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Books > Law > Laws of other jurisdictions & general law
What does conservatism, as a body of political thought, say about
the legal regulation of intimate relationships, and to what extent
has this thought influenced the Conservative Party's approach to
family law? With this question as its focus, this book explores the
relationship between family law, conservatism and the Conservative
Party since the 1980s. Taking a politico- and socio-legal
perspective, the discussion draws on an expansive reading of
Hansard as well as recently released archival material. The study
first sets out the political tradition of conservatism, relying
largely on the work of Edmund Burke, before going on to analyse the
discourse around the development of four crucial statutes in the
field, namely: the Matrimonial and Family Proceedings Act 1984; the
Family Law Act 1996; the Civil Partnership Act 2004; and the
Marriage (Same Sex Couples) Act 2013. This work offers the first
extended synthesis of family law, conservative political thought
and Conservative Party politics, and as such provides significant
new insight into how family law is made. Runner up of the 2020 PSA
Conservatism Studies Book Prize.
With contributions from some of the leading scholars in law and
economics, this comprehensive book summarizes the state of economic
research on litigation, procedure and evidence. Among the topics
covered are the settlement negotiations; discovery; the incentive
to sue; theories of legal evidence; evidentiary misconduct; and the
privilege against self incrimination. A valuable reference tool for
academics and post graduate students in law, business, and
economics. Anyone with a general interest how legal process does
and should work will also find much to interest them in this book.
'The second edition of Procedural Law and Economics is an expanded
and updated collection that highlights new developments and
reiterates older themes. The volume will be essential reading both
for economists who want an introduction to a core legal subject,
and for legal scholars seeking new insights into the such topics as
settlement, fee shifting, and class actions.
The current political economic system is misaligned for meeting the
global imperatives of rapidly reducing greenhouse gases and sharing
wealth more equitably. This book makes the case for a new
environmentalism that implements a systems change approach to
reorient the economy to be more sustainable, just, and democratic.
This book addresses the laws and policies needed to support the
emergence of a new economy across a variety of major areas -
including energy, food, common pool resources, and the shifting of
investments to capitalize locally-connected and mission-driven
businesses. The contributors take the approach that these
challenges are much broader than setting parameters around
pollution, and indeed go to the heart of the dominant global
political economy. The authors also explore the values needed to
transform our current economic system into a new economy supportive
of ecological integrity, social justice, and vibrant democracy. Law
and Policy for a New Economy: Sustainable, Just, and Democratic
will be of interest to academics and scholars of environmental law,
climate change, environmental studies, political ecology and
environmental economics. Contributors include: S.H. Baker, D.
Bollier, M. James, K.B. Jones, C.I. Magallanes, J. Orsi, J. Purdy,
L. Ristino, M.K. Scanlan, L. Sheehan, J.G. Speth, J. Taub, D.R.H.
Winters, M.C. Wood
Contract Modifications in EU Procurement Law provides readers with
a comprehensive overview of the process of contract modification
under European Union (EU) procurement law. The book examines the
origin of the regulations pertaining to modifications, the legal
grounds for modification and limitations under current rules. In
addition, the book outlines the legal effects of carrying out a
modification breach under EU law. Key features include: analysis of
the criteria which must be met under the EU Public Procurement
Directive (2014/24/EU) to ensure a modification is compliant with
EU law fresh examination of the EU Court of Justice's decisions in
cases relating to contract modifications and Directive 2014/24/EU
more widely consideration of contract modifications both from
practical and theoretical perspectives. This authoritative book
will be a valuable resource for professionals in both the public
and private sectors when establishing whether a given modification
can be made in practice. It will also serve as an excellent source
of knowledge about the modification of a contract in the EU for
academics in the areas of commercial and EU law.
The Common Law is Oliver Wendell Holmes' most sustained work of
jurisprudence. In it the careful reader will discern traces of his
later thought as found in both his legal opinions and other
writings. At the outset of The Common Law Holmes posits that he is
concerned with establishing that the common law can meet the
changing needs of society while preserving continuity with the
past. A common law judge must be creative, both in determining the
society's current needs, and in discerning how best to address
these needs in a way that is continuous with past judicial
decisions. In this way, the law evolves by moving out of its past,
adapting to the needs of the present, and establishing a direction
for the future. To Holmes' way of thinking, this approach is
superior to imposing order in accordance with a philosophical
position or theory because the law would thereby lose the
flexibility it requires in responding to the needs and demands of
disputing parties as well as society as a whole. According to
Holmes, the social environment--the economic, moral, and political
milieu--alters over time. Therefore in order to remain responsive
to this social environment, the law must change as well. But the
law is also part of this environment and impacts it. There is,
then, a continual reciprocity between the law and the social
arrangements in which it is contextualized. And, as with the
evolution of species, there is no starting over. Rather, in most
cases, a judge takes existing legal concepts and principles, as
these have been memorialized in legal precedent, and adapts them,
often unconsciously, to fit the requirements of a particular case
and present social conditions.
Drawing on the expertise of leading academics and practitioners,
this Research Handbook provides comprehensive analysis of the EU's
involvement in sport. Structured around the key themes used by the
EU Commission in the field of sport, namely sport in society, the
economic dimension of sport and the organization of sport, this
Research Handbook is the definitive assessment of modern EU sports
law and policy. The initial contributions explore the origins and
sources of EU sports law and policy to provide context, while the
remaining chapters address the Commission's key themes.
Contributors explore the key cases shaping EU sports law, such as
Walrave, Bosman and Meca-Medina, whilst also assessing the key
contemporary issues concerning the relationship between sport and
the EU. Demonstrating how and why sport can make a difference to
the socio-economic well-being of the EU, this Research Handbook
will be stimulating reading for sports lawyers and administrators
as well as students of sports law, sports policy and sports
business, and politicians and civil servants in this sector.
Contributors include: J. Anderson, W. Andreff, S. Boyes, A.
Cattaneo, J.-L. Chappelet, C. Coors, N. De Marco, M. de Wolff, B.
Garcia, J. Kornbeck, S. O'Conaill, L. O'Leary, R. Parrish, N.
Partington, K. Pijetlovic, S. Schenk, E. Szyszczak, A. Tsoukala, S.
Van den Bogaert, A. Vermeersch, S. Weatherill
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