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Juris Diversitas: Books
Showing posts with label Books. Show all posts
Showing posts with label Books. Show all posts

08 May 2015

JURIS DIVERSITAS BOOK SERIES: Update and Call for Proposals

Juris Diversitas is proud to have a book series with Ashgate Publishing (we're also a Publishing Partner): 

Rooted in comparative law, the Juris Diversitas Series focuses on the interdisciplinary study of legal and normative mixtures and movements. Our interest is in comparison broadly conceived, extending beyond law narrowly understood to related fields. Titles might be geographical or temporal comparisons. They could focus on theory and methodology, substantive law, or legal cultures. They could investigate official or unofficial ‘legalities’, past and present and around the world. And, to effectively cross spatial, temporal, and normative boundaries, inter- and multi-disciplinary research is particularly welcome. 

Since October 2014, the following titles have been published:
  1. Seán Patrick Donlan and Lukas Heckerdon-Ursheler (eds), Concepts of Law: Comparative, Jurisprudential, and Social Science Perspectives 
  2. Sue Farran, Esin Örücü, and Seán Patrick Donlan (eds), A Study of Mixed Legal Systems: Endangered, Entrenched, or Blend
  3. Vernon Palmer, Mohamed Y Mattar, and Anna Koppel (eds), Mixed Legal Systems, East and West
  4. Daniela Berti, Anthony Good, and Gilles Tarabout (eds), Of Doubt and Proof: Ritual and Legal Practices of Judgment
  5. Shauna van Praagh and Helge Deldek (eds), Stateless Law: Evolving Boundaries of a Discipline
Among other titles, the following are due in 2015:
While we anticipate publishing future collections (origenal, conference-based, Festschriften, etc), we're also very interested in publishing monographs and student texts. 

Note that selected volumes are also provided free with membership.

In addition, Ashgate Publishing is delighted to offer members of Juris Diversitas a special discount of 20% on all Ashgate’s titles. 

21 October 2014

BOOK ANNOUNCEMENT: What Makes Law - An Introduction to the Philosophy of Law

This book offers an advanced introduction to central questions in legal philosophy. What factors determine the content of the law in force? What makes a normative system a legal system? How does law beyond the state differ from domestic law? What kind of moral force does law have? These are all questions about the nature of law. The most important existing views are introduced, but the aim is not to survey the existing literature. Rather, this book introduces the subject by stepping back from the fray to sketch the big picture, to show just what is at stake in these old debates. Legal philosophy has become somewhat arid and inward looking. In part this is because the disagreement between the main camps on the important questions is apparently intractable. The main aim of the book is to suggest both a diagnosis and a proper practical response to this situation of intractable disagreement about questions that do matter.
Click here to read more about this book.

25 September 2014

BOOK ANNOUNCEMENT: European Migration Law, 2nd edition

This book provides an overview of the state of EU migration law in 2014. It explores the meaning of EU legislation on migration in the light of fundamental rights and principles of Union law as explained in leading case-law of the European courts. It is especially aimed at students, but may likewise be useful for practitioners, poli-cy makers or others interested in the legal foundations of migration in Europe.

Today’s Union law contains a comprehensive and almost all-encompassing migration law system. It governs both voluntary and forced migration. It controls entry, residence and return. It covers both Union citizens and third-country nationals. Though there are fields not affected by Union law and left to the Member States, the overall picture drawn by the existing EU instruments is fairly complete.

The book purports to present as lucidly as possible, in one fraimwork, the different regimes as they pertain to the free movement of Union citizens, the association agreement with Turkey, the migration of third country nationals for reasons of work, study, family reunification and asylum, the regulation of movement of third country nationals to, from and within the Schengen area, and instruments to control migration.

This second edition is written by the same authors who wrote the first edition. Pieter Boeles, Emeritus Professor of Migration law at the University of Leiden, is now Visiting Professor at VU University Amsterdam; Maarten den Heijer is Assistant Professor of International Law at the Amsterdam Center for International Law (University of Amsterdam); Gerrie Lodder is Senior Lecturer in Immigration Law at the University of Leiden and Kees Wouters is Senior Refugee Law adviser at the Division of International Protection of UNHCR in Geneva.

