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Market Abuse Regulation
by Edward J Swan John VirgoMarket Abuse Regulation is a wide-ranging and insightful analysis of the market abuse regime and the applications of the regulations in the UK and European Union. It provides detailed discussion of the implementation and interpretation of the regulation, the conduct of investigations, the defences and appeals available against a finding of market abuse, and overlapping United States regulation. The new edition explains and evaluates the changes introduced by the Markets in Financial Instruments Directive , the Market Abuse Directive, the Market Abuse Regulation, and the implementation of the Regulation on Wholesale Market Integrity and Transparency, which have resulted in dramatic expansion of the coverage of EU market abuse regulation. It addresses the regulation of additional financial instruments, the expansion to include new markets and trading facilities, and changes to the coverage of commodity derivatives and physical commodities. It discusses the dramatic changes to the format of regulation as a result of the restructuring of UK regulators; as well as the addition of new EU supervisory bodies with revised powers over national regulation within the EU. Beyond the EU, it discusses international protocols and treaties which have also added to the regulatory structure.
Essays in Moral Skepticism
by Richard JoyceMoral skepticism is the denial that there is any such thing as moral knowledge. Some moral skeptics deny that moral judgments are beliefs; some allow that moral judgments are beliefs but claim that they are all untrue; others claim that all moral judgments are unjustified. Since the publication of The Myth of Morality in 2001, Richard Joyce has explored the terrain of moral skepticism and, perhaps more than any other living philosopher, has been willing to advocate versions of this radical view. Joyce's attitude toward morality is analogous to an atheist's attitude toward religion: he claims that in making moral judgments speakers attempt to state truths (e.g., that breaking promises is usually wrong) but that the world simply isn't furnished with the properties and relations necessary to render such judgments true. Moral thinking, he argues, probably emerged as a human adaptation, but one whose usefulness derived from its capacity to bolster social cohesion rather than its ability to track truths about the world. This forms the basis of Joyce's 'evolutionary debunking argument,' according to which evidence that a certain kind of judgment can be explained with no reference to its truth may reveal those judgments to lack warrant. Essays in Moral Skepticism gathers together a dozen of Joyce's most significant papers from the last decade, following the developments in his ideas, presenting responses to critics, and charting his exploration of the complex landscape of modern moral skepticism.
Essays in Moral Skepticism
by Richard JoyceMoral skepticism is the denial that there is any such thing as moral knowledge. Some moral skeptics deny that moral judgments are beliefs; some allow that moral judgments are beliefs but claim that they are all untrue; others claim that all moral judgments are unjustified. Since the publication of The Myth of Morality in 2001, Richard Joyce has explored the terrain of moral skepticism and, perhaps more than any other living philosopher, has been willing to advocate versions of this radical view. Joyce's attitude toward morality is analogous to an atheist's attitude toward religion: he claims that in making moral judgments speakers attempt to state truths (e.g., that breaking promises is usually wrong) but that the world simply isn't furnished with the properties and relations necessary to render such judgments true. Moral thinking, he argues, probably emerged as a human adaptation, but one whose usefulness derived from its capacity to bolster social cohesion rather than its ability to track truths about the world. This forms the basis of Joyce's 'evolutionary debunking argument,' according to which evidence that a certain kind of judgment can be explained with no reference to its truth may reveal those judgments to lack warrant. Essays in Moral Skepticism gathers together a dozen of Joyce's most significant papers from the last decade, following the developments in his ideas, presenting responses to critics, and charting his exploration of the complex landscape of modern moral skepticism.
