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The Oxford Handbook of Consequentialism (Oxford Handbooks)
Consequentialism is a major moral theory in contemporary philosophy: it is the view that the only thing that matters when making moral decisions is the outcome of those decisions. Consequentialists hold that to morally assess an act, we must first evaluate and rank the various ways that things could turn out depending on whether it or some alternative act is performed. Whether we should perform that act thus depends on how its outcome ranks relative to those of its alternatives. Consequentialism rivals deontology, contractualism, and virtue ethics, but, more importantly, it has influenced contemporary moral philosophy such that the consequentialist/non-consequentialist distinction is one of the most central in normative ethics. After all, every plausible moral theory must concede that the goodness of an act's consequences is something that matters, even if it's not the only thing that matters. Thus, all plausible moral theories will accept that both 1) an act's producing good consequences constitutes a moral reason to perform it, and 2) the better its consequences, the more of a moral reason there is to perform it. In this way, much of consequentialist ethical theory is important for normative ethics in general. This Oxford Handbook contains thirty-two previously unpublished contributions by top moral philosophers examining the current state of play in consequentialism and pointing to new directions for future research. The volume is organized into four major sections: foundational issues; objections to consequentialism; its forms and limits; and consequentialism's implications for policy, practice, and social reform.
The Oxford Handbook of Constitutional Law in Latin America
Constitutional law in Latin America embodies a mosaic of national histories, political experiments, and institutional transitions. No matter how distinctive these histories and transitions might be, there are still commonalities that transcend the mere geographical contiguity of these countries. This Handbook depicts the constitutional landscape of Latin America by shedding light on its most important differences and affinities, qualities and drawbacks, and by assessing its overall standing in the global enterprise of democratic constitutionalism. It engages with substantive and methodological conundrums of comparative constitutional law in the region, drawing meaningful comparisons between constitutional traditions. The volume is divided into two main parts. Part I focuses on exploring the constitutions for seventeen jurisdictions, offering a comprehensive country-by-country critique of the historical foundations, institutional architecture, and rights-based substantive identity of each constitution. Part II presents comparative analyses on the most controversial constitutional topics of the region, exploring central concepts in institutions and rights. The Oxford Handbook of Constitutional Law in Latin America is an essential resource for scholars and students of comparative constitutional law, and Latin American politics and history Written by leading experts, it comprehensively examines constitutions, controversies, institutions, and constitutional rights in Latin America.
The Oxford Handbook of Corporate Law and Governance (Oxford Handbooks)
Corporate law and corporate governance have been at the forefront of regulatory activities across the world for several decades now, and are subject to increasing public attention following the Global Financial Crisis of 2008. The Oxford Handbook of Corporate Law and Governance provides the global framework necessary to understand the aims and methods of legal research in this field. Written by leading scholars from around the world, the Handbook contains a rich variety of chapters that provide a comparative and functional overview of corporate governance. It opens with the central theoretical approaches and methodologies in corporate law scholarship in Part I, before examining core substantive topics in corporate law, including shareholder rights, takeovers and restructuring, and minority rights in Part II. Part III focuses on new challenges in the field, including conflicts between Western and Asian corporate governance environments, the rise of foreign ownership, and emerging markets. Enforcement issues are covered in Part IV, and Part V takes a broader approach, examining those areas of law and finance that are interwoven with corporate governance, including insolvency, taxation, and securities law as well as financial regulation. The Handbook is a comprehensive, interdisciplinary resource placing corporate law and governance in its wider context, and is essential reading for scholars, practitioners, and policymakers in the field.
The Oxford Handbook of Corporate Social Responsibility: Psychological and Organizational Perspectives (Oxford Handbooks)
Corporate social responsibility (CSR) continues to grow as an area of interest in academia and business. Encompassing broad topics such as the relationship between business, society, and government, environmental issues, globalization, and the social and ethical dimensions of management and corporate operation, CSR has become an increasingly interdisciplinary subject relevant to areas of economics, sociology, and psychology, among others. New directions in CSR research include advanced 'micro' based investigations in organizational behaviour and human resource management, additional studies of environmental social responsibility and sustainability, further research on 'strategic' CSR, connections between social responsibility and entrepreneurship, and improvements in methods and data analysis as the field matures. Through authoritative contributions from international scholars across the social sciences, this Handbook provides a cohesive overview of this recent expansion. It introduces new perspectives, new methodologies, and new evidence from a range of disciplines to encourage and facilitate interdisciplinary research and global implementation of corporate social responsibility.
