Книги издательства Oxford University Press
Название: Law and the Brain
Жанр: Oxford University Press
Год: 2006
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- Considers the societal and political implications of our new found knowledge from the neurosciences — Applies the most recent developments in brain science to debates over criminal responsibility, cooperation and punishment, deception, moral and legal judgment, property, evolutionary psychology, law and economics, and decision-making by judges and juries — Written and edited by leading specialists spanning neurobiology and the law The past 20 years have seen unparalleled advances in neurobiology, with findings from neuroscience being used to shed light on a range of human activities — many historically the province of those in the humanities and social sciences — aesthetics, emotion, consciousness, music. Applying this new knowledge to law seems a natural development — the making, considering, and enforcing of law of course rests on mental processes. However, where some of those activities can be studied with a certain amount of academic detachment, what we discover about the brain has considerable implications for how we consider and judge those who follow or indeed flout the law — with inevitable social and political consequences. There are real issues that the legal system will face as neurobiological studies continue to relentlessly probe the human mind — the motives for our actions, our decision making processes, and such issues as free will and responsibility. This volume represents a first serious attempt to address questions of law as reflecting brain activity, emphasizing that it is the organization and functioning of the brain that determines how we enact and obey laws. It applies the most recent developments in brain science to debates over criminal responsibility, cooperation and punishment, deception, moral and legal judgment, property, evolutionary psychology, law and economics, and decision-making by judges and juries. Written and edited by leading specialists from a range of disciplines, the book presents a groundbreaking and challenging new look at human behaviour.
Название: Law and Psychology
Жанр: Oxford University Press
Год: 2006
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- The latest volume in the established Current Legal Issues series, which brings together leading scholars from around the world to explore the interactions between legal thought and other disciplines — A wide range of articles offers a broad overview of how psychology can, and should, be used in legal theory and practice Current Legal Issues , like its sister volume Current Legal Problems , is based upon an annual colloquium held at University College London. Each year, leading scholars from around the world gather to discuss the relationship between law and another discipline of thought. Each colloqium examines how the external discipline is conceived in legal thought and argument, how the law is pictured in that discipline, and analyses points of controversy in the use, and abuse, of extra-legal arguments within legal theory and practice. Law and Psychology , the latest volume in the Current Legal Issues series, contains a broad range of essays by scholars interested in the interactions between law and psychology. The volume includes studies of jury trials in terrorism cases, psychological evidence in family law cases, child witness testimony and the role of psychology in punishment theory.
Название: Law and Sociology
Жанр: Oxford University Press
Год: 2006
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- Explores the diverse ways that law and sociology interconnect and interact — The Current Legal Issues series explores the interactions of law across disciplinary boundaries Law and Sociology contains a broad range of essays by scholars interested in the interactions between law and sociology. In common with earlier volumes in the Current Legal Issues series, it seeks both a theoretical and methodological focus. The volume includes amongst other topics, a sociology of jurisprudence, an examination of the social dynamics of regulatory interactions, and a consideration of the place of legal culture in the sociology of law.
Название: Law in Modern Society
Жанр: Oxford University Press
Год: 2006
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- Provides a succinct analysis of the main issues that arise in the relationship between law and society, thereby encouraging students to fully consider the role, and influence, of the legal system — Explores how the law effects modern society with reference, and critical analysis of, the works of key legal and social theorists — An authoritative and original introduction to the study of law and society, written by a highly respected and leading academic in the field Providing an introduction to law in modern society, D. J. Galligan considers how legal theory, and particularly H. L. A Hart's The Concept of Law , has developed the idea of law as a highly developed social system, which has a distinctive character and structure, and which shapes and influences people's behaviour. The concept of law as a distinct social phenomenon is examined through reference to, and analysis of, the work of prominent legal and social theorists, in particular M. Weber, E. Durkheim, and N. Luhmann. Galligan's approach is guided by two main ideas: that the law is a social formation with its own character and features, and that at the same time it interacts with, and is affected by, other aspects of society. In analysing these two ideas, Galligan develops a general framework for law and society within which he considers various aspects including: the nature of social rules and the concept of law as a system of rules; whether law has particular social functions and how legal orders run in parallel; the place of coercion; the characteristic form of modern law and the social conditions that support it; implementation and compliance; and what happens when laws are used to change society. Law in Modern Society encourages legal scholars to consider the law as an expression of social relations, examining the connections and tensions between the positive law of modern society and the spontaneous relations they often try to direct or change.