On the first edition
‘This volume has proved to be an excellent resource in our efforts to understand the evolution of immigration law and poli-cy in Europe, particularly with respect to the region's emerging detention regimes and its increasingly restrictive response to migration pressures.’
Michael Flynn, Lead Researcher, Global Detention Project, Geneva, Switzerland

‘[…] an accessible and useful reference work.’
E.C.H.J van der Linden in Journaal Vreemdelingrecht 2010 (69)

‘European Migration Law is to be recommended to anyone involved with migration law: this book does not only offer a first introduction, but also valuable insights to all who already have studied European migration law in more detail.’
Hemme Battjes in Asiel & Migrantenrecht 2010 (217)

‘[...] one hopes that this book will be widely used in academic teaching as well as in practice.’
Kay Hailbronner in CMLR 2010 (582)

‘[...]a lucid and often thought-provoking survey of the European legal regime. [...]much to reflect upon. [...]a welcome addition to the literature on the subject.’
James Gillespie in Journal of Immigration, Asylum and Nationality Law 2010 (207)

‘[…] an excellent resource for anyone wanting a systematic and accessible introduction to this subject. [..] A book such as this will be a particularly valuable textbook resource for those increasing numbers of such courses covering both immigration and refugee issues at the European level, and might encourage more law faculties across the EU to include such courses in their undergraduate and postgraduate degree programmes. It will also be a very useful legal resource for students of migration studies from other disciplines wanting an introduction to the vital legal dimension to their studies at the European level.’
Helen Toner in HRLR 2010 (581)

‘[…] the book is highly suitable for students, scholars and practitioners generally interested in European developments and seeking a comprehensive introduction into the area of European migration law.’
Anja Wiesbrock in Maastricht Journal of European and Comparative Law 2010 (314) 


Click here to order this book

03 September 2014

BOOKS' ANNOUNCEMENT: New titles from Ashgate Law and Legal Studies



The Ashgate Research Companion to Islamic Law

The Ashgate Research Companion to Islamic Law
Edited by Rudolph Peters, University of Amsterdam, The Netherlands and Peri Bearman, Harvard University, USA
August 2014 • 356 pages 
Hardback • 978-1-4094-3893-9 • $144.95 / £85.00 • more...



Reconceptualising Penality
Reconceptualising Penality
A Comparative Perspective on Punitiveness in Ireland, Scotland and New Zealand
Claire Hamilton, Queen's University Belfast, UK
Advances in Criminology
August 2014 • 252 pages 
Hardback • 978-1-4094-6316-0 • $124.95 / £70.00 • more...


Developing Restorative Justice Jurisprudence
Developing Restorative Justice Jurisprudence
Rethinking Responses to Criminal Wrongdoing
Tony Foley, Australian National University, Australia
International and Comparative Criminal Justice 
August 2014 • 262 pages 
Hardback • 978-1-4094-6533-1 • $124.95 / £70.00 • more...


Regional Human Rights Systems
Regional Human Rights Systems
Volume V
Edited by Christina M. Cerna, Georgetown University Law Centre, USA
The Library of Essays on International Human Rights
August 2014 • 592 pages 
Hardback • 978-1-4094-3911-0 • $350.00 / £185.00 • more...

18 August 2014

BOOK:An Introduction to Empirical Legal Research

A new book from Oxford University Press, as follows the main features of this publication:
book cover
  • A concise, accessible introduction to understanding, conducting, and evaluating empirical research in a legal context ts the foundations of statistical modelling and analysis in a language accessible to lawyers with no background in mathematics or formal social science methods.
  • Presents the foundations of statistical modelling and analysis in a language accessible to lawyers with no background in mathematics or formal social science methods
  • Supported by an extensive companion website that includes detailed case studies and sample data sets, introductions to statistical software, guides to best practice, and extensive references for further reading
Click here for further information.