The Oxford Handbook of Criminal Law (Oxford Handbooks)
The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.
The Oxford Handbook of Criminal Process (Oxford Handbooks)
The Oxford Handbook of Criminal Process surveys the topics and issues in the field of criminal process, including the laws, institutions, and practices of the criminal justice administration. The process begins with arrests or with crime investigation such as searches for evidence. It continues through trial or some alternative form of adjudication such as plea bargaining that may lead to conviction and punishment, and it includes post-conviction events such as appeals and various procedures for addressing miscarriages of justice. Across more than 40 chapters, this Handbook provides a descriptive overview of the subject sufficient to serve as a durable reference source, and more importantly to offer contemporary critical or analytical perspectives on those subjects by leading scholars in the field. Topics covered include history, procedure, investigation, prosecution, evidence, adjudication, and appeal.
The Oxford Handbook of Criminological Theory (Oxford Handbooks)
Criminological theory texts typically follow a conventional format. Diverse writings are neatly packaged into schools of thought, which are given clear labels and conveyed a chapter at a time, with topics like control theory in one chapter and strain theory in another. The Oxford Handbook of Criminological Theory takes a different approach across the criminological landscape. The volume is organized not around schools of thought but around themes that shape much thinking about and research on crime. This more unconventional approach seeks to show that criminological theory is not static but dynamic. In fact, most prominent scholars do not spend their time commenting upon and retesting theoretical propositions that have existed for many years. Rather, they move into more novel areas--areas often located in the interstitial junctures between more traditional theories. This Oxford Handbook presents a series of essays that captures not the past of criminology, but where theoretical explanation is headed. As a result, the volume is replete with new ideas, discussions of substantive topics with salient theoretical implications, and reviews and interpretations of literatures that illuminate promising avenues along which theory and research should evolve. Special attention is paid to how criminal participation is shaped intimately by individual traits, diverse social contexts, the situations in which the choice of crime is made, and exposure to coercive experiences. Each chapter can be read on its own--as furnishing an important analysis of a given theoretical issue--yet read as a whole, The Oxford Handbook of Criminological Theory offers a unique and deep understanding of criminology at its cutting edge.
The Oxford Handbook of Dietrich Bonhoeffer (Oxford Handbooks)
This volume provides a comprehensive resource for those wishing to understand the German theologian, pastor, and resistance conspirator Dietrich Bonhoeffer (1906-1945) and his writings. During his lifetime he made important contributions to many of the major areas of theology: ecclesiology, creation, Christology, discipleship, and ethics. The Oxford Handbook of Dietrich Bonhoeffer surveys, assesses, and presents the field of research and debates of Bonhoeffer and his legacy, as well as of previous Bonhoeffer scholarship. Featuring contributions from leading Bonhoeffer scholars, historians, theologians, and ethicists, many essays draw attention to Bonhoeffer's positive contributions, while several essays also identify limits and problems with his thinking as it stands. Divided into five parts, the first section provides a detailed outline of Bonhoeffer's biography and the contexts that gave rise to his theology. The contributors explore the dynamic relationship between Bonhoeffer's life and theology. Section two provides rigorous engagements with and assessments of Bonhoeffer's theology on its own terms. Part three demonstrates how Bonhoeffer's ethical claims and engagements are deeply integrated with theological commitments. The fourth section showcases some of the best work drawing upon Bonhoeffer for engaging contemporary challenges, including feminism, race, public theology in South Africa, and contemporary philosophy. In recent decades, Bonhoeffer's theology has provoked significant critical reflection on social and cultural issues. The essays in this section exemplify how his writings can continue to contribute to such reflection today. The fifth and final section consists of essays on resources for the contemporary study of Bonhoeffer and his theology, including sources and texts, biographies and portraits, and readings and receptions. These essays also address pressing historiographical issues and problems surrounding writing about Bonhoeffer's life and theology. This authoritative collection draws together and assesses the very best of existing research on Bonhoeffer and promotes new avenues for research on Bonhoeffer.
