, UK This book proposes a new way of thinking about the controversial and complex challenges associated with the regulation of high-cost credit, specifically payday lending. The book explores the theoretical grounding, policy initiatives and interdisciplinary perspectives associated with highcost credit, making a novel and insightful contribution to the existing literature. The problems with debt extend far beyond the legal sphere, and the findings will therefore be of interest to many other academic disciplines, as well as for those working in public policy and ‘the third sector’. UK July 2022 • US July 2022 • 304 pages HB 9781509939350 • £85.00 / $115.00 ePub 9781509939374 • £76.50 / $105.78 ePdf 9781509939367 • £76.50 / $105.78 Series: Hart Studies in Commercial and Financial Law • Hart Publishing • UK, Europe, ROW • +44 (0)1256 302692 •

Principles, Perspectives and Reform

Edited by Louise Gullifer, University of Cambridge, UK & Dora Neo, National University of Singapore This book explores secured transactions law in many of the most important countries in Asia, and reflects on the need for, benefits of and challenges for reform. It provides analytical insights as to why secured transactions law reform happens or does not happen, the different methods by which it takes place, its benefits and the difficulties that need to be overcome for successful reform. It discusses the need for reform where it has not yet taken place and assesses the reforms that have already been enacted or are being considered. UK September 2022 • US September 2022 • 608 pages PB 9781509946631 • £59.99 / $79.95 Previously published in HB 9781509926497 ePub 9781509926510 • £108.00 / $149.75 ePdf 9781509926503 • £108.00 / $149.75 Hart Publishing

Corporate Bankruptcy Law in China

Principles, Limitations and Options for Reform Natalie Mrockova, University of Oxford, UK Building on new data and interviews with those closest to the law and its perceived problems – judges, lawyers, government officials, entrepreneurs, bankers, consultants and academics in China and abroad – this book examines the problems that have precluded greater use of the Enterprise Bankruptcy Law in China, and failed attempts at reform. It explores the limited practical effectiveness of China’s insolvency law, why it has been so rarely used in practice (even considering the recent increase in the total volume of cases), whether it is desirable for the law to be used more readily in China, and possible reforms. UK July 2022 • US July 2022 • 384 pages PB 9781509945658 • £42.99 / $58.95 Previously published in HB 9781509932443 ePub 9781509932467 • £76.50 / $105.78 ePdf 9781509932450 • £76.50 / $105.78 Hart Publishing

The Law of Damages in International Sales

The CISG and Other International Instruments Djakhongir Saidov, King’s College London, UK This internationally acclaimed book explores damages for breach of an international sales contract, one of the most important and frequently invoked remedies. The focus is on international contract law instruments such as the Convention on Contracts for the International Sale of Goods, the UNIDROIT Principles of International Commercial Contracts and the Principles of European Contract Law. Both analytically rigorous and practically oriented, the second edition incorporates around 60 new cases, now covering more than 370 cases decided by courts and arbitration tribunals from around the world. It also includes new commentary on damages for a documentary breach. UK August 2022 • US August 2022 • 432 pages PB 9781509947133 • £44.99 / $60.95 Previously published in HB 9781509922741 ePub 9781509922758 • £81.00 / $112.65 ePdf 9781509922734 • £81.00 / $112.65 Hart Publishing

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 September 2022 • US September 2022 • 480 pages HB 9781509949090 • £110.00 / $150.00 ePub 9781509949106 • £99.00 / $137.39 ePdf 9781509949113 • £99.00 / $137.39 Hart Publishing

Contemporary Studies in Corporate Law Marc Moore, University College London, UK; Christopher Bruner, University of Georgia, USA

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 reformed – or are considering reforming – their corporate restructuring laws to promote regimes conducive to restructuring financially distressed companies. This important study explains how, notwithstanding the legal transplantation from the US and UK, 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 July 2022 • US July 2022 • 400 pages HB 9781509952335 • £95.00 / $130.00 ePub 9781509952342 • £85.50 / $118.15 ePdf 9781509952359 • £85.50 / $118.15 Series: Contemporary Studies in Corporate Law • Hart Publishing

Reconceptualising Corporate Compliance

L A W - H A R T – Banking & Financial Law / Company, Corporate & Commercial Law

Secured Transactions Law in Asia

Responsibility, Freedom and the Law

Anna Donovan, University College London, UK This book offers a comprehensive examination of the issues surrounding corporate compliance. The author provides a persuasive argument for the legitimate role of spirited compliance within a market economy. In doing so, she employs the lens of classical liberal ideology, challenging the widespread view that technical compliance is simply ‘capitalism.’ However, finding a normative foundation for spirited compliance only addresses one part of the problem. In an examination that has relevance beyond the compliance arena, the author also explores why and how corporate architecture contributes to the often atypical decisions that individuals make when acting within a corporate environment. UK August 2022 • US August 2022 • 272 pages PB 9781509946662 • £42.99 / $58.95 Previously published in HB 9781509918744 ePub 9781509918768 • £76.50 / $105.78 ePdf 9781509918751 • £76.50 / $105.78 Series: Contemporary Studies in Corporate Law • Hart Publishing • USA, Canada, Latin America • 888-330-8477 •


L A W - H A R T – Comparative Law / Competition Law / Constitutional & Administrative Law

The Foundations of Russian Law Edited by Marianna Muravyeva, University of Helsinki, Finland

Pablo Ibáñez Colomo

This accessible text explains how Russian law works in all its principal areas. It elucidates the main concepts and frameworks behind Russian law, and uses original legal sources and case law to explain how it operates in practice. The contributors, all of whom are leading experts on Russian law, employ original research to further knowledge of the Russian legal profession, legal culture, judiciary and court systems, providing a scholarly and practical account of Russian law for students and scholars alike. It is essential reading for anyone seeking a deeper understanding of the subject.

This innovative new textbook offers a unifying analytical framework cutting across cases and sectors for students of competition law. Material is clearly organised into two parts, the first of which explores the features of this ‘new’ EU competition law and proposes an analytical framework against which the evolution of the field can be assessed. The second part addresses some of the most salient recent cases, which would be examined as manifestations of the field. Thought-provoking, engaging and informative, this is required reading for all students of the subject.

UK August 2022 • US August 2022 • 464 pages HB 9781782256489 • £80.00 / $110.00 ePub 9781782256496 • £72.00 / $100.29 ePdf 9781782256502 • £72.00 / $100.29 Hart Publishing

UK September 2022 • US September 2022 • 325 pages PB 9781782259138 • £24.99 / $34.95 ePub 9781782259145 • £22.49 / $31.59 ePdf 9781782259152 • £22.49 / $31.59 Hart Publishing

Constitutional Foundings in South Asia

Edited by Kevin YL Tan, National University of Singapore & Ridwanul Hoque, University of Dhaka, Bangladesh This volume addresses the idea of origins, how things are formed, and how they relate to their present and future in terms of 'constitution-making' which is a continuous process in South Asian states. It examines the drafting, nature, core values, and roles of the first modern constitutions during the founding of the eight modern nation-states in South Asia: Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan, and Sri Lanka. UK July 2022 • US July 2022 • 240 pages PB 9781509944033 • £32.99 / $44.95 Previously published in HB 9781509930258 ePub 9781509930265 • £58.50 / $81.05 ePdf 9781509930272 • £58.50 / $81.05 Series: Constitutionalism in Asia • Hart Publishing

Puerto Rico’s Constitutional Paradox

Colonial Subordination, Democratic Tension, and Progressive Content Jorge M Farinacci-Fernós, Inter American University of Puerto Rico This book considers the 1952 Puerto Rico Constitution and looks at the history, framing process, substantive content, political structure, amendment mechanisms, and recent developments through 3 contradictory lenses: colonial subordination, democratic tensions, and progressive content. It explains how the People of Puerto Rico managed to adopt a constitution whose content and process were both original and colonialist, participatory and undemocratic, as well as progressive and anticlimactic. The result is a fascinating and rewarding constitutional journey. UK August 2022 • US August 2022 • 272 pages HB 9781509953462 • £85.00 / $115.00 ePub 9781509953479 • £76.50 / $105.78 ePdf 9781509953486 • £76.50 / $105.78 Series: Constitutionalism in Latin America and the Caribbean • Hart Publishing

Hart Studies in Constitutional Law 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 August 2022 • US August 2022 • 304 pages HB 9781509934096 • £65.00 / $90.00 ePub 9781509934102 • £58.50 / $81.05 ePdf 9781509934119 • £58.50 / $81.05 Series: Hart Studies in Constitutional Law • Hart Publishing


The New EU Competition Law

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 August 2022 • US August 2022 • 240 pages HB 9781509942329 • £85.00 / $115.00 ePub 9781509942336 • £76.50 / $105.78 ePdf 9781509942343 • £76.50 / $105.78 Series: Hart Studies in Constitutional Law • Hart Publishing • UK, Europe, ROW • +44 (0)1256 302692 •

The Legitimacy of Evolutive and Static Interpretation

Lisa Sonnleitner, Karl-Franzens University Graz, Austria This book presents a new argument for the legitimacy of evolutive interpretation in the ECHR. It constructs a model in which evolutive and static constitutional principles are balanced. It argues that there are 3 possible approaches in time-sensitive interpretations of the ECHR, but that only one of them is justifiable by reference to the constitutional principles of the ECHR in every single case. The ECHR’s constitutional principles either require an evolutive or static interpretation or they do not establish a preference relation at all, leading to a margin of appreciation of the member states in the interpretation of the Convention. UK March 2022 • US April 2022 • 224 pages HB 9781509946877 • £85.00 / $115.00 ePub 9781509946884 • £76.50 / $105.78 ePdf 9781509946891 • £76.50 / $105.78 Series: Hart Studies in Constitutional Theory • Hart Publishing

Constitutionalism 2030

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 August 2022 • US August 2022 • 304 pages HB 9781509942701 • £90.00 / $120.00 ePub 9781509942718 • £81.00 / $112.65 ePdf 9781509942725 • £81.00 / $112.65 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 September 2022 • US September 2022 • 144 pages HB 9781509940806 • £65.00 / $90.00 ePub 9781509940813 • £58.50 / $81.05 ePdf 9781509940820 • £58.50 / $81.05 Hart Publishing

Constitutional Semiotics

The Conceptual Foundations of a Constitutional Theory and Meta-Theory Martin Belov, University of Sofia (St Kliment Ohridski), Bulgaria This book offers an outline of the foundations of a theory of constitutional semiotics. It provides a systematic account of the concept of constitutional semiotics and its role in the representation and signification of meaning in constitution, constitutional law, and constitutionalism. The book analyses concepts such as: constitutional text and texture, authoritative constitutional narratives and authoritative constitutional narrators, constitutional semiotic community, constitutional utopia, constitutional taboo, normative ideology and normative ideas, constitutional myth and mythology, constitutional symbolism, constitutional code and constitutional geometric form. UK June 2022 • US June 2022 • 368 pages HB 9781509931408 • £85.00 / $115.00 ePub 9781509931415 • £76.50 / $105.78 ePdf 9781509931422 • £76.50 / $105.78 Hart Publishing

Executive Power

The Prerogative, Past, Present and Future Robert Hazell, University College London, UK & Timothy Foot, University College London, UK This book provides a clear and full analysis of the function of the royal prerogative in the changing landscape of the British constitution.