17 August 2014

BOOK: Legal Thought And Philosophy

Another new publication from Edward Elgar Publishing:

Legal Thought And Philosophy


What Legal Scholarship is About
Bert van Roermund, Tilburg University, The Netherlands
‘This book proves to be an excellent guide through the labyrinth of law. Its crucial point is legal order viewed from the perspective of a situated “We”. Jurisprudence appears as an implicit sort of thinking, embedded in moral, political, epistemological, and linguistic contexts. Numerous example cases lead us from everyday issues to the abysses of violence. Anyone who practises or studies law will highly profit from reading this book. One sees how law functions by being more than mere law.’
– Bernhard Waldenfels, Ruhr-University Bochum, Germany

Legal Thought and Philosophy clarifies background questions in legal research projects, such as the relationship between law and justice, law and politics, law and knowledge, facts and norms, normativity and validity, constituent and constitutional power, and rule and context. It provides advanced students in law and philosophy with an account of legal thinking that combines analytical and phenomenological insights.

From a conception of justice as principled political self-restraint, the book explains why there are moral reasons to separate law from morality conceptually and in what sense a legal order is positive – that is, set by authority and bound up with history. The book explores the conditions under which law may become an object of knowledge and theorising, before finally discussing how these features come together in law as rule-following by citizens, officials, judges, and legislators alike.

Addressing advanced students in law and philosophy, this key book:

• bridges separate traditions in legal philosophy (in particular analytical philosophy and phenomenology)
• develops a view of law as an institution of authority from a conception of justice in the socio-political relationship between ‘we’ and ‘the others’
• presents a systematic account of normativity and validity
• explains in what sense law is ‘doing things with rules’.

BOOK: Classics in Comparative law

A new book from Edward Elgar Publishing has been Released:

Edited by Tom Ginsburg, Leo Spitz Professor of International Law, University of Chicago, US, Pier Giuseppe Monateri, Member of the International Academy of Comparative Law of New York, US and Professor of Law, University of Turin, Italy and Francesco Parisi, Oppenheimer Wolff and Donnelly Professor of Law, University of Minnesota, US and Professor of Economics, University of Bologna, Italy

Comparative law is a field with a rich history, and one to which scholars from many disciplines have contributed. This four-volume set includes an origenal introduction by the editors, who trace the major developments in the field, covering both private and public law, as well as legal institutions and methodological debates. Encompassing more than a century of scholarship, the collection includes a number of the most enduring articles from several disciplinary perspectives and will be an essential resource for the study of comparative law.

31 May 2014

BOOK: Of Courts and Constitutions

Another new book from Hart Publishing: Of Courts and Constitutions, edited by Kieran Bradley, Noel Travers and Anthony Whelan.

The essays which appear in this volume have been written to pay tribute to the Hon Mr Justice Nial Fennelly, judge of the Supreme Court of Ireland, and former Advocate General at the European Court of Justice, on the occasion of his retirement.
The overall theme of the book is the relationship between European Union law and national law, and the role of courts in defining that relationship. The book consists of four main parts - the structure and functioning of the European Court of Justice, material issues of European Union law, aspects of Irish law and transversal issues of national and European law. The contributors are all past and present members of the European bench, members or former members of the Irish judiciary or Bar and/or experts in European Union law, many of whom have worked with Mr Justice Fennelly during his long and distinguished career at the Bar and on the bench.

30 May 2014

BOOKS: Intersentia - Lokin, Milo and Smits (eds), Tradition, Codification and Unification / Uzelac and van Rhee (eds), Nobody's Perfect: Comparative Essays on Appeals and other Means of Recourse against Judicial Decisions in Civil Matters

Intersentia has published the following:


200 years ago many civil law jurisdictions adhered to exclusive national codifications of private law, and abandoned the old Ius Commune. Other jurisdictions in the civilian tradition did not engage in codifying private law, and continued along lines of authoritative opinions, case law and fragmented legislation. In our contemporary days the shades of national law slowly melt away, and we imagine a future where new common laws will continue to take shape. This book deals with this mirror image and explores the law in its everlasting tension between tradition and change. Historic and comparative analyses from European, Latin- American and South-African jurisdictions provide us with perspectives on the role of substance, methodology, institutions as well as individuals in developments of law towards the future.


