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Books > Law > Laws of other jurisdictions & general law > Civil law (general works)

Outline of Roman History from Romulus to Justinian (1890) - (Including Translations of the Twelve Tables, the Institutes of... Outline of Roman History from Romulus to Justinian (1890) - (Including Translations of the Twelve Tables, the Institutes of Gaius, and the Institutes of Justinian), With Special Reference to the Growth, Development and Decay of Roman Jurisprudence (Hardcover)
David Nasmith
R1,129 Discovery Miles 11 290 Ships in 10 - 15 working days
Patents as Protection of Traditional Medical Knowledge? - A Law and Economics Analysis (Paperback, New): Petra Ebermann Patents as Protection of Traditional Medical Knowledge? - A Law and Economics Analysis (Paperback, New)
Petra Ebermann
R1,910 Discovery Miles 19 100 Ships in 12 - 19 working days

The protection of traditional knowledge and the practices of local and indigenous groups have been discussed in various forums in recent times. International agreements - such as the Convention on Biological Diversity - address the importance of protecting traditional knowledge and practices, recognizing that this knowledge bears immense value in terms of its contribution to the conservation of biological diversity and its inputs to research and development in various fields. Experiences of the past - for example, the use of the Neem tree and the Turmeric plant - show that the benefits of traditional knowledge applications are allocated mainly to the follow-on developers and rarely to the original suppliers of the knowledge and practices. In the long term, this may result in restricted access to traditional knowledge to the detriment of social welfare. This book examines traditional knowledge protection in the area of traditional medical knowledge, which is often utilized in contemporary medicine and, consequently, is subject to patent protection. The book provides a comparative view of the current patent regimes in major economies - specifically the US and the EU - and the consequences of the application of these laws to traditional medical knowledge and follow-on innovation, as well as the impact on underlying economic principles and opposing interests. The economic analysis of law is used to evaluate the current situation by comparing the effects of adapted patent regimes to alternative liability regimes or contractual agreements. This comparative and interdisciplinary approach gives valuable insights and inputs for future discussion. (Series: European Studies in Law and Economics - Vol. 10)

The Legitimacy of Standardisation as a Regulatory Technique - A Cross-disciplinary and Multi-level Analysis (Hardcover):... The Legitimacy of Standardisation as a Regulatory Technique - A Cross-disciplinary and Multi-level Analysis (Hardcover)
Mariolina Eliantonio, Caroline Cauffman
R3,673 Discovery Miles 36 730 Ships in 12 - 19 working days

This timely book examines the field of European and global standardisation, showing how standards give rise to a multitude of different legal questions. Each chapter offers in-depth analysis of a number of key policy areas such as food safety, accounting, telecommunications and medical devices. These multi-disciplinary contributions go beyond the field of law, and provide cross-disciplinary comparisons. Demonstrating how standards enter the European legal system in a variety of ways, the book studies their relevance for public and private law alike. While the trade advantages of using standards in regulation are undeniable, the contributors elucidate how standard-setting processes have departed from the purely private realm to enter the stage of public regulation. This inevitably raises the issue of whether standardisation is supported by sufficient legitimacy guarantees. The contributions provide valuable insights to answering this question, highlighting cross-cutting reflections on the topic, and case studies on specific policy areas. This analytical book will be of interest to students and scholars researching in the fields of EU and global standardisation, EU law and trade law. It will also be a useful resource for practitioners focusing on regulation and standardisation. Contributors include: D. Bevilacqua, M. Cantero Gamito, C. Cauffman, P. Cuccuru, M. De Bellis, M. Eliantonio, M. Faure, M. Gerardy, C. Glinski, N. Philipsen, S. Roettger-Wirtz, P. Rott, S. Schoenmaekers, L. Senden, B. Van Leeuwen, A. Volpato

