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  3. Law in Context

Since 1970, the Law in Context series has been at the forefront of a movement to broaden the study of law. The series is a vehicle for the publication of innovative monographs and texts that treat law and legal phenomena critically in their cultural, social, political, technological, environmental and economic contexts. A contextual approach involves treating legal subjects broadly, using materials from other humanities and social sciences, and from any other discipline that helps to explain the operation in practice of the particular legal field or legal phenomena under investigation. It is intended that this orientation is at once more stimulating and more revealing than the bare exposition of legal rules. The series includes original research monographs, coursebooks and textbooks that foreground contextual approaches and methods. The series includes and welcomes books on the study of law in all its contexts, including domestic legal systems, European and international law, transnational and global legal processes, and comparative law.

  • General Editors: Kenneth Armstrong, University of Cambridge, Maksymilian Del Mar, Queen Mary University of London, Sally Sheldon, University of Bristol

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115 results in Law in Context

Page 4 of 6

European Union Health Law
  • Themes and Implications
  • Tamara K. Hervey, Jean V. McHale
  • Published online:
    05 November 2015
    Print publication:
    12 November 2015
  • A contextual analysis of the internal logics of EU health law through four themes: consumerism; (human) rights; interactions between equality, solidarity and competition; and risk. Leading authors in the emergent field explain the interactions and implications of EU health law through thematic reinterpretation of the law in context in key substantive areas, such as the regulation of health research, access of patients to high quality care, health care professional regulation, organisation and funding of health care services, and public health. This book offers a fresh perspective and thorough understanding of EU health law through individual and collective or systemic perspectives, and covers health law both within the EU and globally. Essential reading for anyone interested in health law in any EU Member State or in global health law.

Law's Ethical, Global and Theoretical Contexts
  • Essays in Honour of William Twining
  • Edited by Upendra Baxi, Christopher McCrudden, Abdul Paliwala
  • Published online:
    05 November 2015
    Print publication:
    22 October 2015
  • Law's Ethical, Global and Theoretical Contexts examines William Twining's principal contributions to law and jurisprudence in the context of three issues which will receive significant scholarly attention over the coming decades. Part I explores human rights, including torture, the role of evidence in human rights cases, the emerging discourse on 'traditional values', the relevance of 'Southern voices' to human rights debates, and the relationship between human rights and peace agreements. Part II assesses the impact of globalization through the lenses of sociology and comparative constitutionalism, and features an analysis of the development of pluralistic ideas of law in the context of privatization. Finally, Part III addresses issues of legal theory, including whether global legal pluralism needs a concept of law, the importance of context in legal interpretation, the effect of increasing digitalization on legal theory, and the utility of feminist and postmodern approaches to globalization and legal theory.

Public Services in EU Law
  • Wolf Sauter
  • Published online:
    05 December 2014
    Print publication:
    27 November 2014
  • In the EU public services, utilities and welfare services can be seen as both building blocks for the internal market and as a persistent irritant in the integration process. This book provides a comprehensive overview of the EU law on public services within the context of European integration. It brings together important analysis of the primary Treaty law, mainly on the internal market and competition, and of the secondary legislation at EU level, including different sector specific regimes. Particular attention is given to case law of the EU courts. This will be essential reading for those looking to have a broader understanding of the subject.

Crime, Reason and History
  • A Critical Introduction to Criminal Law
  • 3rd edition
  • Alan Norrie
  • Published online:
    05 October 2014
    Print publication:
    09 October 2014
  • Many books seek to explain the general principles of the criminal law. Crime, Reason and History stands out and alone as a book that critically and concisely analyses these principles and comes up with a different viewpoint: that the law is shaped by social history and therefore systematically structured around conflicting elements. Updated extensively to include two new chapters on loss of control and self defence and with an extended treatment of offence and defence, this new edition combines challenging and sophisticated analysis with accessibility.

