TOLES Legal English: Advanced English for Lawyers, Plain & Simple. International Legal English for Lawyers, Law Professionals & Law Students ( Master Legal Vocabulary & Terminology TOLES Edition)Most lawyers whose first language is not English face a problem when it comes to setting time aside to improve their communication skills in English, mainly due to a lack of time. This self-study book aims to bridge that gap by providing a structured framework under which law students, lawyers and other law professionals can significantly improve their knowledge of Legal English, contract law and the English legal system.You will be taken through the main vocabulary and grammar structures in commercial contracts and allowed to practise them through highly targeted activities which aim to develop, not only your lexical and grammatical skills, but also your confidence and overall competence within international legal settings. At the end of the book you will find a link to a short glossary with all the main terms of contract law and legal English, together with a phrasal verb mini-dictionary which includes definitions and exercises to perfect your mastery of this area of English. This book provides a complete preparation for Advanced Legal English vocabulary and grammar (from Basic to Advanced level) in the TOLES exam (Legal English)

Very Short Introductions: Brilliant, Sharp, Inspiring

Comparative Law: A Very Short Introduction aims to offer a concise introduction to Comparative Law--its objectives, methods, concepts and uses. After an overview of the fundamental definitions, key concepts and basic lexicon of the discipline, the book proposes an analysis of the most successful techniques adopted in legal comparison for mapping the world's legal systems and for explaining legal change and diffusion of law, also giving a concise description of the legal traditions of the world.

It also offers an account of the competing approaches adopted over time in comparative endeavours, from functionalism to culturalism and postmodernism, and highlights the different emphasis placed by each of these approaches on commonalities, faith in universal law and convergence, or on divergence and irreducible differences. Finally, the book provides readers with an understanding of the practical use of comparative law, describing how legal comparison is employed both in law-making and in adjudication, supplementing legal reasoning and interpretation.

ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

These are momentous times for the comparative analysis of judicial behaviour. Once the sole province of U.S. scholars--and mostly political scientists at that--now, researchers throughout the world, drawing on history, economics, law, and psychology, are illuminating how and why judges make the choices they do and what effect those choices have on society.

Bringing together leading scholars in the field, The Oxford Handbook of Comparative Judicial Behaviour consists of ten sections, each devoted to important subfields: fundamentals--providing overviews designed to identify common trends in courts worldwide; approaches to judging; data, methods, and technologies; staffing the courts; advocacy, litigation, and appellate review; opinions; relations within, between, and among courts; judicial independence; court and society; and frontiers of comparative judicial behaviour--dedicated to expanding on opportunities for advancement.

Rather than focusing on particular courts, countries, or regions, the organization of the individual chapters is topical. Each chapter explores an important topic-critically evaluating the state of that topic and identifying opportunities for future work. While the forty-two chapters share a common interest in explaining the causes and effects of judicial choices, the range of approaches to comparative research is wide, inclusive, and interdisciplinary, from contrasts and similarities to sophisticated research agendas reflecting the emerging field of judicial behaviour around the world.

Free Speech as Civic Structure: A Comparative Analysis of How Courts and Culture Shape the Freedom of Speech examines and explains the limited relevance of constitutional text to the scope and vibrancy of free speech rights within a particular national legal system. Across jurisdictions, text or its absence will serve merely as a starting point for judicial efforts to protect speech activity. These judicial efforts, involving an ongoing and dynamic process of common law constitutionalism, will set the precise metes and bounds of expressive freedom within a particular polity.

In the United States, the contemporary Supreme Court largely ignores the actual text of the First Amendment in First Amendment cases. Moreover, this pattern repeats elsewhere - including Australia, Israel, South Africa, and the United Kingdom. Judges in systems with relevant constitutional text (the United States and South Africa), as well as relevant statutory text (the United Kingdom), will often disregard the precise articulation of the right in favor of deploying a dynamic common law approach to protect speech from self-interested politicians who seek to distort the process of democratic deliberation. Judges also take the laboring oar in countries that lack a written free speech guarantee (Australia) or even a formal constitution as such (Israel).