L A W - H A R T – Constitutional & Administrative Law

A Constitutionalist Approach to the European Convention on Human Rights

The concept of the prerogative is still a source of mystery to most observers. This book demystifies it, clarifying the respective roles of government, Parliament and the courts, looking at the powers that should be codified in statute and considering whether Parliament should have a stronger role. UK September 2022 • US September 2022 • 320 pages HB 9781509951444 • £85.00 / $115.00 ePub 9781509951451 • £76.50 / $105.78 ePdf 9781509951468 • £76.50 / $105.78 Hart Publishing

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 July 2022 • US July 2022 • 336 pages HB 9781509944118 • £85.00 / $115.00 ePub 9781509944125 • £76.50 / $105.78 ePdf 9781509944132 • £76.50 / $105.78 Hart Publishing • USA, Canada, Latin America • 888-330-8477 •


L A W - H A R T – Constitutional & Administrative Law

The Offences Against the State Act 1939 at 80 A Model Counter-Terrorism Act?

Edited by Mark Coen, University College Dublin, Ireland This collection brings together experts in legal history, criminal justice, human rights, and counterterrorism law to appraise Ireland’s Offences Against the State Act on the 80th anniversary of its enactment. The book engages with the 1939 Act’s scope and complexity, including consideration of its impact on issues as diverse as trial by jury, paramilitary organisations, organised crime, disclosure, the rules of evidence, freedom of expression and association, parliamentary oversight of legislation, and adherence to international human rights norms. It combines historical and contemporary insights with theoretical and practical perspectives that will enrich the reader’s understanding of emergency law. UK September 2022 • US September 2022 • 352 pages PB 9781509946761 • £34.99 / $47.95 Previously published in HB 9781509931996 ePub 9781509932009 • £63.00 / $87.92 ePdf 9781509932016 • £63.00 / $87.92 Series: Hart Studies in Security and Justice • Hart Publishing

Changing States, Changing Nations

Constitutional Reform and National Identity in the Late Twentieth Century Andrew McDonald, Civil Servant (Retired) This book presents the remarkable constitutional reforms undertaken by the Blair and Brown governments in the UK, which had the potential to change the way Britons understood the national identity of the UK. The book illuminates the ambitions of the key players in Whitehall and Westminster and is enriched through a study of comparable constitutional reforms in Canada and Australia: the Charter of Rights and Freedoms pioneered by Pierre Trudeau and the attempt by Paul Keating to make Australia a Republic. The Canadian and Australian chapters provide a useful device for understanding the changes in Britain. UK July 2022 • US July 2022 • 256 pages PB 9781509943494 • £32.99 / $44.95 Previously published in HB 9781509928729 ePub 9781509928736 • £58.50 / $81.05 ePdf 9781509928743 • £58.50 / $81.05 Hart Publishing

Indigenous Aspirations and Structural Reform in Australia

Harry Hobbs, University of Technology Sydney, Australia Can the Australian state be restructured to empower Aboriginal and Torres Strait Islander peoples and ensure that their distinct voices are heard in the processes of government? This book provides an answer to that question for Australia and guidance for states that claim jurisdiction and authority over the traditional lands of Indigenous peoples. By engaging with Indigenous peoples’ nuanced, complex aspirations, the book presents a viable model for structural reform. It does so by adopting an innovative approach: drawing on Indigenous scholarship globally it presents a coherent and compelling account of Indigenous peoples’ political aspirations through the concept of sovereignty. UK July 2022 • US July 2022 • 240 pages PB 9781509944040 • £32.99 / $44.95 Previously published in HB 9781509940141 ePub 9781509940158 • £58.50 / $81.05 ePdf 9781509940165 • £58.50 / $81.05 Hart Publishing


Executive-legislative (Im)balance in the European Union Edited by Diane Fromage, SciencesPo & Anna Herranz-Surrallés, Maastricht University

This book offers a (re-)assessment – from a multidisciplinary perspective - of the balance between executive and legislative powers at both national and European levels ten years after Lisbon. It asks whether parliaments were truly empowered, or whether this change was, in reality, much curtailed in the wake of the Eurocrisis and other recent challenges. It firstly examines the imbalance that exists between executive and legislative powers in a multilevel perspective. Secondly, it considers Member States, from an individual and comparative perspective. Finally, it explores the executivelegislative relations in those policy areas which are particularly sensitive to governments. UK August 2022 • US August 2022 • 360 pages PB 9781509944514 • £44.99 / $60.95 Previously published in HB 9781509930005 ePub 9781509930012 • £85.50 / $118.15 ePdf 9781509930029 • £85.50 / $118.15 Series: Parliamentary Democracy in Europe • Hart Publishing

Executive Decision-Making and the Courts

Revisiting the Origins of Modern Judicial Review Edited by TT Arvind, University of York, UK, Richard Kirkham, University of Sheffield, UK, Daithí Mac Síthigh, Queen’s University Belfast, UK & Lindsay Stirton, University of Sussex, UK In this book leading experts from across the common law world assess the impact of three seminal House of Lords’ judgments; Padfield v Minister of Agriculture; Conway v Rimmer; and Anisminic v Foreign Compensation Commission, all of which were decided in 1968. Together with Ridge v Baldwin decided five years earlier, this ‘Quartet’ has been widely taken to have marked a turning point in the development of court-centred administrative law, leading directly to the emergence of modern judicial review. UK August 2022 • US August 2022 • 576 pages PB 9781509944774 • £42.99 / $58.95 Previously published in HB 9781509930333 ePub 9781509930340 • £76.50 / $105.78 ePdf 9781509930357 • £76.50 / $105.78 Hart Publishing

The IT Revolution and its Impact on State, Constitutionalism and Public Law Edited by Martin Belov, University of Sofia (St Kliment Ohridski), Bulgaria

What is the future of constitutionalism, state and law in the new technological age? Leading European scholars of constitutional, administrative, financial and EU law answer questions such as: What are the challenges of information and technological revolution to sovereignty?; How will the IT revolution impact democracy and the public sphere?; What are the main challenges to courts and administrations in the algorithmic society?; What is the impact of artificial intelligence on administrative law and social and health services? Also what is the impact of the IT revolution on data protection, privacy and human rights? UK August 2022 • US August 2022 • 416 pages PB 9781509944675 • £37.99 / $51.95 Previously published in HB 9781509940875 ePub 9781509940882 • £67.50 / $93.42 ePdf 9781509940899 • £67.50 / $93.42 Hart Publishing • UK, Europe, ROW • +44 (0)1256 302692 •

Justifying Private Rights

Edited by Simone Degeling, University of New South Wales, Michael JR Crawford, University of New South Wales, Australia & Nicholas Tiverios, University of Western Australia Many of the most important contributions to private law scholarship in the latter part of the 20th century go beyond pure doctrinal/ functional accounts of private law. A distinctive feature of these contributions are that they sit between philosophical theory and legal doctrine, or the law as applied by courts. In that sense, they are both doctrinal and theoretical. This collection argues that these contributions deserve their own classification: namely New Private Law. Taking a two-part approach, it looks at the general nature of the New Private Law, then considers private rights in property, tort, contract, unjust enrichment and equity. UK August 2022 • US August 2022 • 296 pages PB 9781509944620 • £39.99 / $54.95 Previously published in HB 9781509931958 ePub 9781509931965 • £72.00 / $100.29 ePdf 9781509931972 • £72.00 / $100.29 Series: Hart Studies in Private Law • Hart Publishing

Vicarious Liability in the Common Law World

Edited by Paula Giliker, University of Bristol, UK Vicarious liability is one of the more controversial areas of tort law, and has been debated by the highest courts in the common law world. This comparative work, by exploring how the key common law jurisdictions treat the question of vicarious liability, provides an expertly drawn landscape of the subject and its key doctrines. Jurisdictions covered include, the United Kingdom, Australia and the United States. Its critical analysis will ensure it is essential reading for all scholars of tort law. Its engagement with the judicial approach, means that all practitioners in the field will find it compelling. UK September 2022 • US September 2022 • 256 pages HB 9781509939077 • £85.00 / $115.00 ePub 9781509939084 • £76.50 / $105.78 ePdf 9781509939091 • £76.50 / $105.78 Series: Hart Studies in Private Law • Hart Publishing

