Books by Hart Publishing Ltd
The Publisher's aim is a simple one: to publish good academic books and journals about law which will enhance the study and practice of law in all its aspects.
Hart Publishing have been highly commended in the 'Academic, Educational & Professional Publisher of the Year' category at The Bookseller Industry Awards 2012.
The UK and European Human Rights
A Strained Relationship?
Author: Edited by: Katja S Ziegler, Elizabeth Wicks, Loveday Hodson
Publication Date: October 2015
Publisher's Title Information
The UK's engagement with the legal protection of human rights at a European level has been, at varying stages, pioneering, sceptical and antagonistic. The UK government, media and public opinion have all at times expressed concerns about the growing influence of European human rights law, particularly in the controversial contexts of prisoner voting and deportation of suspected terrorists as well as in the context of British military action abroad. British politicians and judges have also, however, played important roles in drafting, implementing and interpreting the European Convention on Human Rights. Its incorporation into domestic law in the Human Rights Act 1998 intensified the ongoing debate about the UK's international and regional human rights commitments. Furthermore, the increasing importance of the European Union in the human rights sphere has added another layer to the relationship and highlights the complex relationship(s) between the UK government, the Westminster Parliament and judges in the UK, Strasbourg and Luxembourg.
The book analyses the topical and contentious issue of the relationship between the UK and the European systems for the protection of human rights from doctrinal, contextual and comparative perspectives and explores factors that influence the relationship of the UK and European human rights.
Katja S Ziegler is Sir Robert Jennings Professor of International Law, Elizabeth Wicks is Professor of Human Rights Law and Loveday Hodson is Senior Lecturer in Law, all at the University of Leicester.
The great merit of the book is that it is so multifaceted, going far beyond looking just at British politicians criticising the Strasbourg Court.
Antoine Buyse, ECHR Blog
Understanding the nature and purpose of human rights is increasingly important as misperceptions are mounting.
Here it is ... the information and brilliant analysis that should inform current debate.
Baroness Helena Kennedy QC FRSA, Principal of Mansfield College, University of Oxford
The editors have assembled a wide-ranging and authoritative collection of essays. The contributors examine the fundamental legal and policy issues to which the United Kingdom's relationship with European human rights gives rise. There is detailed examination of how the UK's relationship has evolved historically, how strains arising from conflicting jurisprudence and competing judicial and political institutions have been managed, what lessons can be learned from the comparative experience of other European states, and the role of the media in shaping the relationship and in developing or undermining a human rights culture. The book will be an invaluable resource for anyone seriously concerned with the current and future relationship between the United Kingdom and European human rights.
Dominic McGoldrick, Professor of International Human Rights Law, University of Nottingham
The European human rights regime is under attack. This in-depth discussion of the UK and human rights with a comparative perspective is most welcome.
Geir Ulfstein, Professor of Public and International Law and Director of the Centre for the Study of the Legitimate Roles of the Judiciary in the Global Order (PluriCourts), University of Oslo
The Jurisprudence of Lord Hoffmann
A Festschrift in Honour of Lord Leonard Hoffmann
Author: Edited by: Paul S Davies, Justine Pila
Publishers: Hart Publishing
Publication Date: July 2015
Publisher's Title Information
Lord Leonard Hoffmann remains one of the most important and influential English jurists. Born in South Africa, he came to England as a Rhodes scholar to study law at the University of Oxford_ After graduating from the Bachelor of Civil Law as Vinerian Scholar, he was elected Stowell Civil Law Fellow of University College. There followed an extremely distinguished judicial career, including 14 years as a member of the Judicial Committee of the House of Lords (from 1995 to 2009).
In 2009, Lord Hoffmann returned to the Oxford Law Faculty as a Visiting Professor.
In this volume, current and past colleagues of Lord Hoffmann from the University of Oxford examine different aspects of his jurisprudence in diverse areas of private and public law. The contributions are testament to the clarity and creativity of his judicial and extra-judicial writings, to his enduring influence and extraordinary intellectual breadth, and to the respect and affection in which he is held.
This volume contains edited versions of papers presented at a conference that was held in honour of Lord Hoffmann on the occasion of his eightieth birthday at St Catherine's College, Oxford, on 25 and 26 April 2014. Their order of presentation largely follows the order of their presentation at the onference itself, beginning with introductory remarks by Professor Colin Tapper, including a discussion of Lord Hoffmann's contribution to the law of evidence, followed by 18 chapters focused on different aspects of his jurisprudence in the areas of tort law, human rights law, administrative law, media law, intellectual property law, employment law, contract and commercial law, the law of unjust enrichment, tax law, property law and corporate law.
