Книги издательства Oxford University Press
Название: Oxford Book of Aphorisms
Жанр: Oxford University Press
Год: 2003
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- Includes sections on desires and longings, self-doubt, fame and reputations, happiness and sorrow, covering the whole range of aphoristic literature. — Brings together the most diverse figures, e.g. La Rochefoucauld, Greek philosophers, Virginia Woolf, statesmen, scientists, and Olympians — Wide appeal to gift, literary, and anthologies market — 'And now, from the people who bring you the best anthologies, one of their best anthologies' Sunday Times This anthology demonstrates to the full just how rewarding an art form the aphorism can be, and just how brilliantly the aphorist can illuminate the hidden truth, or lay bare the ironies of existence. Specific sections including 'Religion', 'Money & Rank', 'Men, Women, Marriage' and 'Politics', cover the whole range of aphoristic literature. This book brings together the most diverse figures-the classic aphorists, like La Rochefoucauld; the philosophers, from the Greeks to Samuel Johnson to Virginia Woolf-as well as statesmen, scientists, boulevardiers, Olympians, and gadflies. John Gross draws on their wisdom and wit to produce an anthology that will be referred to time and time again.
Название: Oxford Handbook of Comparative Law
Жанр: Oxford University Press
Год: 2006
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- A broad ranging critical assessment of comparative law at the beginning of the twenty-first century — Charts the development of comparative law — Examines traditional model jurisdictions, such as France, Germany, and the United States, as well as regions like Eastern Europe, East Asia, and Latin America. — Discusses the major approaches to comparative law and its relationship with other fields, such as legal history, economics, and linguistics — Comprises forty chapters written by experts from around the world The Oxford Handbook of Comparative Law provides a wide-ranging and highly diverse survey as well as a critical assessment of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law — its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law. The Handbook contains forty eight chapters which are written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.
Жанр: Oxford University Press
Год: 2006
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In this groundbreaking interpretation of America's founding and of its entire system of judicial review, Larry Kramer reveals that the colonists fought for and created a very different system--and held a very different understanding of citizenship--than Americans believe to be the norm today. «Popular sovereignty» was not just some historical abstraction, and the notion of «the people» was more than a flip rhetorical device invoked on the campaign trail. Questions of constitutional meaning provoked vigorous public debate and the actions of government officials were greeted with celebratory feasts and bonfires, or riotous resistance. Americans treated the Constitution as part of the lived reality of their daily existence. Their self-sovereignty in law as much as politics was active not abstract.
Название: Peremptory Norms in International Law
Жанр: Oxford University Press
Год: 2006
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- The first ever comprehensive treatment of peremptory norms in international law — Examines the basis for the peremptory character of norms, as well as the effect of peremptory norms in a variety of fields, including the use of force in an aggressive war — Covers the wide variety of cases and situations in which the relevance of peremptory norms has been raised — Combines a systemic analysis with an examination of current issues, bringing together the practical and academic heritage accumulated in different legal traditions and languages This monograph analyses the questions raised by the legal effects of peremptory norms of international law (jus cogens). A comprehensive study of this problem has been lacking so far in international legal doctrine. Peremptory norms, although often criticised and even more often approached with sceptical nihilism, nevertheless attract growing doctrinal and practical attention and have increasing importance in determining the permissible limits on the action of State and non-State actors in different areas. In view of this overriding impact on what might otherwise be instances of the law-making process, peremptory norms concern a constitutional aspect of international law. Peremptory norms are non-derogable norms, and the concept of derogation is among the key concepts analysed here. Derogation from peremptory norms can be attempted in a wide variety of situations, but if peremptory norms are to operate as norms and not merely as aspirations they must generate consequences that are also peremptory. This effects-oriented character of peremptory norms is examined in a variety of fields. Despite the growing relevance of peremptory norms in practice, doctrine has failed to treat the issue comprehensively and has often been limited to examining specific aspects of the problem, such as the impact of peremptory norms in the law of treaties. This fresh effort to examine and explain the phenomenon of peremptory norms in key areas fills an important doctrinal gap through presenting in a systematic way the effects of peremptory norms and reappraising the significance of such effects, bearing in mind their overall nature. It also demonstrates that the hierarchical superiority of peremptory norms is not limited to the sphere of primary legal relations but becomes most crucially relevant after a specific peremptory norm is breached. A norm's peremptory character is relevant not only for its substance but also for its consequences; peremptoriness consists primarily in the capacity to impact through its effects upon conflicting acts, situations and agreements.