Название: Law in Modern Society
Жанр: Oxford University Press
Год: 2006
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- Provides a succinct analysis of the main issues that arise in the relationship between law and society, thereby encouraging students to fully consider the role, and influence, of the legal system — Explores how the law effects modern society with reference, and critical analysis of, the works of key legal and social theorists — An authoritative and original introduction to the study of law and society, written by a highly respected and leading academic in the field
Название: Law of Auctions
Жанр: Oxford University Press
Год: 2006
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- The definitive guide to auctions law: relied upon by lawyers and non-lawyers alike, including auctioneers, art dealers, and museum administrators — An established text (the first edition was published 20 years ago) offering the reader practical analysis and reliable commentary — Includes new coverage on the use and abuse of the internet for auctions — Greater coverage of foreign jurisdictions — Updated to include developments in consumer protection New to this edition — A chapter on online auctions This is the new edition of the leading work on the law and practice of auctions. The book looks at every aspect of auction practice from the economics of auction sales and restrictions on trading to criminal and other liabilities of the auctioneer. There is also a chapter on VAT. There have been important recent developments in the field of consumer protection and the book has been substantially revised to reflect these. In addition to general updating the new edition considers the practice of online auctions for the first time. There is also a section on looted art . The book continues to draw on case law from other common law jurisdictions.
Жанр: Oxford University Press
Год: 2006
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- Maintains the usefulness of the main work by bringing it fully up to date — This cumulative supplement to The Law of Freedom of Information covers all key developments in the subject up to June 2005. It is an essential purchase for all who already own the main work, and maintains its currency. The supplement updates the main work paragraph by paragraph, following the same structure as the main work. It includes full analysis of the guidance issued by the Department for Constitutional Affairs in October 2004 and the current awareness guidance and policy development documents issued by the Information Commissioner. The authors also examine the first decisions of the Commissioner and the decisions of the Ombudsman including her ruling on the disclosure of the advice given by the Attorney General on the legality of the war with Iraq. In addition, the supplement covers recent decisions from the USA, Canada, New Zealand, Australia and Ireland, as well as UK decisions on data protection and confidentiality. The comprehensive, analytical approach of the main work provides the complete reference volume for practitioners advising on the relevant legislation: those working within or advising the myriad public bodies upon which the Freedom of Information Act 2000 imposes new duties regarding the disclosure and handling of information; those advising clients with a personal, professional or commercial interest in obtaining information from those newly obliged to provide it; and those in the business community for whom the Act raises important concerns about the potential accessibility of commercially sensitive information
Название: The Law of Higher Education
Жанр: Oxford University Press
Год: 2006
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- Provides extensive treatment of the complex legal framework in which universities work, and the remedies which may be sought in the event of disputes — Written in a clear and logical style divided into six parts, each dealing with a major area of the higher education system — Includes discussion on higher education law within its international context — The text is linked to the updating service on the Oxford Centre for Higher Education Policy Studies (OxCHEPS) website directed by David Palfreyman so that users can keep up to date with developments Universities and colleges in the UK have to deal with many legal issues. Some are specific to the sector, such as; constitution and organisation; rights of members; relationships with students and academic staff; research contracts; information services; and student unions. Others are of a more general character, such as; employment; estates; and risk management. Whilst technically universities are private self-governing corporations, they in fact operate within a statutory public funding and regulatory regime, in addition to having all the legal responsibilities of major employers and landowners. A number have a student and staff population larger than that of small towns, manage significant public and private funds and are increasingly commercial in their outlook as they compete for the best students and staff, research grants and contracts, both in the UK and internationally. Colleges, while generally smaller, have a range of responsibilities very similar to those of universities. This comprehensive and practical guide to the UK law of higher education provides extensive treatment of the complex legal framework in which universities work and the remedies which may be sought in the event of disputes. Although focussing on UK laws, it will include material on the international context, particularly important as institutions are increasingly involved in international exchanges and collaborations, as well as being subject to the increasing globalisation of higher education. The text is linked to the updating service on the OxCHEPS website so that users can keep up to date with developments. The book will be extremely useful for solicitors and barristers trying to keep up to date with this complex area of law, together with higher education administrators and employees.