Lord Hoffmann has been a central figure in the life of the Oxford Law Faculty, including a friend and close colleagt4 of many current and past Faculty members. Most recently, since his appointment to a Visiting Professorship in September 2009, he has taught seminars in causation with his former tutor, Professor Tony Honore, led the patent law seminars on the Final Honours School (undergraduate) intellectual property law courses and participated in many Faculty seminars and conferences across a broad range of areas. His teaching reflects the very qualities that have been recognised as having distinguished him as a judgequalities valued enormously by his current students. They include the ability to 'suffuse even the most technical subject with intellectual excitement' remarked upon by Lord Walker in Generics (UK) Ltd v H Lundbeck A/S12 and the ability to perceive the deep connections that exist between different areas of law noted by Lord Sumption in his Foreword to this volume.
These activities are only the most recent in an academic life that has spanned more than half a century since his arrival from South Africa in 1954 as a Rhodes Scholar to read for the BA in Jurisprudence and Bghelor of Civil Law at Queen's College. In 1961, four years after completing those degrees and being elected to the Vinerian Scholarship, Lord Hoffmann was appointed Stowell Civil Law Fellow of University College. In 1964, he was called to the English Bar by Gray's Inn, marking the beginning of a nine-year period in which he combined legal practice with a career as an Oxford tutorial fellow. That period continued until his decision to focus on his practice at the Chancery Bar in 1973. Four years later, in 1977, he was appointed Queen's Counsel.
Many Oxford Dons combine academic life with legal practice, but in the 150-year history of the Oxford Law Faculty, it is difficult to imagine a more distinguished legal career than that of Lord Hoffmann In England alone, that career has included 24 years as a judge and 14 years (from 1995 to 2009) as a Lord of Appeal in Ordinary. (He has also served as a part-time member of the Courts of Appeal in Jersey and Guernsey from 1980 to 1985, and since 1998 has been a non-permanent member judge of the Court of Final Appeal of Hong Kong.) Some indication of the breadth and depth of his contributions to English jurisprudence during those years is given by his extra-judicial writings, which span a wide range of areas of private and public law, including those covered by the contributions to this volume.
As a study of Lord Hoffmann's jurisprudence, this volume is not intended to be exhaustive, nor is it intended to represent all (academic and nonacademic) legal perspectives. Rather, the volume shares the aim of the conference that preceded it, namely, to use the occasion of Lord Hoffmann's birthday to engage with his work and, in doing so, to acknowledge the contribution he has made to both English law and the legal academy, including the Oxford Law Faculty specifically. We would like to thank St Catherine's College, the Oxford Law Faculty and Hart Publishing for their support in bringing this project to fruition. We are also grateful to the conference participants, including Lord Hoffmann himself, for their lively engagement with the papers presented; and to Binesh Hass for research assistance.
Lord Hoffmann is a towering figure in the English legal community. The contributions to this voluitie reflect the depth and breadth of his judicial and non-judicial writings over the years, which continue to exercise the minds of academics, students and practitioners in England and beyond. At the same time, they are a mark of the deep affection and respect in which he is held by his past and present academic colleagues at Oxford. It is a privilege and a pleasure to present this Festschrift in his honour.
Paul S Davies
Oxford, 26 November 2014
Hart Publishing Ltd Books Reviewed in 2015
Remorse, Penal Theory and Sentencing
Author: Hannah Maslen
Publishers: Hart Publishing
Publication Date: March 2015
Publisher's Title Information
This monograph addresses a contested but under-discussed question in the field of criminal sentencing: should an offender's remorse affect the sentence he or she receives? Answering this question involves tackling a series of others: is it possible to justify mitigation for remorse within a retributive sentencing framework? Precisely how should remorse enter into the sentencing equation? How should the mitigating weight of remorse interact with other aggravating and mitigating factors? Are there some offence or offender characteristics that preclude remorse-based mitigation? Remorse is recognised as a legitimate mitigating factor in many sentencing regimes around the world, with powerful effects on sentence severity. Although there has been some discussion of whether this practice can be justified within the literature on sentencing and penal theory, this monograph provides the first comprehensive and in-depth study of possible theoretical justifications. Whilst the emphasis here is on theoretical justification, the monograph also offers analysis of how normative conclusions would play out in the broader context of sentencing decisions and the guidance intended to structure them. The conclusions reached have relevance for sentencing systems around the world.
Hannah Maslen is a Research Fellow in Ethics at the Uehiro Centre for Practical Ethics, University of Oxford.