Evidence Matters
  • Science, Proof, and Truth in the Law
  • Susan Haack
  • Published online:
    05 August 2014
    Print publication:
    28 July 2014
  • Is truth in the law just plain truth - or something sui generis? Is a trial a search for truth? Do adversarial procedures and exclusionary rules of evidence enable, or impede, the accurate determination of factual issues? Can degrees of proof be identified with mathematical probabilities? What role can statistical evidence properly play? How can courts best handle the scientific testimony on which cases sometimes turn? How are they to distinguish reliable scientific testimony from unreliable hokum? These interdisciplinary essays explore such questions about science, proof, and truth in the law. With her characteristic clarity and verve, Haack brings her original and distinctive work in theory of knowledge and philosophy of science to bear on real-life legal issues. She includes detailed analyses of a wide variety of cases and lucid summaries of relevant scientific work, of the many roles of the scientific peer-review system, and of relevant legal developments.

Contract Law Minimalism
  • A Formalist Restatement of Commercial Contract Law
  • Jonathan Morgan
  • Published online:
    05 November 2013
    Print publication:
    07 November 2013
  • Commercial contract law is in every sense optional given the choice between legal systems and law and arbitration. Its 'doctrines' are in fact virtually all default rules. Contract Law Minimalism advances the thesis that commercial parties prefer a minimalist law that sets out to enforce what they have decided - but does nothing else. The limited capacity of the legal process is the key to this 'minimalist' stance. This book considers evidence that such minimalism is indeed what commercial parties choose to govern their transactions. It critically engages with alternative schools of thought, that call for active regulation of contracts to promote either economic efficiency or the trust and co-operation necessary for 'relational contracting'. The book also necessarily argues against the view that private law should be understood non-instrumentally (whether through promissory morality, corrective justice, taxonomic rationality, or otherwise). It sketches a restatement of English contract law in line with the thesis.

Practising Self-Government
  • A Comparative Study of Autonomous Regions
  • Edited by Yash Ghai, Sophia Woodman
  • Published online:
    05 September 2013
    Print publication:
    29 August 2013
  • Autonomy provides a framework that allows for regions within countries to exercise self-government beyond the extent available to other sub-state units. This book presents detailed case studies of thirteen such autonomies from around the world, in which noted experts on each outline the constitutional, legal and institutional frameworks as well as how these arrangements have worked in practice to protect minority rights and prevent secession of the territories in question. The volume's editors draw on the case studies to provide a comparative analysis of how autonomy works and the political and institutional conditions under which it is likely to become a workable arrangement for management of the differences that brought it into being.

Atiyah's Accidents, Compensation and the Law
  • 8th edition
  • Peter Cane
  • Published online:
    05 March 2013
    Print publication:
    08 February 2013
  • Since publication of the seventh edition of this seminal text, personal injury law has witnessed momentous changes. A major overhaul of the social security system began in 2012 and the Equality Act 2010 significantly modifies anti-discrimination law and its impact on the disabled. But perhaps the most important legal developments have affected the financing and conduct of personal injury claiming and the operation of the claims-management industry. This new edition takes account of all this activity while setting it into a wider and longer perspective. Complaints that Britain is a 'compensation culture' and that the tort system is out of control are explained and assessed and options for further change are explored. Through the turmoil and controversy, the tort system remains a central feature of the legal and social landscape. The book's enduring central argument for its radical reform remains as compelling as ever.

Karl Llewellyn and the Realist Movement
  • 2nd edition
  • William Twining
  • Published online:
    05 December 2012
    Print publication:
    17 September 2012
  • First published in 1973, Karl Llewellyn and the Realist Movement is a classic account of American Legal Realism and its leading figure. Karl Llewellyn is the best known and most substantial jurist of the group of lawyers known as the American Realists. He made important contributions to legal theory, legal sociology, commercial law, contract law, civil liberties and legal education. This intellectual biography sets Llewellyn in the broad context of the rise of the American Realist Movement and contains an overview of his life before focusing on his most important works, including The Cheyenne Way, The Bramble Bush, The Common Law Tradition and the Uniform Commercial Code. In this second edition the original text is supplemented with a preface by Frederick Schauer and an afterword in which William Twining gives a fascinating account of the making of the book and comments on developments in relevant legal scholarship over the past forty years.

Labour Law
  • Hugh Collins, K. D. Ewing, Aileen McColgan
  • Published online:
    05 November 2012
    Print publication:
    27 September 2012
  • Building on their successful cases and materials book, Collins, Ewing and McColgan present an entirely restructured and freshly written new textbook on employment law. Comprehensive and engaging, it combines detailed analysis and commentary on the law with short contextual extracts to fully equip the labour law student. Carefully balancing clear exposition of legal principles with critical and scholarly analysis, this is the definitive textbook on the subject written by the UK's foremost employment law scholars. The book's 20-part structure maps logically onto either a full or half module employment law course. Chapter introductions and conclusions and an uncluttered text design carefully guide the student through the material. Innovative case studies show the law 'in action' and discussion of the globalised workplace gives the work a contemporary feel. Put simply, this is required reading for all students of the subject.