Жанр: Oxford University Press
Год: 2006
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Current trend shows increasing insolvencies & restructurings; This book covers the new law that has developed as a result.
Название: The Law of Marine Insurance
Жанр: Oxford University Press
Год: 2006
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- Increased and detailed level of coverage relevant for practitioners — Appendices reproduce relevant legislation, standard forms and clauses and mutual insurance association rules — Clear and accessible writing makes this a user-friendly, time-saving text for practitioners in insurance and shipping fields — Full coverage of commonly used market clauses, including both Institute and International Hull Clauses. New to this edition — Revised structure including a new chapter on interpretation and rectification of insurance contracts The law of marine insurance constitutes a major branch of the law of international trade and shipping law which is of considerable international importance. This new edition gives a clear, updated account of English marine insurance law, combining detailed analysis of modern statute and case law with a clear comprehension of practice and commerce in the shipping world. The discussion embraces not only the constantly evolving case law, but also standard forms and clauses (including the 2003 International Hull Clauses), and the rules of mutual insurance associations. Coverage includes all relevant areas of general insurance contract law as well as all issues of specifically marine insurance law. The entire text of the second edition has been considered afresh and includes significant new or additional material in particular relating to: historical background, insurable interest, policy formation, the doctrine of utmost good faith, premiums, policy interpretation, excluded losses, third party rights, losses, claims, aversion and minimisation of loss, insurers' contribution rights, and composite policies. Presenting a revised structure with the practitioner in mind, this new edition includes a new chapter on interpretation and rectification of insurance contracts.
Жанр: Oxford University Press
Год: 2006
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- Brings together practical advice with detailed discussion of the underlying principles to provide an authoritative work of reference for practitioners and academics alike — Written and edited by a team of over 20 practitioners specializing in media and entertainment law who have been personally involved in most of the recent privacy cases which are considered in the book, therefore offering proven reliability and insider knowledge — The supplement updates the main work to August 2005, which makes it an essential point of reference for practitioners as well as academics A specialist team of barristers from Five Raymond Buildings (the media, entertainment and human rights chambers) have come together to write this timely consideration of the rapidly developing law of privacy in England and Wales. The book considers how the law protects the publication of personal information without undermining the fundamental principle of freedom of expression. Although intended as a practitioners' guide to the law, it includes a consideration of comparative and international jurisprudence, as well as leading academic writings on the subject, in order to elaborate the principles upon which privacy rights are based. These may helpfully guide the development of English law in the years ahead. At the heart of the book is an explanation of existing causes of action which may be used to protect personal privacy and practical advice on defences and remedies that may be available. It is recognized that recent legislation, most notably the Data Protection Act 1998 and the Human Rights Act 1998, has had a significant impact on the law in this area and full consideration is given to their application. A vast range of case law is also analysed, including the House of Lords judgment in Naomi Campbell v MGN Ltd , the European Court of Human Rights judgment in Von Hannover v Germany , and the Court of Appeal judgment in Douglas v Hello! . The Law of Privacy and the Media is essential reading for all those who act for or against the media, as well as all those with a general interest in the subject. The inclusion of the second cumulative supplement in this set brings the complete work up to date to August 2005.