The strength or weakness of free speech protections depends critically on the willingness and ability of judges to police government efforts to censor speech - in conjunction with the salience of speech as a socio-legal value within the body politic. Thus, a legal system featuring independent courts, ideally vested with a power of judicial review, but that lacks a written free speech guarantee will likely feature broader protection of the freedom of expression than a legal system with a written guarantee that lacks independent courts. Across jurisdictions, text or its absence invariably serves as, at best, as a starting point for judicial efforts to protect speech. Judges, engaged in a common law enterprise, matter far more than text and common law constitutionalism constitutes the global rule rather than the exception.

Extraterritoriality is often understood as an exceptional, sometimes even illegitimate, form of state lawmaking--yet it is pervasive in contemporary practice. Countries around the world rely on extraterritorial regulation to protect local markets, in areas including competition law and data privacy. It is also recognized as a useful strategy to promote international human rights, and to address shared challenges as diverse as transnational crime, tax base erosion, and climate change. The normalization of extraterritoriality as a legal technique, however, has by no means resolved longstanding debates about its place in the international legal order. Containing in-depth studies of fifteen legal systems, this volume provides a critical comparative perspective on those debates.

This book looks at thirteen different legal systems, ranging from Imperial China to modern Amish: how they worked, what problems they faced, how they dealt with them. Some chapters deal with a single legal system, others with topics relevant to several, such as problems with law based on divine revelation or how systems work in which law enforcement is private and decentralized. The book's underlying assumption is that all human societies face the same problems, deal with them in an interesting variety of different ways, are all the work of grown-ups, hence should all be taken seriously. It ends with a chapter on features of past legal systems that a modern system might want to borrow.

Praise for the previous editions
[A] slim guide to the constitution of the United Kingdom that is both highly readable and impressively thorough. It deserves a place on undergraduate reading lists ... [students] will certainly find it worth their while' Cambridge Law Journal

[The] written style is admirably clear, conversational and free from jargon ... It will be of immense interest to anybody with a general interest in UK law, politics and history. Times Higher Education

This timely new edition addresses the many constitutional changes that have arisen since 2016 (including those brought about by Brexit and the COVID-19 pandemic) whilst retaining its hallmark features of clarity and concision.

Adopting a thematic approach, it discusses questions of history, sources and conventions, the role of the Crown, Parliament and the electoral system, government and the executive, the judiciary, and the territorial distribution of power. In addition, it offers analysis of the evolution of the UK's historic non-codified constitution, its strengths and perceived weaknesses, and of reform initiatives. Engaging with the central issues in play as the UK enters a new chapter, it explores the impact on devolved government, the principle of sovereignty, the role of the courts and parliamentary reform.

As well as providing a contextual and authoritative overview of the principles, doctrines and institutions that underpin the elusive constitution, this study will allow students of law and politics, both from the UK and abroad, to develop an informed view of how it actually works.

How were post-Arab Spring constitutions drafted? What are the most significant elements of continuity and change within the new constitutional texts? What purposes are these texts designed to serve? To what extent have constitutional provisions been enforced? Have the principles of constitutionalism been strengthened compared to the past? These are some of the key questions Francesco Biagi addresses. Constitution Building After the Arab Spring. A Comparative Perspective examines seven national experiences of constitution building in the Arab world following the 2011 uprisings, namely those of Morocco, Algeria, Tunisia, Libya, Egypt, Syria, and Jordan. This interdisciplinary book, based largely on the author's own work and research in the region, compares these seven national experiences through four analytical frameworks: constitution-drafting and constitutional reform processes; separation of powers and forms of government; constitutional justice; and religion, women and non-Muslims within the framework of citizenship.

