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Rethinking the Legal Profession

New Trajectories in Contemporary Society

Studies of the Oxford Institute of European and Comparative Law

The leading Spanish language treatise on the law on torts has now been translated into English, making it accessible to jurists, scholars and practitioners throughout the world. It addresses the central analytical questions in modern tort theory by reference to first principles, explaining how doctrinal tension has resulted from the law's evolution. The book also offers a theoretical framework for understanding and analysing the doctrines behind the main tort rules found in different jurisdictions, including their interrelationship and historical development. Steeped in Chilean legal doctrine and case law on torts, it also considers authorities from Britain, Germany, the USA, France and Spain. This is a magisterial and important work.

A Comparative Perspective

The Foundations of Tort Law in the Civilian Tradition

Landmark Cases

From Van Gend en Loos and Costa v ENEL to Cassis de Dijon and Consten and Grundig, Landmark Cases in EU Law explores the most important and well-known EU law cases in two volumes. These volumes show how the European Court of Justice has played a fundamental role in the construction of the European Union in the past 70 years. Many EU 'landmark' cases have been controversial, yet no-one can deny that they have been essential in defining the Union legal order as we find it today. Volume 2 explores the 'substantive' cases that have shaped the Union's internal market, its competition law as well as its internal and external policies. Each of the twenty cases within this volume is placed in its historical and doctrinal context, and each chapter also presents the history of its reception by the Court and academia.

Substantive Cases

Landmark Cases in EU Law, Volume 2

Exposes the anatomy of organizational harm and how to save institutions from toxic culture While we often read about corporate scandals, we are left wondering: why do organizations keep causing harm?​​​​​​​ Benjamin van Rooij and Nicholas Lord argue that to truly understand and address the impacts of dysfunctional organizations we must look beyond the senior executives and/or leaders and understand the deeper problems in the organization itself. To do so, Toxic uses dozens of in-depth case studies to connect the dots between various scandals and illustrate the deeper toxic patterns within organizations that lead to them. Each chapter recounts compelling stories of individuals caught within these toxic systems and addresses urgent societal challenges such as environmental degradation, the opioid epidemic, the harms of social media, and police abuse. Stories include: <ul><li>Boeing focusing so much on its day-to-day share price that it lost sight of ensuring the long-term safety of its 737 MAX airplanes.</li><li>Volkswagen experimenting with monkeys locked in cages breathing exhaust fumes in a desperate attempt to deny the harm of its “clean diesel” engines.</li><li>How the Oakland Police Department taught its rookies to engage in racist and abusive policing practices, resisting decades-long attempts to reform the department.</li></ul> Revealing, accessible, and engaging, Toxic, breaks down the core characteristics of toxic organizations and shows readers how to recognize and address toxicity in their everyday lives.

How Organizations Go Bad

Toxic

This book offers fresh perspectives on the role of addiction in prior fault culpability by integrating legal, psychological, neuroscientific and philosophical dimensions. Are intoxicated defendants responsible for harms they cause to persons and property when intoxicated? Should they be criminally liable for those harms, even if they act without intention or control? What if their intoxicated state is associated with addiction? Analysing the complex interactions between addiction, intoxication and law, prior fault is addressed from various jurisdictions including predominantly England and Wales, Scotland, and the Netherlands, while also incorporating multiple disciplines, thereby discussing prior fault structures from overarching, non-jurisdictional perspectives. These different disciplines and legal systems are not merely described but closely integrated through co-authored chapters, involving academics from different disciplinary fields and legal traditions. This collection is a thorough resource for students, academics, researchers, and practising lawyers who aim to deepen their understanding of the law's approach towards addiction and intoxication. Moreover, it illustrates the importance of a collaborative approach between different legal traditions and interdisciplinary scientific understanding, thereby laying the groundwork for future legal reforms, informed legal practice, and research.

Comparative Perspectives on Addiction and Intoxication

Criminal Law and Prior Fault

Hart Studies in European Criminal Law

Law Enforcement Access and Data Protection in EU Law

Hart Studies in Private Law

This book provides a comprehensive study of two parallel notions of civil and common law: cause and consideration. It does this in three ways; with historical, comparative, and functional perspectives. Aspects of cause and consideration are hotly contested by contract lawyers and this book will bring clarity by looking at the English and Continental positions. Key areas of focus include: enforceability, questions of legality and morality, contractual justice, and the correction of unjustified property displacements. Bringing together a team of experts, the book discusses (in some cases for the first time in English) complex questions of both academic and practical importance.