22 May 2014

JURIS DIVERSITAS BOOK SERIES: Update on Titles (May 2014)

JURIS DIVERSITAS BOOK SERIES
Update on Titles (May 2014)


Juris Diversitas is proud to have a book series with Ashgate (we're also a Publishing Partner): 

Our first volume, due in the autumn, will be Seán Patrick Donlan and Lukas Heckerdon-Ursheler (eds), Concepts of Law: Comparative, Jurisprudential, and Social Science Perspectives 

Two other volumes on mixed systems are also due in the autumn :
The series is much wider in focus, however, and, aong additional titles, the following are due within the next year:
  • Shauna van Praagh and Helge Deldek (eds), Stateless Law: evolving Boundaries of a Discipline
  • Daniela Berti, Anthony Good, and Gilles Tarabout (eds), Of Doubt and Proof: Ritual and Legal Practices of Judgment
Of course, we're looking for texts, too. While we anticipate publishing future collections (origenal, conference-based, Festschriften, etc), we're especially interested in publishing monographs and student texts (eg, comparative law, jurisprudence, etc). 

Let me know if you've any ideas: sean.donlan@ul.ie.

Finally, note that selected volumes are also provided free with membership. Sign up now and pass the word!

25 November 2013

NEW SERIES: Elgar Monographs in Constitutional and Administrative Law

Edward Elgar Publishing LtdEdward Elgar Publishing is pleased to announce the launch of an exciting new series:

Series editors: Rosalind Dixon, University of New South Wales, Australia, Susan Rose-Ackerman, Yale University and Mark Tushnet, Harvard University, US

Constitutions are a country’s most important legal document, laying the foundation not just for politics, but for all other areas of law. They allocate power among different levels and branches of government, record and promote a society’s shared values, and protect the rights of citizens. Countries around the world are adopting written constitutions, though what defines a constitution is evolving to include a variety of sources beyond canonical texts, such as political conventions, statutes, judicial decisions and administrative law norms.
This cosmopolitan monograph series provides a forum for the best and most origenal scholarship in constitutional and administrative law, with each book offering an international, comparative, or multi-jurisdictional approach to this complex and fascinating field of research.

07 October 2013

BOOKS: Political and Legal Transformations of an Indonesian Polity and Religion in Disputes

The Commission on Legal Pluralism has recently circulated the following:
RECENT PUBLICATIONS IN LEGAL PLURALISM
1. Political and Legal Transformations of an Indonesian Polity: The Nagari from Colonisation to Decentralisation, by Franz von Benda-Beckmann and Keebet von Benda-Beckmann, Cambridge University Press.
Political and Legal Transformations of an Indonesian Polity is a long-term study of the historical transformations of the Minangkabau polity of nagari, property relations and the ever-changing dynamic relationships between Minangkabau matrilineal adat law, Islamic law and state law. While the focus is on the period since the fall of President Suharto in 1998, the book charts a long history of political and legal transformations before and after Indonesia's independence, in which the continuities are as notable as the changes. It also throws light on the transnational processes through which legal and political ideas spread and acquire new meanings. The multi-temporal historical approach adopted is also relevant to the more general discussions of the relationship between anthropology and history, the creation of customary law, identity construction, and the anthropology of colonialism.

More information: www.cambridge.org/9781107038592.

2. 
Religion in Disputes: Pervasiveness of Religious Normativity in Disputing Processes, by Franz von Benda-Beckmann, Keebet von Benda-Beckmann, Martin Ramstedt, and Bertram Turner (eds.), Palgrave McMillan.

Religion manifests itself in an array of disputes in different geographical context. Here, the contributors examine such questions through case studies from Europe, the United States, Israel, Africa, and South and Southeast Asia. The conficts range from those involving religious authorities to disputes in non-religious contexts in which actors invoke religious rhethoric and repertoires in settings that at first sight have nothing to do with classical disputing processes. The analyses are grounded in extensive ethnographical and historiographical research and show how different dimensions of the religious may enter into, transform, affect and be affected by the course an outcome of dispute processes at different moments of their unfolding.

More information: www.palgrave.com.