The Evolution from Strict Liability to Fault in the Law of Torts

The Constitution of Social Democracy Essays in Honour of Keith Ewing

Edited by Alan Bogg, University of Bristol, UK, Jacob Rowbottom, University of Oxford, UK & Alison L Young, University of Cambridge, UK This book is based upon the papers written by a group of leading international scholars on the 'constitution of social democracy', to celebrate Professor Keith Ewing's scholarly legacy in labour law, constitutional law, human rights and the law of democracy. The chapters explore the development of social democracy and democratic socialism in theory and political practice from a variety of perspectives. The contributors consider whether legal norms can and should contribute to the constitution of social democracy. It could not be more timely in addressing these fundamental constitutional questions at the intersection of law, democracy, and political economy. UK July 2022 • US July 2022 • 512 pages PB 9781509945375 • £49.99 / $67.95 Previously published in HB 9781509916573 ePub 9781509916580 • £108.00 / $149.75 ePdf 9781509916597 • £108.00 / $149.75 Hart Publishing

Controlling Immigration Through Criminal Law European and Comparative Perspectives on "Crimmigration"

Edited by Gian Luigi Gatta, University of Milan, Valsamis Mitsilegas, Queen Mary, University of London, UK & Stefano Zirulia, University of Milan This book provides a critical analysis of the current trends leading to the criminalisation of irregular migrants, asylum seekers and those who engage in “humanitarian smuggling” and the national and common policies calling for a broader use of criminal law measures and measures alike. It explores the measures used to protect borders and their impact in terms of effectivity and their ability to strike a fair balance between security and the protection of human rights. It draws on the perspective of lawyers and criminologists to give the broadest possible understanding of the issues at play. UK July 2022 • US July 2022 • 312 pages PB 9781509942756 • £41.99 / $57.95 Previously published in HB 9781509933921 ePub 9781509933938 • £76.50 / $105.78 ePdf 9781509933945 • £76.50 / $105.78 Series: Hart Studies in European Criminal Law • Hart Publishing

Anthony Gray, University of Southern Queensland

Watchers of tort law and its development can’t have failed to notice its drift from strict liability to fault. When and why did this occur? This is what this important book explores, as well as those unintended consequences of this evolution. Ambitious in scope, tracing both principles from their earliest iterations, it looks at the question from a broad common law perspective. The book is a significant contribution to a debate that has long occupied scholars of private law.

L A W - H A R T – Constitutional & Administrative Law / Contract, Tort & Restitution Law / Criminal Law

Hart Studies in Private Law

UK August 2022 • US August 2022 • 296 pages PB 9781509947126 • £41.99 / $57.95 Previously published in HB 9781509940998 ePub 9781509941001 • £76.50 / $105.78 ePdf 9781509941018 • £76.50 / $105.78 Series: Hart Studies in Private Law • Hart Publishing • USA, Canada, Latin America • 888-330-8477 •


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The 'Ancient Right's' Rationale Disentangled T Markus Funk, Perkins Coie, USA; University of Colorado, USA This book introduces a comprehensive value-centric approach to thinking about the defence’s deeper rationale. It tackles core issues including the State’s claimed monopoly on force, procedural justice and the need to shore up the justice system’s legitimacy and creditworthiness, everyone’s presumptive ‘right to life,’ and the importance of ensuring equal standing between citizens. The book addresses public perceptions of ‘just’ and ‘right’ outcomes, as well as the emphasis legal systems place on State power. UK July 2022 • US July 2022 • 264 pages PB 9781509945634 • £39.99 / $54.95 Previously published in HB 9781509934171 ePub 9781509934188 • £72.00 / $100.29 ePdf 9781509934195 • £72.00 / $100.29 Hart Publishing

An Environmental Court in Action Function, Doctrine and Process

Edited by Elizabeth C 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. UK June 2022 • US June 2022 • 400 pages HB 9781509941032 • £85.00 / $115.00 ePub 9781509941049 • £76.50 / $105.78 ePdf 9781509941056 • £76.50 / $105.78 Hart Publishing

The Emotional Brain and the Guilty Mind Novel Paradigms of Culpability and Punishment

Federica Coppola, Columbia University, USA This book reframes the normative narrative of the ‘culpable person’ in American criminal law through a more humanising lens. It embraces this reframed narrative to revise the criteria of the current voluntarist architecture of culpability and to advance a paradigm of punishment that positions social rehabilitation as its core principle. It argues that the potential adoption of models of culpability and punishment, which view people through a more comprehensive lens, may be a key factor for turning criminal justice into a less punitive, more inclusionary and non-stigmatising system. UK August 2022 • US August 2022 • 304 pages PB 9781509944569 • £32.99 / $44.95 Previously published in HB 9781509934294 ePub 9781509934300 • £58.50 / $81.05 ePdf 9781509934317 • £58.50 / $81.05 Hart Publishing

Environment Act 2021 Text, Guide and Analysis

Christopher Badger, 6 Pump Court, UK & Richard Macrory Hon QC, University College London, UK In this book, the full text of the Environment Act 2021 is reproduced, accompanied by commentary and a section-by-section analysis written by two of the UK's leading experts in environmental law. This comprehensive and practical guide to the new legislation will be of significant value to anyone involved in environmental law in both the private and public sector, in particular practitioners and those advising on the impact and ambit of environmental law. UK June 2022 • US July 2022 • 416 pages HB 9781509951024 • £120.00 / $160.00 ePub 9781509951031 • £108.00 / $149.75 ePdf 9781509951048 • £108.00 / $149.75 Hart Publishing

Global Energy Law and Policy Peter D Cameron, University of Dundee, UK; Pieter Bekker, University of Dundee, UK; Volker Roeben, Durham University, UK; Leonie Reins, Tilburg University, Netherlands; Crina Baltag, Stockholm University, Sweden

Governing the Extractive Sector Regulating the Foreign Conduct of International Mining Firms

Jeffrey Bone, Saint Joseph’s University, USA This book considers, and offers solutions to, the problems faced by local communities and the environment with respect to global mining. The book explores grievance mechanisms in the home states of the major mining conglomerates, arguing that they should be functional, pragmatic and effective at resolving disputes between mining enterprises and impacted communities. The key to this is harnessing the power of industry-sponsored dispute mechanisms to reduce the costs for home state governments and judicial systems. Critically, civil society actors will be both advocates and mediators, to achieve a fair result for those impacted abroad by extractive enterprises. UK August 2022 • US August 2022 • 288 pages PB 9781509944750 • £34.99 / $47.95 Previously published in HB 9781509941872 ePub 9781509941889 • £63.00 / $87.92 ePdf 9781509941896 • £63.00 / $87.92 Series: Global Energy Law and Policy • Hart Publishing

The Global Energy Transition

Law, Policy and Economics for Energy in the 21st Century Edited by Peter D Cameron, University of Dundee, UK, Xiaoyi Mu, University of Dundee, UK & Volker Roeben, Durham University, UK Combining insights from the disciplines of energy economics with law and political science, this ground-breaking collection brings together leading experts reflecting on key issues such as: the global governance of the energy valuechain; regulation, understood here as rule-making to further the universal public objective of transitioning to a novel energy system, and the role of private actors in the energy transition.

L A W - H A R T – Criminal Law / Criminology & Policing / Energy, Environmental & Natural Resources Law

Rethinking Self-Defence

UK July 2022 • US July 2022 • 272 pages PB 9781509943531 • £42.99 / $58.95 Previously published in HB 9781509932481 ePub 9781509932504 • £76.50 / $105.78 ePdf 9781509932498 • £76.50 / $105.78 Series: Global Energy Law and Policy • Hart Publishing • USA, Canada, Latin America • 888-330-8477 •


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Series Editors: Peter D Cameron, Pieter Bekker, Volker Roeben, Leonie Reins and Crina Baltag

A forum for innovative interdisciplinary works to enhance understanding of energy law and policy today



Sep 2021

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Dec 2020


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Feb 2021


Visit to explore the full series Hart Publishing, an imprint of Bloomsbury, turned 25 in 2021. We have evolved a lot since 1996 but our commitment to publishing good books for lawyers and providing an outstanding experience for our authors remains the same. @hartpublishing



Nov 2020


Pensions and Legal Policy

Lessons on the Shift from Public to Private Amanda Cooke, University of Edinburgh, UK This book explores the historical position of pensions law in the UK and the recent influences that have led to the introduction of Auto-Enrolment and subsequent reforms. Alternative models, such as the US and Australia, are also considered, as well as the function of law in bringing about political changes. The book explores behavioural economics, its global influence on understanding financial decision making and its application to legislation that seeks to influence consumer outcomes. Drawing on qualitative empirical research to analyse the implementation of Auto-Enrolment, this book highlights the social costs of the new regulatory regime. UK August 2022 • US August 2022 • 272 pages PB 9781509944729 • £34.99 / $47.95 Previously published in HB 9781509929375 ePub 9781509929399 • £63.00 / $87.92 ePdf 9781509929382 • £63.00 / $87.92 Hart Publishing

Judicial Authority in EU Internal Market Law Implications for the Balance of Competences and Powers

Vilija Velyvyte, University of Oxford, UK To what extent does and should the EU internal market law limit the regulatory autonomy of its Member States? This books answers the question by exploring case law regarded as sensitive from a national point of view and assessing the legitimacy of the principles underpinning the EU constitutional order. Four case studies: healthcare, education, collective labour law and gambling, show how this autonomy works in practice. The author shines a light on constitutional imbalances, and goes further to suggest interpretative solutions addressing these imbalances. An exciting new work which enhances our understanding of the limits on the internal market. UK November 2022 • US November 2022 • 208 pages HB 9781509938995 • £75.00 / $100.00 ePub 9781509939008 • £67.50 / $93.42 ePdf 9781509939015 • £67.50 / $93.42 Series: Modern Studies in European Law • Hart Publishing

