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Catalogue complet

Private Law and the State

This groundbreaking volume shatters many longstanding myths about the Declaration of Independence. Although states-rights advocates have long claimed that the Declaration created thirteen independent nations, Carlton F. W. Larson shows that the Declaration announced the birth of a new nation: the United States of America, a nation governed by an unwritten constitution in which the states were confederated and subject to national authority from the very beginning. Larson counters libertarian claims that the Declaration views government as a necessary evil, demonstrating instead how it embraces constitutionalism, active government, and the rule of law as positive goods. Along the way, Larson debunks other myths, such as the notion that the Declaration is the parchment text enshrined in the National Archives and that it was authored by Thomas Jefferson. By exploring the true meaning of the Declaration of Independence, One Nation Under Law helps us better understand America itself.

The Meaning of the Declaration of Independence

One Nation Under Law

This book brings together leading scholars from private law and employment law to reflect upon private law doctrines as they relate to the employment contract. Developing an interdisciplinary dialogue, these contributions explore the regulatory functions of private law doctrines at the cutting edge of modern employment law. Topics include the potential and limitations of private law damages; the role of injunctions and specific performance; the interactions between express and implied terms; vicarious liability; substantial performance and breach; and the common law right to work. The integration of scholarly perspectives from the realms of private law and employment law enriches and deepens our understanding of core private law doctrines. Historically, employment law was defined in terms of its autonomy from general private law. This achievement of autonomy was highly prized, and considered necessary to facilitate industrial freedoms for trade unions and the protection of employees from exploitation. But the contractual basis of employment means that any such autonomy has always been partial and unstable. Furthermore, as trade unions have declined and governments have deregulated statutory employment rights, private law has assumed growing practical importance in strategic appellate litigation. In many common law jurisdictions, private law doctrines have become the new battleground between employers, workers and trade unions. The essays in this book examine specific doctrinal issues against this dynamic backdrop of changing social, economic and constitutional conditions. While focused mainly on English law, the essays also consider examples from other jurisdictions including Australia and Scotland. As private law becomes the default regulation for most employment contracts in 21st-century labour markets across the world, this book is an essential resource for practitioners, judges, academics and students.

Private Law and the Employment Contract

The Law of Economic Regulation provides a detailed analysis of the law specific to economic regulation and the practice of that law. This book is unique in dealing with the key elements of economic regulation - such as rule-setting, regulatory investigations and disputes, enforcement and appeals on a cross-sector basis, offering a resource to practitioners in each sector who currently have few efficient options to see how other sectors deal with a specific issue. As the number of regimes, and their jurisprudence, continues to grow, the legal issues arising have increased in importance. Whilst the focus of this book is on UK sector regimes, it uses other comparisons where relevant, including UK and EU competition law, and sectoral regimes in other jurisdictions from the EU, USA and beyond, where that best illustrates a particular point. It answers questions, such as: - What rules apply to major regulated companies? - How do the rules vary between regulated sectors? - What is the point of economic regulation? - How do regulators make decisions? - Can decisions by regulators be challenged, and if so, how? With contributions from leading specialists in their areas, this title is essential reading for all legal practitioners specialising in regulation, competition law, energy law, telecommunications law, environmental law and transport law. This title is included in Bloomsbury Professional's Practice and Procedure Law online service.

The Law of Economic Regulation

African Women in Law is the first empirical study to offer a comprehensive and contextually rich portrait of African women in the legal profession. Drawing on 153 interviews across six countries, 249 survey responses from 21 countries, and secondary literature from 15 countries, this groundbreaking book explores the representation of women in the bar, bench, and legal academia. It traces historical developments, examines current realities, and sets the stage for future research. Introducing the HISP framework-History, Institutions, Social (norms), and Position(ality)-the book analyzes how structural forces shape women's roles in law. Through original concepts such as exclusion versus accommodation, racehorses versus workhorses, and the women's other-bar and other-bench, it challenges conventional narratives and highlights the diverse experiences of African women in law. The volume also builds on matri-legal feminist theory to offer a fresh lens for understanding gender and justice in African contexts. Rejecting essentialist approaches, the book argues that there is no single narrative of the lived experiences of African women in law. Instead, it reveals how women have emerged from the margins of a male-dominated field to assume leadership roles, often through innovative strategies that overcome systemic barriers. As the first comparative study of its kind, African Women in Law establishes a vital foundation for future scholarship and inspires new questions, methods, and theories for exploring law, gender, and governance across the continent.

A Comparative Perspective

African Women in Law

Cambridge Studies in Constitutional Law

Prevention of an erosion of the rule of law is of utmost importance for democracy, because once autocratization begins, only one in five democracies manage to avert breakdown. This book offers a means of protecting the rule of law and counteracting its misuse for illiberal purpose. It analyses inherent anomalies that occur in so-called consolidated democracies, and the responses where the rule of law is seriously undermined. Only by identifying legal imperfections and addressing them, can crises of liberal democracies be avoided. András Sajó provides new theoretical and practical perspectives on legal positivism and legal interpretation. Making the rule of law more robust and its restoration successful requires an innovative, more militant approach to the rule of law. This book proves that unorthodox legal solutions can satisfy rule of law expectations. Otherwise, legality becomes a suicide pact for democracy. This title is also available as open access on Cambridge Core.

Legal Imperfection and What To Do About It

Militant Rule of Law

This book argues that, beyond the apparent fracture between humans and Nature that defines the Anthropocene crisis, there exists a shared cultural foundation in legal traditions, converging on the recognition of the intrinsic value of Nature and of the ecosystem interconnections between human and non-human life. The legal innovations explored here-particularly from Latin America- embody a holistic, integrated view coherent with the ecosystem approach. It is proposed that these ideas offer potential not only within their own legal systems but also as models for Western legal frameworks. Divided into five parts, the book maintains a balance between theoretical and empirical, combining foundational legal and philosophical discussions with practical case studies and applications. Part I establishes the theoretical foundation, setting the conceptual framework of the volume. Part II builds on this by addressing the methodological implications and laying the groundwork for a transition from anthropocentric to ecocentric governance. The third and fourth parts bridge theory with practice, exploring participatory tools, bottom-up initiatives, and challenges to traditional environmental law, illustrating how theoretical advancements are applied in specific legal and policy contexts. The fifth part focuses on jurisprudence and the role of the judiciary, providing an empirical analysis of how legal principles are interpreted and enforced in judicial settings. This progression ensures that the book effectively integrates theory with empirical research, underscoring its interdisciplinary and practical significance. The volume will be of interest to those working in the areas of Legal Philosophy, Environmental Law, Constitutional Law, Comparative Law, Human Rights, Anthropology and Environmental Studies.

Modelling a Transcultural Eco-Legal Framework across Europe and Latin America

Law, Nature and the Ecosystem Approach

Substantive Cases

Landmark Cases in EU Law, Volume 2

What is tradition in American constitutional law, and what is its enduring appeal in American culture? In The Constitution of Practice, Marc O. DeGirolami presents and defends his theory of constitutional law, one rooted in our political, legal, and cultural experience. He argues that constitutional traditions are the ways in which we manifest, give concrete form to, and transmit political excellence across time. He explains how traditions also bind us to one another, strengthening the civic affection necessary to a democratic republic. Responding to several criticisms, the author discusses the relationship of constitutional method and American politics, evaluating traditionalism's political adhesion and its prospects in the coming decades. At a time when Americans increasingly do not trust their institutions, DeGirolami explores how a traditionalist approach to the Constitution can begin to repair the disaffection that many now feel for their legal institutions.

Private Law and the State

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