Жанр: Oxford University Press
Год: 2006
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- It brings the main work fully up to date to August 2005, thereby maintaining its usefulness — Written and edited by a team of over 20 practitioners specializing in media and entertainment law who have been personally involved in most of the recent privacy cases: this guarantees reliability — The main work and the second cumulative supplement are also available together as a set This second cumulative supplement to The Law of Privacy and the Media covers all developments in the key areas of the subject up to August 2005. It is an essential purchase for all who already own the main work, and maintains its currency. The supplement updates the main work paragraph by paragraph, following the same structure as the main work. Cases analysed include Naomi Campbell v MGN Ltd , the European Court of Human Rights judgment in Von Hannover v Germany , and the Court of Appeal judgment in Douglas v Hello! . The Law of Privacy and the Media is essential reading for all those who act for or against the media, as well as all those with a general interest in the subject. This supplement keeps it up to date and is also available as a set together with the main work
Название: The Law of Privilege
Жанр: Oxford University Press
Год: 2006
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- Comprehensive and authoritative new guide to legal professional privilege as it applies to litigation and non-litigation situations — Contains up-to-date analysis of law and practice following the landmark decisions of the Court of Appeal and House of Lords in the Three Rivers litigation, and the impact of the Human Rights Act 1998 — Provides detailed coverage of all key aspects of privilege: legal advice privilege, litigation privilege, loss of privilege, joint and common interest privilege, without prejudice privilege, and the privilege against self-incrimination — Includes practical guidance on issues that arise regularly in practice, such as the effect of asserting privilege, exceptions, the law regarding pre-existing documents, procedural matters (including the means of challenging a claim), and multi-jurisdictional issues — Written by an author team of leading practitioners from Fountain Court chambers headed by Bankim Thanki QC, who appeared in the Three Rivers litigation — Includes a foreword by the Rt Hon Lord Bingham of Cornhill This significant new title provides a comprehensive guide to legal professional privilege as it applies to litigation and non-litigation situations. The book contains authoritative guidance on the law as it stands today, following the landmark decisions of the Court of Appeal and House of Lords in the Three Rivers litigation, which challenged long-established assumptions about the nature and scope of privilege, and the impact of the Human Rights Act 1998. Written by Bankim Thanki QC, who appeared in the Three Rivers cases, and a leading team from Fountain Court chambers, it provides detailed coverage of the nature of privilege, how it arises, how it is lost, and its limits. The text is divided into eight logical themes. It looks first at the policy underlying privilege and its nature, and then at the definitions of legal advice privilege, which relates to communications between lawyer and client; and litigation privilege, which can attach to third party communications in the context of litigation. It goes on to provide expert guidance on issues that arise regularly in practice, such as exceptions (including a detailed analysis of the crime/fraud exception), multi-jurisdictional issues, procedural matters, and problem areas, such as pre-existing and partly privileged documents. It also covers loss of legal professional privilege (loss of confidence, and implied and express waiver); joint and common interest privilege; the linked area of without prejudice privilege, its scope, exceptions, rules governing waiver, and the position in respect of mediation; and the privilege against self-incrimination. The book is clearly laid out, with extensive cross-referencing to ensure ease of understanding and quick access to information. It is an essential reference tool for practitioners in all fields of practice, and for students of Civil Procedure.
