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Davis T: Imagining the Body

Imagining the Body

Tax, Law, and Our Economic Selves

Studies in International Trade and Investment Law

This book charts a pioneering course for researchers and policy makers seeking to understand, navigate and influence the decentralised international legal order. It invites readers on an exploratory journey that treats international trade, investment and tax law as laboratories for the application of the complexity framework to public international law. It describes familiar international legal regimes in unfamiliar terms by shining a light on trade, investment and tax as living sub-systems inside a self-organising network. Drawing on the vocabulary and metaphors of the complexity framework, such as emergence, feedback, attractors and path-dependency, the book explores why treaties proliferate, why some legal reforms stagnate and others cascade, and where small, well-placed interventions can redirect the whole. Moving beyond descriptive frames, the book supplies a predictive lens and a practical toolbox for steering international law, for example, towards increased resilience. A rich repertoire of examples and vivid metaphors show how legal evolution is shaped. The book's critical reflections keep the promise of complexity grounded in normative debates. Written for readers with only a basic background in the regimes that govern international economic relations and no prior knowledge of complexity, the book introduces a novel frame of reference to the study of public international law. This book is written for anyone worried about incoherence, fascinated by interconnectedness, and searching for levers of change.

Interaction and Evolution in International Economic Law

Public International Law as a Complex Adaptive System

What if we abolished police, courts, and prisons? Where would we turn for justice? Do we need laws? Punishment? These questions are not just the preoccupation of an abolitionist pipedream. Their answers already exist, if only we know where to look.
Professor Sitrin introduces readers to communities worldwide that resolve harms and conflicts without looking to the state or the judiciary. The book focuses on alternative forms of justice, peace-keeping, and adjudication in selected locations, with particular attention to indigenous and women-led movements from across Mexico, Argentina, Rojava, and the USA. Marina Sitrin traces how each came to be and examines the theoretical and political underpinnings of the process.
We Make Our Own Justice&nbsp;allows the reader to reflect on how these alternative forms of justice and adjudication have been planted and nurtured over time-often over decades-and to consider the possibilities for other communities and regions to produce something similar. We Make Our Own Justice offers an invaluable resource, fostering optimism and open-mindedness as we seek to transform our neighborhoods, groups, and communities into abolitionist spaces, both in theory and in practice.

Global Alternatives to Policing and Prisons

We Make Our Own Justice

This well-established commentary gives private client advisers and accountants an expertly written and highly practical guide to the main planning points, potential pitfalls and possible solutions to consider when dealing with IHT and estate planning solutions. The October 2024 Budget statement introduced some of the most consequential changes to the inheritance tax regime and the new edition of Ray and McLaughlin's Practical Inheritance Tax Planning is updated to take account of this new landscape. The concept of domicile was removed from the UK tax system with effect from 6 April 2025. As such the scope of UK IHT on non-UK situated assets is no longer determined by an individuals domicile status; it is now judged on how long the individual has been resident in the UK. All individuals are affected whether they were domiciled in the UK or non-domiciled under the old rules. The changes to the residence based system also has an impact on the IHT treatment of trusts and excluded property (non-settled property situated outside the UK). A further significant change covered in the updated edition is the change to to the IHT rules relating to Agricultural Property Relief and Business Property Relief (with exception of unlisted shares) with effect from 6 April 2026. The commentary also reflects the change which means that inherited unused pensions and death benefits will be within a deceased's estate for IHT purposes. There are important planning implications relating to all the these changes and the revised commentary will highlight these along with any identified pitfalls. Key points will be highlighted throughout and all examples updated, with new ones being added where necessary.

Ray and McLaughlin's Practical Inheritance Tax Planning 17th edition

How Women Mastermind and Redefine Our Economy

Swiftynomics

Pharmaceutical and medical device manufacturers face relentless and costly waves of product liability claims across U.S. federal and state courts, spanning individual suits, consolidated multidistrict litigation and coordinated proceedings, multi-plaintiff actions, and class actions. As this complex area of litigation continues to expand-often into more treacherous and plaintiff-friendly venues-the stakes for getting strategy right, early and often, have never been higher.