Did you ever wonder whether cryptocurrencies are allowed in Egypt? Or which rights token holders have in case of an insolvency under US law? Or what is the tax treatment of Bitcoin in France? This is the first book to address these questions and others in a comprehensive manner. Twenty-six reporters describe the rules of their national laws as applying to the new phenomena, from regulatory to private law, including conflict of laws. The findings are then summarised by two experts. The wide array of information provided in this book will help the reader navigate the global labyrinth of blockchain laws.

The development of autonomous vehicles requires all the countries of the world to adapt their respective legal systems. The scale and complexity of the task is daunting. The law is called upon to enable and even encourage the advent of this revolution, while guaranteeing a fair allocation of the resulting risks and ensuring public safety. What's more, the law must rise to this challenge at a time when it is impossible to predict in the medium term the speed at which autonomous vehicles will enter circulation, or even their degree of autonomy.

Adapting civil liability law appears to be the key to success. Faced with the peculiarities of autonomous vehicles, many concepts on which current liability regimes are based will need rethinking. For instance, the complex manufacturing of driving systems multiplies the number of potential liable parties, and the black box effect associated with the operation of learning AI increases the burden of proof in the event of a failure.

Ese libro del profesor Allan R. Brewer-carías, recoge varios de sus trabajos sobre procesos constituyentes que han tenido lugar en América Latina, partiendo de la consideración de las lecciones que hay que aprender de la experiencia venezolana de 1999, desde cuando se asaltó el poder con un proceso constituyente populista realizado sin respaldo en la Constitución; elementos que luego se siguieron con nefastas consecuencias propias del populismo constitucional en Ecuador, Bolivia, e incluso se intentaron ejecutar en Honduras.

Los trabajos que se incluyen en este libro fueron escritos en diversos tiempos sobre procesos constituyentes recientes que se ejecutaron o se proyectaron en América Latina, en particular, en Colombia, Venezuela, República Dominicana, Ecuador, Honduras, Perú y Chile, la mayoría de las cuales fueron publicadas cuando fueron preparadas en diversos países, medios y tiempos, y que ahora se han reunido en este libro, como contribución para evitar la repetición de los errores cometidos en algunos países que como consecuencia de procesos constituyentes realizados al margen de la Constitución, condujeron a la destrucción de la democracia y del Estado de derecho.

More than half of the world's population lives under law codes. Yet, defining the concept of codification remains elusive. Rather than delving into abstract theories, this book provides a rich and contextual comparative legal history of codes in France, Germany, the Netherlands, and Belgium from the late eighteenth century to the present.

The author starts by examining the evolution of French, German, Dutch, and Belgian codes in their political and comparative context, thus challenging deeply rooted national narratives. He covers the well-studied civil codes and the often-overlooked commercial and procedural codes and drafts that failed to become law.

Against this backdrop, the book embarks on a comprehensive analysis of the factors contributing to the success or failure of codification efforts. Employing an innovative method of comparative legal history, Redefining Codification explores the key players and objectives behind codification, revealing that traditional notions of codification are far removed from reality. Following the deconstruction of some 'universal truths' about codifications, this volume offers fresh insights into the behind-the-scenes of the lawmaking machinery and an empirically based definition of codification.

The Digital Markets Act (DMA) regulates those large digital platforms of leading global internet enterprises that act as gatekeepers. This practical guide sets out the new provisions of the DMA in a comprehensible and rigorous way. In so doing it answers the questions gatekeepers and users of these platforms are currently grappling with. This will be a key text for all lawyers involved in digital markets and platforms.

Comparative law is a common subject-matter of research and teaching in many universities around the world, and the twenty-first century has aptly been termed 'the era of comparative law'. This Cambridge Handbook of Comparative Law presents a truly global perspective of comparative law today. The contributors are drawn from all parts of the world to provide different perspectives on how we understand the 'law' and how it operates in practice. In substance, the Handbook contains 36 chapters covering a broad range of topics, divided under the following headings: 'Methods of Comparative Law' (Part I), 'Legal Families and Geographical Comparisons' (Part II), 'Central Themes in Comparative Law' (Part III); and 'Comparative Law beyond the State' (Part IV).

