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Cambridge Companions to Law offer thought-provoking introductions to different legal disciplines, invaluable to both the student and scholar. Edited by world leading academics, each offers a collection of essays which both map out the subject and allow the reader to delve deeper. Critical and enlightening, the Companions library represents legal scholarship at its best.

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21 results in Cambridge Companions to Law

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The Cambridge Companion to the International Court of Justice
  • Edited by Carlos Espósito, Kate Parlett
  • Published online:
    18 May 2023
    Print publication:
    06 April 2023
  • As international law has become more present in global policy-making, the International Court of Justice (ICJ) has come to occupy an essential and increasingly visible role in international relations. This collection explores substantive developments within the ICJ and offers critical perspectives on its historical and contemporary role. It also examines the growing role of the ICJ in the settlement of international disputes and assesses the impact of the ICJ's jurisprudence on the major areas of international law, from the territorial delimitation to human rights. With contributions from a diverse range of scholars and practitioners, the collection's contents combine a legal perspective with institutional and sociological insights on the functions of the ICJ. By considering the ICJ's character, jurisdiction and effectiveness, this collection offers a varied and holistic account of the International Court of Justice, an institution whose significance and influence only increase by the day.

The Cambridge Companion to European Criminal Law
  • Edited by Kai Ambos, Peter Rackow
  • Published online:
    09 February 2023
    Print publication:
    16 February 2023
  • European Criminal Law has developed into a complex, jagged subject matter, which at the same time has become increasingly important for everyday criminal law practice. On the one hand, this work aims to do comprehensive justice to the complexity of the matter without sacrificing readability. In order to achieve this, the book's structure enables legal scholars and experienced practitioners to access the information relevant to them in a targeted manner and, at the same time, enables less oriented readers to gain access to European criminal law. Thus, the volume both answers basic questions and offers discussion in more specialised areas. Written by experts in the field, the book offers discussions which are both of the highest academic standards and accessibly readable.

The Cambridge Companion to Gender and the Law
  • Edited by Stéphanie Hennette Vauchez, Ruth Rubio-Marín
  • Published online:
    19 January 2023
    Print publication:
    26 January 2023
  • To what extent is the legal subject gendered? Using illustrative examples from a range of jurisdictions and thematically organised chapters, this volume offers a comprehensive consideration of this question. With a systematic, accessible approach, it argues that law and gender work to co-produce the legal subject. Cumulatively, the volume's chapters provide a systematic evaluation of the key facets of the legal subject: the corporeal, the functional and the communal. Exploring aspects of the legal subject from the ways in which it is sexed and sexualised to its national and familial dimensions, this volume develops a complete account of the various processes through which legal orders produce gendered subjects. Across its chapters, each theoretically ambitious in its own right, this volume outlines how the law not only acts on the social world, but genders it.

The Cambridge Companion to Pufendorf
  • Edited by Knud Haakonssen, Ian Hunter
  • Published online:
    25 November 2022
    Print publication:
    17 November 2022
  • In the same intellectual league as Grotius, Hobbes and Locke, but today less well known, Samuel Pufendorf was an early modern master of political, juridical, historical and theological thought. Trained in an erudite humanism, he brought his copious command of ancient and modern literature to bear on precisely honed arguments designed to engage directly with contemporary political and religious problems. Through his fundamental reconstruction of the discipline of natural law, Pufendorf offered a new rationale for the sovereign territorial state, providing it with non-religious foundations in order to fit it for governance of multi-religious societies and to protect his own Protestant faith. He also drew on his humanist learning to write important political histories, a significant lay theology, and vivid polemics against his many opponents. This volume makes the full scope of his thought and writing accessible to English readers for the first time.

The Cambridge Companion to International Organizations Law
  • Edited by Jan Klabbers
  • Published online:
    31 March 2022
    Print publication:
    07 April 2022
  • The Cambridge Companion to International Organizations Law illuminates, from a legal perspective, what international organizations are, what makes them 'tick' and how they affect the world around them. It critically discusses such classic issues as the concept of international organization and membership, as well as questions of internal relations, accountability and how they make law, set standards and otherwise affect both their member states and the world around them. The volume further discusses the role of international organizations in particular policy domains, zooming in on domains which are not often discussed through international organizations, including disarmament, energy, food security and health. Eventually, a picture emerges of international organizations as complex phenomena engaging in all sorts of activities and relationships, the operation and authority of which is underpinned by the rules and regulations of international law.

The Cambridge Companion to International Arbitration
  • Edited by C. L. Lim
  • Published online:
    08 October 2021
    Print publication:
    21 October 2021
  • This Cambridge Companion explores the main senses of the term 'international arbitration'; including the arbitration of private commercial disputes, disputes between a State and a foreign investor, disputes between States and also between a State and its parts. It treats these various forms as being inter-related, if not always conceptually, then as a matter of history, rather than as collective victims of imprecise language. The book touches not only on current debates but also more foundational aspects, such as the tension between party autonomy and State authority, and the pacifist roots of modern international arbitration. Thus, it aims to offer a concise survey of the history, the main issues as well as the latest developments in a single, handy volume. It will be an invaluable introduction to the subject for students studying international arbitration, commercial law and international law, and also lawyers and the general reader.