The Oxford Handbook of Economic Conflict Resolution (Oxford Handbooks)
Individuals, groups, and societies all experience conflict, and attempt to resolve it in numerous ways. This Handbook brings together scholars from multiple disciplines to offer perspectives on the current state and future challenges in negotiation and conflict resolution. It will serve as an aid to scholars in identifying new research topics, provide a guide to current debates, and identify complementarities between approaches taken by different disciplines and the insights which those approaches generate. Leading researchers of economics, psychology, organizational behavior, policy, and other fields have contributed chapters. The volume is organized to purposefully juxtapose contributions from different fields to enable cross-fertilization between the disciplines and to generate new and creative approaches to studying the topic. These chapters provide a lens into current scholarship, and a window into the future of the field of economic conflict resolution. The confluence of research perspectives represented will identify further synergies and advances in our understanding of this topic.
The Oxford Handbook of Ethics at the End of Life (Oxford Handbooks)
This handbook explores the topic of death and dying from the late twentieth to the early twenty-first centuries, with particular emphasis on the United States. In this period, technology has radically changed medical practices and the way we die as structures of power have been reshaped by the rights claims of African Americans, women, gays, students, and, most relevant here, patients. Respecting patients' values has been recognized as the essential moral component of clinical decision-making. Technology's promise has been seen to have a dark side: it prolongs the dying process. For the first time in history, human beings have the ability control the timing of death. With this ability comes a responsibility that is awesome and inescapable. How we understand and manage this responsibility is the theme of this volume. The book comprises six sections. Section I examines how the law has helped shape clinical practice, emphasizing the roles of rights and patient autonomy. Section II focuses on specific clinical issues, including death and dying in children, continuous sedation as a way to relieve suffering at the end of life, and the problem of prognostication in patients who are thought to be dying. Section III considers psychosocial and cultural issues. Section IV discusses death and dying among various vulnerable populations such as the elderly and persons with disabilities. Section V deals with physician-assisted suicide and active euthanasia (lethal injection). Finally, Section VI looks at hospice and palliative care as a way to address the psychosocial and ethical problems of death and dying.
The Oxford Handbook of Ethics of AI (Oxford Handbooks)
This volume tackles a quickly-evolving field of inquiry, mapping the existing discourse as part of a general attempt to place current developments in historical context; at the same time, breaking new ground in taking on novel subjects and pursuing fresh approaches. The term "A.I." is used to refer to a broad range of phenomena, from machine learning and data mining to artificial general intelligence. The recent advent of more sophisticated AI systems, which function with partial or full autonomy and are capable of tasks which require learning and 'intelligence', presents difficult ethical questions, and has drawn concerns from many quarters about individual and societal welfare, democratic decision-making, moral agency, and the prevention of harm. This work ranges from explorations of normative constraints on specific applications of machine learning algorithms today-in everyday medical practice, for instance-to reflections on the (potential) status of AI as a form of consciousness with attendant rights and duties and, more generally still, on the conceptual terms and frameworks necessarily to understand tasks requiring intelligence, whether "human" or "A.I."
The Oxford Handbook of Ethics of War (Oxford Handbooks)
Recent years have seen a resurgence of interest, among both philosophers, legal scholars, and military experts, on the ethics of war. Due in part due to post 9/11 events, this resurgence is also due to a growing theoretical sophistication among scholars in this area. Recently there has been very influential work published on the justificaton of killing in self-defense and war, and the topic of the ethics of war is now more important than ever as a discrete field. The 28 commissioned chapters in this Handbook will present a comprehensive overview of the field as well as make significant and novel contributions, and collectively they will set the terms of the debate for the next decade. Lazar and Frowe will invite the leading scholars in the field to write on topics that are new to them, making the volume a compilation of fresh ideas rather than a rehash of earlier work. The volume will be dicided into five sections: Method, History, Resort, Conduct, and Aftermath. The contributors will be a mix of junior and senior figures, and will include well known scholars like Michael Walzer, Jeff McMahan, and David Rodin.
The Oxford Handbook of Ethnographies of Crime and Criminal Justice (Oxford Handbooks)
Despite ethnography's long and distinguished history in the social sciences, its use in criminology is still relatively rare. Over the years, however, ethnographers in the United States and abroad have amassed an impressive body of work on core criminological topics and groups, including gang members, sex workers, drug dealers, and drug users. Ethnographies on criminal justice institutions have also flourished, with studies on police, courts, and prisons providing deep insights into how these organizations operate and shape the lives of people who encounter them. The Oxford Handbook of Ethnographies of Crime and Criminal Justice provides critical and current reviews of key research topics, issues, and debates that crime ethnographers have been grappling with for over a century. This volume brings together an outstanding group of ethnographers to discuss various research traditions, the ethical and pragmatic challenges associated with conducting crime-related fieldwork, relevant policy recommendations for practitioners in the field, and areas of future research for crime ethnographers. In addition to exhaustive overview essays, the handbook also presents case studies that serve as exemplars for how ethnographic inquiry can contribute to our understanding of crime and criminal justice-related topics.