Название: The Personal Employment Contract
Жанр: Oxford University Press
Год: 2005
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- This book provides a comprehensive analysis of a new composite category of employment contracts in English Law and identifies a set of fundamental principles of construction for personal employment contracts — An exploration of the novel concept of the employing enterprise, and how this concept replaces the employer — Comprehensive analysis of the law concerning the termination of employment contracts This book is an analytical study of the current English law of traditional contracts of employment and of other personal employment contracts. Concentrating on the common law basis of individual employment law, it takes full account of relevant British and European Community legislation up to and including the Employment Act 2002, and considers the impact of the Human Rights Act 1998 and of the developing law of human and social rights more generally. In this work the author has up-dated and built upon his earlier treatise on the Contract of Employment published in 1975. The present work takes account of the very considerable amount of case-law, legislation and legal writing which has affected the law of the contract of employment since the earlier treatise was written. However, the present work aims to do more than providing a second edition of The Contract of Employment. It addresses a wider range of employment relationships than the previous work did; in fact, it argues for and is constructed around a whole new category of employment contracts, which includes not only contracts of employment but also other «personal employment contracts», a concept which the author articulates and justifies. Within that novel conceptual framework, many of the major features of the law of employment contracts are re-examined and presented in unfamiliar and challenging terms. Thus, the employer is re-conceptualized as the «employing enterprise», the bilateral structure of employment contracts is re-evaluated, and new explanations are advanced for the functioning of the law of termination of employment contracts and of remedies for wrongful termination.
Жанр: Oxford University Press
Год: 2006
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- Takes a multidisciplinary approach to the subject of penal policy and criminology — Includes a mixture of both empirical research and theoretical perspectives — Comparative analysis — International coverage The book offers an incisive collection of contemporary research into the problems of crime control and punishment. It has three inter-related aims: to take stock of current thinking on punishment, regulation, and control in the early years of a new century and in the wake of a number of critical junctures, including 9/11, which have transformed the social, political, and cultural environment; to present a selection of the diverse epistemological and methodological frameworks which inform current research; and finally to set out some fruitful directions for the future study of punishment. The contributions to this collection cover some of the most exciting and challenging areas of current research including terrorism and the politics of fear, penality in societies in transition, penal policy and the construction of political identity, the impact of digital culture on modes of compliance, the emergent hegemony of information and surveillance systems, and the evolving politics of victimhood. Taken together, this work draws connections between local problems of crime control, transnational forms of governance, and the ways in which certain political and jurisprudential discourses have come to dominate policy and practice in western penal systems. ERRATUM The sentence on p. 153, lines 5-7 should read «...if welfare expenditure had not risen but remained at its 1987 level, the rise in imprisonment would have been 20 per cent greater than actually occurred, i.e. from 75 in 1987 to 99 in 1998.» No other part of the book is affected by this correction.
Жанр: Oxford University Press
Год: 2006
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- Takes a multidisciplinary approach to the subject of penal policy and criminology — Includes a mixture of both empirical research and theoretical perspectives — Comparative analysis — International coverage ERRATUM The sentence on p. 153, lines 5-7 should read «...if welfare expenditure had not risen but remained at its 1987 level, the rise in imprisonment would have been 20 per cent greater than actually occurred, i.e. from 75 in 1987 to 99 in 1998.» No other part of the book is affected by this correction.