Festgabe Fa1/4r Werner Flume - Zum 90. Geburtstag (English, German, Hardcover): Horst H Jakobs, Eduard Picker, Jan Wilhelm Festgabe Fa1/4r Werner Flume - Zum 90. Geburtstag (English, German, Hardcover)
Horst H Jakobs, Eduard Picker, Jan Wilhelm; Contributions by H H Jakbobs, E Picker, …
R1,596 Discovery Miles 15 960 Ships in 12 - 19 working days

Mit BeitrAgen zum RAmischen Recht in Antike und Mittelalter, zum geltenden Zivil- und Steuerrecht sowie zu den Grundlagen der Rechtsidee ehren Horst Heinrich Jakobs, Eduard Picker, Jan Wilhelm, Wolfgang Ernst, Rainer HA1/4ttemann und Wolfgang SchAn den Lehrer Werner Flume aus AnlaA seines 90. Geburtstages. Zum Inhalt: Horst Heinrich Jakobs, Studien zur Geschichte des Textes der glossa ordinaria; Eduard Picker, MenschenwA1/4rde und Menschenleben - Zum Auseinanderdriften zweier fundamentaler Werte als Ausdruck moderner Tendenzen zur Relativierung des Menschen; Jan Wilhelm, Irrtum A1/4ber rechtliche Eigenschaften und Kauf - 50 Jahre "Eigenschaftsirrtum und Kauf" von Werner Flume; Wolfgang Ernst, Die Vorgeschichte der exceptio non adimpleti contractus; Rainer HA1/4ttemann, Der Grundsatz der VermAgenserhaltung im Stiftungsrecht; Wolfgang SchAn, Die verdeckte GewinnausschA1/4ttung - eine Bestandsaufnahme.

School Law for the Practitioner (Hardcover): Edward C. Green, Robert O'Reilly School Law for the Practitioner (Hardcover)
Edward C. Green, Robert O'Reilly
R2,801 Discovery Miles 28 010 Ships in 10 - 15 working days

This volume combines both the broader and narrower aspects of school-related law to provide increased understanding of the legal realities and responsibilities of American teachers and administrators. The book depicts the flow of authority in American polity, from the national level in the Constitution's grant of power in the Tenth Amendment to the local level in the development of policy by local school boards. Selected statutes and cases provide a framework of national rulings on educational matters, but the emphasis is on the role of the state as the critical force in decision making for schools. This book is pragmatic, rather than theoretical, and is aimed at the practitioner. Citations provide ready reference for dealing with daily problems that may have legal ramifications.

Judicial Decision Making - Is Psychology Relevant? (Hardcover, 1999 ed.): Lawrence S Wrightsman Judicial Decision Making - Is Psychology Relevant? (Hardcover, 1999 ed.)
Lawrence S Wrightsman
R3,034 Discovery Miles 30 340 Ships in 10 - 15 working days

In the mid-1970s, as a social psychologist dedicated to the application of knowl edge, I welcomed our field's emerging interest in the legal system. I have al ways been fascinated by jury trials-something about the idea that two con ceptions of the truth were in irrevocable conflict and jurors could choose only one of them. More important, the criminal justice system is a major social force that has been ignored by social psychologists for most of the twentieth century. As I systematically began to explore the applications of social psycho logical concepts to the law 20 years ago, I experienced the delight of discovery similar to that of a child under a Christmas tree. It has been satisfying to be among the cohort of researchers who have studied the legal system, especially trial juries, from a psychological perspective. I believe we have learned much that would be useful if the system were to be revised. Hlf the system were to be revised" . . . there's the rub. As I have stated, my original motivation was the application of knowledge. Like other social scien tists, I believed-perhaps arrogantly-that the results of our research efforts could be used to make trial juries operate with more efficiency, accuracy, and satisfaction. Qver the last two decades, much knowledge has accumulated. How can we put this knowledge to work? Judges are the gatekeepers of the legal system."

