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Asia-Pacific Trusts Law, Volume 3

Boundaries in Context

Studies of the Oxford Institute of European and Comparative Law

Drawing on the experience of recognised experts from across a range of different fields and jurisdictions, this landmark publication tackles default rules in private law in comparative perspective. Often underestimated, but highly influential, default rules are non-mandatory rules that kick in where nothing else has been agreed or provided. The contributions explore default rules from a variety of angles relevant to both scholarship and legal practice, including: · behavioural aspects and the role of platform terms in the digital age; · the remit and operation of defaults in different areas, ranging from contract and commercial law to succession, civil procedure and private international law; · a comparison between Common law and Civilian approaches as well as the EU level; · the perspectives of different 'players' engaged in the generation and application of default rules.

Default Rules in Private Law

This book offers the first ever in-depth analysis of the emerging constitutionalism in South Sudan and the challenges it faces. The book critically analyses the constitution-making processes that occurred in South Sudan between 2005 and 2011, finding, among other things, that there was a failure of constitutional discourse, particularly in relation to the 2011 drafting process of the Transitional Constitution. It goes on to analyse how the constitution is being implemented. It finds that, despite the clear division of powers and functions between the national government and the sub-national governments, what has emerged in South Sudan in the post-constitution-making period is a form of coercive centralism where the national government controls much of the political decision-making process. This has had serious implications for democracy, constitutionalism, and the rule of law. Finally, bearing in mind the failure in both how the transitional constitution was made and how it is being implemented, the book undertakes a critical analysis of the proposed process for drafting a new constitution for South Sudan. It identifies serious shortcomings and proposes how these could be addressed to enhance the process.

Challenges and Opportunities

Emerging Constitutionalism in South Sudan

Hart Studies in Constitutional Theory

This book challenges the near-universal acceptance of a US-style, Western constitutional paradigm as the best basis for comparative constitutional studies. It does so on three main grounds: anachronism, 'othering' and cultural specificity. Main pillars of 'convergent constitutional theory' are rooted in the revolutionary, late-eighteenth century - a lost world; constitutional arrangements that deviate from the paradigm are often branded as 'outliers' or even as not constitutional at all; and the foundations of the paradigm in liberal democracy give no space for other forms of constitutionalism. Whatever the attractions of convergent theory as a normative ideal of good government, for the purposes of understanding, analysing and explaining constitutional systems it is far from ideal. This book discusses and questions: convergent theory's weddedness to writing as the technology of constitution-making; its image of a constitution as fundamental law; its idea that a constitution expresses the 'sovereignty of the people'; its use of tripartite separation of powers as the basic principle of institutional design; its relative neglect of administrative law; its association of 'rights' with judicially enforceable bills of rights; and its obsession with a vaguely specified concept of 'democracy'. It makes suggestions for alternative, preferable methods of understanding, analysing and explaining constitutions, and governmental and constitutional systems.

The Distorting Lens of Convergent Constitutional Theory

Constitutionalism in the 21st Century

It is seldom, if ever, that readers and writers see the different stages of a piece of writing in progress. In this unique volume, 16 of the US's most distinguished writers pull back the curtain on their creative and revision processes whilst drafting their works of creative nonfiction. Using side-by-side examples of first drafts and final versions of their writing, including original full-page reproductions from the writers' personal notebooks, an original, illuminating essay accompanies each draft that recounts the journey from inspiration to completion. Offering a generous insight into the creative process from the rough bold strokes to refined, clear, elegant prose, this behind-the-scenes look delves into the creative minds of working writers, including African American, Latino, Asian American, and indigenous writers from across the US. An invaluable resource for students and instructors looking to enliven the classroom or just offering practicing writers a peak into the processes of their peers, this book presents the false starts and missteps, the self-editing, tinkering, cutting, rearranging, and craft working writers make in the plight for perfectly polished prose. With nothing like it on the market, The Art of Revising Creative Nonfiction is an enlightening and unparalleled collection of modern-day creativity in action, a must have for aspiring writers and teachers of all levels.