The Fundamental Rights of Companies

EU, US and International Law Compared Peter J Oliver, Université Libre de Bruxelles, Monckton Chambers, UK This is the first comprehensive examination of the fundamental rights of companies under EU law and the ECHR. It also contains a detailed comparison with the case law of the US Supreme Court and a chapter devoted to international law. Case law covering all the principle substantive rights (eg speech, property, privacy, procedural rights in competition cases) is examined in great depth. The author contends that companies must enjoy some fundamental rights, but highlights the grave consequences of granting them excessive rights. On this pressing but overlooked issue, he proposes a middle course. UK August 2022 • US August 2022 • 208 pages HB 9781841136899 • £85.00 / $115.00 ePub 9781509901371 • £76.50 / $105.78 ePdf 9781509901364 • £76.50 / $105.78 Series: Modern Studies in European Law • Hart Publishing

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

L A W - H A R T – Equity & Trusts / European Law

Modern Studies in European Law

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 two 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 September 2022 • US September 2022 • 320 pages HB 9781509957040 • £85.00 / $115.00 ePub 9781509957057 • £76.50 / $105.78 ePdf 9781509957064 • £76.50 / $105.78 Series: Modern Studies in European Law • Hart Publishing • USA, Canada, Latin America • 888-330-8477 •


L A W - H A R T – European Law

Civil Courts and the European Polity The Constitutional Role of Private Law Adjudication in Europe

Edited by Chantal Mak, University of Amsterdam, the Netherlands & Betül Kas, Erasmus University Rotterdam, the Netherlands Public law has always been seen as the vehicle for driving polity building in Europe. But what role might private law play? This collection argues it plays a crucial one, as interactions in civil society are the bedrock of any shared identity. The book takes a 4 part approach; firstly it explores the theoretical questions at play before moving onto a discussion of judicial activity in European private law. Next it offers case studies to further support its position. In the final section practitioners articulate the role that European private law judges see for themselves in building common ground. UK September 2022 • US September 2022 • 256 pages HB 9781509941674 • £85.00 / $115.00 ePub 9781509941681 • £76.50 / $105.78 ePdf 9781509941698 • £76.50 / $105.78 Hart Publishing

Shaping EU Law the British Way UK Advocates General at the Court of Justice of the European Union Edited by Graham Butler, Aarhus University, Denmark & Adam Lazowski, University of Westminster, UK This title offers an in-depth analysis of the way in which the UK Advocates General contributed to development of EU law during 47 years of the UK’s membership of the EU in over forty cases at the Court of Justice. With the last UK Advocate General departing from the Court of Justice in September 2020, this forms an apt retrospective and critical analysis at the end of an important era. UK September 2022 • US September 2022 • 720 pages HB 9781509950003 • £150.00 / $200.00 ePub 9781509950010 • £135.00 / $186.85 ePdf 9781509950027 • £135.00 / $186.85 Hart Publishing

EU External Relations Law The Cases in Context

Edited by Graham Butler, Aarhus University, Denmark & Ramses A Wessel, University of Groningen, the Netherlands Marking the 50th anniversary of the influential ERTA doctrine, this book analyses and contextualises the entire breadth of the jurisprudence of EU external relations law through a systematic, case-by-case account of the field. The book features established academic scholars, judges, agents of institutions and Member States, and legal practitioners in the field of EU external relations law, analysing over 90 cases in which the Court has legally shaped the theory and practice of the external dimension of legal Europe. UK June 2022 • US June 2022 • 1216 pages HB 9781509939695 • £250.00 / $340.00 ePub 9781509939701 • £225.00 / $310.51 ePdf 9781509939718 • £225.00 / $310.51 Hart Publishing

The Treatment of Immigrants in the European Court of Human Rights Moving Beyond Criminalisation

Amanda Spalding, Canterbury Christ Church University, 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 July 2022 • US July 2022 • 272 pages HB 9781509947409 • £80.00 / $110.00 ePub 9781509947416 • £72.00 / $100.29 ePdf 9781509947423 • £72.00 / $100.29 Hart Publishing

EU Law in the Member States Jeremias Adams-Prassl, University of Oxford, UK; Michal Bobek

Free Movement of Persons in the Nordic States EU Law, EEA Law, and Regional Cooperation

Edited by Katarina Hyltén-Cavallius, Aarhus University, Denmark & Jaan Paju, Stockholm University, Sweden Lawyers from all five Nordic States (Denmark, Sweden, Finland, Norway, and Iceland) explore the tensions, gaps, and overlaps arising from the interplay of EU citizenship, EEA law, and the Nordic initiatives that aim to facilitate cross-border mobility of persons in the region. Firstly, it tracks the legal development of nationality law in Nordic states. Secondly, it sets out the social rights that follow from the three different regimes. In so doing, it asks whether the Nordic States, through their regional cooperation, are ‘going beyond’ EU free movement law, making naturalisation to a citizenship in a Nordic state particularly attractive? UK September 2022 • US September 2022 • 288 pages HB 9781509951840 • £85.00 / $115.00 ePub 9781509951857 • £76.50 / $105.78 ePdf 9781509951864 • £76.50 / $105.78 Series: EU Law in the Member States • Hart Publishing


EU Soft Law in the Member States Theoretical Findings and Empirical Evidence

Edited by Mariolina Eliantonio, Maastricht University, the Netherlands, Emilia Korkea-aho, University of Eastern Finland & Oana Stefan, Law at King’s College, London This volume analyses the impact that non-legally binding material (otherwise known as soft law) has on national courts and administration. The study is founded on empirical work undertaken by the European Network of Soft Law Research (SoLaR), across ten EU Member States, in competition policy, financial regulation, environmental protection and social policy. The book demonstrates that soft law is taken into consideration at the national level and it clarifies the extent to which soft law can have legal and practical effects for individuals and national authorities. UK September 2022 • US September 2022 • 392 pages PB 9781509946655 • £44.99 / $60.95 Previously published in HB 9781509932030 ePub 9781509932047 • £81.00 / $112.65 ePdf 9781509932054 • £81.00 / $112.65 Series: EU Law in the Member States • Hart Publishing • UK, Europe, ROW • +44 (0)1256 302692 •

Katalin Ligeti, University of Luxembourg, Luxembourg; Valsamis Mitsilegas, Queen Mary University of London, UK; Anne Weyembergh, Brussels Free University, Belgium

Corporations and the Privilege against Self-Incrimination Stijn Lamberigts, Eubelius, Belgium

This book asks whether the well-established privilege against self-incrimination applies to corporations, whether it should, and if so, to what extent. Those questions have an increasingly important EU criminal law dimension. To answer them, this study draws on comparative insights from Belgium, England and Wales, and the US; as well as case law of the ECtHR and EU Law. It covers the established CJEU case law in competition cases, the recent CJEU ruling in DB v Consob and addresses Directive (EU) 2016/343. It will appeal to scholars of EU criminal law, but also to white-collar and competition practitioners. UK September 2022 • US September 2022 • 368 pages HB 9781509953318 • £85.00 / $115.00 ePub 9781509953325 • £76.50 / $105.78 ePdf 9781509953332 • £76.50 / $105.78 Series: Hart Studies in European Criminal Law • Hart Publishing

The Principle of Mutual Trust in EU Criminal Law Auke Willems, University of Liverpool

This book develops a conceptual framework of the principle of mutual trust in EU criminal law. The book demonstrates that mutual trust is multifaceted: combining the elements essential to a successful EU criminal law, as part of the Area of Freedom, Security and Justice. The book approaches trust from multiple angles: a study of social science literature, a meticulous assessment of mutual trust in EU criminal law, a study of trust in US interstate criminal justice cooperation, finally identifying a comprehensive approach to tackle trust related difficulties in EU criminal law. UK August 2022 • US August 2022 • 352 pages PB 9781509944767 • £39.99 / $54.95 Previously published in HB 9781509924547 ePub 9781509924554 • £72.00 / $100.29 ePdf 9781509924561 • £72.00 / $100.29 Series: Hart Studies in European Criminal Law • Hart Publishing

Evidence, Respect, and Truth

Cassis de Dijon

Liat Levanon, King's College London, UK

Edited by Albertina Albors-Llorens, University of Cambridge, UK, Catherine Barnard, University of Cambridge, UK & Brigitte Leucht, University of Portsmouth, UK

Knowledge and Justice in Legal Trials Should statistical evidence be used as legal evidence? This book considers whether statistical evidence should be used as legal evidence. It looks at the relationship between evidence, randomness and justifying reasons. A distinction is drawn between evidence that can justify critical judgements and evidence that can only justify noncritical judgements. The book argues that evidence can justify critical judgement only if it can support all the propositions of the judgement, thus leaving none of the propositions random and considers how evidence can justify non-critical judgements even where it leaves some propositions random. UK September 2022 • US September 2022 • 208 pages HB 9781509942657 • £70.00 / $95.00 ePub 9781509942664 • £63.00 / $87.92 ePdf 9781509942671 • £63.00 / $87.92 Hart Publishing

L A W - H A R T – European Law / Evidence

Hart Studies in European Criminal Law

40 Years On

In 1979 the Court of Justice gave judgment on the famous decision in Cassis de Dijon. This book revisits this decision with the benefit of hindsight: why did the Court of Justice decide Cassis de Dijon as it did? How has the decision been developed by the EU? And how has it been used to develop international trade? This book brings together some leading writers in the field of EU trade law, constitutional law and European history for a fresh examination of this ground-breaking judgment, looking at it from the perspective of its past, its present, and its future. UK August 2022 • US August 2022 • 304 pages PB 9781509945795 • £41.99 / $57.95 Previously published in HB 9781509936632 ePub 9781509936649 • £76.50 / $105.78 ePdf 9781509936656 • £76.50 / $105.78 Hart Publishing • USA, Canada, Latin America • 888-330-8477 •


L A W - H A R T – Family Law / Gender & the Law / Human Rights Law

Legal Recognition of NonConjugal Families

New Frontiers in Family Law in the US, Canada and Europe Nausica Palazzo, Hebrew University of Jerusalem, Israel This book argues that insufficient recognition of new families is a legal problem that needs fixing in light of recent evolutions in family patterns and normative conceptions of ‘family’.

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.

Part I illustrates recent developments in family patterns and norms, while Part II focuses on courtroom litigation, analysing the argumentative strategies that non-conjugal families can mobilise to pursue legal recognition in Canada and the United States, and within the European Convention of Human Rights and the European Union.