Название: The Law of Sea: Progress and Prospects
Жанр: Oxford University Press
Год: 2006
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- Includes contributions from leading authorities on the law of the sea, both academic and practitioner — Critically reviews the 1982 United Nations Convention on the Law of the Sea and the range of developments which have occurred since its inception — Examines the tension between regional global regimes for oceans governance and the structural regulation of the UN 1982 Convention — Examines the adaptability of the UN 1982 Convention and its ability to cope with unforeseen contemporary issues of oceans use It is now more than ten years since the 1982 United Nations Convention on the Law of the Sea (LOSC) came into force and more than twenty years since it was concluded in December of 1982 after more than nine years of negotiations. The famous nullpackage dealnull that it represented addressed many of the problematic issues that previous conventions had been unable to settle. This collection of essays, by leading academics and practitioners, provides a critical review of the LOSC and its relationship to and interface with the wide range of developments which have occurred since 1982. The individual chapters reveal a number of core themes, including the need to maintain the integrity of the LOSC and its centrality to oceans regulation; the tension between regional global regimes for oceans governance and the struggle to reconcile these within the LOSC; the gradual consolidation of authority over oceans space; the difficulty of adapting some of the more dated provisions of the LOSC to deal with unforeseen contemporary issues of oceans use; and the consequent development of the general obligations of the LOSC through binding and non-binding agreements. They clearly indicate the potential impact and role of post-LOSC agreements and institutions in developing the law of the sea and resolving some of the outstanding substantive issues. From this it is clear that the future of the Law of the Sea will involve an understanding of the wider legal environment within which it operates.
Название: The Law of Unfair Dismissal
Жанр: Oxford University Press
Год: 2010
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A portable and lucid guide to the law of unfair dismissal Offers a clear, reliable synthesis of the law of unfair dismissal which is accessible to both junior and senior practitioners and rides above the distracting level of detail in other, more encyclopaedic works Written by the General Editor of the Employment Law Practice Series, an acknowledged expert on employment law This book provides both senior and junior practitioners with an accessible and lucid guide to the law of unfair dismissal. Written in a practical yet authoritative way, the book sets out and explores the context, development and effectiveness of the law, in particular with regard to the ACAS Arbitration Scheme and other methods for resolving disputes at work brought to the fore by the Provisions of the Employment Act 2002. The book completes Professor McMullen's trilogy of texts for employment law practitioners on the core statutory rights.
Жанр: Oxford University Press
Год: 2006
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- Describes the legal framework promoting, and policy implications of, monetary and financial stability — Systematic treatment of national, European and international developments in monetary and financial law with emphasis on public law aspects — Presents the framework for the prevention and resolution of financial crises, nationally and internationally — Logical and sound analysis on the range of issues currently discussed by academics and practitioners specialising in this field — Examines the foundations of international monetary law, with a detailed analysis of the law of the IMF and the Law of the European Central Bank Legal Foundations of International Monetary Stability which will appeal to both practitioners and academics, is a book on monetary law and related aspects of financial regulation providing a systematic and thorough study of how national, supra-national and international developments have dramatically changed the dynamic field of monetary law over the last two decades. Lastra looks at this in three main parts. Beginning with the notion of monetary sovereignty, its attributes and limitations, the author goes on to analyse the concept of monetary stability and the institutional developments to promote it, in particular independent central banks and currency boards. Since a sound banking system is essential for maintaining monetary stability, the book also presents a legal study of the design of supervision and of the mechanisms available to the national authorities to confront banking crises and to maintain financial stability. The monetary law reform process in emerging economies is also examined. The second part of the book covers European monetary law, the history of monetary integration in Europe, the institutions of Monetary Union (the European System of Central Banks and the Euro) and the functioning and challenges confronted by this new institutional arrangement, in particular with regard to the governance structure for financial regulation and supervision. In the third part the international monetary system, its history and institutions, with emphasis on the law of the International Monetary Fund, is examined. It also presents a rethinking of the way international financial institutions manage financial crises. This new text fills a gap in the current public international law literature for a systematic and comprehensive text on the international monetary and financial system and is essential reading for academics and practitioners in the field of monetary law.