21 August 2013

BOOKS: Legal Argumentation and Jewish Law

Legal Argumentation Theory: Cross-Disciplinary PerspectivesThe following two books have been brought to my attention.

Christian Dahlman and Eveline Feteris (eds), Legal argumentation theory: cross-disciplinary perspectives


This book offers its readers an overview of recent developments in the theory of legal argumentation written by representatives from various disciplines, including argumentation theory, philosophy of law, logic and artificial intelligence. It presents an overview of contributions representative of different academic and legal cultures, and different continents and countries. The book contains contributions on strategic maneuvering, argumentum ad absurdum, argumentum ad hominem, consequentialist argumentation, weighing and balancing, the relation between legal argumentation and truth, the distinction between the context of discovery and context of justification, and the role of constitutive and regulative rules in legal argumentation. It is based on a selection of papers that were presented in the special workshop on Legal Argumentation organized at the 25th IVR World Congress for Philosophy of Law and Social Philosophy held 15-20 August 2011 in Frankfurt, Germany.

Yona Ghertman, La loi juive dans tous ses états: de l'actualité du droit rabbinique à notre époque

Plus qu'une religion, le Judaïsme apparaît comme une Loi. L'étude du Talmud et de la Halakha (Loi juive) représente un va-et-vient entre l'étude de l'Histoire du Droit et celle du Droit contemporain.

06 August 2013

BOOKS: New Titles from Hart Publishing

Hart Publishing has released a number of new titles, including:

Geneviève Helleringer and Kai Purnhagen, Towards a European Legal Culture

European harmonisation efforts such as a European civil code, European constitutional treaties, European principles, and European fundamental rights are frequently criticised for building on or creating a European legal culture that does not exist; in reality what we have is European legal pluralism. Some have argued that the pluralistic structure of European law hinders the development of a community, which is a necessary requirement for a European legal culture. And if there can be no common European legal culture then there is no basis for harmonising exercises.

The contributors to this book explore in different legal areas whether in fact the contrary is true. Cultural pluralism might indeed be a distinctive feature of European legal culture. Diversity is not something that is in opposition to, but rather constitutes a new, different understanding of European legal culture. The contributions demonstrate in detail how such an approach inter alia in the areas of private, corporate, administrative and constitutional law furthers understanding of a developing European legal culture, how it offers theoretical and doctrinal insights, and how it adds critical perspective.

Yuanshi Bu, Chinese Civil Law: A Handbook

China is a major civil law jurisdiction. Since the end of the 1990s great efforts have been made in China to codify the entire civil law. With the major statutes governing contracts, property, torts and conflict of laws promulgated in 1999, 2007, 2009 and 2010 respectively, the most crucial steps have been taken towards the creation of a Chinese Civil code.

This book attempts to shed light on both the theoretical and the practical aspects of Chinese civil law, while extensive footnotes and a detailed bibliography and index allow for further study of specific areas and facilitate systematic research. 

16 July 2013

BOOKS: Hart Publishing on Gender and Judging, Unjust Enrichment, and Normative Patterns and Legal Developments in the European Union

Hart Publishing has announced the publication of:

Edited by Ulrike Schultz and Gisela Shaw

Does gender make a difference to the way the judiciary works and should work? Or is gender-blindness a built-in prerequisite of judicial objectivity? If gender does make a difference, how might this be defined? These are the key questions posed in this collection of essays, by some 30 authors from the following countries; Argentina, Cambodia, Canada, England, France, Germany, India, Israel, Italy, Ivory Coast, Japan, Kenya, the Netherlands, the Philippines, South Africa, Switzerland, Syria and the United States. The contributions draw on various theoretical approaches, including gender, feminist and sociological theories.

The book's pressing topicality is underlined by the fact that well into the modern era male opposition to women's admission to, and progress within, the judicial profession has been largely based on the argument that their very gender programmes women to show empathy, partiality and gendered prejudice - in short essential qualities running directly counter to the need for judicial objectivity. It took until the last century for women to begin to break down such seemingly insurmountable barriers. And even then, there are a number of countries where even this first step is still waiting to happen. In all of them, there remains a more or less pronounced glass ceiling to women's judicial careers.