Exploring the Foundations of Contract Law

Cause and Consideration

Learnings from Stability Theory of Complex Systems

The Resilience of Democracy

This book addresses the veritable flood of litigation sparked by interest rate swaps and other financial derivatives and looks at the way in which these disputes are solved across a variety of jurisdictions. It discusses how the issue is dealt with in Europe -where derivatives litigation is a pervasive problem- by comparing solutions in the UK, Germany, Austria, Switzerland, France, Italy, Spain, the Netherlands, Belgium, Norway, Poland and Hungary. It also addresses financial derivatives litigation beyond Europe, namely in the US, Australia, Hong Kong, and Singapore. Derivatives litigation raises a variety of highly relevant issues: it provides insights into the duties of care owed by the bank to its clients in terms of information, transparency and warnings; it is revelatory for conflicts of interests, since banks who enter into derivatives take contrarian positions to their clients, raising the question whether they are allowed to do so despite their role as fiduciaries. The book addresses the private law effect of regulatory conduct of business rules included in the European Markets in Financial Instruments Directive (MiFID), and also looks at the capacity of public bodies to enter into derivatives agreements against the backdrop of intricate conflict of laws issues. By analysing derivatives litigation, the book sheds light on the general relationship between private law, civil procedure, supervisory actions, regulatory action, administrative law, criminal law, and alternative dispute resolution, as well as on how to deal with mass claims in the financial sector. An essential resource for practitioners involved in cross-border litigation, policy makers, and researchers.

Risk, Regulation, and Responsibility

Financial Derivatives Litigation

Constitutional Systems of the World

Following the successful formula of the series, this book offers an introductory but authoritative overview to the Constitution of Bangladesh. It looks at the shape and working of the Constitution, while introducing the reader to it key stakeholders. It sets out the features unique to the Bangladeshi situation and the specific challenges that rise. With the opening key words and end of chapter further reading recommendations, this is the ideal starting point for students if this fascinating state and its governing framework.

A Contextual Analysis

The Constitution of Bangladesh

The untold stories behind New Zealand's tax system through the analysis of the critical junctures in the development of New Zealand tax law and policy. From the 1912 Waihi mining strike to modern asset-stripping rules, from century-old gambling taxes to decades-long debates over the taxation of capital gains, this book reveals the fascinating threads that weave through New Zealand's tax history. Bringing together the insights of judges, policymakers, administrators, and practitioners who have shaped the system, along with inputs from tax academics, this book offers both intimate personal accounts and authoritative outside perspectives on how taxation evolved in Aotearoa and what other countries can learn from it. Why has New Zealand debated a comprehensive capital gains tax for nearly sixty years without implementing one? How did public-private cooperation forge unique policy solutions? How has New Zealand both inspired international tax developments and boldly charted its own course, often diverging from the OECD's tax guidance? These questions and many more are answered through rigorous analysis and compelling storytelling. Whether you are a tax professional, a policy analyst, a tax scholar, a student, or simply curious about the history of taxation, this collection offers invaluable insights into one of the world's most competitive, and yet cohesively consultative, tax systems.

Critical Junctures and Development

New Zealand Tax Law and Policy

This book explores the fascinating backstories and unexpected sequels of bigamous marriages from the 17th century to the present day. A woman remarries after hearing that her husband has drowned, only for him to turn up alive and well. Is she now a criminal? A deserted husband, unable to afford a divorce, finds happiness in a new union. How many did the same? A conman advertises for a wife and then disappears with her lifesavings; he has already done the same to many other women. How was he brought to justice? These are just a few of the hundreds of bigamous remarriages put under the microscope in Double Lives. As a companion volume to Double Trouble: Bigamy and the Law in England and Wales, 1604-2024, this book goes behind the law reports to reconstruct the stories of those involved. Drawing on archival sources, pamphlets, newspapers, census data, parish registers, divorce petitions and family histories, it shows the different forms that bigamy might take - accidental, consensual, deceptive or exploitative - and how bigamists' stories in turn helped to shape the law. Double Lives shows how bigamy should not be dismissed as a comical or victimless crime. Every case had its own complex mix of desire and deception, and, all too often, heartbreak for someone.

Stories of Bigamy in England and Wales, 1604-2024

Double Lives

Key Ideas in Law

This book explores the law, philosophy, and wider implications of that brief but highly consequential moment when a judge imposes sentence on a convicted offender. Sentencing is one of the most contested aspects of contemporary criminal justice. It is an important field of study, both as an instance of coercive state power over the citizen and as the point at which the statutory purposes of punishment are given public expression. Focusing on England and Wales, with occasional comparative reference to sentencing practice around the world, topics include the legal and ethical implications of pleading guilty, the origin and development of sentencing guidelines, and the 'ordinary' language in which the sentence itself must be pronounced in open court. Tensions arise over the appropriate treatment of cohorts including the young, racialised, mentally disordered, and dangerous, and the disparate outcomes such treatment can generate. At a time of unprecedented crisis - from the phenomenon of 'sentence inflation' 50 years in the making, to the criminal court backlog, to an overcrowded prison estate - the book concludes with an appraisal and critique of the Sentencing Act 2026. The Act was pitched as a once-in-a-generation attempt at substantive justice reform, but its precise impact remains to be seen. Key Features · Offers an original account of a field in transition, equipping readers with a rich and robust evidence base · Reconciles classical theories of punishment with modern case law and sentencing practice · Comparative insights provide perspective and distance, enabling readers to form their own views on a complex field

Key Ideas in Sentencing

Rethinking the Legal Profession

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