Proprietary Rights and Insolvency
by Richard CalnanThis book explains how a creditor of an insolvent debtor can take priority over other creditors by claiming a proprietary interest in assets held by the debtor, and concentrates on the circumstances in which proprietary interests are created by operation of law or are implied from the arrangements between the parties. This is a subject of particular importance and difficulty in common law systems because of the changeable nature of equitable proprietary interests, and this book provides a clear and structured explanation of the current state of the law, with detailed reference to case law from England and Wales as well as Commonwealth jurisprudence, and suggests how it might be clarified and simplified by returning to first principles. The new edition considers a number of important developments which pertain to proprietary rights and insolvency. It evaluates the key decision of the Supreme Court in FHR European Ventures v Cedar Capital Partners. Although this has settled the question of whether constructive trusts extend to bribes, it has raised more general issues regarding the approach of the courts to the imposition of proprietary remedies, which the book explores. It also covers recent Privy Council and Court of Appeal decisions concerning constructive notice (Credit Agricole v Papadimitrou, Central Bank of Ecuador v Conticorp, and SFO v Lexi), as well as interesting issues concerning the new status of intangibles (Armstrong v Winnington) and the status of the anti-deprivation rule (Belmont Park v BNY). Proprietary Rights and Insolvency is a lucid and practical reference source on insolvency and property law.
Proprietary Rights and Insolvency
by Richard CalnanThis book explains how a creditor of an insolvent debtor can take priority over other creditors by claiming a proprietary interest in assets held by the debtor, and concentrates on the circumstances in which proprietary interests are created by operation of law or are implied from the arrangements between the parties. This is a subject of particular importance and difficulty in common law systems because of the changeable nature of equitable proprietary interests, and this book provides a clear and structured explanation of the current state of the law, with detailed reference to case law from England and Wales as well as Commonwealth jurisprudence, and suggests how it might be clarified and simplified by returning to first principles. The new edition considers a number of important developments which pertain to proprietary rights and insolvency. It evaluates the key decision of the Supreme Court in FHR European Ventures v Cedar Capital Partners. Although this has settled the question of whether constructive trusts extend to bribes, it has raised more general issues regarding the approach of the courts to the imposition of proprietary remedies, which the book explores. It also covers recent Privy Council and Court of Appeal decisions concerning constructive notice (Credit Agricole v Papadimitrou, Central Bank of Ecuador v Conticorp, and SFO v Lexi), as well as interesting issues concerning the new status of intangibles (Armstrong v Winnington) and the status of the anti-deprivation rule (Belmont Park v BNY). Proprietary Rights and Insolvency is a lucid and practical reference source on insolvency and property law.
EU Banking and Insurance Insolvency
Following the chaotic effects of the global financial crisis on European financial markets, the legislative regime introduced by the European Union (EU) represents a dramatic new approach to bank insolvency law, and will have a profound effect on the way banks function. The second edition of EU Banking and Insurance Insolvency evaluates these important developments and their implications for the Eurozone countries. A comprehensive general introduction sets out the EU insolvency law framework and the principles which govern financial institutions. The book provides detailed commentary on the Bank Recovery and Resolution Directive (BRRD) and Single Resolution Mechanism Regulation (SRMR), the legislative instruments central to the EU's response to the crisis, intended to harmonize Member States law. It considers the new powers given to government authorities under the BRRD to write down shares and debt instruments issued by banks, and the function of the newly created 'Single Resolution Board'. Commentary on the Winding-Up Directive (2001/24/EC) and the Insurance Insolvency Directive (2001/17/EC) discusses the significant changes these statutes have undergone as a consequence of the adoption of the BRRD and SRMR, as well as several high-profile court cases decided on the interpretation of these two statutes, including the Landsbanki and Kaupthing cases, and the Lehman Brothers, Isis Investments, and Heritable Bank cases. This is an invaluable practitioner guide to the new European banking insolvency regime, written by experts in the field.