14 U.S. Writers on their Drafts, Craft, and Process

The Art of Revising Creative Nonfiction

Small State Constitutionalism

This volume explores in detail the use of the doctrine of good faith in the common law when interpreting contracts and resolving disputes. Building on the findings of Good Faith and Relational Contracts (Hart, 2024) the book discusses the implications of relational contract theory and good faith for issues such as liquidated damages clauses, discretion to terminate a contract, contract forfeiture, employment contracts and contractual remedies. The author discusses the potential for good faith to unite a number of currently disparate contract law and equitable principles into a coherent framework, providing an opportunity to question and jettison some archaic aspects of existing doctrine that are no longer defensible. Ambitious and thoughtful, this is a significant statement on the role of good faith in private law.

Application to Specific Principles

Good Faith and Relational Contracts, Volume 2

Globe Law and Business

Trust Laws in Italy

European and Comparative Perspectives

Access to Justice for Small Businesses

Actionable guidance across money, health, and purpose for life after cancer In I'm Alive, Now What?: Your Money, Your Health, and Your Purpose...How to Take Back Control for a Better Life After Cancer, veteran Wall Street Journal journalist Geoffrey Rogow draws on his own survivorship experience and over two decades of award-winning reporting to deliver practical advice across eight areas that define post-treatment life for millions of Americans. I'm Alive, Now What? combines survivor stories, expert interviews with medical professionals and financial planners, and current research to address money management, career decisions, family planning, mental health, physical health, insurance navigation, relationships, and renewed purpose. Rogow provides a 360-degree view of post-cancer life, from negotiating medical bills to rebuilding careers. Readers will also find: <ul> <li>Strategies for managing medical debt and navigating complex insurance challenges that cancer survivors commonly face after treatment ends</li> <li>Guidance on career decisions, including returning to work, changing roles, and communicating with employers about survivorship needs</li> <li>Expert-informed approaches to mental and physical health recovery, drawn from interviews with leading medical professionals in oncology care</li> <li>Actionable advice on family planning, relationships, and building stronger support networks during the transition beyond active treatment</li> <li>Frameworks for discovering renewed purpose and using the cancer experience as a catalyst for more intentional, purposeful living</li> </ul> Written for cancer survivors and their families, as well as medical professionals, financial advisors, and estate lawyers who support them, this book provides the practical, cross-disciplinary guidance needed to navigate the financial, emotional, and personal dimensions of life after cancer treatment. &nbsp;

Your Money, Your Health, and Your Purpose... How to Take Back Control for a Better Life After Cancer

I'm Alive, Now What?

This book includes essays in honour of Professor Andrew Harding, a leading scholar in the fields of Asian legal studies and comparative constitutional law. Written by his colleagues and friends, the essays deal with important themes in comparative law in Asia, including comparative law methodology and theory; comparative constitutional law; legal transplants and development; and comparative law and society. The essays cover Malaysia, Singapore, Thailand, Myanmar, Southeast Asia and Commonwealth Asia.

Essays in Honour of Andrew Harding

Comparative Law in Asia

By exploring the historic development of marriage laws and changing relationship norms in England, Qatar and Australia; the legal treatment of religious-only unions in light of the family law regime in each country, and the impact of non-recognition, this book reveals the complexities of the law reform needed to tackle these issues. This examination of the differing outcomes for couples who live in England/Wales where cohabitants have no legal rights, Australia where cohabitants do benefit from some legal protections, and Qatar, a Muslim majority state with a modern family law regime which ordinarily recognises religious marriages provides a broad canvas for exploring this issue in depth. The book looks at this very complex issue from a range of perspectives including autonomy, cultural transitions and legal pluralism. It examines the issue of religious-only marriages in order to convey the complex and interwoven narrative which signifies how multifaceted law reform must be in order to adequately respond to these transitioning relationship norms in any given jurisdiction. Of course, relationship norms are not static and they continue to evolve. In light of changing norms and practices, the theoretical framework for this book focuses on the concept of 'liminality' or transition, which is being witnessed in the processes and formalities by which Muslims are entering their marriages.

England, Qatar and Australia

Muslim Marriages in Transition

Asia-Pacific Trusts Law, Volume 3

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