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 August 2022 • US August 2022 • 248 pages PB 9781509947249 • £42.99 / $58.95 Previously published in HB 9781509939954 ePub 9781509939961 • £76.50 / $105.78 ePdf 9781509939978 • £76.50 / $105.78 Hart Publishing

UK September 2022 • US September 2022 • 336 pages HB 9781509929412 • £85.00 / $115.00 ePub 9781509929429 • £76.50 / $105.78 ePdf 9781509929436 • £76.50 / $105.78 Hart Publishing

Oñati International Series in Law and Society Rosemary Hunter, University of Kent, UK; David Nelken

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 August 2022 • US August 2022 • 336 pages HB 9781509950973 • £85.00 / $115.00 ePub 9781509950980 • £76.50 / $105.78 ePdf 9781509950997 • £76.50 / $105.78 Series: Oñati International Series in Law and Society • Hart Publishing

Gender and Careers in the Legal Academy Edited by Ulrike Schultz, FernUniversität in Hagen, Germany (Retired), Gisela Shaw, University of the West of England, UK, Margaret Thornton, Australian National University & Rosemary Auchmuty, University of Reading, UK Does the presence of women make a difference in the legal academy? This ground-breaking book explores this provocative question, uncovering fascinating accounts of the careers of academic pioneers and exploring broader theoretical issues relating to gender and culture. The result of a comparative study, it comprises contributions from an international network of scholars, who draw on a range of disciplines including law, sociology, history, political science, gender studies, anthropology, Asian and African Studies, and cultural studies. UK August 2022 • US August 2022 • 592 pages PB 9781509946648 • £59.99 / $79.95 Previously published in HB 9781509923113 ePub 9781509923120 • £108.00 / $149.75 ePdf 9781509923137 • £108.00 / $149.75 Series: Oñati International Series in Law and Society • Hart Publishing

Women’s Access to Transitional Justice in Timor-Leste

Equality in Kenya’s 2010 Constitution

Noemí Pérez Vásquez, UN Office of the High Commissioner for Human Rights (OHCHR), Switzerland

Victoria Miyandazi, University of Oxford, UK

The Blind Letters

This book delivers a panoramic assessment of access to transitional justice from a gender perspective. Dealing with conflict, justice and women, it also contains a post-colonial theoretical component. It provides a deep analysis of the situation in Timor-Leste. Empirical evidence drawn from interviews with female participants in its post-conflict reconciliations and reparations mechanisms, as well as from judges and prosecutors, gives a fascinating insight into precisely how justice was served. UK August 2022 • US August 2022 • 384 pages HB 9781509957637 • £85.00 / $115.00 ePub 9781509957644 • £76.50 / $105.78 ePdf 9781509957651 • £76.50 / $105.78 Hart Publishing World All Languages (except Portuguese/Spanish/Tetum)


Quiet Revolutionaries

Understanding the Competing and Interrelated Conceptions This book considers whether there is a coherent conception of equality in Kenya’s 2010 Constitution. It considers the way the United States, the United Kingdom, Canada, South Africa, India and Botswana have approached the conceptualisation, interpretation and application of various equality concepts. It focuses on: transformative constitutionalism in the interpretation of Kenya's 2010 Constitution; expanding the list of enumerated grounds for nondiscrimination; affirmative action; accommodating religious and cultural diversity versus gender equality; the interrelation between socio-economic rights and status-based equality. UK August 2022 • US August 2022 • 304 pages PB 9781509945290 • £29.99 / $40.95 Previously published in HB 9781509941193 ePub 9781509941209 • £54.00 / $75.56 ePdf 9781509941216 • £54.00 / $75.56 Hart Publishing • UK, Europe, ROW • +44 (0)1256 302692 •

Social Rights and the Constitutional Moment

Learning from Chile and International Experiences Edited by Koldo Casla, University of Essex, UK, Magdalena Sepúlveda, Global Initiative for Economic, Social and Cultural Rights, Mexico, Vicente Silva & Valentina Contreras, both of Global Initiative for Economic, Social and Cultural Rights, Chile This fascinating new study explores the opportunities to enhance environmental and social rights when drafting a new constitution. Looking in-depth at the lessons to be learnt from the Chilean experience, ahead of its referendum on is proposed new constitution, it offers both an academic and practitioner analysis of constitutional building. UK June 2022 • US June 2022 • 320 pages HB 9781509951895 • £85.00 / $115.00 ePub 9781509951901 • £76.50 / $105.78 ePdf 9781509951918 • £76.50 / $105.78 Series: Human Rights Law in Perspective • Hart Publishing

Faith in Courts

Human Rights Advocacy and the Transnational Regulation of Religion Lisa Harms, University of Münster, Germany The phenomenon of judicialisation in the field of freedom of religion is long recognised. But, to date, little has been written on how advocacy and strategic litigation has actively changed the field. This important books does just that. It shows how Jehovah’s Witnesses, Muslims, Sikhs, Evangelicals, Christian conservatives and Russian Orthodox actors have negotiated the right to freedom of religion at the ECtHR over the past 30 years. Drawing on in-depth interviews, case law analysis, and media representation, it is a powerful study of the impact of legal mobilisation on international and transnational law. UK October 2022 • US October 2022 • 304 pages HB 9781509945047 • £80.00 / $110.00 ePub 9781509945108 • £72.00 / $100.29 ePdf 9781509945115 • £72.00 / $100.29 Series: Hart Monographs in Transnational and International Law • Hart Publishing

Human Rights Commitments of Islamic States Sharia, Treaties and Consensus

Paul McDonough, European University Institute This book examines the legal nature of ’an’ Islamic state and the human rights it commits to uphold. It offers the first study into Islamic constitutions to map the relationship between Sharia and the state in terms of institutions. This also supports an assessment of the place of Sharia in the national legal order. The book unites three strands of analysis: the compatibility of Sharia with the rights enunciated in UN treaties; the patterns of adherence of Islamic states to human rights treaties; and the compatibility of international Islamic human rights declarations with UN standards. UK July 2022 • US July 2022 • 296 pages PB 9781509943104 • £36.99 / $49.95 Previously published in HB 9781509919703 ePub 9781509919710 • £67.50 / $93.42 ePdf 9781509919727 • £67.50 / $93.42 Series: Studies in International Law • Hart Publishing

Collective Trauma and the Armenian Genocide

Armenian, Turkish, and Azerbaijani Relations since 1839 Pamela Steiner, Harvard University This path-breaking study re-examines more than 100 years of destructive ethno-religious relations among Armenians, Turks, and Azerbaijanis through the novel lens of collective trauma. It takes a deep dive into history to analyse traumatic events, to examine how they motivated the actions of key players and to reveal how these traumas continue to manifest today. It goes on to a new approach to “conflict resolution” as a complement to other perspectives, such as power-based analyses and international human rights. UK July 2022 • US July 2022 • 368 pages PB 9781509943135 • £44.99 / $60.95 Previously published in HB 9781509934836 ePub 9781509934843 • £81.00 / $112.65 ePdf 9781509934850 • £81.00 / $112.65 Series: Human Rights Law in Perspective • Hart Publishing

L A W - H A R T – Human Rights Law

Human Rights Law in Perspective

Minority Recognition and the Diversity Deficit Comparative Perspectives

Edited by Jessika Eichler, Max Planck Institute, Germany & Kyriaki Topidi, European Centre for Minority Issues, Germany This book addresses how forms of minority recognition can be articulated in the law, institutions, and contemporary societal contexts. It explores minority rights through critical engagement with the law and its categorisations. Furthermore, it looks at collective recognition through distinct rights, including participation and free speech as well as the challenges within related conflicts of rights. It addresses intersectional forms of discrimination, revealing the complexities of societal exclusion. Looking at empirical findings in Europe and Latin America, the book draws theoretical conclusions and new frameworks of recognition. A fascinating study on a key question engaging human rights and discrimination law. UK November 2022 • US November 2022 • 352 pages HB 9781509953073 • £85.00 / $115.00 ePub 9781509953080 • £76.50 / $105.78 ePdf 9781509953097 • £76.50 / $105.78 Hart Publishing

Torture, Inhumanity and Degradation under Article 3 of the ECHR Absolute Rights and Absolute Wrongs

Natasa Mavronicola, University of Birmingham, UK This book theorises the idea of ‘absolute rights’ with a focus on Article 3 of the European Convention on Human Rights (ECHR). It unpacks what is an ‘absolute right’ is. It considers how the right not to be subjected to torture or inhuman or degrading treatment or punishment enshrined in Article 3 ECHR is, and ought, to be substantively delimited by the European Court of Human Rights (ECtHR). Focusing on the wrongs at issue, it looks at those at the core of the right and those that lie at its fringes. An exciting and important new perspective on art 3 ECHR. UK September 2022 • US September 2022 • 224 pages PB 9781509942428 • £36.99 / $49.95 Previously published in HB 9781509902996 ePub 9781509903061 • £67.50 / $93.42 ePdf 9781509903054 • £67.50 / $93.42 Hart Publishing • USA, Canada, Latin America • 888-330-8477 •


L A W - H A R T – Intellectual Property Law / International Criminal Law / International Investment Law / IT & Technology Law 16

Fragmentation and the European Patent System

Karen Walsh, University of Exeter, UK

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

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.

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 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.