EU Banking and Insurance Insolvency
by Gabriel Moss, Bob Wessels and Matthias HaentjensFollowing the chaotic effects of the global financial crisis on European financial markets, the legislative regime introduced by the European Union (EU) represents a dramatic new approach to bank insolvency law, and will have a profound effect on the way banks function. The second edition of EU Banking and Insurance Insolvency evaluates these important developments and their implications for the Eurozone countries. A comprehensive general introduction sets out the EU insolvency law framework and the principles which govern financial institutions. The book provides detailed commentary on the Bank Recovery and Resolution Directive (BRRD) and Single Resolution Mechanism Regulation (SRMR), the legislative instruments central to the EU's response to the crisis, intended to harmonize Member States law. It considers the new powers given to government authorities under the BRRD to write down shares and debt instruments issued by banks, and the function of the newly created 'Single Resolution Board'. Commentary on the Winding-Up Directive (2001/24/EC) and the Insurance Insolvency Directive (2001/17/EC) discusses the significant changes these statutes have undergone as a consequence of the adoption of the BRRD and SRMR, as well as several high-profile court cases decided on the interpretation of these two statutes, including the Landsbanki and Kaupthing cases, and the Lehman Brothers, Isis Investments, and Heritable Bank cases. This is an invaluable practitioner guide to the new European banking insolvency regime, written by experts in the field.
Penality in the Underground: The IRA's Pursuit of Informers (Clarendon Studies in Criminology)
by Ron DudaiSecret informers are often the biggest threat faced by underground rebel groups, which must respond to this challenge in order to survive. Using the IRA as a case-study, Penality in the Underground offers a systematic, in-depth analysis of this phenomenon, providing an empirical and theoretical account of the causes, forms, functions, and effects of the underground response to informers. While superficial media images tend to depict only ruthless killings, the book argues - using the lens of 'Punishment and Society' and drawing on rich interviews with IRA members and on archival sources - that groups such as the IRA develop complex systems of punishment and social control in their pursuit of informers. The book demonstrates how such systems are not only a mechanical response to a security problem, but are also shaped by other goals, risks, and imperatives, such as maintaining legitimacy, projecting a state-like image, and supporting governance efforts. This work thus identifies and explains some remarkable features of the IRA's pursuit of informers, such as the establishment of 'courts-martial', the granting of 'amnesties', the expansion of social control, the productive function of labelling 'treason' in asserting sovereignty, and the long-term consequences of the issue during transition out of conflict. By exploring the penal logics, practices, and discourses of armed rebel groups - engaged in direct struggle with the state agencies that normally carry out criminal justice - the book aims to expand the study of punishment and society and demonstrate its utility to the understanding of non-state actors.
Penality in the Underground: The IRA's Pursuit of Informers (Clarendon Studies in Criminology)
by Ron DudaiSecret informers are often the biggest threat faced by underground rebel groups, which must respond to this challenge in order to survive. Using the IRA as a case-study, Penality in the Underground offers a systematic, in-depth analysis of this phenomenon, providing an empirical and theoretical account of the causes, forms, functions, and effects of the underground response to informers. While superficial media images tend to depict only ruthless killings, the book argues - using the lens of 'Punishment and Society' and drawing on rich interviews with IRA members and on archival sources - that groups such as the IRA develop complex systems of punishment and social control in their pursuit of informers. The book demonstrates how such systems are not only a mechanical response to a security problem, but are also shaped by other goals, risks, and imperatives, such as maintaining legitimacy, projecting a state-like image, and supporting governance efforts. This work thus identifies and explains some remarkable features of the IRA's pursuit of informers, such as the establishment of 'courts-martial', the granting of 'amnesties', the expansion of social control, the productive function of labelling 'treason' in asserting sovereignty, and the long-term consequences of the issue during transition out of conflict. By exploring the penal logics, practices, and discourses of armed rebel groups - engaged in direct struggle with the state agencies that normally carry out criminal justice - the book aims to expand the study of punishment and society and demonstrate its utility to the understanding of non-state actors.
