Dear Colleagues:
Congratulations go out to Michael Crawford, TT Arvind & Jenny Steele, Pablo Marcello Baquero and Prue Vines & Arno Akkermans on their recent publications with Hart. Book descriptions and ordering details can be found below.
Happy Reading!
An
Expressive Theory of Possession
Michael J R Crawford
Possession is a foundational concept in property law. Despite its undoubted importance, it is poorly understood and a perennial source of confusion. Indeed, there is a widely held view amongst
lawyers that possession is an irredeemably ambiguous and amorphous concept. This book aims to challenge this conventional wisdom and to demonstrate that possession is in fact far simpler than generations of lawyers have been led to believe.
In viewing possession as a knotty problem for the philosopher or legal theoretician, scholars are apt to overlook the important truth that possession is a concept that laymen routinely and,
for the most part, effortlessly apply as they navigate through the countless property interactions that shape everyday life. The key to understanding the nature and function of possession in the law is to appreciate that the possession ‘rule’ is, first and
foremost, a spontaneously emergent phenomenon. Possession describes those acts that, as a matter of an extra-legal convention, constitute the accepted way in which members of a given population stake their claims to tangible things.
Fusing traditional legal analysis with insights from philosophy and economics,
An Expressive Theory of Possession applies this central claim to both theoretical and doctrinal problems in property law and, in doing so, provides a coherent explanation of possession and its role in law and life.
Michael JR Crawford
is Lecturer in Law at the University of New South Wales.
Jul 2020 | 9781509929924 | 232pp | Hbk | RSP:
£65
Discount Price: £52
Order online at
www.hartpublishing.co.uk – use the code UG6 at the checkout to
get 20% off your order!
Contract
Law and the Legislature
Autonomy, Expectations, and the Making of Legal Doctrine
Edited by TT Arvind and Jenny Steele
This volume revisits some of the key debates about the nature and shape of contract law, in light of the impact that statutes have had on its development. With contributions from leading contract
law scholars, it fills a significant gap in existing theoretical and doctrinal analyses of contract law, which rely primarily on cases to put forward accounts of the general principles and structure of contract law.
Statutory rules are, typically, seen as being specific instances of legal regulation that carve out exceptions to these general principles for specific reasons of policy. This treatment of
these rules has resulted in an incomplete understanding of the nature of contract law and the principles that underpin it. By drawing specifically on contract statutes, the volume produces a more complete picture of modern contract law. A companion to the
ground-breaking Tort Law and the Legislature: Common Law, Statute and the Dynamics of Legal Change (Hart Publishing, 2012) this collection will have a significant impact on the study of contract law.
TT Arvind
and Jenny Steele
are members of the School of Law at the University of York.
Networks
of Collaborative Contracts for Innovation
Pablo Marcello Baquero
With the rise of automation and artificial intelligence, the companies that will succeed in the future are those who operate under a constant state of innovation. Not just that, they will often
need to ensure that they pursue ‘open innovation’.
This book explores the contractual basis for innovation, examining the legal challenges raised by contracts to innovate. Offering a dual perspective, it takes an empirical approach to examine
how agreements are structured to overcome the inherent uncertainty implicit in innovative activity. It also presents a legal framework for contracts to innovate, based on the duty of loyalty to the contractual network, which could provide guidance to navigate
the uncertainty of these relationships.
Pablo Marcello Baquero
is a Postdoctoral Research Fellow at HEC Paris.
Sep 2020 | 9781509929962 | 240pp | Hbk | RSP:
£85
Discount Price: £68
Order online at
www.hartpublishing.co.uk – use the code UG6 at the checkout to
get 20% off your order!
Unexpected
Consequences of Compensation Law
Edited by Prue Vines and Arno Akkermans
This book explores the performance of compensation law in addressing the needs of the injured. Compensation procedure can be dangerous to your health and may fail to compensate without aggravation/creating
other problems. This book takes a refreshing and insightful approach to the law of compensation considering, from an interdisciplinary perspective, the actual effect of compensation law on people seeking compensation. Tort law, workers’ compensation, medical
law, industrial injury law and other schemes are examined and unintended consequences for injured people are considered. These include ongoing physical and mental illness, failure to rehabilitate, the impact on social security entitlements, medical care as
well as the impact on those who serve – the lawyers, administrators, medical practitioners etc. All are explored in this timely and fascinating book. The contributors include lawyers, psychologists, and medical practitioners from multiple jurisdictions including
Australia, the Netherlands, Canada, Italy and the UK.
Prue Vines
is Co-Director of the Private Law Research and Policy Group at the Faculty of Law, University of New South Wales.
Arno Akkermans is Director of the Amsterdam Law and Behaviour Institute at the Vrjie University, Amsterdam.
Sep 2020 | 9781509927999 | 312pp | Hbk | RSP:
£70
Discount Price: £56
Order online at
www.hartpublishing.co.uk – use the code UG6 at the checkout to
get 20% off your order!
Jason Neyers
Professor of Law
Faculty of Law
Western University
Law Building Rm 26
e. jneyers@uwo.ca
t. 519.661.2111 (x88435)