The third edition of Drug and Device Product Liability Litigation Strategy equips litigators with clear, practical guidance from pre-litigation investigations through trial. Reflecting significant developments since the prior edition, it distills the current and evolving legal landscape impacting drug and device lawyers, and offers actionable analysis on the issues that are most likely to influence outcomes: pre-litigation investigation and risk assessment, document preservation and fact discovery, coordination in MDLs and state proceedings, class action challenges, developments in preemption and personal jurisdiction case law, admissibility of expert testimony, dispositive and pre-trial motion practice, jury selection, and trial strategy. 

This edition highlights strategic inflection points and delivers practice-oriented insights to streamline case management and sharpen advocacy. With its emphasis on strategy and results, it is an indispensable resource for lawyers navigating high-profile drug and device litigation in a continually shifting environment.

Drug and Device Product Liability Litigation Strategy

This book offers a novel jurisprudential account of law by arguing for a conceptual understanding of participation as foundational to a general explanation of law and legitimate authority. In doing so, the book challenges dominant accounts, arguing that the existing failure to separate an explanation of law's authority from the concept of its legitimacy has left a general explanation of law incomplete. From this, the book argues, both general jurisprudence and broader society have suffered. This is especially so for societies that tend to fall outside the Euro-American concern of much mainstream analytical jurisprudence.The historical experience of such societies, however, reveals much of normative and analytical significance. Bringing together normative, historical archival, and case study analysis, the book develops a positive account of law that highlights the importance of participation as a multifaceted process in the continuous historical development of law and legal system in any society. This account, the book argues, is crucial to a more complete explanation of law's authoritative function and normative legitimacy. The book's account of participation, further, foregrounds a broader and more normatively robust understanding of the relationship between a general explanation of law and other philosophically fundamental ideals, namely: freedom, justice, democracy, and deliberation. The book's examinations, which integrate arguments from scholarship in African political philosophy with mainstream arguments in analytical jurisprudence, lead it to new and original answers to longstanding questions in legal philosophy about the nature of law's authority, it's legitimate justification and, the grounds also, for collectively disobeying it.

Participation, Freedom, and the Communal Question of Justice

Law’s Moral Legitimacy

Critical Race Theory

Originalism Is Racism interrogates America's unhealthy obsession with its founding generation by challenging the ascendancy of originalism as the preferred method of constitutional interpretation--both among the justices of the Supreme Court and for significant portions of the American public. The book argues that interpreting the Constitution in accordance with the original intentions or understandings of the founding generation necessarily enshrines and exacerbates racial inequality. For one, originalism perpetuates white supremacy by rejecting the equal human dignity of Black people and other racialized groups and denying them the opportunity to participate in public life on equal terms. It also undermines the abolition of racial oppression by subjecting Black, Brown, and Indigenous people to increased risks of violence and death. In a word, originalism is racism.

Confronting, Dismantling, and Overcoming the Legacy of America’s Founding Enslavers

Originalism Is Racism: Volume 2

This book discusses the 'theory of dematerialised property', a constructivist property theory that applies to tangible and intangible property alike. It explains the way in which this theory regards 'property' as a creation of the law, whereby the property object (res) is a normative conception brought into existence by the property rights in it, and an actual corporeal thing is merely a practical incidence of the abstract-normative idea of the property object. The discussion of dematerialised property is founded on a theoretical examination of definitions, terminologies and concepts of property, particularly ownership and possession, and restricted real rights, as well as a comparative law overview of concepts of ownership and the acquisition and transfer of property rights in the different Common law and Civil law property systems. The concept of dematerialised property serves as a good theoretical basis for explaining and defining forms of tangible and particularly intangible property, like debts, money and shares, and modern forms of property, such as electronic money, non-fungible tokens or data. The book also features the ideas of property theorists in law and in political philosophy, such as the classical theories by Grotius, Pufendorf, Locke and Hegel, and it revisits modern legal theories of property. It then deals with economic, sociological and psychological dimensions of property which are behind the legal concept of property, aspects that are generally disregarded in traditional texts on property theory.

Theories about the Nature and Concept of Property

The Laws of Property

In this sequel to her enduring bestseller Hope in the Dark, Rebecca Solnit surveys a world that has changed dramatically since the 1950s in its values and beliefs around nature, race, gender, sexuality, science and the environment. These changes amount to nothing less than the dismantling of an old civilization and the building of a new one. But because the changes have been slow and diverse, their scale and impact are seldom recognized.

At the heart of this rising world view is the idea of interconnection, with its understanding
of the interdependence and symbiotic relationships within nature and among humans - and the current nationalist and authoritarian pushback is a backhanded acknowledgment of its power and impact.