Bank Resolution and Crisis Management: Law and Practice
by Simon Gleeson Randall GuynnThe 2008 global financial crisis ushered in the biggest explosion in new bank regulation around the world since the Great Depression. Even more so than then, this new regulation has been coordinated on a global basis and reflects global standards as well as local idiosyncracies. Although governments and regulators have sought to put measures in place to prevent the failure of banks, they have acknowledged the need for measures to address what happens when banks fail or are threatened with failure and how to resolve such failure. Bank Resolution and Crisis Management: Law and Practice deals with the measures which European, U.S. and international law and policy makers have sought to put in place to deal with the threat of financial institutions failing, including enhanced supervision, early intervention and so called 'living wills'. Measures such as 'bail-out' (protecting private shareholders and creditors against losses) and 'bail-in' (imposing losses on shareholders and long-term creditors without causing contagion among short-term creditors) are discussed. The work includes comprehensive summaries and commentary on the EU Bank Recovery and Resolution Directive, the UK resolution laws including the Banking Act 2009 and amendments to that act, the Orderly Liquidation Authority under Title II of the U.S. Dodd-Frank Act, proposed new Chapter 14 to the U.S. Bankruptcy Code, and the bank resolution provisions of the U.S. Federal Deposit Insurance Act. The book also provides detailed commentary on the provisions in the Banking Act 2009 dealing with resolution, including discussion of the stabilisation, bank administration and insolvency powers. This includes analysis of secondary legislation such as the Partial Transfers Order. Special emphasis is given to the practical effect of such measures on financial transactions and their impact on arrangements, such as netting and set-off. There is also commentary on the Financial Services Investor Compensation Scheme and its role in returning money to the depositors in a failing bank. The special position of failing investment banks is also a feature of the book. Coverage includes analysis of the legislation adopted to address the particular issues that arose in the failure of Lehman Brothers and the resulting litigation, particularly that relating to the recovery of client assets. This work will be invaluable for regulatory, transactional and insolvency lawyers and other professionals advising banks on their powers and governance processes, in structuring and documenting transactions and in dealing with banks in the course of insolvency proceedings.
Bank Resolution and Crisis Management: Law and Practice
by Simon Gleeson Randall GuynnThe 2008 global financial crisis ushered in the biggest explosion in new bank regulation around the world since the Great Depression. Even more so than then, this new regulation has been coordinated on a global basis and reflects global standards as well as local idiosyncracies. Although governments and regulators have sought to put measures in place to prevent the failure of banks, they have acknowledged the need for measures to address what happens when banks fail or are threatened with failure and how to resolve such failure. Bank Resolution and Crisis Management: Law and Practice deals with the measures which European, U.S. and international law and policy makers have sought to put in place to deal with the threat of financial institutions failing, including enhanced supervision, early intervention and so called 'living wills'. Measures such as 'bail-out' (protecting private shareholders and creditors against losses) and 'bail-in' (imposing losses on shareholders and long-term creditors without causing contagion among short-term creditors) are discussed. The work includes comprehensive summaries and commentary on the EU Bank Recovery and Resolution Directive, the UK resolution laws including the Banking Act 2009 and amendments to that act, the Orderly Liquidation Authority under Title II of the U.S. Dodd-Frank Act, proposed new Chapter 14 to the U.S. Bankruptcy Code, and the bank resolution provisions of the U.S. Federal Deposit Insurance Act. The book also provides detailed commentary on the provisions in the Banking Act 2009 dealing with resolution, including discussion of the stabilisation, bank administration and insolvency powers. This includes analysis of secondary legislation such as the Partial Transfers Order. Special emphasis is given to the practical effect of such measures on financial transactions and their impact on arrangements, such as netting and set-off. There is also commentary on the Financial Services Investor Compensation Scheme and its role in returning money to the depositors in a failing bank. The special position of failing investment banks is also a feature of the book. Coverage includes analysis of the legislation adopted to address the particular issues that arose in the failure of Lehman Brothers and the resulting litigation, particularly that relating to the recovery of client assets. This work will be invaluable for regulatory, transactional and insolvency lawyers and other professionals advising banks on their powers and governance processes, in structuring and documenting transactions and in dealing with banks in the course of insolvency proceedings.