The first edition of The Hague Convention on International Child Abduction was recognized by the United States Court of Appeals for the Ninth Circuit in the key judgement Mozes v. Mozes as 'the leading treatise on the Convention'.

The second edition of The Hague Convention on International Child Abduction fully revises and updates the classic first edition, providing a distinct analysis and evaluation of the Convention as a global remedy for international child abductions, as well as offering the most comprehensive and authoritative examination of the core provisions that give rise to problems of interpretation and application in practice.

Part I will be of interest to all readers seeking a deeper theoretical understanding of the instrument and the role it plays within the overall context of resolving child abductions. It leads readers to an assessment of whether the summary return mechanism remains a viable solution and whether the Convention will be able to endure into the coming decades.

Part II draws on the strengths of the first edition in subjecting the core provisions and concepts of the Convention to a comparative analysis. Examples are drawn primarily from English language case law, but reference is also made to civil law jurisprudence. Part II will be of particular interest to practitioners specializing in international child abduction cases.

If you feel overwhelmed and intimidated each time you are asked to research a legal question involving the civil law of Qu bec, help is on the way. The Civil Code of Qu bec in Chart Form, by Denis Le May, provides a graphic, simple access tool for the Code. A series of tables and charts shows the general structure of the Code and the interrelationship between its component parts. Le May provides a broad overview of the subject categories covered by the Code and an explanation of the numbering system he adopted to represent the subdivisions in a uniform fashion. Each separate Book of the Civil Code has its own chapter. Each chapter contains the following: a chart giving an overall pictorial representation of the contents of that Book; a table of contents; a summary (including the text of important articles, definitions and explanatory notes); individual charts for subdivisions; and an index. The organizational structure of the book provides general finding tools and easy access to researchers in a variety of different situations: if she doesn't know where a concept is located (use the general index); if he knows the article number but wants to see the corresponding segment (use the articles/charts concordance table); if she knows in which Book the concept is located, but not the specific article (use the table of contents for that particular Book); or if he wants to quickly ascertain whether or not there is a chart which corresponds to the concept being researched (use the list of charts or the alphabetical index).

This book contains four essays:

1. Judicial Importation into Maltese Law of Italian Private Law Solutions and Its Implications

2. Historical Facts and Myths surrounding the Criminal Code of Malta

3. Medieval (Legal) Beasts in our Midst? A Terminological Ad Fontes Look at the Dissolution of Contracts under Maltese Law

4. Latin Wine Decanted into a Semitic Carafe: The Obscure Term Midheb in Vassalli's Lexicon and its Possible Usefulness for the Legal Historian

It is of interest not only to those analysing Maltese law, but also to those interested in Scots (Criminal) Law, British Imperialism, the translation of the Code Napoleon, Islamic Law, Jewish Law, and Maltese History.

Legal Traditions of the World places national laws in the broader context of major legal traditions, those of chthonic (or indigenous) law, talmudic law, civil law, Islamic law, common law, Hindu law and Confucian law. Each tradition is examined in terms of its institutions and substantive law, its founding concepts and methods, its attitude towards the concept of change and its teaching on relations with other traditions and peoples. The concept of legal tradition is explained as non-conflict in character and compatible with new and inclusive forms of logic.

Modern state law excludes populations, peoples, and social groups by making them invisible, irrelevant, or dangerous. In this book, Boaventura de Sousa Santos offers a radical critique of the law and develops an innovative paradigm of socio-legal studies which is based on the historical experience of the Global South. He traces the history of modern law as an abyssal law, or a kind of law that is theoretically invisible yet implements profound exclusions in practice. This abyssal line has been the key procedure used by modern modes of domination - capitalism, colonialism, and patriarchy - to divide people into two groups, the metropolitan and the colonial, or the fully human and the sub-human. Crucially, de Sousa Santos rejects the decadent pessimism that claims that we are living through 'the end of history'. Instead, this book offers practical, hopeful alternatives to social exclusion and modern legal domination, aiming to make post-abyssal legal utopias a reality.