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 July 2022 • US July 2022 • 256 pages HB 9781509939312 • £85.00 / $115.00 ePub 9781509939329 • £76.50 / $105.78 ePdf 9781509939336 • £76.50 / $105.78 Hart Publishing

UK June 2022 • US June 2022 • 448 pages HB 9781509944880 • £90.00 / $120.00 ePub 9781509944897 • £81.00 / $112.65 ePdf 9781509944903 • £81.00 / $112.65 Hart Publishing

EU Criminal Law

Valsamis Mitsilegas, Queen Mary, University of London, UK The book provides in-depth analysis of the key elements of the EU’s role in criminal matters. The new edition’s comprehensive coverage includes questions of EU competence; judicial co-operation; mutual recognition; rights of the defendant/ victim; European bodies and agencies and the development of surveillance, data gathering, and exchange mechanisms. In addition the external dimension in criminal matters (including transatlantic counter-terrorism cooperation) is given detailed treatment and the constitutional and fundamental rights implications are highlighted through-out. Covering all key principles, with clear explanation and rigorous analysis, it gives all students of the subject a strong understanding of this fascinating but complex field. UK May 2022 • US May 2022 • 832 pages HB 9781849464581 • £120.00 / $160.00 ePub 9781509904174 • £108.00 / $149.75 ePdf 9781509904167 • £108.00 / $149.75 Series: Modern Studies in European Law • Hart Publishing

International Investment Law An Analysis of the Major Decisions

Edited by Hélène Ruiz Fabri, Max Plank Institute Luxembourg for Procedural Law & 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 makes a topical contribution to the existing literature, showing 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 May 2022 • US May 2022 • 704 pages HB 9781509929047 • £140.00 / $190.00 ePub 9781509929061 • £126.00 / $174.48 ePdf 9781509929054 • £126.00 / $174.48 Series: Studies in International Trade and Investment Law • Hart Publishing

Regulating Fraud Across Borders

Internationalised Criminal Law Protection of Capital Markets Edgardo Rotman, University of Miami, USA This book traces the international convergence of financial crime regulation and examines key institutional and state actors; including the EU, the International Organization of Securities Commissions, the United States, the United Kingdom, Switzerland, France, Italy and Germany. It considers the phenomenon of internationalisation of securities frauds such as insider trading and market manipulation and the laws criminalising those crimes. It argues that the internationalisation of market abuse criminal prohibitions are an economic and legal imperative, indispensable for the protection of financial markets against activities that imperil its integrity, compromising the confidence of investors and that affect the whole economy. UK August 2022 • US August 2022 • 240 pages PB 9781509943234 • £39.99 / $54.95 Previously published in HB 9781509943197 ePub 9781509943203 • £72.00 / $100.29 ePdf 9781509943210 • £72.00 / $100.29 Hart Publishing World English

Commentary on the Data Governance Act

Edited by Louisa Specht-Riemenschneider, Friedrich-Wilhelms-Universität Bonn, Germany The Data Governance Act (DGA) allows for increased access to data. Specifically it harmonises the conditions for the re-use of public sector data which is subject to certain third-party rights, it establishes a framework for private data sharing services that allows users impart personal data, and it introduces a framework for data sharing for altruistic purposes. This commentary provides an expert guide to the Act, giving an authoritative and rigorous overview of its reach and scope. UK September 2022 • US October 2022 • 256 pages HB 9781509957118 • £170.00 / $230.00 Beck/Hart/Nomos World All Languages (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland) • UK, Europe, ROW • +44 (0)1256 302692 •

Edited by Edoardo Celeste, Dublin City University, Ireland, Amélie Heldt, Hans-BredowInstitut, Germany & Clara Iglesias Keller, WZB Berlin Social Science Centre, Germany This book explores to what extent constitutional principles are put under strain in the social media environment and brings together a multi-disciplinary group of experts from law, political science, and communication studies to examine the challenges of constitutionalising what today can be considered the modern public square. The book analyses the ways in which online platforms exercise a sovereign authority within their digital realms, and sheds light on the ambiguous relationship between social media platforms and state regulators. It is an essential guide to understanding how to preserve constitutional safeguards in the social media environment. UK June 2022 • US June 2022 • 352 pages HB 9781509953707 • £85.00 / $115.00 ePub 9781509953714 • £76.50 / $105.78 ePdf 9781509953721 • £76.50 / $105.78 Series: Hart Studies in Information Law and Regulation • Hart Publishing

Data Protection Beyond Borders Transatlantic Perspectives on Extraterritoriality and Sovereignty

Edited by Federico Fabbrini, Edoardo Celeste & John Quinn, all of Dublin City University, Ireland This book examines efforts by legal systems to impose their data protection standards beyond their borders and claims by states to assert sovereignty over data. It analyses key trends and prospects in the transatlantic context, including tensions and cooperation between the EU and the US in data protection law. The chapters explore legal and policy developments in the private and law enforcement sectors, including rulings by the Court of Justice of the EU dealing with Google and Facebook; the CLOUD Act and the e-evidence proposal; and ongoing efforts to strike a transatlantic deal in the field of data sharing. UK August 2022 • US August 2022 • 304 pages PB 9781509946778 • £37.99 / $51.95 Previously published in HB 9781509940660 ePub 9781509940684 • £67.50 / $93.42 ePdf 9781509940677 • £67.50 / $93.42 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 text 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 July 2022 • US July 2022 • 672 pages HB 9781509944415 • £120.00 / $160.00 ePub 9781509944422 • £108.00 / $149.75 ePdf 9781509944439 • £108.00 / $149.75 Hart Publishing

Data Protection and Privacy, Volume 13

Data Protection and Artificial Intelligence Edited by Dara Hallinan, FIZ Karlsruhe – Leibniz Institute for Information Infrastructure, Germany, Ronald Leenes, Tilburg University, the Netherlands & Paul De Hert, Vrije Universiteit Brussel, Belgium A new volume in the Computers, Privacy and Data Protection series collecting a selection of papers from the 13th CPDP Conference (2020). As a world-leading multidisciplinary conference, CPDP offers the cutting edge in legal, regulatory, academic and technological development in privacy and data protection. UK July 2022 • US July 2022 • 320 pages PB 9781509946228 • £24.99 / $34.95 Previously published in HB 9781509941759 ePub 9781509941773 • £45.00 / $63.19 ePdf 9781509941766 • £45.00 / $63.19 Series: Computers, Privacy and Data Protection • Hart Publishing

Your Boss Is an Algorithm

Artificial Intelligence, Platform Work and Labour Antonio Aloisi, IE University, Spain & Valerio De Stefano, University of Leuven, Belgium Robots, algorithms, and online platforms are changing the world of work. Using case studies and examples from the UK, EU, and US, this book provides a compass to navigate this transformation. Can flexibility and legal protection be reconciled to uphold innovation? How likely is it that the gig-economy model will emerge as a new organisational paradigm across sectors? How can we address the pervasive power of AI-enabled monitoring? What can social partners and political players do to adopt effective regulation? The book offers a guide to explore these new scenarios, their promises, and perils, and the regulatory options available.

L A W - H A R T – IT & Technology Law / Labour & Discrimination Law

Constitutionalising Social Media

UK July 2022 • US July 2022 • 240 pages PB 9781509953189 • £21.99 / $29.95 • HB 9781509953172 • £65.00 / $90.00 ePub 9781509953196 • £19.79 / $27.47 ePdf 9781509953202 • £19.79 / $27.47 Hart Publishing World English

A Pluralist Theory of Age Discrimination

Stuart Goosey, University of Leeds, UK This book provides a comprehensive theory of age discrimination that can guide the direct and indirect age discrimination provisions of the Equality Act 2010. It outlines and defends a pluralist theory of age discrimination that assists in making the distinction between justified and unjustified age-differential treatment. In constructing the theory, the book adopts the reflective equilibrium method. In applying this method, the book identifies the following five principles to form a pluralist theory of age discrimination: equality of opportunity, social equality, respect, autonomy and efficiency. UK August 2022 • US August 2022 • 216 pages PB 9781509944071 • £36.99 / $49.95 Previously published in HB 9781509933761 ePub 9781509933778 • £67.50 / $93.42 ePdf 9781509933785 • £67.50 / $93.42 Hart Publishing • USA, Canada, Latin America • 888-330-8477 •


L A W - H A R T – Law & Religion / Legal Biography / Legal Education/Profession / Law & Humanities / Legal Philosophy 18

Religious Offences in Common Law Asia

Colonial Legacies, Constitutional Rights and Contemporary Practice Edited by Li-ann Thio, National University of Singapore & Jaclyn L Neo, National University of Singapore This book provides in-depth comparative analysis of how religious penal clauses have been developed and employed within Asian common law states, and the impact of such developments on constitutional rights. It examines the theoretical and conceptual underpinnings of religious offences and interrogates the nature and impact of religious penal clauses within the region. Providing rigorous studies of common law jurisdictions that have adopted similar provisions in their penal codes, the contributors provide an original examination and analysis of the use and development of these religious offence clauses in their respective jurisdictions.


A Life Within and Without the Law Michael Beloff QC, Blackstone Chambers Michael Beloff QC is one of the outstanding lawyers of his generation. In this insightful and intimate book, he brings the reader on a journey through a career of highlights. These include his election as head of the Bar Associations (administrative law and sports law) and his presidency of Trinity College, Oxford. His judicial roles included appointments at the Courts of Appeal of Jersey and Guernsey. He arbitrated at five summer Olympics and chaired the ethics and disciplinary bodes in two major international sports, cricket and athletics. Such a stellar career can’t help but result in a fascinating memoir. UK April 2022 • US April 2022 • 480 pages HB 9781849466660 • £29.99 / $40.95 ePub 9781509961412 • £26.99 / $37.08 ePdf 9781509961405 • £26.99 / $37.08 Hart Publishing

UK August 2022 • US August 2022 • 480 pages PB 9781509946037 • £37.99 / $51.95 Previously published in HB 9781509937295 ePub 9781509937301 • £67.50 / $93.42 ePdf 9781509937318 • £67.50 / $93.42 Series: Constitutionalism in Asia • Hart Publishing

Lawyers and the Rule of Law Habitual Ethics?