Название: A Philosophical Guide to Conditionals
Жанр: Oxford University Press
Год: 2003
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- Complete, masterly treatment of conditionals — Bennett is famous worldwide for his work on this subject — Brilliantly clear and lucid approach — Suitable for undergraduate and graduate courses — Of interest to anyone working in the central areas of philosophy Conditional sentences are among the most intriguing and puzzling features of language: analysis of their meaning and function has important implications for, and uses in, many areas of philosophy. Jonathan Bennett, one of the world's leading experts, distils many years' work and teaching into this Philosophical Guide to Conditionals , the fullest and most authoritative treatment of the subject. The literature on conditionals is difficult — needlessly so. Bennett's treatment is meticulously careful and luminously clear. He presents and evaluates in detail various approaches to the understanding of 'indicative' conditionals (like 'If Shakespeare didn't write Hamlet , some aristocrat did') and 'subjunctive' conditionals (like 'If rabbits had not been deliberately introduced into New Zealand, there would be none there today'); and he offers his own view, which will be recognized as a major original contribution to the subject. Journeying through this intellectual territory brings one into contact with the metaphysics of possible worlds, probability and belief-change, probability and logic, the pragmatics of conversation, determinism, ambiguity, vagueness, the law of excluded middle, facts versus events, and more. One might perhaps learn more philosophy from a thorough study of conditionals than from any other kind of work. Bennett's Guide is an ideal introduction for undergraduates with a philosophical grounding, and will also be a rich source of illumination and stimulation for graduate students and professional philosophers.
Жанр: Oxford University Press
Год: 2009
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- A lively and accessible introduction to the social, moral, and cultural foundations of law. — Highly topical — issues such as the war in Iraq and treatment of terror suspects call into question the nature of law. — Takes a broad scope — spanning philosophy, law, politics, economics, and discusses a range of topics including women's rights, racism, and the environment. — Part of the best-selling VSI series; over 1.5 million sold. The concept of law lies at the heart of our social and political life, shaping the character of our community and underlying issues from racism and abortion to human rights and international war. But what actually is law? A set of naturally occurring moral principles, or simply rules agreed by a particular society? What is a 'right' and what rights should people actually have? Is law really colour-blind and gender-blind? Can the law truly tell us whether gay marriages are immoral, what's wrong with racism, or whether we should go to war? Revealing the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, Raymond Wacks explores the notion of law and its role in our lives. Referring to key thinkers from Aristotle to Rawls, Bentham, Dworkin, H.L.A. Hart and Derrida, he looks at the central questions behind legal theory that have fascinated lawyers and philosophers — and anyone — who ever wondered about law's relation to justice, morality, and democracy.
Название: Philosophy of Private Law
Жанр: Oxford University Press
Год: 2006
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- The first comprehensive and introductory account of the principal themes in contemporary jurisprudential debates, ideal for those studying the subject at undergraduate or postgraduate level — Key themes and complex legal philosophical debates are clearly outlined, encouraging readers to critically evaluate the subject — Provides students with an informed view of both the limits and possibilities of the philosophy of private law On what basis does tort law hold us responsible to those who suffer as a result of our carelessness? Why, when we breach our contracts, should we make good the losses of those with whom we contracted? In what sense are our torts and our breaches of contract 'wrongs'? These two branches of private law have for centuries provided philosophers and jurists with grounds for puzzlement. This book provides an outline of, and intervention in, contemporary jurisprudential debates about the nature and foundation of liability in private law. After outlining the realm of the philosophy of private law, the book divides into two. Part I examines the various components of liability responsibility in private law, including the notions of basic responsibility, conduct, causation and wrongfulness. Part II considers arguments purporting to show that private law does and should embody a conception of either distributive or corrective justice or some combination of the two. Throughout the book a number of distinctions — between conceptual and normative argument, between jurisprudential 'theory' and private law 'practice', between legal obligation and moral obligation — are analyzed, the aim being to give students an informed grasp of both the limits and possibilities of the philosophy of private law.