The Oxford Handbook of European Legal History (Oxford Handbooks)
European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on "heartlands" of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical "fringes" such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.
The Oxford Handbook of European Union Law (Oxford Handbooks)
Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.
The Oxford Handbook of Feminist Philosophy (Oxford Handbooks)
This exciting new Handbook offers a comprehensive overview of the contemporary state of the field in feminist philosophy. The editors' introduction and forty-five essays cover feminist critical engagements with philosophy and adjacent scholarly fields, as well as feminist approaches to current debates and crises across the world. Authors cover topics ranging from the ways in which feminist philosophy attends to other systems of oppression, and the gendered, racialized, and classed assumptions embedded in philosophical concepts, to feminist perspectives on prominent subfields of philosophy. The first section contains chapters that explore feminist philosophical engagement with mainstream and marginalized histories and traditions, while the second section parses feminist philosophy's contributions to numerous philosophical subfields, for example metaphysics and bioethics. A third section explores what feminist philosophy can illuminate about crucial moral and political issues of identity, gender, the body, autonomy, prisons, among numerous others. The Handbook concludes with the field's engagement with other theories and movements, including trans studies, queer theory, critical race, theory, postcolonial theory, and decolonial theory. The volume provides a rigorous but accessible resource for students and scholars who are interested in feminist philosophy, and how feminist philosophers situate their work in relation to the philosophical mainstream and other disciplines. Above all it aims to showcase the rich diversity of subject matter, approach, and method among feminist philosophers.
The Oxford Handbook of Fiduciary Law (Oxford Handbooks)
The Oxford Handbook of Fiduciary Law provides a comprehensive overview of critical topics in fiduciary law and theory through chapters authored by leading scholars. The Handbook opens with surveys of the many fields of law in which fiduciary duties arise, including agency law, trust law, corporate law, pension law, bankruptcy law, family law, employment law, legal representation, health care, and international law. Drawing on these surveys, the Handbook offers a synthetic analysis of fiduciary law's key concepts and principles. Chapters in the Handbook explore the defining features of fiduciary relationships, clarify the distinctive fiduciary duties that arise in these relationships, and identify the remedies available for breach of fiduciary duties. The volume also provides numerous comparative perspectives on fiduciary law from eminent legal historians and from scholars with deep expertise in a diverse array of the world's legal systems. Finally, the Handbook lays the groundwork for future research on fiduciary law and theory by highlighting cross-cutting themes, identifying persistent theoretical and practical challenges, and exploring how the field could be enriched through empirical analysis and interdisciplinary insights from economics, philosophy, and psychology. Unparalleled in its breadth and depth of coverage, The Oxford Handbook of Fiduciary Law represents an invaluable resource for practitioners, policymakers, scholars, and students in this essential field of law.
The Oxford Handbook of Financial Regulation (Oxford Handbooks)
The financial system and its regulation have undergone exponential growth and dramatic reform over the last thirty years. This period has witnessed major developments in the nature and intensity of financial markets, as well as repeated cycles of regulatory reform and development, often linked to crisis conditions. The recent financial crisis has led to unparalleled interest in financial regulation from policymakers, economists, legal practitioners, and the academic community, and has prompted large-scale regulatory reform. The Oxford Handbook of Financial Regulation is the first comprehensive, authoritative, and state of the art account of the nature of financial regulation. Written by an international team of leading scholars in the field, it takes a contextual and comparative approach to examine scholarly, policy, and regulatory developments in the past three decades. The first three parts of the Handbook address the underpinning horizontal themes which arise in financial regulation: financial systems and regulation; the organization of financial system regulation, including regional examples from the EU and the US; and the delivery of outcomes and regulatory techniques. The final three Parts address the perennial objectives of financial regulation, widely regarded as the anchors of financial regulation internationally: financial stability, market efficiency, integrity, and transparency; and consumer protection. The Oxford Handbook of Financial Regulation is an invaluable resource for scholars and students of financial regulation, economists, policy-makers and regulators.