Sylvie Delacroix, University of Birmingham, UK This 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. The book 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 not only conditions an adequate understanding of the risks inherent in a legal system’s institutional structure; it is also essential if we are to come to grips with the challenges raised by the profession's growing reliance upon automated systems. UK July 2022 • US July 2022 • 208 pages HB 9781509920419 • £85.00 / $115.00 ePub 9781509920426 • £76.50 / $105.78 ePdf 9781509920433 • £76.50 / $105.78 Hart Publishing

Art as an Interface of Law and Justice Affirmation, Disturbance, Disruption

Frans-Willem Korsten, Leiden University, the Netherlands This book looks at how the ‘call for justice’ is portrayed through art and presents texts from film to theatre to essays and novels to interrogate the law. It considers original works of art not dealt with before, including Milo Rau’s The Congo Tribunal, Elfriede Jelinek’s Ulrike Maria Stuart, Valeria Luiselli’s Tell Me How It Ends and George Eliot’s Daniel Deronda. The book demonstrates how through art’s interface, impasses are addressed, new laws are made imaginable, the span of systems of laws is explored, and the differences in what people consider to be just are brought to light. UK August 2022 • US August 2022 • 272 pages PB 9781509944385 • £34.99 / $47.95 Previously published in HB 9781509944347 ePub 9781509944354 • £63.00 / $87.92 ePdf 9781509944361 • £63.00 / $87.92 Hart Publishing

Andrew Boon, City, University of London, UK This book examines lawyers' historical and contemporary relationship to the rule of law. It does so by identifying a range of rule of law issues confronting society; by illustrating how lawyers interact with them; by examining how legal independent professions support are key to rule of law; and finally by exploring arguments that satisfactory support for the rule of law is available by other means. It considers lawyers' contribution to the growth of constitutionalism, the formulation of roles and identities, the formation of values, and the challenges faced by lawyers and the rule of law in the past 50 years. UK September 2022 • US September 2022 • 480 pages HB 9781509925216 • £90.00 / $120.00 ePub 9781509925223 • £81.00 / $112.65 ePdf 9781509925230 • £81.00 / $112.65 Hart Publishing

Agency, Morality and Law

Joshua Jowitt, Newcastle University, UK This book demonstrates that the normative force of law has a necessary connection to morality in 2 ways. Firstly, a commitment to the concept of moral truths is required; secondly, these moral truths must be identifiable through human reason. The book argues that these conditions are met by Alan Gewirth’s Principle of Generic Consistency, which locates the existence of universally applicable moral norms through a dialectically necessary argument grounded in the truism of noumenal agency. It demonstrates that a universalised instrumental reason serves as an imperative to bind agents to its absolute and exclusionary requirements against potentially non-compliant behaviour. UK September 2022 • US September 2022 • 224 pages HB 9781509947683 • £70.00 / $95.00 ePub 9781509947690 • £63.00 / $87.92 ePdf 9781509947706 • £63.00 / $87.92 Series: European Academy of Legal Theory Series • Hart Publishing • UK, Europe, ROW • +44 (0)1256 302692 •

Modern Jurisprudence

George Pavlakos, University of Glasgow, UK

A Philosophical Guide

Sean Coyle, University of Birmingham, UK This textbook presents a clear exploration of the historical developments and ideas that give modern thinking its distinctive shape. It guides students through the rival standpoints on jurisprudence from the origins of Western jurisprudential thought and the classical tradition to the emergence of ‘modern’ political thought. Chapters on Hart, Fuller, Rawls, Dworkin and Finnis lead the reader systematically through the terrain of modern legal philosophy, tracing the issues back to fundamental questions of philosophy, and indicating lines of criticism that result in a fresh perspective on the subject. UK June 2022 • US June 2022 • 400 pages PB 9781509948901 • £29.99 / $40.95 • HB 9781509950058 • £70.00 / $95.00 ePub 9781509948918 • £26.99 / $37.08 ePdf 9781509948925 • £26.99 / $37.08 Hart Publishing

The EU Audiovisual Media Services Directive

Comparative Commentary on the AVMSD and National Implementation Edited by Mark D Cole, University of Luxembourg & Jenny Metzdorf, University of Luxembourg This commentary sets out, article-by-article, the original provisions contained in the Audiovisual Media Services Directive before analysing domestic transpositions. National measures are grouped in order to reveal similarities and differences and examined for compliance with the Directive. This comparative perspective contributes to the discussions on reforms of the Directive or the EU’s approach to new media services. UK May 2022 • US June 2022 • 1008 pages HB 9781849467858 • £200.00 / $270.00 Beck/Hart World English (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland)

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, ‘fake news’, ‘deep fakes’, ‘weaponised speech’ and ‘trolls’. These assorted downsides of democratised speech are said to undermine the integrity of democratic processes and institutions. How ought the liberal democratic state respond to these challenges? UK August 2022 • US August 2022 • 288 pages HB 9781509945825 • £85.00 / $115.00 ePub 9781509945832 • £76.50 / $105.78 ePdf 9781509945849 • £76.50 / $105.78 Hart Publishing

Law's Moral Indifference

Andreas Takis, Aristotelian University of Thessaloniki, Greece This book traces the developments that established legal positivism as an almost insurmountable horizon in legal theory. It shows that modern positivism's enduring success is due to the gradual abandonment of its core position on law's moral indifference, which, paradoxically, renders it less and less positivistic. UK September 2022 • US September 2022 • 264 pages HB 9781849460149 • £60.00 / $80.00 ePub 9781782252337 • £54.00 / $75.56 ePdf 9781849469463 • £54.00 / $75.56 Series: Law and Practical Reason • Hart Publishing

Rightful Relations with Distant Strangers Kant, the EU, and the Wider World

Aravind Ganesh, Maastricht University, the Netherlands

L A W - H A R T – Legal Philosophy / Media Law

Law and Practical Reason

This book provides a philosophical critique of legal relations between the EU and ‘distant strangers’ neither located within, nor citizens of, its Member States. It considers EU and international legal materials in the light of a theory of just global legal relations derived from Kant’s Philosophy of Right. The book looks at areas of EU law (EU external relations law, standing to bring judicial review), public international law (jurisdiction, global public goods), and human rights (‘human rights jurisdiction’), and also critiques the widespread identification of the EU as a Kantian federation of peace. UK September 2022 • US September 2022 • 352 pages PB 9781509946754 • £34.99 / $47.95 Previously published in HB 9781509941315 ePub 9781509941322 • £63.00 / $87.92 ePdf 9781509941339 • £63.00 / $87.92 Series: Law and Practical Reason • Hart Publishing

Law's Humility

Enlarging the Scope of Jurisprudential Disagreement Triantafyllos Gkouvas, University of Glasgow, UK This book invites newcomers to analytical legal philosophy to reconsider the terms they use to describe and defend their jurisprudential allegiances. It argues that familiar labels such as legal positivism, natural law theory and legal interpretivism are poor guides to the actual diversity of views on the nature and normativity of law, because they fail to carve up the reality of jurisprudential disagreement at its joints. These joints are elusive because the semantics of law systematically misplaces them. Their true nature resides in the metaontological and metanormative features that dictate or indicate the target of a theory’s jurisprudential commitments. UK August 2022 • US August 2022 • 304 pages PB 9781509945191 • £29.99 / $40.95 Previously published in HB 9781509936502 ePub 9781509936519 • £54.00 / $75.56 ePdf 9781509936526 • £54.00 / $75.56 Series: Law and Practical Reason • Hart Publishing • USA, Canada, Latin America • 888-330-8477 •


L A W - H A R T – Medical Law & Ethics / Private International Law / Property Law

Hart Studies in Law and Health Tamara Hervey, City, University of London, UK; Thérèse Murphy, University of Nottingham, UK

Healthcare, Quality Concerns and Competition Law

Compulsory Mental Health Interventions and the CRPD

Theodosia Stavroulaki, New York University School of Law, USA

Anna Nilsson, Lund University

A Systematic Approach

Opponents of market driven healthcare argue that a competition approach to medical treatment negatively impacts quality, while advocates point to increased efficiencies. This book casts a critical eye over both positions, unveiling areas where healthcare provision and the pursuit of quality clash. It shows how competition authorities can only assess competition concerns when asking the question of how healthcare quality should be defined and factored into their decisions. Drawing on UK, US and EU examples, it explores antitrust and merger cases in hospital, medical, and health insurance markets to depict the reality and challenges of regulating competition in healthcare provision. UK October 2022 • US October 2022 • 272 pages HB 9781509943340 • £75.00 / $100.00 ePub 9781509943357 • £67.50 / $93.42 ePdf 9781509943364 • £67.50 / $93.42 Series: Hart Studies in Law and Health • Hart Publishing

The Structural Transformation of European Private Law A Critique of Juridical Hermeneutic Leone Niglia, University of Exeter, UK This book offers a ground-breaking read, both comparative and historical, of the structure and transformation of private law in continental Europe. It reconstructs a hermeneutical praxis that is (it is argued) at the core of private law: the balancing of conflicting interests and normative considerations in 3 key arguments: 'balancing' in private law is not merely an analytical process but instead a form of legal argument; in order to truly understand private law, a bottom-up historical analysis must be adopted and 'balancing' has always been a comparative process within civil law systems and across the civil-common law divide. UK June 2022 • US June 2022 • 224 pages HB 9781509925254 • £85.00 / $115.00 ePub 9781509925261 • £76.50 / $105.78 ePdf 9781509925278 • £76.50 / $105.78 Series: Modern Studies in European Law • Hart Publishing

Minding Equality

This book delineates the scope of permissible compulsory mental health interventions under the Convention on the Rights of Persons with Disabilities (CRPD). Drawing on the work of Robert Alexy, it develops a framework for proportionality assessments within the context of non-discrimination. The framework can assist decision-makers to design principled and evidence-based mental health care regimes. This book thus provides a new way forward for states parties looking to reform their mental health care regimes to make them better comply with the CRPD. It will appeal to academics and practitioners engaged in mental health reform in the post-CRPD era. UK August 2022 • US August 2022 • 200 pages PB 9781509944576 • £36.99 / $49.95 Previously published in HB 9781509931576 ePub 9781509931583 • £67.50 / $93.42 ePdf 9781509931590 • £67.50 / $93.42 Series: Hart Studies in Law and Health • Hart Publishing