Название: Police Officer's Guide to Going to Court
Жанр: Oxford University Press
Год: 2006
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- The only guide to court procedure and practice written specifically for police officers — Provides helpful information on a range of topics such as court procedures, giving evidence, case progression and preparing case files — Includes plenty of practical tips, court plans, flow-charts and diagrams — Explains the different features and processes of each relevant court — the Magistrate's Court, the Crown Court and the Coroner's Court — Covers likely future changes and developments — Accessible and clear layout This text is a practical and very useful guide for police officers of all ranks, designed to prepare them for attending court. Most police officers will at some point be required to attend court and many officers attend on a regular basis. Going to Court is a unique text which demystifies and explains the court process. The book covers the main features and processes of the four relevant courts for police officers — the Magistrate's Court, the Crown Court, the Youth Court and the Coroner's Court. The book provides information on court procedures, giving evidence, case progression and case file preparation. Accessible and easy to use, there are many helpful flowcharts, diagrams, practical tips and court plans. This book is a must have for all police officers who need advice and practical help with this often daunting experience. It will also be of use to fire service professionals who need to attend court.
Жанр: Oxford University Press
Год: 2006
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Extensive extracts from over 20 major U.S. Supreme Court decisions provide excellent primary source illustration of the topics under discussion
Жанр: Oxford University Press
Год: 2006
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- Accessible guide to the complex area of local government law in a single affordable volume — Updated to cover legislative changes since the first edition's publication in 1997, including the Local Government Act 2003 and the new Capital Finance Rules brought into force in April 2004 — Coverage has been expanded from first edition to now include; partnerships; joint ventures; procurement; freedom of information; well-being; best value; and human rights — Clear and user-friendly chapter structure and extensive use of examples, checklists, and key documents assist the reader in quickly locating the material they need New to this edition — Coverage has been expanded to include partnerships; joint ventures; procurement; freedom of information; well-being; best value; and human rights — Updated to include the Local Government Act 2003 and the new Capital Finance Rules brought into force in April 2004 The A Practical Approach series is the perfect partner for practice work. Each title focuses on one field of the law and provides a comprehensive overview of the subject together with clear, practical advice and tips on issues likely to arise in practice. The books are also an excellent resource for those new to the law, where the expert overview and clear layout promotes clarity and ease of understanding. This second edition of A Practical Approach to Local Government Law provides comprehensive coverage of the rull range of law and legislation relating to local government and local authorities. Since the first edition published in 1997, there have been significant legislative changes in the field of local government, including the enactment of the Local Government Act 2003 and the new Capital Finance Rules brought into force in April 2004. This new edition takes these changes fully into account, and covers the increasingly key areas of; partnerships and joint ventures; procurement; freedom of information; wellbeing; best value; and human rights. Very much a practical guide, A Practical Approach to Local Government Law 2/e makes extensive use of examples, checklists, and key documents, to assist the busy practitioner in quickly locating the material they need, whilst also providing valuable context for the student coming to this complex subject for the first time.
Название: Pragmatics
Жанр: Oxford University Press
Год: 2006
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- Clear and comprehensive — Covers the latest research developments — Relates work in linguistics and philosophy of language — Includes examples from English and a wide range of languages — Includes exercises and answers, a glossary, and guides to further reading — Written by one of the leading scholars in the field This introduction to pragmatics — the study of language in use — provides an authoritative and comprehensive account of its central topics and a guide to the latest research. It opens with a discussion of the scope, meaning, and history of pragmatics from Aristotle to the present. It shows how the subject relates to the study of semantics, syntax, and sociolinguistics and to such fields as the philosophy of language, linguistic anthropology, and artificial intelligence. The remainder of the volume is divided into two parts. Part I begins with an account of classical and neo-Gricean theories of conversational and conventional implicature. It considers presupposition and speech act theory, and describes the different kinds of deixis. Part II explores some of the most productive current work in the subject, much of it at the interface between pragmatics and other core areas of inquiry. It looks at the pragmatics-cognition interface and relevance theory before examining the interfaces between pragmatics and semantics and pragmatics and syntax. Professor Huang illustrates his lively account with examples drawn from English and a wide range of the world's languages. He includes exercises and essay topics at the end of each chapter, and offers guidance and suggested solutions at the end of the volume. He provides a full glossary of terms and guides to further reading. This is the ideal textbook for students of linguistics. It will also be a valuable resource for scholars and students of language in philosophy, psychology, anthropology, and computer science.