The Oxford Handbook of Food Ethics (Oxford Handbooks)
Academic food ethics incorporates work from philosophy but also anthropology, economics, the environmental sciences and other natural sciences, geography, law, and sociology. Scholars from these fields have been producing work for decades on the food system, and on ethical, social, and policy issues connected to the food system. Yet in the last several years, there has been a notable increase in philosophical work on these issues-work that draws on multiple literatures within practical ethics, normative ethics and political philosophy. This handbook provides a sample of that philosophical work across multiple areas of food ethics: conventional agriculture and alternatives to it; animals; consumption; food justice; food politics; food workers; and, food and identity.
The Oxford Handbook of Food, Water and Society (Oxford Handbooks)
Food, water and society: what is managed by whom, and with what impacts? Our food supply chains are at risk. Water resources--sometimes scarce, often damaged, and always under-valued--are among the major reasons why food and water security rank high every year in the World Economic Forum's major global risk analysis. A stable and sustainable food system is critical to society's survival. This Handbook shows that keeping the food system stable comes at the expense of the environment, especially of water resources and those who consume and manage them. The way the food system operates reflects hard political realities. Rather than pay for the environmental costs of sustainable production, society expects food at ever lower prices. Governments reflect their electorates in this regard. Given that farm production may account for as little as 10% of the food value chain in wealthy economies, it is striking that governments have been unwilling (or unable) to put in place the essential laws and accountability that would enable famers to ensure both production and stewardship. Corporate food traders, food manufacturers, and retailers on the other hand operate in markets that make profits and pay taxes. But these corporations are not contractually bound to utilize highly nutritious, sustainably produced food commodities. The articles in this Oxford Handbook have been written by water and food system scientists and professionals, including farmers, rarely heard voices who understand the problems of food producers, food manufacturers, and regulating markets and public policy. The articles address the blind spots of society and its public policymakers, demonstrating the importance of informing society about the consequences of its food preferences and the heroic challenges it is beginning to face. The damage we are doing to our water and soil ecosystems is as important as the damage we do to the atmosphere. Impressed by the technical and organizational advances of the past two centuries, the contributors featured in this book also take note of where economic inefficiencies and cultural deadlock in a 4,000 year old system are putting our critical food supply chains at risk.
The Oxford Handbook of Freedom of Speech (Oxford Handbooks)
Freedom of speech is central to the liberal democratic tradition. It touches on every aspect of our social and political system and receives explicit and implicit protection in every modern democratic constitution. It is frequently referred to in public discourse and has inspired a wealth of legal and philosophical literature. The liberty to speak freely is often questioned; what is the relationship between this freedom and other rights and values, how far does this freedom extend, and how is it applied to contemporary challenges? The Oxford Handbook on Freedom of Speech seeks to answer these and other pressing questions. It provides a critical analysis of the foundations, rationales, and ideas that underpin freedom of speech as a political idea, and as a principle of positive constitutional law. In doing so, it examines freedom of speech in a variety of national and supra-national settings from an international perspective. Compiled by a team of renowned experts in the field, this handbook features original essays by leading scholars and theorists exploring the history, legal framework and controversies surrounding this tennet of the democratic constitution.
The Oxford Handbook of Global Legal Pluralism (Oxford Handbooks)
Over the past two decades Global Legal Pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the 21st century. Wherever one looks, there is conflict among multiple legal regimes. Some of these regimes are state-based, some are built and maintained by non-state actors, some fall within the purview of local authorities and jurisdictional entities, and some involve international courts, tribunals, and arbitral bodies, and regulatory organizations. Global Legal Pluralism has provided, first and foremost, a set of useful analytical tools for describing this conflict among legal and quasi-legal systems. At the same time, some pluralists have also ventured in a more normative direction, suggesting that legal systems might sometimes purposely create legal procedures, institutions, and practices that encourage interaction among multiple communities. These scholars argue that pluralist approaches can help foster more shared participation in the practices of law, more dialogue across difference, and more respect for diversity without requiring assimilation and uniformity. Despite the veritable explosion of scholarly work on legal pluralism, conflicts of law, soft law, global constitutionalism, the relationships among relative authorities, transnational migration, and the fragmentation and reinforcement of territorial boundaries, no single work has sought to bring together these various scholarly strands, place them into dialogue with each other, or connect them with the foundational legal pluralism research produced by historians, anthropologists, and political theorists. Paul Schiff Berman, one of the world's leading theorists of Global Legal Pluralism, has gathered over 40 diverse authors from multiple countries and multiple scholarly disciplines to touch on nearly every area of legal pluralism research, offering defenses, critiques, and applications of legal pluralism to 21st-century legal analysis. Berman also provides introductions to every part of the book, helping to frame the various approaches and perspectives. The result is the first comprehensive review of Global Legal Pluralism scholarship ever produced. This book will be a must-have for scholars and students seeking to understand the insights of legal pluralism to contemporary debates about law. At the same time, this volume will help energize and engage the field of Global Legal Pluralism and push this scholarly trajectory forward into another two decades of innovation.