Covenants and Consents Letitia Crabb, University of Reading, UK, Jonathan Seitler QC, Wilberforce Chambers, UK & Miriam Seitler, Landmark Chambers, UK In this new edition of Leases, the authors explore the key disputes arising between landlord and tenant, from the perspective of both, in a detailed yet practical way. Fully updating the field since the last edition, the book looks at case law developments including: Braganza, No. 1 West India Quay and Sequent Nominees Ltd. In addition to case law developments, it looks at statutory changes, including the treatment of consents under telecommunications law. Retaining its hallmark authority and clarity, this will be required reading for all landlord and tenant lawyers. UK September 2022 • US November 2022 • 304 pages HB 9781509937240 • £150.00 / $200.00 ePub 9781509937233 • £135.00 / $186.85 ePdf 9781509937226 • £135.00 / $186.85 Hart Publishing

The Human Right to Property A Practical Approach to Article 1 of Protocol No.1 to the ECHR

Douglas Maxwell, Bar of England and Wales This book provides a highly detailed, practical analysis of Article 1 of Protocol No.1 of the European Convention on Human Rights and its implications for domestic law in the United Kingdom. Exploring the theoretical and political foundations of Article 1, the book guides the reader through the relevant case law from the earliest developments in Strasbourg to the present day. Through lively commentary on the latest advances made by the European Court of Human Rights and domestic courts, the book enriches the current understanding of the peaceful enjoyment of property since the enactment of the Human Rights Act 1998. UK June 2022 • US August 2022 • 512 pages HB 9781509961108 • £170.00 / $230.00 ePub 9781509961115 • £153.00 / $211.58 ePdf 9781509961122 • £153.00 / $211.58 Hart Publishing

20 • UK, Europe, ROW • +44 (0)1256 302692 •

The Settlement of International Disputes Basic Documents

Edited by Christian J Tams, University of Glasgow & Antonios Tzanakopoulos, University of Oxford This book curates, edits and categorises the key primary sources in international dispute settlement. It is the only single source covering multilateral treaties; special agreements; compromissory clauses and resolutions of international organisations. The second edition covers the key case law developments in this rapidly changing field, as well as bilateral/multilateral treaties. Documents from the first edition are up to date, including new practice directions of the ICJ, the Climate Change (Paris Agreement) and the revised UNCITRAL rules. New documents introduced include the 1992 Agenda for Peace and GA Res 57/26. UK August 2022 • US August 2022 • 1024 pages PB 9781509942213 • £69.99 / $94.95 ePub 9781509942220 • £62.99 / $86.55 ePdf 9781509942237 • £62.99 / $86.55 Series: Documents in International Law • Hart Publishing

Judicial Decisions in International Law Argumentation

Between Entrapment and Creativity Letizia Lo Giacco, Leiden University, the Netherlands How do the decisions of courts, when adjudicating statutory rules, contribute to the transformation of international law? This book explores this question, looking specifically at the issues of international criminal law. It shows how courts take both a creative and constraining approach, allowing themselves to be guided by precedent but departing from it by argumentation if required. The author tracks how courts have decided cases in four key fields: protected groups in the definition of genocide; armed conflict in the definition of war crimes and serious violations of the laws and customs of war; command responsibility; and the question of the ‘unlawful combatant. Cases are drawn from courts including the International Military Tribunal in Nuremberg (IMT), the ICTY, the ICTR, and the ICC. UK August 2022 • US August 2022 • 272 pages HB 9781509948949 • £85.00 / $115.00 ePub 9781509948956 • £76.50 / $105.78 ePdf 9781509948963 • £76.50 / $105.78 Series: Studies in International Law • Hart Publishing

General Principles as a Source of International Law Art 38(1)(c) of the Statute of the International Court of Justice

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. This innovative study will be relevant to scholars, practitioners of public international law, and civil servants. UK September 2022 • US September 2022 • 320 pages HB 9781509951109 • £85.00 / $115.00 ePub 9781509951116 • £76.50 / $105.78 ePdf 9781509951123 • £76.50 / $105.78 Series: Studies in International Law • Hart Publishing

The Law, Politics and Theory of Treaty Withdrawal Frederick Cowell, Birkbeck College, UK

This book explores how the law of treaty withdrawal operates. In particular, it focuses on withdrawal clauses within multilateral treaties. It situates these clauses within the wider context of the international rule of law. It goes on to show that for such withdrawal clauses to work, States have to behave as rational actors, averse to damaging their reputation and be willing to accept the existence of a wider rule-bound framework. Using insights from international relations and critical legal theory this book unpacks how and why the law of withdrawal operates and the forces that threaten its operation in the future. UK September 2022 • US September 2022 • 192 pages HB 9781509938568 • £65.00 / $90.00 ePub 9781509938575 • £58.50 / $81.05 ePdf 9781509938582 • £58.50 / $81.05 Series: Studies in International Law • Hart Publishing

Intervention in Civil Wars

Effectiveness, Legitimacy, and Human Rights Chiara Redaelli, Geneva Academy of International Humanitarian Law and Human Rights.

This book provides a comprehensive analysis of Article 38(1)(c) of the Statute of the International Court of Justice. The article is variously lauded and criticised. The contrasting views and treatments of General Principles stem from a lack of a model of the source itself. This book provides that model, offering a new and rigorous understanding of Article 38(1)(c).

This book investigates the extent to which traditional international law regulating foreign interventions in internal conflicts has been affected by the human rights paradigm. Since the adoption of the Charter of the United Nations, foreign armed interventions in internal conflicts have turned into a common practice. At first sight, it might seem that state practice has developed in a chaotic fashion, however on closer examination, specific patterns emerge. The book charts these patterns by examining the traditional doctrines of intervention and testing them against state practise.

UK August 2022 • US August 2022 • 304 pages PB 9781509946624 • £42.99 / $58.95 Previously published in HB 9781509936069 ePub 9781509936076 • £76.50 / $105.78 ePdf 9781509936083 • £76.50 / $105.78 Series: Studies in International Law • Hart Publishing

UK August 2022 • US August 2022 • 344 pages PB 9781509947058 • £41.99 / $57.95 Previously published in HB 9781509940547 ePub 9781509940554 • £76.50 / $105.78 ePdf 9781509940561 • £76.50 / $105.78 Series: Studies in International Law • Hart Publishing

Imogen Saunders, Australian National University, Canberra

L A W - H A R T – Public International Law

Studies in International Law • USA, Canada, Latin America • 888-330-8477 •


L A W - H A R T – Public International Law / Socio-Legal Studies / Tax Law 22

Islands and International Law Donald R Rothwell, Australian National University, Canberra

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 July 2022 • US July 2022 • 336 pages HB 9781509955428 • £85.00 / $115.00 ePub 9781509955435 • £76.50 / $105.78 ePdf 9781509955442 • £76.50 / $105.78 Hart Publishing

Tiley’s Revenue Law

Glen Loutzenhiser, University of Oxford, UK This classic textbook covers the UK tax system, income tax, capital gains tax, inheritance tax and corporation tax. A valuable resource for both students and professionals, this edition is updated with the latest case law, statutory and other developments, including the Finance Act 2021. The companion website provides annual updates to the print edition, questions to support students’ learning and bonus chapters on investment intermediaries, pensions, charities, value added tax and stamp duties. UK May 2022 • US June 2022 • 1456 pages PB 9781509959433 • £74.99 / $100.00 ePub 9781509959457 • £67.49 / $93.42 ePdf 9781509959464 • £67.49 / $93.42 Hart Publishing

Invisible Institutionalisms

Collective Reflections on the Shadows of Legal Globalisation Edited by Swethaa S Ballakrishnen, University of California Irvine, USA & Sara Dezalay, Cardiff University, UK This edited collection asks: what can we see when we shift the lens beyond a North-South binary? Based on empirical studies of “frontier-zones” of legal globalisation in India, Pakistan and Latin America, it adopts an original format. Framed as a relational dialogue between newer as well as more prominent scholars within the field, from various cores through to postcolonial academic peripheries, it questions structural variables in the shadows of legal globalisation and how we as scholars build a space for critique. UK August 2022 • US August 2022 • 240 pages PB 9781509943128 • £32.99 / $44.95 Previously published in HB 9781509930210 ePub 9781509930227 • £58.50 / $81.05 ePdf 9781509930234 • £58.50 / $81.05 Hart Publishing

Countering Tax Crime in the European Union

Benchmarking the OECD’s Ten Global Principles Umut Turksen, Coventry University, UK This book seeks durable solutions for tax crime, blending current practice with new approaches. With insights from the EU-funded project PROTAX, the book compares the EU’s tax crime measures and the Ten Global Principles (TGPs) on fighting tax crime set out by the Organisation for Economic Cooperation and Development. The book examines how the TGPs can serve as minimum standards for the EU to counter tax crime such as tax evasion and tax fraud. It also explores how the anti-tax avoidance package can be graduated to effectively fight tax crime in the EU. UK September 2022 • US September 2022 • 336 pages PB 9781509946150 • £42.99 / $58.95 Previously published in HB 9781509937950 ePub 9781509937974 • £76.50 / $105.78 ePdf 9781509937967 • £76.50 / $105.78 Hart Publishing • UK, Europe, ROW • +44 (0)1256 302692 •

Help students build the skills for success in their studies and beyond with their own personalised learning pathway. Skills for Study offers an interactive and personalised solution to help students strengthen their academic skills and develop the skills required by employers. Based on the work of bestselling study skills author Stella Cottrell, the resource comprises 12 modules, which guide students through interactive activities, exercises and videos to help them hone their skills in crucial areas, from writing, critical thinking and time management, to research, personal development and employability.

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The ultimate resource for referencing and avoiding plagiarism! Cite Them Right Online comprises a 1-hour interactive eLearning tutorial which covers the importance of referencing, how to write citations and build references. It also offers the opportunity to test knowledge and confirm understanding in the practice of referencing.

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