Жанр: Oxford University Press
Год: 2006
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- An original contribution to the scholarly debates about the Europeanisation of private law — Based on research from the Study Group on a European Civil Code — Advances a set of systematically presented rules similar to national Civil Codes as a set of Common European Principles for the functioning of the Common Market The Study Group on a European Civil Code has taken upon itself the task of drafting common European principles for the most important aspects of the law of obligations and for certain parts of the law of property in movables which are especially relevant for the functioning of the common market. Like the Commission on European Contract Law's «Principles of European Contract Law», the results of the research conducted by the Study Group on a European Civil Code seek to advance the process of Europeanisation of private law. Among other topics the series tackles sales and service contracts, distribution contracts and security rights, renting contracts and loan agreements, negotiorum gestio, delicts and unjustified enrichment law, transfer of property, and trust law. The principles furnish each of the national jurisdictions a grid reference. They can be agreed upon by the parties within the framework of the rules of private international law. They may provide a stimulus to both the national and European legislator for moulding private law. Beyond this, they aim to further discussion about the creation of a European Civil Code, or a Common Frame of Reference in the area of patrimonial law, by submitting a concrete model. The «Principles of European Law» are published in co-operation with Bruylant (Belgium), Sellier. European Law Publishers (Germany) Staempfli Publishers Ltd. (Switzerland).
Жанр: Oxford University Press
Год: 2007
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- An original contribution to the scholarly debates about the Europeanization of private law — Based on research from the Study Group on a European Civil Code — Advances a set of systematically presented rules similar to national Civil Codes as a set of Common European Principles for the functioning of the Common Market The Study Group on a European Civil Code has taken upon itself the task of drafting common European principles for the most important aspects of the law of obligations and for certain parts of the law of property in movables which are especially relevant for the functioning of the common market. Like the Commission on European Contract Law's «Principles of European Contract Law», the results of the research conducted by the Study Group on a European Civil Code seek to advance the process of Europeanization of private law. Among other topics the series tackles sales and service contracts, distribution contracts and security rights, renting contracts and loan agreements, negotiorum gestio, delicts and unjustified enrichment law, transfer of property, and trust law. The principles furnish each of the national jurisdictions a grid reference. They can be agreed upon by the parties within the framework of the rules of private international law. They may provide a stimulus to both the national and European legislator for moulding private law. Beyond this, they aim to further discussion about the creation of a European Civil Code, or a Common Frame of Reference in the area of patrimonial law, by submitting a concrete model. The «Principles of European Law» are published in co-operation with Bruylant (Belgium), Sellier. European Law Publishers (Germany) and Staempfli Publishers Ltd. (Switzerland).
Название: Principles of European Law: V: 3
Жанр: Oxford University Press
Год: 2006
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- An original contribution to the scholarly debates about the Europeanisation of private law — Based on research from the Study Group on a European Civil Code — Advances a set of systematically presented rules similar to national Civil Codes as a set of Common European Principles for the functioning of the Common Market The Study Group on a European Civil Code has taken upon itself the task of drafting common European principles for the most important aspects of the law of obligations and for certain parts of the law of property in movables which are especially relevant for the functioning of the common market. Like the Commission on European Contract Law's «Principles of European Contract Law», the results of the research conducted by the Study Group on a European Civil Code seek to advance the process of Europeanisation of private law. Among other topics the series tackles sales and service contracts, distribution contracts and security rights, renting contracts and loan agreements, negotiorum gestio, delicts and unjustified enrichment law, transfer of property, and trust law. The principles furnish each of the national jurisdictions a grid reference. They can be agreed upon by the parties within the framework of the rules of private international law. They may provide a stimulus to both the national and European legislator for moulding private law. Beyond this, they aim to further discussion about the creation of a European Civil Code, or a Common Frame of Reference in the area of patrimonial law, by submitting a concrete model. The «Principles of European Law» are published in co-operation with Bruylant (Belgium), Sellier. European Law Publishers (Germany) and Staempfli Publishers Ltd. (Switzerland).