Жанр: Oxford University Press
Год: 2005
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- As the EU internal market reaches a critical juncture the issue of harmonization is increasingly important — Comparative study of English and French law and their interaction with the EU — Cuts across the traditional boundaries of private, public, and criminal law The EU has been active in attempting to harmonize the laws of product liability and sale of goods to consumers, with the aim of promoting fair competition, developing the internal market, and protecting consumers. But how do the resulting laws relate to existing national laws of liability and compensation? Is the resulting harmonization genuine or merely formal? Has implementation of the EC directives changed the law, but left claimants and defendants as differently treated as ever in different Member States? This comparative study considers the French and English laws governing all those who may be liable for products: their producers, their suppliers, their users and their regulators. To do so, it examines in each system the private law of tort and contract and aspects of the civil process which are important in determining liability; the administrative law concerning failures to regulate or control product safety; and the liability for products of suppliers of public services, such as water or healthcare. It considers how the substantive criminal offences affecting product safety, whether particular to products or under more general law, relate to civil liability or to compensation. The emerging picture reveals two complex and significantly different patterns of liability for products in the English and French systems, cutting across the traditional boundaries of private law, public law and criminal law. Implementation of the Product Liability Directive and Consumer Guarantees Directive required the insertion into these patterns of new elements, disharmonious with existing wider legal strategies and techniques. This study considers various problems of these directives' implementation in the French and English systems, the main issues of their proper interpretation, and the relationship of the new laws which they create with existing bases of liability. It explains the different significances given to 'fault,' 'negligence' and 'defect' (whether of safety or of contractual conformity); the relationship between judicial institutions and legal procedures in the determination of substantive legal issues; and the different relationships in the two laws studied between public and private, civil and criminal law. It concludes by offering wider comments on legal harmonisation based on the French and English experience in relation to these two directives.
Название: Life Stories: The Creation of Coherence
Жанр: Oxford University Press
Год: 1993
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This is a sociolinguistic study of how people create and exchange coherent oral life stories. Linde claims such stories serve a number of psychological and social purposes, including the development and expression of a sense of self and the solidification and definition of relationships and group memberships. She focuses on different coherence systems, including `common sense' and its peculiarly American nature.
Жанр: Oxford University Press
Год: 2006
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- Sheds light on the genesis of Hart's ideas and the scale of his contribution to legal and political philosophy — An intellectual history of trends in 20th century legal, social, philosophical, and political thought — Hart's profound personal and professional doubts raise fascinating questions about the nature of intellectual creativity Shortlisted for the 2005 British Academy Book prize, Nicola Lacey's entrancing biography recounts the life of H.L.A. Hart, the pre-eminent legal philosopher of the twentieth century. Following Hart's life from modest origins as the son of Jewish tailor parents in Yorkshire to worldwide fame as the most influential English-speaking legal theorist of the post-War era, the book traces his successive metamorphoses; from Yorkshire schoolboy to Oxford scholar, from government intelligence officer to Professor of Jurisprudence, from awkward batchelor to family figurehead. In the tradition of Ray Monk's biography of Wittgenstein, Nicola Lacey paints an absorbing picture of intellectual and psychological development, of a mind struggling to cope with intellectual self-doubt, uncertain sexuality, a difficult marriage and an anti-semitic society. In depicting the evolution of Hart's life and mind, Lacey provides a vivid recreation of both the intellectual and social climate of Oxford in the post-War era.
Жанр: Oxford University Press
Год: 1995
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How and why are languages constantly changing? Historical lingustics seeks to find out by going beyond the history of individual languages to discover the general principles which underlie language change. But our evidence is severely limited. Most of the world's languages are still unwritten, and even in areas with long written traditions, such as Europe and the Near East, documentary evidence stretches only a little way back along the path of the historical development of languages. How, then, can we uncover our long linguistic prehistory, and what can it tell us about language change? This new textbook is an accessible general guide for students with an elementary knowledge of linguistics to the methods and theoretical bases of linguistic reconstruction, and of newer, less well established principles such as the application of linguistic universals and language typology, and quantitative techniques. Finally he reviews the principles for establishing language relationships and for uncovering information about the homelands and cultures of the prehistoric speakers of reconstructed languages.