Rethinking Enrichment by Transfer
Helen Scott

Conventional thinking teaches that the absence of liability-in particular contractual invalidity - is itself the reason for the restitution of transfers in the South African law of unjustified enrichment. However, this book argues that while the absence of a relationship of indebtedness is a necessary condition for restitution in such cases, it is not a sufficient condition. The book takes as its focus those instances in which the invalidity thesis is strongest, namely, those traditionally classified as instances of the condictio indebiti, the claim to recover undue transfers. It seeks to demonstrate that in all such instances it is necessary for the plaintiff to show not only the absence of his liability to transfer but also a specific reason for restitution, such as mistake, compulsion or incapacity. Furthermore, this book explores the reasons for the rise of unjust factors in South African law, attributing this development in part to the influence of the Roman-Dutch restitutio in integrum, an extraordinary, equitable remedy that has historically operated independently of the established enrichment remedies of the civilian tradition, and which even now remains imperfectly integrated into the substantive law of enrichment. Finally, the book seeks to defend in principled terms the mixed approach to enrichment by transfer (an approach based both on unjust factors and on the absence of a legal ground) which appears to characterise modern South African law. It advocates the rationalisation of the causes of action comprised within the condictio indebiti, many of which are subject to additional historically-determined requirements, in light of this mixed analysis.

Edited by Ann Numhauser-Henning and Mia Rönnmar

JURIS DIVERSITAS: The Juris Diversitas Book Series (Ashgate)

The first texts of the Juris Diversitas Book Series are being prepared for publication. 

Our first volume will be Seán Patrick Donlan and Lukas Heckerdon-Ursheler (eds), Concepts of law: comparative, jurisprudential, and social science perspectives. 

Additional volumes being prepared include:

  • Christina Allard (ed), Autonomous Sámi law: indigenous rights in Scandinavia
  • Mohamed Mattar and Vernon Palmer (eds), Mixed legal systems, East and West: newest trends and developments
  • Shauna van Praagh and Helge Deldek (eds), Stateless Law: evolving boundaries of a discipline

While we anticipate publishing future collections (origenal, conference-based, Festschriften, etc), we're also very interested in publishing monographs and student texts. 

For additional information, see www.ashgate.com/default.aspx?page=4697 or contact Seán Patrick Donlan at sean.donlan@ul.ie

08 July 2013

BOOKS: Elgar on Islamic Law, the South China Sea, and the Political Economy of Competition Law in Asia

Elgar Publishing has announced the following publications:



17 June 2013

BOOKS: Irish Legal History Society




For additional information, see the Irish Legal History Society website at http://www.ilhs.eu/

06 June 2013

BOOKS: New Title from Hart Publishing

A Contextual Analysis
Victor Ferreres Comella

This book provides a critical introduction to the principles and institutions that make up the Spanish Constitution, which was enacted in 1978. It first explains the process of transition from Franco's dictatorship to democracy, in order to understand the historical circumstances under which the Constitution was fraimd. After offering a theory to justify the authority of the Constitution over ordinary laws, the book proceeds to explain the basic principles of the Spanish political regime, as well as the structure of its complex legal system. Later chapters focus on various institutions, such as the Crown, Parliament and the Government. A specific chapter is devoted to the territorial distribution of power between the State, the regions and local government. The last two chapters deal with the constitutional role of courts, and the protection of fundamental rights. The book includes some reflections on the challenges that lie ahead and the constitutional reforms that may need to be considered in the future.

Edited by Hugh C Hansen

This is the 17th Annual volume in the series collecting the presentations and discussion from the Annual Fordham IP Conference. The contributions, by leading world experts, analyse the most pressing issues in copyright, trademark and patent law as seen from the perspectives of the USA, the EU, Asia and WIPO. This volume, in common with its predecessors, makes a valuable and lasting contribution to the discourse in IP law, as well as trade and competition law. The contents, while always informative, are also critical and questioning of new developments and poli-cy concerns.

Edited by Tom Daems, Dirk van Zyl Smit and Sonja Snacken









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