Жанр: Oxford University Press
Год: 2006
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Principles of Finance with Excel is the first finance text that comprehensively integrates Excel into the teaching and practice of finance. Finance is inherently a topic requiring lots of computation and in today's business world this computation is almost wholly carried out in Excel. Despite this, many books rely heavily on hand calculators, and business school students often find that when they leave the academic environment they have to relearn both finance and Excel. The Excel-based approach of Principles of Finance with Excel gives better tools to the instructor and the student and integrates the educational message with the most useful financial tool available. There are no financial calculator examples in Principles of Finance with Excel , just Excel. The resulting message is clear: The Practice of Finance goes hand-in-hand with Excel. As every Excel user knows, a spreadsheet is not just a «computational tool», a slightly more sophisticated twist on the calculator. Using a spreadsheet gives new and deeper insights into financial decision making. The ability to combine graphics with computation, the powerful functions incorporated into the spreadsheet, and the ease with which sensitivity analysis can be done-all these give potent insights into financial problems.
Название: The Principles of the Law of Restitution
Жанр: Oxford University Press
Год: 2006
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- A comprehensive source of up to date primary and secondary materials — A source recognized and cited by the judiciary — Includes the latest developments in the area such as the vindication of property rights principle, restitutionary remedies for breach of contract, restitutionary remedies against public authorities, and the defence of change of position — Useful for a range of jurisdictions, including England and Wales, Australia, New Zealand, Canada, and in the Far East. The second edition of this textbook lays out the key principles which underlie that body of law known as the law of restitution. This subject was recognised by the House of Lords as a discrete body of law fifteen years ago — although restitutionary principles have, in fact, been evolving for over 200 years. Since the recognition of the subject by the House of Lords the subject has developed dramatically, and even more rapidly since the publication of the first edition of this text in 1999. The law of restitution is concerned with the questions of when restitutionary remedies may be awarded. These are remedies which operate to deprive defendants of gains rather than to compensate claimants for losses. The traditional approach to the subject assumes that restitutionary remedies are only available to reverse unjust enrichment. In this book the author asserts that restitutionary remedies are triggered by three different types of action: The reversal of the defendant's unjust enrichment The commission of a wrong by the defendant The vindication of the claimant's property rights Since the publication of the first edition of this book this model has increasingly been recognised by the courts. In this book the law is examined through analyses of key cases and relevant statutory provisions, demonstrating the way in which the law in used to solve a wide variety of legal problems. The very different views of academics on the nature and ambit of the subject are also carefully considered. The result will be invaluable to students on restitution courses at every level, practitioners and those engaged in research on the subject.
Название: The Principles of the Law of Restitution
Жанр: Oxford University Press
Год: 2006
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- A comprehensive source of up to date primary and secondary materials — A source recognized and cited by the judiciary — Includes the latest developments in the area such as the vindication of property rights principle, restitutionary remedies for breach of contract, restitutionary remedies against public authorities, and the defence of change of position — Useful for a range of jurisdictions, including England and Wales, Australia, New Zealand, Canada, and in the Far East. The second edition of this textbook lays out the key principles which underlie that body of law known as the law of restitution. This subject was recognised by the House of Lords as a discrete body of law fifteen years ago — although restitutionary principles have, in fact, been evolving for over 200 years. Since the recognition of the subject by the House of Lords the subject has developed dramatically, and even more rapidly since the publication of the first edition of this text in 1999. The law of restitution is concerned with the questions of when restitutionary remedies may be awarded. These are remedies which operate to deprive defendants of gains rather than to compensate claimants for losses. The traditional approach to the subject assumes that restitutionary remedies are only available to reverse unjust enrichment. In this book the author asserts that restitutionary remedies are triggered by three different types of action: The reversal of the defendant's unjust enrichment The commission of a wrong by the defendant The vindication of the claimant's property rights Since the publication of the first edition of this book this model has increasingly been recognised by the courts. In this book the law is examined through analyses of key cases and relevant statutory provisions, demonstrating the way in which the law in used to solve a wide variety of legal problems. The very different views of academics on the nature and ambit of the subject are also carefully considered. The result will be invaluable to students on restitution courses at every level, practitioners and those engaged in research on the subject.