Revisiting Procedural Human Rights - Fundamentals of Civil Procedure and the Changing Face of Civil Justice (Paperback): Alan... Revisiting Procedural Human Rights - Fundamentals of Civil Procedure and the Changing Face of Civil Justice (Paperback)
Alan Uzelac, C.H.Van Rhee; Contributions by Alan Uzelac, C.H.Van Rhee, Ales Galic, …
R2,250 Discovery Miles 22 500 Ships in 12 - 19 working days

Based on the wish to reopen an international comparative discussion on fundamental notions of civil procedure, this book offers a number of insights into procedural human rights from different jurisdictions and different points of view.

First among Friends - Interest Groups, the U.S. Supreme Court, and the Right to Privacy (Hardcover): Suzanne U Samuels First among Friends - Interest Groups, the U.S. Supreme Court, and the Right to Privacy (Hardcover)
Suzanne U Samuels
R2,787 Discovery Miles 27 870 Ships in 10 - 15 working days

In the last several decades, there has been an explosion in the number of amici curiae, or "friend of the Court," briefs filed with the U.S. Supreme Court. Amici are not formal parties to a lawsuit, but file to help inform the Justices about the wider repercussions of the case before them. Public law scholars have long discussed whether these briefs have an impact on the Justices. This book is the first study that seeks to assess the extent of amici influence. This work examines the role of interest groups in the creation and interpretation of the right to privacy, a highly controversial right that derived almost entirely from case law. It looks at amici participation in abortion, aid in dying, family relationships, and anti-sodomy cases. This volume tracks the influence of amici arguments and data on the Justices' handling of these cases.

Mediation and Commercial Contract Law - Towards a Comprehensive Legal Framework (Paperback): Maryam Salehijam Mediation and Commercial Contract Law - Towards a Comprehensive Legal Framework (Paperback)
Maryam Salehijam
R1,315 Discovery Miles 13 150 Ships in 12 - 19 working days

There is an urgent need to better understand the legal issues pertaining to alternative dispute resolution (ADR), particularly in relation to mediation clauses. Despite the promotion of mediation by dispute resolution providers, policy makers, and judges, use of mediation remains low. In particular, problems arise when parties lack certainty regarding the legal effect of a mediation clause, and the potential uncertainty regarding the binding nature of agreements to pursue mediation is problematic and threatens the growth of ADR. This book closely examines the importance and complexity of mediation clauses in commercial contracts to remedy this persistent uncertainty. Using comparative law methods and detailed empirical research, it explores the creation of a comprehensive framework for the mediation clause. Providing valuable insight into the process of ADR and mediation, this book will be of interest to academics, law makers, law students, in-house council, lawyers, as well as parties interesting in drafting enforceable mediation clauses.

Access to Justice - A Critical Analysis of Recoverable Conditional Fees and No Win No Fee Funding (Hardcover): J. Peysner Access to Justice - A Critical Analysis of Recoverable Conditional Fees and No Win No Fee Funding (Hardcover)
J. Peysner
R3,444 Discovery Miles 34 440 Ships in 12 - 19 working days

This book addresses an experiment in funding money damage claims in England from 2000 to 2013. The model - recoverable conditional fees - was unique and has remained so. It covers the development, amendment and effective abolition of the model, as well as the process of policy development and the motivation and objectives of the policy makers.

Research Handbook on Unjust Enrichment and Restitution (Hardcover): Elise Bant, Kit Barker, Simone Degeling Research Handbook on Unjust Enrichment and Restitution (Hardcover)
Elise Bant, Kit Barker, Simone Degeling
R6,962 Discovery Miles 69 620 Ships in 12 - 19 working days