The Changing Legal Regulation of Cohabitation
  • From Fornicators to Family, 1600–2010
  • Rebecca Probert
  • Published online:
    05 October 2012
    Print publication:
    06 September 2012
  • This book has three key aims: first, to show how the legal treatment of cohabiting couples has changed over the past four centuries, from punishment as fornicators in the seventeenth century to eventual acceptance as family in the late twentieth; second, to chart how the language used to refer to cohabitation has changed over time and how different terms influenced policy debates and public perceptions; and, third, to estimate the extent of cohabitation in earlier centuries. To achieve this it draws on hundreds of reported and unreported cases as well as legislation, policy papers and debates in Parliament; thousands of newspaper reports and magazine articles; and innovative cohort studies that provide new and more reliable evidence as to the incidence (or rather the rarity) of cohabitation in eighteenth- and nineteenth-century England. It concludes with a consideration of the relationship between legal regulation and social trends.

Law and the Technologies of the Twenty-First Century
  • Text and Materials
  • Roger Brownsword, Morag Goodwin
  • Published online:
    05 August 2012
    Print publication:
    14 June 2012
  • Law and the Technologies of the Twenty-First Century provides a contextual account of the way in which law functions in a broader regulatory environment across different jurisdictions. It identifies and clearly structures the four key challenges that technology poses to regulatory efforts, distinguishing between technology as a regulatory target and tool, and guiding the reader through an emerging field that is subject to rapid change. By extensive use of examples and extracts from the texts and materials that form and shape the scholarly and public debates over technology regulation, it presents complex material in a stimulating and engaging manner. Co-authored by a leading scholar in the field with a scholar new to the area, it combines comprehensive knowledge of the field with a fresh approach. This is essential reading for students of law and technology, risk regulation, policy studies, and science and technology studies.

Environmental Protection, Law and Policy
  • Text and Materials
  • 2nd edition
  • Jane Holder, Maria Lee
  • Published online:
    05 June 2012
    Print publication:
    19 July 2007
  • This 2007 book examines environmental law from a range of perspectives, emphasising the policy world from which environmental law is drawn and nourished. Those working within the discipline of environmental law need to engage with concepts and methods employed by disciplines other than law. The authors analyse the ways in which legal activities are supported and legitimated by work in traditional scientific or technical domains, as well as by certain more obscure but also influential cultural or philosophical assumptions. A range of regulatory techniques is explored in this book, through a close examination of both pollution control and land use. The highly complex nature of current environmental problems, demanding sophisticated and responsive legal controls, is illustrated by several in-depth case studies, including legal and policy analysis of the highly contested issues of genetically modified organisms and renewable energy projects.

Property Law
  • Commentary and Materials
  • Alison Clarke, Paul Kohler
  • Published online:
    05 June 2012
    Print publication:
    01 December 2005
  • An innovative examination of the law's treatment of property, this student textbook provides an extremely useful and readable account of general property law principles. It draws on a wide range of materials on property rights in general, and the English property law system in particular, looking at all kinds of property, not just land. It includes the core legal source materials in property law along with excerpts from social science literature, legal theory, and economics, many of which are not easily accessible to law students. These materials are accompanied by a critical commentary, as well as notes, questions and suggestions for further reading. It will be of interest to undergraduate property law students and to non-law students taking property law modules in courses covering planning, environmental law, economics and estate management.

Gender, Law and Justice in a Global Market
  • Ann Stewart
  • Published online:
    05 June 2012
    Print publication:
    25 August 2011
  • Theories of gender justice in the twenty-first century must engage with global economic and social processes. Using concepts from economic analysis associated with global commodity chains and feminist ethics of care, Ann Stewart considers the way in which 'gender contracts' relating to work and care contribute to gender inequalities worldwide. She explores how economies in the global north stimulate desires and create deficits in care and belonging which are met through transnational movements and traces the way in which transnational economic processes, discourses of rights and care create relationships between global south and north. African women produce fruit and flowers for European consumption; body workers migrate to meet deficits in 'affect' through provision of care and sex; British-Asian families seek belonging through transnational marriages.