The Beginning Comes After the End is the culmination of years of activism from one of the most significant thinkers of our day. It offers a unique perspective on our politics and our humanity, to give hope in difficult times and to urgently remind us that the power to change the world is within our reach.

Notes on a World of Change

The Beginning Comes After the End

Schriftenreihe der Forschungsstelle Provenienzforschung, Kunst- und Kulturgutschutzrecht

Die Washingtoner Prinzipien von 1998, fordern die Signatarstaaten zu "gerechten und fairen Lösungen" im Umgang mit "NS-Raubkunst" auf. Das Vereinigte Königreich setzte diesen Appell im Jahr 2000 mit Einrichtung des "Spoliation Advisory Panel" (SAP) um, das seither einen Streitbeilegungsmechanismus bietet, um auf die Ansprüche Berechtigter zu reagieren. Dieser Band nimmt die 22 Empfehlungen in den Blick, die das Panel bislang ausgesprochen hat. Die Entscheidungen werden vor dem Hintergrund der englischen Rechtstradition und -praxis sowie der historischen Rolle des Vereinigten Königreichs analysiert, systematisiert und einem abstrakten Regelwerk zugeführt. Die so sichtbar gemachte Entscheidungslinie des SAP kann als Diskussions- und Vergleichsgrundlage für die Restitutionspraxen anderer Staaten herangezogen werden.

Der Umgang mit „Nazi-looted art“ im Vereinigten Königreich

"Fair and just?"

Hart Studies in Private Law

This ambitious and important book explores the new concept of the doctor-patient relationship, told from the private law perspective. The doctor-patient relationship differs from others in negligence law. Doctors are required to take positive action and, therefore, can be held liable for omissions. However, because actionable damage is almost exclusively confined to physical injury, the significance of a doctor's liability for failing to confer a benefit has gotten lost along the way. This aspect of the doctor's positive duty is overlooked in both the case law and the literature - and, this book identifies it as the principal barrier to protecting interests other than bodily integrity in medical negligence law. The book sets out a novel theoretical framework in which the reconceptualised doctor's 'positive duty to take care' of a patient's interests justifies an expanded concept of actionable damage beyond physical injury - ensuring that the reasons for requiring doctors to act positively are carried through to the damage enquiry. The book identifies that the leading cases causing challenges to coherency in medical negligence are those involving patient choice: Rees v Darlington Memorial Hospital, McFarlane v Tayside Health Board, Meadows v Khan, ACB v Thomson Medical Pte Ltd, Chester v Afshar, Montgomery v Lanarkshire Health Board, Gregg v Scott, and Philp v Ryan. Rather than treating patient autonomy as a source of doctrinal difficulty, this book offers a new way of thinking about the doctor-patient relationship to accommodate autonomy related interests and real world effects of medical negligence separate from physical injury. The theoretical account of the doctor's positive duty and its consequences for actionable damage reveals what is distinctive about the doctor-patient relationship amongst other relationships giving rise to liability for omissions. It suggests how novel harms in medical negligence might be accommodated - including the potential for tort law in this area to reflect fundamental values in constitutional rights in Ireland and ECHR rights in the UK, and how the non-pecuniary losses could be quantified and compensated. While common law of Ireland and the UK takes centre stage, the analysis draws on other common law jurisdictions and on Irish constitutional law.

A Doctor’s Duty to Take Care

Redefining the Medical Negligence Action

This book provides a key point of reference on the translation of tax policy into legislation and other legal norms. There is a great deal of frustration about how this takes place at present. Thousands of hours are spent on fundamental reviews of tax law yet very little seems to change. There are points of systematic resistance to tax law reform. Tax legislation is prone to misjudgements and sometimes even mistakes. Systems of democratic and expert scrutiny leave much to be desired. There are also concerns about undue influence, and bad decisions can create path dependencies that are difficult to escape. These matters are explored in detail in this book by an inspiring cast of established and early-career researchers from various jurisdictions. The authors have entered into dialogues about what it means to translate tax policy into law, who is and who should be responsible, how things work in different legal systems, and whether existing approaches could be improved. The book is accessible to those new to taxation and legislative processes as well as to experts, and is recommended for lawyers and non-lawyers alike.

Legislation and Beyond

Translating Tax Policy into Law

Imagining the Body

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