The Oxford Handbook of Intellectual Property Law (Oxford Handbooks)
We live in an age in which expressive, informational, and technological subject matter are becoming increasingly important. Intellectual property is the primary means by which the law seeks to regulate such subject matter. It aims to promote innovation and creativity, and in doing so to support solutions to global environmental and health problems, as well as freedom of expression and democracy. It also seeks to stimulate economic growth and competition, accounting for its centrality to EU Internal Market and international trade and development policies. Additionally, it is of enormous and increasing importance to business. As a result there is a substantial and ever-growing interest in intellectual property law across all spheres of industry and social policy, including an interest in its legal principles, its social and normative foundations, and its place and operation in the political economy. This handbook written by leading academics and practitioners from the field of intellectual property law, and suitable for both a specialist legal readership and an intelligent but non-specialist legal and non-legal readership, provides a comprehensive account of the following areas: - The foundations of IP law, including its emergence and development in different jurisdictions and regions; - The substantive rules and principles of IP; and - Important issues arising from the existence and operation of IP in the political economy.
The Oxford Handbook of International Adjudication (Oxford Handbooks)
The post-Cold War proliferation of international adjudicatory bodies and increase in litigation has greatly affected international law and politics. A growing number of international courts and tribunals, exercising jurisdiction over international crimes and sundry international disputes, have become, in some respects, the lynchpin of the international legal system. The Oxford Handbook of International Adjudication charts the transformations in international adjudication that took place astride the twentieth and twenty-first century, bringing together the insight of 47 prominent legal, philosophical, ethical, political, and social science scholars. Overall, the 40 contributions in this Handbook provide an original and comprehensive understanding of the various contemporary forms of international adjudication. The Handbook is divided into six parts. Part I provides an overview of the origins and evolution of international adjudicatory bodies, from the nineteenth century to the present, highlighting the dynamics driving the multiplication of international adjudicative bodies and their uneven expansion. Part II analyses the main families of international adjudicative bodies, providing a detailed study of state-to-state, criminal, human rights, regional economic, and administrative courts and tribunals, as well as arbitral tribunals and international compensation bodies. Part III lays out the theoretical approaches to international adjudication, including those of law, political science, sociology, and philosophy. Part IV examines some contemporary issues in international adjudication, including the behavior, role, and effectiveness of international judges and the political constraints that restrict their function, as well as the making of international law by international courts and tribunals, the relationship between international and domestic adjudicators, the election and selection of judges, the development of judicial ethical standards, and the financing of international courts. Part V examines key actors in international adjudication, including international judges, legal counsel, international prosecutors, and registrars. Finally, Part VI overviews select legal and procedural issues facing international adjudication, such as evidence, fact-finding and experts, jurisdiction and admissibility, the role of third parties, inherent powers, and remedies. The Handbook is an invaluable and thought-provoking resource for scholars and students of international law and political science, as well as for legal practitioners at international courts and tribunals.
The Oxford Handbook of International Antitrust Economics, Volume 1 (Oxford Handbooks)
More than any other area of regulation, antitrust economics shapes law and policy in the United States, the Americas, Europe, and Asia. In a number of different areas of antitrust, advances in theory and empirical work have caused a fundamental reevaluation and shift of some of the assumptions behind antitrust policy. This reevaluation has profound implications for the future of the field. The Oxford Handbook of International Antitrust Economics has collected chapters from many of the leading figures in antitrust. In doing so, this two volume Handbook provides an important reference guide for scholars, teachers, and practitioners. However, it is more than a merely reference guide. Rather, it has a number of different goals. First, it takes stock of the current state of scholarship across a number of different antitrust topics. In doing so, it relies primarily upon the economics scholarship. In some situations, though, there is also coverage of legal scholarship, case law developments, and legal policies. The second goal of the Handbook is to provide some ideas about future directions of antitrust scholarship and policy. Antitrust economics has evolved over the last 60 years. It has both shaped policy and been shaped by policy. The Oxford Handbook of International Antitrust Economics will serve as a policy and research guide of next steps to consider when shaping the future of the field of antitrust.