This comprehensive yet accessible Research Handbook offers an expert guide to the key concepts, principles and debates in the modern law of unjust enrichment and restitution. Written by leading experts drawn from a wide range of common law, civilian and mixed jurisdictions, chapters cover the complex history, scope and philosophical foundations of the subject, its organisational structure, main liability principles, defences and remedies. Utilising a broad array of legal authority and academic commentary, contributors engage with the key concepts and debates in a way that offers a direct route into the field for new researchers, as well as a source of original thinking for those already familiar with the subject. Throughout, the learning of both civilian and common law legal systems is juxtaposed and integrated, offering useful comparative insights and lessons for the future development of this still young, but critically important field of law. Engaging and thought provoking, the Research Handbook on Unjust Enrichment and Restitution will prove indispensable to academics and researchers in the field of private and commercial law. Judges and practitioners will also have much to gain from the clear presentation of authorities, principles and useful comparative perspectives. Contributors include: E. Bant, K. Barker, K. Barnett, M. Bryan, A. Burrows, M. Chen-Wishart, H. Dagan, S. Degeling, J. Gordley, R. Grantham, R. Gregson, B. Hacker, L. Ho, D. Ibbetson, D. Klimchuk, T. Krebs, A. Kull, R. Leow, T. Liau, M. McInnes, C. Mitchell, C. Rotherham, H. Scott, G. Virgo, S. Watterson, E. Weinrib, C. Wonnell, T.H. Wu

Key Facts Evidence (Paperback, 3rd edition): Emma Washbourne Key Facts Evidence (Paperback, 3rd edition)
Emma Washbourne
R1,235 Discovery Miles 12 350 Ships in 12 - 19 working days

Key Facts is the essential revision series for anyone studying law, including LLB, ILEX and post-graduate conversion courses. The Key Facts series provides the simplest and most effective way for you to absorb and retain the essential facts needed to pass your exams effortlessly. Key features include diagrams at the start of chapters to summarise the key points, structured heading levels to allow for clear recall of the main facts, and charts and tables to break down more complex information. New to these editions is an improved text design making the books easier to read and the facts easier to retain. Key Facts books are supported by the website www.UnlockingTheLaw.co.ukwhere you will find extensive revision materials including multiple choice questions in addition to a questions and answers section.

Unlocking the Law of Evidence (Paperback, 4th edition): Charanjit Singh Unlocking the Law of Evidence (Paperback, 4th edition)
Charanjit Singh
R1,218 Discovery Miles 12 180 Ships in 9 - 17 working days

Clear and accessible writing style which is concise without oversimplification is ideal for those who are looking for a straightforward, easy-to-follow textbook on the Law of Evidence in England and Wales Contains numerous extracts from cases and judgments framed by author commentary, presenting students with a wide range of legal authority Utilises an innovative suite of pedagogic tools to support learning and develop understanding of the law, preparing students for assessment New chapter on evidence in arbitral tribunals and additional practice tips, as well as full updates to case law throughout.

The Identity of German and Japanese Civil Law in Comparative Perspectives / Die Identitat des deutschen und des japanischen... The Identity of German and Japanese Civil Law in Comparative Perspectives / Die Identitat des deutschen und des japanischen Zivilrechts in vergleichender Betrachtung (Hardcover, Reprint 2011)
Zentaro Kitagawa, Karl Riesenhuber
R3,481 R3,140 Discovery Miles 31 400 Save R341 (10%) Ships in 10 - 15 working days

Developments of the law in Japan and in Germany provide ample reason for an inquiry into "The Identity of Japanese and German Civil Law". Japanese civil law has a long tradition of absorbing and digesting foreign influences, - in particular from Germany, France, England and the United States. The absorption of foreign influences occurred on various levels: at the legislative level, in particular during the drafting process of the Civil Code, at the judicial level and in the field of scholarship. The reception of legal theories was followed by a unique process that has been characterised as "theory reception" (Kitagawa). Irrespective of such foreign influences, we can discern a unique legal tradition in Japan - in other words, its own identity. At the same time, German private law is under the influence of legal harmonisation in the EU. While the predominant view in the 1980's was still that this development was confined to a restricted area - that of "consumer law" - recent developments demonstrate that European Union legislation now influences large parts of German civil law. What does this mean in terms of the identity of German civil law? And how does this development of a "Europeanization" of German civil law affect related legal systems, such as that of Japan? The present volume contains the proceedings of a conference held in Japan in 2006 to mark the occasion of the "Germany Year in Japan". In their contributions, Japanese scholars discuss the various influences on Japanese law; German scholars enquire into the Europeanization of German private law; and finally, the identity of Japanese civil law is discussed from the perspectives of German civil law and of common law.

