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Uncertainty in Comparative Law and Legal History
Laws are imposed on facts. But what is the law to do when its rules for establishing facts do not—because they cannot—produce a satisfactory answer? Scenarios that raise this intractable uncertainty problem have been treated as isolated concerns, but are in fact endemic across legal systems. They can cross jurisdictional and doctrinal boundaries, have recurred throughout history, and demand creative thinking from those faced with them. This book explores the law’s understandings of and responses to such situations from a comparative historical perspective. It investigates how the law has framed these most difficult problems of uncertainty; dealt with uncertainty’s often unclear bound...
Reasons and Context in Comparative Law
Essays in honour of John Bell on the art of comparative law, focussing on the manner of 'legal development'.
The Reputation of the Roman Merchant
Roman merchants, artisans, and service providers faced substantial prejudice. Contemporary authors labeled them greedy, while the Roman on the street accused merchants of lying and cheating. Legally and socially, merchants were kept at arm’s length from respectable society. Yet merchants were common figures in daily life, populating densely packed cities and traveling around the Mediterranean. The Reputation of the Roman Merchant focuses on the strategies retailers, craftsmen, and many other workers used to succeed, examining how they developed good reputations despite the stigma associated with their work. In a novel approach, blending social and economic history, The Reputation of the Ro...
Fair Reflection of Society in Judicial Systems - A Comparative Study
This book addresses one central question: if justice is to be done in the name of the community, how far do the decision-makers need to reflect the community, either in their profile or in the opinions they espouse? Each contributor provides an answer on the basis of a careful analysis of the rules, assumptions and practices relating to their own national judicial system and legal culture. Written by national experts, the essays illustrate a variety of institutional designs towards a better reflection of the community. The involvement of lay people is often most visible in judicial appointments at senior court level, with political representatives sometimes appointing judges. They consider t...
Equity in Early Modern Legal Scholarship
Equity in Early Modern Legal Scholarship takes the reader through the vast amount of legal writings on equity that were published in continental Europe in early modern times. The book offers the first comprehensive overview of the development of the legal concept of equity through the sixteenth and seventeenth century. During this time, equity scholarship broke with its medieval past and entered a lively debate on the nature and function of the concept. Lorenzo Maniscalco links these developments to the early modern identification of equity with Aristotelian epieikeia, a conceptual shift that brought down the barrier that divided theological and legal writings on equity and led to its development as a tool for the interpretation and amendment of legal rules.
Mobile Payments, Consumer Policy, and the Law
Mobile technology offers an innovative and cost-effective channel for delivering a range of financial services, including mobile payments. In some jurisdictions, mobile payments simply provide a convenient option for facilitating payment transactions. In other jurisdictions, mobile payments are viewed as potentially transformative because they present an opportunity to expand access to financial services. However, as with other innovations, mobile payments raise consumer protection concerns and require robust regulatory mechanisms to address such concerns. Against this backdrop, the book adopts a typology of consumer policy tools which can be used to address the identified consumer concerns....
Landmark Cases in Labour Law
This book features essays by leading legal scholars on 'landmark' labour law cases from the mid-19th century to the present day. The essays are acutely sensitive to the historical and theoretical context of each case, and the volume provides original and sometimes startling new perspectives on some familiar friends. There are few activities as distinctively human as work and labour. The book traces the development of labour law through the social struggles and economic conflicts between workers, trade unions, and employers. The narrative arc of its landmark cases reveals the richness and complexity of the human story played out in the working lives of real people. It also charts the remarkable transformation of the constitutional role of courts in labour law, from instruments of class oppression to the vindication of workers' fundamental rights at work. The collection will be of interest to students, scholars, and legal practitioners in labour and equality law, as well as students in management studies, industrial relations, and labour history.
Scholars of Contract Law
This book provides a counter-balance to the traditional focus on judicial decisions by exploring the contribution of legal scholars to the development of private law. In the book the work of a selection of leading scholars of contract law from across the common law world, ranging from Sir Jeffrey Gilbert (1674–1726) to Professor Brian Coote (1929–2019), is addressed by legal historians and current scholars in the field. The focus is on the nature of the work produced by the scholars in question, important influences on their work, and the impact which that work in turn had on thinking about contract law. The book also includes an introductory chapter and an afterword by Professor William Twining that explore connections between the scholars and recurrent themes. The process of subjecting contract law scholarship to sustained analysis provides new insights into the intellectual development of contract law and reveals the central role played by scholars in that process. And by focusing attention on the work of influential contract scholars, the book serves to emphasise the importance of legal scholarship to the development of the common law more generally.
The Lawyer’s Style Guide
Clarity and precision in legal writing are essential skills in the practice and study of law. This book offers a straightforward, practical guide to effective legal style from a world-leading expert. The book is thoughtfully structured to explain the elements of good legal writing and its most effective use. It catalogues all aspects of legal style, topic by topic, phrase by phrase, usage by usage. It scrutinises them all, suggesting improvements. Its 'dictionary' arrangement makes it easy to navigate. Entries cover matters such as abbreviations, acronyms, active and passive voice, brackets, bullet points, citation methods, cross-referencing, fonts, document design, footnotes, gender-neutral...
Revolution and Evolution in Private Law
The development of private law across the common law world is typically portrayed as a series of incremental steps, each one delivered as a result of judges dealing with marginally different factual circumstances presented to them for determination. This is said to be the common law method. According to this process, change might be assumed to be gradual, almost imperceptible. If this were true, however, then even Darwinian-style evolution – which is subject to major change-inducing pressures, such as the death of the dinosaurs – would seem unlikely in the law, and radical and revolutionary paradigms shifts perhaps impossible. And yet the history of the common law is to the contrary. The...