A Practical Approach to Commercial Conveyancing and Property (A Practical Approach)
by Robert Abbey Mark RichardsCommercial conveyancing and property is a complex and diverse area with many potential pitfalls. Equally, new developments in case law and legislation have caused major change for those working in the discipline. A Practical Approach to Commercial Conveyancing and Property provides a comprehensive, single-volume guide to the law and procedure of commercial property as well as the realities of working with commercial clients. Praised for its accessible and practical approach, it includes practical solutions to common difficulties, checklists, drafting tips, and helpful diagrams to guide practitioners and students alike through the intricacies of the field. Written by a well-established and respected author team, this fifth edition has been fully updated with the very latest developments in this area, including changes to taxation and Land Registry practice; increasing problems such as environmental issues; the reform of the law relating to distress; the RICS 2014 Code of Practice on Service Charges in Commercial Property; updated CPSE enquiries; enhanced coverage of property development; and significant new case law including Doleman v Shaw (2009), Clarence House v National Westminster Bank plc (2009), Coventry v Lawrence (2014), Humber Oil v Associated British Ports (2011), and Pillar Denton v Jervis (2014). The A Practical Approach series is the perfect partner for practice work. Each title focuses on one field of the law and provides a comprehensive overview of the subject together with clear, practical advice and tips on issues likely to arise in practice. The books are also an excellent resource for those new to the law, where the expert overview and clear layout promotes clarity and ease of understanding.
A Practical Approach to Commercial Conveyancing and Property (A Practical Approach)
by Mark Richards Robert AbbeyCommercial conveyancing and property is a complex and diverse area with many potential pitfalls. Equally, new developments in case law and legislation have caused major change for those working in the discipline. A Practical Approach to Commercial Conveyancing and Property provides a comprehensive, single-volume guide to the law and procedure of commercial property as well as the realities of working with commercial clients. Praised for its accessible and practical approach, it includes practical solutions to common difficulties, checklists, drafting tips, and helpful diagrams to guide practitioners and students alike through the intricacies of the field. Written by a well-established and respected author team, this fifth edition has been fully updated with the very latest developments in this area, including changes to taxation and Land Registry practice; increasing problems such as environmental issues; the reform of the law relating to distress; the RICS 2014 Code of Practice on Service Charges in Commercial Property; updated CPSE enquiries; enhanced coverage of property development; and significant new case law including Doleman v Shaw (2009), Clarence House v National Westminster Bank plc (2009), Coventry v Lawrence (2014), Humber Oil v Associated British Ports (2011), and Pillar Denton v Jervis (2014). The A Practical Approach series is the perfect partner for practice work. Each title focuses on one field of the law and provides a comprehensive overview of the subject together with clear, practical advice and tips on issues likely to arise in practice. The books are also an excellent resource for those new to the law, where the expert overview and clear layout promotes clarity and ease of understanding.
Corruption and Misuse of Public Office
by Colin Nicholls QC Tim Daniel Alan Bacarese James Maton John HatchardThe law and practice relating to corruption and the misuse of public office is of global importance. The first two editions of this book provided a comprehensive and detailed analysis of the law relating to corruption as it had been shaped over recent years. This new edition has been fully revised and updated to cover all major developments since the publication of the second edition, and to reflect the increasing importance of the fight against corruption worldwide. Expanded coverage of topics includes: examination of sector specific initiatives including a new chapter on sport; expanded coverage of the FCPA; civil and criminal mechanisms for recovering the proceeds of corruption; and new material on setting standards in the private sector. The third edition covers the laws and regulations of overseas jurisdictions including China, Russia and the UAE and developing countries such as Kenya. The book considers the broadening scope of corruption and its intersection with questions of integrity in public life and examines lobbying and the move towards open government. Written by leading practitioners with extensive experience of handling corruption cases, the book provides a clear exposition of the current law. It examines the legal and practical issues relating to the investigation and prosecution of corruption cases and includes coverage of specialist areas such as recovering the proceeds of corruption. Corruption cases often span jurisdictions. This book enables practitioners to handle any aspect of a corruption case by providing them with detailed analysis of the international efforts to combat corruption, and the legal developments taking place in key jurisdictions and regions covered by UN, EU, OECD, the Commonwealth, and other regional anti-corruption initiatives.