The Presumption of Innocence in International Human Rights and Criminal Law (Paperback): Michelle Coleman The Presumption of Innocence in International Human Rights and Criminal Law (Paperback)
Michelle Coleman
R1,357 Discovery Miles 13 570 Ships in 9 - 17 working days

This book provides a comprehensive analysis of the presumption of innocence from both a practical and theoretical point of view. Throughout the book a framework for the presumption of innocence is developed. The book approaches the right to presumption of innocence from an international human rights perspective using specific examples drawn from international criminal law. The result is a framework for understanding the right that is grounded in human rights law. This framework can then be applied across different national and international systems. When applied, it can help determine when the presumption of innocence is being infringed upon, eroded, violated, and ensure that the presumption of innocence is protected. The book is an essential resource for students, academics and practitioners working in the areas of human rights, criminal law, international criminal law, and evidence. The themes also have a more general application to national jurisdictions and legal theory.

Public and Private Enforcement of Securities Laws - The Regulator and the Class Action in Australia's Continuous... Public and Private Enforcement of Securities Laws - The Regulator and the Class Action in Australia's Continuous Disclosure Regime (Hardcover)
Michael Legg
R3,115 Discovery Miles 31 150 Ships in 9 - 17 working days

This book undertakes unique case studies, including interviews with participants, as well as empirical analysis, of public and private enforcement of Australian securities laws addressing continuous disclosure. Enforcement of laws is crucial to effective regulation. Historically, enforcement was the province of a government regulator with significant discretion (public enforcement). However, more and more citizens are being expected to take action themselves (private enforcement). Consistent with regulatory pluralism, public and private enforcement exist in parallel, with the capacity to both help and hinder each other, and the achievement of the goals of enforcement in a range of areas of regulation. The rise of the shareholder class action in Australia, backed by litigation funding or lawyers, has given rise to enforcement overlapping with that of the government regulator, the Australian Securities and Investments Commission. The ramifications of overlapping enforcement are explained based on detailed analysis. The analysis is further bolstered by the regulator's approach to enforcement changing from a compliance orientation to a "Why not litigate?" approach. The analysis and ramifications of the Australian case studies involve matters of regulatory theory and practice that apply across jurisdictions. The book will appeal to practitioners, regulators and academics interested in regulatory policy and enforcement, and the operation of regulators and class actions, including their interaction.

The Decline and Fall of the Supreme Court - Living Out the Nightmares of the Federalists (Hardcover, New): Christophe Faille The Decline and Fall of the Supreme Court - Living Out the Nightmares of the Federalists (Hardcover, New)
Christophe Faille
R2,771 Discovery Miles 27 710 Ships in 10 - 15 working days

"The Decline and Fall of the Supreme Court" examines the contemporary work of the U.S. Supreme Court and the advice and consent role of the Senate with regard to nominees to the Court. After presenting historical background on the intentions of the federalists and 20th-century jurisprudence, the work describes the baleful effects of the recent theory known as legal realism. The author examines the most dramatic of those effects--the polarized, polarizing, and partisan confirmation hearings with which the United States has become familiar--beginning with Abe Fortas and culminating with Robert Bork and Clarence Thomas. This study will be of interest to scholars and laypeople in American history, political science, and law.

