Reason of State


Book Description

An original work on the important idea of reason of state and British and imperial history and constitutional theory.




Navigational Servitudes


Book Description

This work presents a new perspective on the role of States as reciprocal trustees for the Oceans Public Trust. The concept of the oceans and navigable waters as held in public trust is examined from its origins in the 17th century North Sea fisheries controversy with particular regard to the arguments by Selden and Grotius pertaining to State jurisdiction over oceans and marginal sea areas. Those arguments manifest an underlying common principle of navigational freedom reflected in the parallel public trust development of public rights to fishing and navigation as protected and preserved within the Royal Prerogative "jus publicum," The significance for the modern context is that the 1958 Geneva Conventions on the Law of the Sea, the 1982 United Nations Convention on the Law of the Sea and a myriad of other conventions now evidence an unstated but patent public trust in the communal responsibility of States within both the conventional and customary regime of the high seas, as well as in regimes for territorial seas and marginal sea areas as shared with extended coastal State jurisdictions. This book is intended to serve as a reference work for this somewhat arcane source of the Oceans Public Trust, and should prove a useful research source for those who study law of the sea.




An Age of Risk


Book Description

In An Age of Risk, Emily Nacol shows that risk, now treated as a permanent feature of our lives, did not always govern understandings of the future. Focusing on the epistemological, political, and economic writings of Thomas Hobbes, John Locke, David Hume, and Adam Smith, Nacol explains that in seventeenth- and eighteenth-century Britain, political and economic thinkers reimagined the future as a terrain of risk, characterized by probabilistic calculation, prediction, and control. In these early modern sources, Nacol contends, we see three crucial developments in thought on risk and politics. While early modern thinkers differentiated uncertainty about the future from probabilistic calculations of risk, they remained attentive to the ways uncertainty and risk remained in a conceptual tangle, a problem that constrained good decision making. They developed sophisticated theories of trust and credit as crucial background conditions for prudent risk-taking, and offered complex depictions of the relationships and behaviors that would make risk-taking more palatable. They also developed two narratives that persist in subsequent accounts of risk—risk as a threat to security, and risk as an opportunity for profit. Looking at how these narratives are entwined in early modern thought, Nacol locates the origins of our own ambivalence about risk-taking. By the end of the eighteenth century, she argues, a new type of political actor would emerge from this ambivalence, one who approached risk with fear rather than hope. By placing a fresh lens on early modern writing, An Age of Risk demonstrates how new and evolving orientations toward risk influenced approaches to politics and commerce that continue to this day.




The Curse of Bigness


Book Description

From the man who coined the term "net neutrality" and who has made significant contributions to our understanding of antitrust policy and wireless communications, comes a call for tighter antitrust enforcement and an end to corporate bigness.




Trusts and Modern Wealth Management


Book Description

New essays by leading figures from the judiciary, practicing lawyers and academics illuminating the worlds of trusts and wealth management.




The Freedom to Read


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The Modern Cy-près Doctrine


Book Description

It is unusual, in the precise world of law, to find instances of where ‘near enough is good enough’. This book explores when this is possible, referring to property and monetary transfers, under the increasingly important and influential cy-près doctrine. The doctrine decrees that, when literal compliance is impossible or infeasible, the intention of a donor or testator should be carried out ‘as nearly as possible’. Over the past thirty years, this doctrine has marched into other legal territory where ‘as near as possible’ is also considered sufficient, such as in class actions litigation and under non-charitable trusts. Discussing and analyzing key developments across the Commonwealth jurisdictions and the USA, this book considers whether there is a new and overarching definition which can be attributed to the cy-près doctrine. It asks whether there is a doctrinal symmetry of analysis that truly renders it a body of ‘cy-près law’ in the modern context and whether the doctrine can be expected to play an even greater role in the future. This book is of interest to researchers and practitioners working in trusts and charity law, property law, contract law, and class actions jurisprudence.




Report of Cases in Chancery


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