Corruption and Misuse of Public Office
by Tim Daniel John Hatchard Colin Nicholls QC Alan Bacarese James MatonThe law and practice relating to corruption and the misuse of public office is of global importance. The first two editions of this book provided a comprehensive and detailed analysis of the law relating to corruption as it had been shaped over recent years. This new edition has been fully revised and updated to cover all major developments since the publication of the second edition, and to reflect the increasing importance of the fight against corruption worldwide. Expanded coverage of topics includes: examination of sector specific initiatives including a new chapter on sport; expanded coverage of the FCPA; civil and criminal mechanisms for recovering the proceeds of corruption; and new material on setting standards in the private sector. The third edition covers the laws and regulations of overseas jurisdictions including China, Russia and the UAE and developing countries such as Kenya. The book considers the broadening scope of corruption and its intersection with questions of integrity in public life and examines lobbying and the move towards open government. Written by leading practitioners with extensive experience of handling corruption cases, the book provides a clear exposition of the current law. It examines the legal and practical issues relating to the investigation and prosecution of corruption cases and includes coverage of specialist areas such as recovering the proceeds of corruption. Corruption cases often span jurisdictions. This book enables practitioners to handle any aspect of a corruption case by providing them with detailed analysis of the international efforts to combat corruption, and the legal developments taking place in key jurisdictions and regions covered by UN, EU, OECD, the Commonwealth, and other regional anti-corruption initiatives.
The Oxford Edition of Blackstone's: Book I: Of the Rights of Persons
by William BlackstoneOxford's variorum edition of William Blackstone's seminal treatise on the common law of England and Wales offers the definitive account of the Commentaries' development in a modern format. For the first time it is possible to trace the evolution of English law and Blackstone's thought through the eight editions of Blackstone's lifetime, and the authorial corrections of the posthumous ninth edition. Introductions by the general editor and the volume editors set the Commentaries in their historical context, examining Blackstone's distinctive view of the common law, and editorial notes throughout the four volumes assist the modern reader in understanding this key text in the Anglo-American common law tradition. Book I: Of the Rights of Persons covers the key topics of constitutional and public law. Blackstone's inaugural lecture 'On the Study of the Law' introduces a series of general essays on the nature of law, including a chapter on 'The Absolute Rights of Individuals' . This is followed by an extended account of England's political constitution. The various categories of people or subjects are then surveyed, with special attention to the rights and obligations of masters and servants, husbands and wives, parents and children, and lastly 'artificial persons', or corporations. In addition to David Lemmings' introduction to the volume, Book I includes an introduction from the General Editor Wilfrid Prest.
The Oxford Edition of Blackstone's: Book I: Of the Rights of Persons
by William BlackstoneOxford's variorum edition of William Blackstone's seminal treatise on the common law of England and Wales offers the definitive account of the Commentaries' development in a modern format. For the first time it is possible to trace the evolution of English law and Blackstone's thought through the eight editions of Blackstone's lifetime, and the authorial corrections of the posthumous ninth edition. Introductions by the general editor and the volume editors set the Commentaries in their historical context, examining Blackstone's distinctive view of the common law, and editorial notes throughout the four volumes assist the modern reader in understanding this key text in the Anglo-American common law tradition. Book I: Of the Rights of Persons covers the key topics of constitutional and public law. Blackstone's inaugural lecture 'On the Study of the Law' introduces a series of general essays on the nature of law, including a chapter on 'The Absolute Rights of Individuals' . This is followed by an extended account of England's political constitution. The various categories of people or subjects are then surveyed, with special attention to the rights and obligations of masters and servants, husbands and wives, parents and children, and lastly 'artificial persons', or corporations. In addition to David Lemmings' introduction to the volume, Book I includes an introduction from the General Editor Wilfrid Prest.