Principles of European Family Law Regarding Parental Responsibilities (Paperback): Katharina Boele-Woelki, Frederique Ferrand,... Principles of European Family Law Regarding Parental Responsibilities (Paperback)
Katharina Boele-Woelki, Frederique Ferrand, Cristina Gonzalez-Beilfuss, Maarit Jantera-Jareborg, Nigel Lowe, …
R1,957 Discovery Miles 19 570 Ships in 12 - 19 working days

The Principles of European Family Law which are drafted by the CEFL are aimed at contributing to the harmonisation of family law in Europe. They may thus be used as a frame of reference. The first set of Principles in the field of Divorce and Maintenance Between Former Spouses was launched in 2004. This book contains the Principles Regarding Parental Responsibilities. In these Principles, the CEFL has developed a comprehensive and original set of rules in the field of parental responsibilities based on respect for the rights of the child, non-discrimination and, as far as possible, self-determination. In their provisions on specific issues the Principles opt for solutions which seem to be workable and shall avoid unnecessary hardship and disputes.

New Directions in European Public Law (Hardcover): Jack Beatson, Professor Paul Matthews New Directions in European Public Law (Hardcover)
Jack Beatson, Professor Paul Matthews
R4,234 Discovery Miles 42 340 Ships in 12 - 19 working days

This collection of essays arises from two symposia held by the University of Cambridge's Centre for Public Law and Centre for European Legal Studies in the winter and spring of 1997. It presents an analysis of a cluster of issues arising in the EU public law arena but naturally falls into two interrelated but distinct parts. The first part deals with issues of liability in public law and the availability of remedies in EC and domestic law. The second part deals with EU public law on a broader canvas,by examining the phenomenon of cross-fertilization among national legal systems in Europe and between national systems and EU law. The book also examines the judgment of the Divisional Court of 31 July 1997 in R v. Secretary of State for Transport ex parte Factortame Ltd and the post-Francovich judgments in Palmisani, Maso and Bonifaci delivered by the Court of Justice on 10 July 1997. Contributors: John Allison, Jack Beatson, John Bell, Paul Craig, Piet Eeckhout, Ivan Hare, Mark Hoskins, Peter Oliver, Eivind Smith, Luisa Torchia, Takis Tridimas, Walter van Gerven.

Private Ratings, Public Regulations - Credit Rating Agencies and Global Financial Governance (Hardcover): A. Kruck Private Ratings, Public Regulations - Credit Rating Agencies and Global Financial Governance (Hardcover)
A. Kruck
R1,525 Discovery Miles 15 250 Ships in 10 - 15 working days

Credit rating agencies play a powerful and contentious role in the governance of global financial markets. Introducing an original framework for delegating political authority to private actors, this book explains common trends in the regulatory use of private ratings for public purposes and analyzes regulatory changes after the Financial Crisis.

The Law of Evidence in Civil Cases; Volume III (Hardcover): Burr W Jones The Law of Evidence in Civil Cases; Volume III (Hardcover)
Burr W Jones
R1,310 Discovery Miles 13 100 Ships in 10 - 15 working days
Race and the Jury - Racial Disenfranchisement and the Search for Justice (Hardcover, 1993 ed.): Hiroshi Fukurai, Edgar W.... Race and the Jury - Racial Disenfranchisement and the Search for Justice (Hardcover, 1993 ed.)
Hiroshi Fukurai, Edgar W. Butler, Richard Krooth
R3,022 Discovery Miles 30 220 Ships in 10 - 15 working days

In this timely volume, the authors provide a penetrating analysis of the institutional mechanisms perpetuating the related problems of minorities' disenfranchisement and their underrepresentation on juries.

The Cambridge Companion to European Union Private Law (Hardcover, New): Christian Twigg-Flesner The Cambridge Companion to European Union Private Law (Hardcover, New)
Christian Twigg-Flesner
R3,413 Discovery Miles 34 130 Ships in 12 - 19 working days

The emergence of EU Private Law as an independent legal discipline is one of the most significant developments in European legal scholarship in recent times. In this 2010 Companion, leading scholars provide a critical introduction to the subject's key areas, while offering original and thought-provoking comment on the field. In addition to several chapters on consumer law topics, the collection has individual chapters on commercial contracts, competition law, non-discrimination law, financial services and travel law. It also discusses the wider issues concerning EU Private Law, such as its historical evolution, the role of comparative law, language and terminology, as well as the implications of the Common Frame of Reference project. A useful 'scene-setting' introduction and further reading arranged thematically make this important publication the student's and scholar's first port of call when exploring the field.

