The Oxford Handbook of Comparative Law


Book Description

This fully revised and updated second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law. The Handbook contains forty-eight chapters written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.




Aesthetic Theory


Book Description

Adorno's magnum opus, in which he summarises his life's thinking on concepts of beauty, the ugly and the sublime.




Italian Populism and Constitutional Law


Book Description

This edited volume explores the relationship between constitutionalism and populism in the Italian context. Italian populism is of interest to comparative lawyers for many reasons. Firstly, the country has a long-lasting tradition of anti-parliamentarism over the course of its history as a unitary state. After the 2018 general election, it has turned into the first European country in which two self-styled populist parties formed a coalition government. Although it collapsed in August 2019, many issues that it had raised remain. Secondly, as Italy is a founding member of the European Communities, the constitutional implications of populist politics have to be considered not only within the national framework but also in a wider context. This book argues that the relationship between populism and constitutionalism should not be seen in terms of mutual exclusion and perfect opposition. Indeed, populism frequently relies on concepts and categories belonging to the language of constitutionalism (majority, democracy, people), offering a kind of constitutional counter-narrative.







A New History of the Humanities


Book Description

Offers the first overarching history of the humanities from Antiquity to the present.




Identifying Citizens


Book Description

New ID card systems are proliferating around the world. These may use digitized fingerprints or photos, may be contactless, using a scanner, and above all, may rely on computerized registries of personal information. In this timely new contribution, David Lyon argues that such IDs represent a fresh phase in the long-term attempts of modern states to find stable ways of identifying citizens. New ID systems are “new” because they are high-tech. But their newness is also seen crucially in the ways that they contribute to new means of governance. The rise of e-Government and global mobility along with the aftermath of 9/11 and fears of identity theft are propelling the trend towards new ID systems. This is further lubricated by high technology companies seeking lucrative procurements, giving stakes in identification practices to agencies additional to nation-states, particularly technical and commercial ones. While the claims made for new IDs focus on security, efficiency and convenience, each proposal is also controversial. Fears of privacy-loss, limits to liberty, government control, and even of totalitarian tendencies are expressed by critics. This book takes an historical, comparative and sociological look at citizen-identification, and new ID cards in particular. It concludes that their widespread use is both likely and, without some strong safeguards, troublesome, though not necessarily for the reasons most popularly proposed. Arguing that new IDs demand new approaches to identification practices given their potential for undermining trust and contributing to social exclusion, David Lyon provides the clearest overview of this topical area to date.




Beyond Territoriality


Book Description

This book traces the evolution of transnational legal authority in the course of globalization. Representative case studies buttress its conclusion that today transnational authority is multifaceted, a phenomenon that renders unreliable the concepts of territoriality/extraterritoriality as global governance markers.




Lessons from the Identity Trail


Book Description

During the past decade, rapid developments in information and communications technology have transformed key social, commercial and political realities. Within that same time period, working at something less than internet speed, much of the academic and policy debates arising from these new and emerging technologies have been fragmented. There have been few examples of interdisciplinary dialogue about the potential for anonymity and privacy in a networked society. Lessons from the Identity Trail fills that gap, and examines key questions about anonymity, privacy and identity in an environment that increasingly automates the collection of personal information and uses surveillance to reduce corporate and security risks. This project has been informed by the results of a multi-million dollar research project that has brought together a distinguished array of philosophers, ethicists, feminists, cognitive scientists, lawyers, cryptographers, engineers, policy analysts, government policy makers and privacy experts. Working collaboratively over a four-year period and participating in an iterative process designed to maximize the potential for interdisciplinary discussion and feedback through a series of workshops and peer review, the authors have integrated crucial public policy themes with the most recent research outcomes.




Multinationals and the Constitutionalization of the World Power System


Book Description

This collection offers a powerful and coherent study of the transformation of the multinational enterprise as both an object and subject of law within and beyond States. The study develops an analysis of the large firm as being a system of organization exercising vast powers through various instruments of private law, such as property rights, contracts and corporations. The volume focuses on the firm as the operational unit of governance within emerging systems of globalization, whilst exploring in-depth the forms within which the firm might be regulated as against the inhibiting parameters of national law. It connects, through the ordering concept of the firm in globalization, the distinct regimes of constitutionalization, national and international law. The study will be of interest to students and academics in globalization and the regulation of multinational corporations, as well as law, economics and politics on a global scale. It will also interest government leaders and NGOs working in the areas of MNE regulations.




Petrarch and the Textual Origins of Interpretation


Book Description

This volume addresses one of the most far-reaching aspects of Petrarch research and interpretation: the essential interplay between Petrarch’s texts and their material preparation and reception. The essays look at various facets of the interaction between Petrarchan philology and hermeneutics, working from the premise that in Petrarch’s work philological issues are so authorially driven that we cannot in fact read or interpret him without understanding the relevant philological issues and reapplying them in our critical approach to his works. To read and interpret Petrarch we must come to grips with the fundamentals of Petrarchan philology. This volume aims to show how a Petrarchan hermeneutics must be based on an understanding of Petrarchan philology.