The Oxford Edition of Blackstone's: Book II: Of the Rights of Things
by William BlackstoneOxford's variorum edition of William Blackstone's seminal treatise on the common law of England and Wales offers the definitive account of the Commentaries' development in a modern format. For the first time it is possible to trace the evolution of English law and Blackstone's thought through the eight editions of Blackstone's lifetime, and the authorial corrections of the posthumous ninth edition. Introductions by the general editor and the volume editors set the Commentaries in their historical context, examining Blackstone's distinctive view of the common law, and editorial notes throughout the four volumes assist the modern reader in understanding this key text in the Anglo-American common law tradition. Property law is the subject of Book II, the second and longest volume of Blackstone's Commentaries. His lucid exposition covers feudalism and its history, real estate and the forms of tenure that a land-owner may have, and personal property, including the new kinds of intangible property that were developing in Blackstone's era, such as negotiable instruments and intellectual property.
The Oxford Edition of Blackstone's: Book II: Of the Rights of Things
by William BlackstoneOxford's variorum edition of William Blackstone's seminal treatise on the common law of England and Wales offers the definitive account of the Commentaries' development in a modern format. For the first time it is possible to trace the evolution of English law and Blackstone's thought through the eight editions of Blackstone's lifetime, and the authorial corrections of the posthumous ninth edition. Introductions by the general editor and the volume editors set the Commentaries in their historical context, examining Blackstone's distinctive view of the common law, and editorial notes throughout the four volumes assist the modern reader in understanding this key text in the Anglo-American common law tradition. Property law is the subject of Book II, the second and longest volume of Blackstone's Commentaries. His lucid exposition covers feudalism and its history, real estate and the forms of tenure that a land-owner may have, and personal property, including the new kinds of intangible property that were developing in Blackstone's era, such as negotiable instruments and intellectual property.
The Oxford Edition of Blackstone's: Book III: Of Private Wrongs
by William BlackstoneOxford's variorum edition of William Blackstone's seminal treatise on the common law of England and Wales offers the definitive account of the Commentaries' development in a modern format. For the first time it is possible to trace the evolution of English law and Blackstone's thought through the eight editions of Blackstone's lifetime, and the authorial corrections of the posthumous ninth edition. Introductions by the general editor and the volume editors set the Commentaries in their historical context, examining Blackstone's distinctive view of the common law, and editorial notes throughout the four volumes assist the modern reader in understanding this key text in the Anglo-American common law tradition. Entitled Of Private Wrongs, Book III can be divided into three principal parts. The first describes the multiple courts in England and their jurisdictions, including the wrongs cognizable in each of them. The second describes some aspects of the substantive common law: wrongs to persons and to personal and real property. The third describes the processes of litigation in the courts of common law and equity.
The Oxford Edition of Blackstone's: Book III: Of Private Wrongs
by William BlackstoneOxford's variorum edition of William Blackstone's seminal treatise on the common law of England and Wales offers the definitive account of the Commentaries' development in a modern format. For the first time it is possible to trace the evolution of English law and Blackstone's thought through the eight editions of Blackstone's lifetime, and the authorial corrections of the posthumous ninth edition. Introductions by the general editor and the volume editors set the Commentaries in their historical context, examining Blackstone's distinctive view of the common law, and editorial notes throughout the four volumes assist the modern reader in understanding this key text in the Anglo-American common law tradition. Entitled Of Private Wrongs, Book III can be divided into three principal parts. The first describes the multiple courts in England and their jurisdictions, including the wrongs cognizable in each of them. The second describes some aspects of the substantive common law: wrongs to persons and to personal and real property. The third describes the processes of litigation in the courts of common law and equity.
The Oxford Edition of Blackstone's: Book IV: Of Public Wrongs
by William BlackstoneOxford's variorum edition of William Blackstone's seminal treatise on the common law of England and Wales offers the definitive account of the Commentaries' development in a modern format. For the first time it is possible to trace the evolution of English law and Blackstone's thought through the eight editions of Blackstone's lifetime, and the authorial corrections of the posthumous ninth edition. Introductions by the general editor and the volume editors set the Commentaries in their historical context, examining Blackstone's distinctive view of the common law, and editorial notes throughout the four volumes assist the modern reader in understanding this key text in the Anglo-American common law tradition. In the final volume of the Commentaries Blackstone presents a comprehensive and critical overview of English criminal law and procedure, prefaced by a discussion of the philosophical and basis of the criminal justice system. His final chapter 'On the Rise, Progress, and Gradual Improvements, of the Laws of England' provides a fitting historical conclusion to the work as a whole.