Retributive scholars will no doubt relish and debate Maslen's highly sophisticated contribution to theory, David Cole, Ontario Court of Justice
Power of Persuasion, Essays by a Very Public Lawyer
Author: Louis Blom-Cooper
Publishers: Bloomsbury (Hart Publishing)
Publication Date: February 2015
Publisher's Title Information
Over the years of the developing judicial review of ministerial and governmental decisions, Louis Blom-Cooper was a leading advocate who grew up with the advent of a distinctive brand of public law. His range of public activities, both inside and out of the courtroom, saw him dubbed by his colleagues as a polymath practitioner.
They included chairmanship of plural public inquiries in child abuse and mental health, media contributions and innovation in penal reform. This book is a collection of his essays, prefaced by a self-examination of his unorthodox philosophy towards the law in action. It covers a variety of socio-legal topics that express his ambition to inform the public on the workings of the legal system. This involves a discussion of the history of Britain's unwritten and, in the author's view, insufficiently interpreted constitution. It reflects a commitment to the European Convention on Human Rights and portrays its international origins. It also opines on crime and punishment in the functioning of the courts and elsewhere, and the political shift from the penal optimism of the 1970s to the reactionary punitiveness of the post-1990s. The essays conclude with a miscellany of affairs, reflecting on professional practices and the author's judicial heroes Lord Reid and Lord Bingham.
Sir Louis Blom-Cooper QC was, until 2004, a barrister at Doughty Street Chambers.
From the Forward
`If three words could describe the expansive nature of [Sir Louis Blom-Cooper QC's] contribution to the law and society, 'peace, order, and good government', Lord Mansfield's words from his seminal decision in R v Barker (1762) 3 Burr. 1264 come to mind
... Whether the subject is the development of separation of powers, consideration of reform to the law of homicide, the role of jury trial in our justice system, or the proper development of media law and regulation, his writings demonstrate his keen search for answers to the broad question of how the law can help frame a good and just society... I cannot commend this collection more highly.'
The Right Honourable Lord Dyson,
Master of the Rolls
Fascism and Criminal law, History, Theory, Continuity
Author: Stephen Skinner
Publishers: Hart Publshing
Publication Date: Feb 2015
Publisher's Title Information
Fascism was one of the twentieth century's principal political forces, and one of the most violent and problematic. Brutal, repressive and in some cases totalitarian, the fascist and authoritarian regimes of the early twentieth century, in Europe and beyond, sought to create revolutionary new orders that crushed their opponents. A central component of such regimes' exertion of control was criminal law, a focal point and key instrument of State punitive and repressive power. This collection brings together a range of original essays by international experts in the field to explore questions of criminal law under Italian Fascism and other similar regimes, including Franco's Spain, Vargas's Brazil and interwar Romania and Japan. Addressing issues of substantive criminal law, criminology and ideology, the form and function of criminal justice institutions, and the role and perception of criminal law in processes of transition, the collection casts new light on fascism's criminal legal history and related questions of theoretical interpretation and historiography. At the heart of the collection is the problematic issue of continuity and similarity among fascist systems and preceding, contemporaneous and subsequent legal orders, an issue that goes to the heart of fascist regimes' historical identity and the complex relationship between them and the legal orders constructed in their aftermath. The collection thus makes an innovative contribution both to the comparative understanding of fascism, and to critical engagement with the foundations and modalities of criminal law across systems.
Stephen Skinner is a Senior Lecturer in Law at the University of Exeter.
From the Introduction
This collection brings together a range of critical perspectives on the nature, operation and functions of criminal law and aspects of criminal justice under Italian Fascism and other authoritarian and repressive regimes. It is mainly the fruit of four panels that I convened at the second biennial conference of the European Society for Comparative Legal History in Amsterdam, July 2012, under the broad banner of 'Fascist Criminal Law'. My aim With the panels was to bring together colleagues working on the history of criminal law and its connections with political tyranny, in order to try to open some comparative conversations and, as far as possible, explore some of the related critical currents in legal history scholarship. The focus was on criminal law due to its particular significance under what may be described as generically fascist regimes, in terms of reflecting their ideological values and constituting a central component of their power structures, and in that light the panels addressed questions of historical interpretation, comparative significance and especially continuity with previous and subsequent criminal legal orders. Seven of the panel members have contributed to this volume, together with two additional scholars who subsequently joined us to provide the chapters on Spain and Brazil. A particular objective of this collection was to combine established and emerging voices in the field, and to include a range of systemic perspectives, both within and beyond Europe. As some contributors have occasionally needed to remind each other, this work is more of a beginning than an end, the start of something hopefully bigger, and one criterion of achievement is to open further avenues for research. Above all it is hoped that the collection will feed into ongoing work on a period of history that must not be forgotten, and underline the need for constant questioning of the genesis, substance, form and deeper discursive dimensions of (criminal) law, which may be an instrument of justice and protection, but has too often been a tool of power, control and repression.