Trusts Law
  • Text and Materials
  • 4th edition
  • Graham Moffat
  • With Gerry Bean, John Dewar
  • Published online:
    05 June 2012
    Print publication:
    29 September 2005
  • With its unique contextual emphasis and authoritative commentary, Trusts Law: Text and Materials is a book that no serious undergraduate on trust law courses can afford to be without. The book is divided into four main parts: trusts and the preservation of family wealth; trusts and family breakdown; trusts and commerce; and trusts and non-profit activity. Within each of these parts, leading cases, statutes, and historical and research materials are placed alongside the narrative of the author's text to give emphasis both to general theories of trust concepts and to the practical operation of trusts. Attention is also given to important themes such as the developing relationship between trusts law and other areas of private law such as the Law of Restitution. This new edition takes account of all relevant judicial and legislative developments since the third edition, and expands discussion of key themes in current developments of the law.

Democracy Distorted
  • Wealth, Influence and Democratic Politics
  • Jacob Rowbottom
  • Published online:
    05 June 2012
    Print publication:
    06 May 2010
  • High-profile controversies surrounding the funding of political parties have shown how inequalities in wealth can enter the political process. The growth of the professional lobbying of MPs and the executive raises similar questions about money in politics. More broadly, inequalities emerge in terms of the opportunities the public have to participate in political debate. This analysis of the ways wealth can be used to influence politics in Britain explores the threat posed to the principle of political equality. As well as examining lobbying and party funding, the discussion also focuses on the ownership and control of the media, the chance to be heard on the internet and the impact of the privatisation of public spaces on rights to assemble and protest. Looking at this range of political activities, the author proposes various strategies designed to protect the integrity of British democracy and stop inequalities in wealth becoming inequalities in politics.

British Government and the Constitution
  • Text and Materials
  • 7th edition
  • Colin Turpin, Adam Tomkins
  • Published online:
    05 June 2012
    Print publication:
    01 September 2011
  • Like the immensely successful previous edition of this highly respected work, this new edition has been jointly prepared and thorough updated by Colin Turpin and Adam Tomkins. It takes fully into account constitutional developments under the coalition government and examines the most recent case law of the Supreme Court, the European Court of Justice and the European Court of Human Rights. While it includes extensive material and commentary on contemporary constitutional practice, the book covers the historical traditions and the continuity of the British constitution as well as the current tide of change. Designed principally for law students, the book includes substantial extracts from parliamentary and other political sources, as well as from legislation and case law, making it ideal for politics and government students. With its fresh design it provides a full yet accessible account of the British constitution at a fascinating moment in its ongoing development.

Law and Administration
  • 3rd edition
  • Carol Harlow, Richard Rawlings
  • Published online:
    05 June 2012
    Print publication:
    20 August 2009
  • This definitive textbook explores the field of law which allows government and its agencies to practically apply its laws. The subject, affected by policy and political factors, can challenge even the more advanced student. In response, this title looks at both the law and the factors informing it, laying down the foundations of the subject. This contextualised approach also allows the student to develop the broadest possible perspective. Case law and legislation are set out and discussed, and the authors have built in a range of case studies to give a practical emphasis to the study. It is, however, the distinctive theoretical framework for administrative law that the authors develop that distinguishes this title from others and allows for real understanding of the subject. This updated edition will cement the title's seminal status.

Children's Rights and the Developing Law
  • 3rd edition
  • Jane Fortin
  • Published online:
    05 June 2012
    Print publication:
    13 August 2009
  • Following the implementation of the Human Rights Act 1998, awareness has increased that we live in a rights-based culture and that children constitute an important group of rights holders. Now in its third edition, Children's Rights and the Developing Law explores the way developing law and policies in England and Wales are simultaneously promoting and undermining the rights of children. It reflects on how far these developments take account of children's interests, using current research on children's needs as a template against which to assess their effectiveness and considering a broad range of topics, including medical law, education and youth justice. A critical approach is maintained throughout, particularly when assessing the extent to which the concept of children's rights is being acknowledged by the courts and policy makers and the degree to which the UK fulfils its obligations under, for example, the UN Convention on the Rights of the Child.

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