The Oxford Edition of Blackstone's: Book IV: Of Public Wrongs
by William BlackstoneOxford's variorum edition of William Blackstone's seminal treatise on the common law of England and Wales offers the definitive account of the Commentaries' development in a modern format. For the first time it is possible to trace the evolution of English law and Blackstone's thought through the eight editions of Blackstone's lifetime, and the authorial corrections of the posthumous ninth edition. Introductions by the general editor and the volume editors set the Commentaries in their historical context, examining Blackstone's distinctive view of the common law, and editorial notes throughout the four volumes assist the modern reader in understanding this key text in the Anglo-American common law tradition. In the final volume of the Commentaries Blackstone presents a comprehensive and critical overview of English criminal law and procedure, prefaced by a discussion of the philosophical and basis of the criminal justice system. His final chapter 'On the Rise, Progress, and Gradual Improvements, of the Laws of England' provides a fitting historical conclusion to the work as a whole.
Separation of Powers in African Constitutionalism (Stellenbosch Handbooks In African Constitutional Law)
by Charles M. FombadThe new series Stellenbosch Handbooks in African Constitutional Law will engage with contemporary issues of constitutionalism in Africa, filling a notable gap in African comparative constitutional law. Separation of Powers in African Constitutionalism is the first in the series, examining one of the critical measures introduced by African constitutional designers in their attempts to entrench an ethos of constitutionalism on the continent. Taking a critical look at the different ways in which attempts have been made to separate the different branches of government, the Handbook examines the impact this is having on transparent and accountable governance. Beginning with an overview of constitutionalism in Africa and the different influences on modern African constitutional developments, it looks at the relationship between the legislature and the executive as well as the relationship between the judiciary and the political branches. Despite differences in approaches between the different constitutional cultures that have influenced developments in Africa, there remain common problems. One of these problems is the constant friction in the relationship between the three branches and the resurgent threats of authoritarianism which clearly suggest that there remain serious problems in both constitutional design and implementation. The book also studies the increasing role being played by independent constitutional institutions and how they complement the checks and balances associated with the traditional three branches of government.
Arbitration of Trust Disputes: Issues in National and International Law (Oxford International Arbitration Series)
by Tony MolloyIn recent years, numerous jurisdictions have seen a significant shift in thinking about whether and to what extent matters involving the inner workings of a trust - so-called 'internal' trust disputes between settlors, trustees, and beneficiaries - are amenable to arbitration. Not only are parties expressing an increased desire to minimize the cost and delay of hostile trust litigation, but courts and legislatures from around the world have begun to demonstrate an increased willingness to allow these sorts of disputes to go to arbitration. Indeed, legislation allowing internal trust arbitration now exists in a number of jurisdictions, while courts in other countries have begun to allow mandatory arbitration of these types of disputes even in the absence of subject-specific statutes. This book discusses recent and anticipated developments concerning trust arbitration in a variety of domestic and cross-border settings. In so doing, the text not only provides necessary information about the special nature of national and international trust arbitration, it also bridges the gap between trust law and arbitration law by bringing together authors with expertise in both fields. Furthermore, this book is the first to provide detailed and critical analysis of various institutional initiatives in the area of trust arbitration (including measures proposed by the American Arbitration Association, the American College of Trust and Estate Counsel, the English Trust Law Committee, and the International Chamber of Commerce) and to offer in-depth coverage of various national, international, and comparative issues, including the applicability of the New York Convention and the Hague Trust Convention to internal trust arbitration. As a result, this book is a must-have for specialists in both trust law and arbitration law.