Why Lawsuits are Good for America - Disciplined Democracy, Big Business, and the Common Law (Hardcover): Carl T Bogus Why Lawsuits are Good for America - Disciplined Democracy, Big Business, and the Common Law (Hardcover)
Carl T Bogus
R3,105 Discovery Miles 31 050 Ships in 10 - 15 working days

"Bogus uses product liability cases --common law cases-- to show how lawsuits, or even the threat of lawsuits, have made businesses change the way they operate, to the benefit of society."
--"Journal of the West"

"Compelling . . . Bogus presents a persuasive corrective to the distorted and factually incorrect arguments of those who seek to prevent victims from shifting the cost of accidents and injuries to responsible wrongdoers. If any book was needed to contribute to that side of the national debate, this is the one."
--"Bar Reporter"

"A sophisticated study that makes an important contribution to discussions of the civil justice system"
--"Trial"

"Debunks the horror stories about irrational punitive-damage awards . . . Bogus's convincing, sustained argument will make a useful contribution to an important national debate."
--"Publishers Weekly"

"Compelling arguments. . . . This book provides an important perspective on a timely issue, and its engaging style makes it suitable for a broad audience."
--"Harvard Law Review"

Judging by the frequency with which it makes an appearance in television news shows and late night stand up routines, the frivolous lawsuit has become part and parcel of our national culture. A woman sues McDonald's because she was scalded when she spilled her coffee. Thousands file lawsuits claiming they were injured by Agent Orange, silicone breast implants, or Bendectin although scientists report these substances do not cause the diseases in question. The United States, conventional wisdom has it, is a hyperlitigious society, propelled by avaricious lawyers, harebrained judges, and runaway juries. Lawsuits waste money and time and, moreover, many are simply groundless.

Carl T. Bogus is not so sure. In Why Lawsuits Are Good for America, Bogus argues that common law works far better than commonly understood. Indeed, Bogus contends that while the system can and occasionally does produce "wrong" results, it is very difficult for it to make flatly irrational decisions. Blending history, theory, empirical data, and colorful case studies, Bogus explains why the common law, rather than being outdated, may be more necessary than ever.

As Bogus sees it, the common law is an essential adjunct to governmental regulation--essential, in part, because it is not as easily manipulated by big business. Meanwhile, big business has launched an all out war on the common law. "Tort reform"--measures designed to make more difficult for individuals to sue corporations--one of the ten proposals in the Republican Contract With America, and George W. Bush's first major initiative as Governor of Texas. And much of what we have come to believe about the system comes from a coordinated propaganda effort by big business and its allies.

Bogus makes a compelling case for the necessity of safeguarding the system from current assaults. Why Lawsuits Are Good for America provides broad historical overviews of the development of American common law, torts, products liability, as well as fresh and provocative arguments about the role of the system of "disciplined democracy" in the twenty-first century.

Practical Guide to Litigation - Travers Smith Braithwaite (Hardcover, 2nd edition): Jonathan Leslie, John Kingston Practical Guide to Litigation - Travers Smith Braithwaite (Hardcover, 2nd edition)
Jonathan Leslie, John Kingston
R3,494 R2,976 Discovery Miles 29 760 Save R518 (15%) Ships in 12 - 19 working days

Against the background of Lord Woolf's interim report "Access to Justice", this text includes accounts of tactical matters and practical litigation "tips", as well as descriptions of the procedures involved. Litigation is often conducted by companies who do not have much practical experience of the processes that might be expected of them. The same applies to others who become involved in litigation without actually having to conduct the procudure as lawyers. This book is intended to give a brief, clear and comprehensive overview of litigation, arbitration and ADR in England. Intended as a comprehensive overview of litigation, arbitration and ADR in England, this guide is aimed at clients and firms who are involved in, or assist cases, who would like to understand the process better in a non-technical way but do not want to see every statement supported by authority.

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