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New Publications / Neuerscheinungen Klaus Schwarz Verlag New releases / Neuerscheinungen 2017/2018 Gábor Hamza Studies on Legal Relations between the Ottoman Empire/the Republic of Turkey and Hungary, Cyprus, and Macedonia Selected Essays in Hungarian, English, German, and Turkish With a foreword by Kinga Hazai, a postface by J. Hóvári, and a devotement by György Hazai Berlin 2017, Hardcover, 240 pp., 978-3-87997-463-4 € 48,00 Gábor Hamza's studies contribute immeasurably to the understanding of the history of civil law, the different codification processes and its cross-border influence. Comparative legal studies such as his are not only invaluable for fathoming the various ways in which society can exist but also pave the way for future legal experts to one day achieve the long desired co-existence and mutual respect between differencing cultures and religions. Şuayip Seven Traditionelle Hadith-Hermeneutik im Zusammenhang mit modernen Ansätzen der Ankaraner Schule Islamk...

The Santillana Codes: the Civil Codes of Tunisia, Morocco, and Mauritania.  In that book, my objects of focus are the civil codes in force in Tunisia, Morocco, and Mauritania.  The book also explores the history of their “intellectual father” – a Jewish man from Tunisia named David Santillana (1855 – 1931) who was a masterful comparativist and an expert in both Islamic law and European legal systems.  It also touches on the importance of civil codes in facilitating stability in volatile regions. These subjects are difficult and intriguing due to the persistent lacunae in the literature regarding the law and legal history of Maghrebian and Sahelian states—a veil of obscurity which has served to undervalue African, Islamic, and Jewish contributions to global legal development.  The aim of my forthcoming book is, therefore, to dispel this obscurity by illuminating the work of David Santillana, an influential jurist and lawyer who worked in North Africa and Europe during...

New from Hart Publishing I am pleased to announce the publication of the title(s) shown below. If you would like to order with your 10% discount you can do so through our US distributor’s website (please quote the reference HART EMAIL in the voucher code field and click ‘apply’). Alternatively please contact ISBS directly to place your order (details below). Criminal Sentencing as Practical Wisdom Graeme Brown How do judges sentence? In particular, how important is judicial discretion in sentencing? Sentencing guidelines are often said to promote consistency, but is consistency in sentencing achievable or even desirable? Whilst the passing of a sentence is arguably the most public stage of the criminal justice process, there have been few attempts to examine judicial perceptions of, and attitudes towards, the sentencing process. Through interviews with Scottish judges and by presenting a comprehensive review and analysis of recent scholarship on sentencing – including a comparative s...

New from Hart Publishing Personal Insolvency in the 21st Century A Comparative Analysis of the US and Europe Iain Ramsay Since 1979 the world has witnessed a remarkable cycle of personal insolvency law reform. Changes in capitalist economies, financial crises and political interest groups all contributed to this cycle of reform. This book examines the role of interest groups and distinct narratives in shaping reform in different countries while drawing attention to the role of timing, path dependency and unintended consequences in the development of personal insolvency law. The book presents case studies of personal insolvency law in the US, France, Sweden, and England and Wales. It then analyses how, following the Great Recession of 2008, international financial institutions paid greater attention to the significance of household debt in contributing to financial instability and the role of individual insolvency law in providing a fresh start. Personal insolvency law reform became pa...

Principled Reasoning in Human Rights Adjudication Se-shauna Wheatle Implied constitutional principles form part of the landscape of the development of fundamental rights in common law jurisdictions, affecting issues ranging from the remuneration of judges to the appropriation of property by the state. Principled Reasoning in Human Rights Adjudication offers thematic analysis of the use of the implied constitutional principles of the rule of law and separation of powers in human rights cases. The book examines the functions played by those principles in rights adjudication in Australia, Canada, the Commonwealth Caribbean, and the United Kingdom. It argues that  a complete understanding of implied constitutional principles requires thoroughgoing analysis of the sources and methods of implication and of the specific roles played by such principles in the adjudicative process.  By disaggregating particular functions and placing those functions within their respective institutiona...

New Release from MQUP  Twenty-First-Century Immigration to North America Newcomers in Turbulent Times Edited by Victoria Esses and Donald E. Abelson “A valuable book for scholars, students, policy makers, and practitioners, Twenty-First-Century Immigration to North America not only demonstrates the complexity of immigration, but also provides readers with a unique analytical lens, rich insights, and specific directions for future research.” -  Miu Chung Yan, University of British Columbia $34.95 (Paperback) Book details Overview A revealing assessment of the policies, practices, and impact of immigration to Canada and the United States. Human migration has reached an unprecedented level, and the numbers are expected to continue growing into the foreseeable future. Host societies and migrants face challenges in ensuring that the benefits of migration accrue to both parties, and that economic and socio-cultural costs are minimized. ...

The UK after Brexit Legal and Policy Challenges Michael Dougan (ed.) June 2017 | ISBN 978-1-78068-471-0 | approx. 300 pp. | paperback 29 GB pounds | 31 euros | 37 US dollars     The UK after Brexit is the result of a cooperation between a group of leading academics from top institutions in the UK and beyond. It offers students, practitioners and scholars an authoritative, informative and thought-provoking series of analyses of some of the key challenges facing the UK legal system in and through the process of ‘de-Europeanisation’ – that is, in and through ‘Brexit’. It provides discursive exploration of key issues and themes for reflection and debate within multiple areas of law, broadly divided into three main areas of interest: - constitutional concerns such as the relationship between Parliament and the Executive, the relevance of devolution, and the impact on the courts; - substantive topics including employment law, environmental law, financial services, intellectual ...

This book provides a comparative study of contract law, examining the interaction of common law and civil law approaches to contract law. Drawing extensively upon English, French and European law, the book explores how the law of contract of Jersey, Channel Islands, has been influenced by both civil law and common law sources. It is argued that this jurisdiction is a striking example of comparative law in action, given that Jersey contract law is made up of a blend of common law and civil law approaches. Jersey law is premised upon a subjective approach to contracts, in which civil law concepts such as cause (rather than consideration) and  vices de consentement  are the foundational aspects, but is nonetheless highly influenced by the common law in areas such as remedies (damages, termination, etc). The book analyses a series of key issues from a comparative and European perspective, including the principles underlying contract law (comparing and contrasting civil and common ...

Fiduciaries of Humanity: How International Law Constitutes Authority Criddle,  Fox-Decent 9780199397921 Fiduciaries of Humanity: How International Law Constitutes Authority discusses a new model of public international law where individuals as well as states are proper subjects, while human dignity has come to rival state autonomy as an organizing principle of international law. Translating the Social World for Law: Linguistic Tools for a New Legal Realism Mertz 9780199990559 Translating the Social World for Law: Linguistic Tools for a New Legal Realism provides specific examples of difficulties facing interdisciplinary communication between law and social science in an era where the legal academy is once again turning to social science. Institutionalizing State Responsibility: Global Security and UN Organs Proulx 9780199680399 Institutionalizing State Responsibility: Global Security and UN Organ investigates the contributions of the General Assembly, International Court of Justice...