The Cambridge Companion to Business and Human Rights Law
  • Edited by Ilias Bantekas, Michael Ashley Stein
  • Published online:
    10 September 2021
    Print publication:
    09 September 2021
  • How can businesses operate profitably and sustainably while ensuring that they are applying human rights? It is possible to apply human rights while at the same time decreasing cost and making human rights contribute to profits. Yet business efforts alone are insufficient, and states must possess sufficient regulatory power to work together with businesses and investors – not only to improve human rights but also to foster development more broadly. This textbook, the first of its kind, explores all aspects of the links between business operations and human rights. Its twenty-five chapters guide readers systematically through all the particular features of this intersection, integrating legal and business approaches. Thematic sections cover conceptual and regulatory frameworks, remedies and dispute resolution, and practical enforcement tools. Ideal for courses in business, law, policy and international development, the book is also essential reading for managers in large corporations.

The Cambridge Companion to Hugo Grotius
  • Edited by Randall Lesaffer, Janne E. Nijman
  • Published online:
    03 September 2021
    Print publication:
    16 September 2021
  • The Cambridge Companion to Grotius offers a comprehensive overview of Hugo Grotius (1583–1645) for students, teachers, and general readers, while its chapters also draw upon and contribute to recent specialised discussions of Grotius' oeuvre and its later reception. Contributors to this volume cover the width and breadth of Grotius' work and thought, ranging from his literary work, including his historical, theological and political writing, to his seminal legal interventions. While giving these various fields a separate treatment, the book also delves into the underlying conceptions and outlooks that formed Grotius' intellectual map of the world as he understood it, and as he wanted it to become, giving a new political and religious context to his forays into international and domestic law.

The Cambridge Companion to the Rule of Law
  • Edited by Jens Meierhenrich, Martin Loughlin
  • Published online:
    03 August 2021
    Print publication:
    12 August 2021
  • The Cambridge Companion to the Rule of Law introduces students, scholars, and practitioners to the theory and history of the rule of law, one of the most frequently invoked-and least understood-ideas of legal and political thought and policy practice. It offers a comprehensive re-assessment by leading scholars of one of the world's most cherished traditions. This high-profile collection provides the first global and interdisciplinary account of the histories, moralities, pathologies and trajectories of the rule of law. Unique in conception, and critical in its approach, it evaluates, breaks down, and subverts conventional wisdom about the rule of law for the twenty-first century.

The Cambridge Companion to Legal Positivism
  • Edited by Torben Spaak, Patricia Mindus
  • Published online:
    21 January 2021
    Print publication:
    04 February 2021
  • Legal positivism is one of the fundamental theories of jurisprudence studied in law and related fields around the world. This volume addresses how legal positivism is perceived and makes the case for why it is relevant for contemporary legal theory. The Cambridge Companion to Legal Positivism offers thirty-three chapters from leading scholars that provide a comprehensive commentary on the fundamental ideas of legal positivism, its history and major theorists, its connection to normativity and values, its current development and influence, as well as on the criticisms moved against it.

The Cambridge Companion to the Philosophy of Law
  • Edited by John Tasioulas
  • Published online:
    15 June 2020
    Print publication:
    02 July 2020
  • What is the nature of law as a form of social order? What bearing do values like justice, human rights, and the rule of law have on law? Which values should law serve, and what limits must it respect in serving them? Are we always morally bound to obey the law? What are the philosophical problems that arise in specific areas of law, from criminal and tort law to contract law and public international law? The book provides an accessible, comprehensive, and high quality introduction to the major themes of legal philosophy written by a stellar international cast of contributors, including John Finnis, Martha Nussbaum, Fred Schauer, Onora O'Neill and Antony Duff. The volume is an exceptional teaching tool that provides a critical introduction to cutting-edge work in the philosophy of law.

The Cambridge Companion to the First Amendment and Religious Liberty
  • Edited by Michael D. Breidenbach, Owen Anderson
  • Published online:
    17 December 2019
    Print publication:
    09 January 2020
  • This book is an interdisciplinary guide to the religion clauses of the First Amendment with a focus on its philosophical foundations, historical developments, and legal and political implications. The volume begins with fundamental questions about God, the nature of belief and worship, conscience, freedom, and their intersections with law. It then traces the history of religious liberty and church-state relations in America through a diverse set of religious and non-religious voices from the seventeenth century to the most recent Supreme Court decisions. The Companion will conclude by addressing legal and political questions concerning the First Amendment and the court cases and controversies surrounding religious liberty today, including the separation of church and state, corporate religious liberty, and constitutional interpretation. This scholarly yet accessible book will introduce students and scholars alike to the main issues concerning the First Amendment and religious liberty, along with offering incisive new insights into one of the most important topics in American culture.

The Cambridge Companion to Comparative Constitutional Law
  • Edited by Roger Masterman, Robert Schütze
  • Published online:
    30 September 2019
    Print publication:
    03 October 2019
  • What is the purpose of comparative constitutional law? Comparing constitutions allows us to consider the similarities and differences in forms of government, and the normative philosophies behind constitutional choices. Constitutional comparisons offer 'hermeneutic' help: they enable us to see 'our' own constitution with different eyes and to locate its structural and normative choices by references to alternatives evident in other constitutional orders. This Cambridge Companion presents readers with a succinct yet wide-ranging companion to a modern comparative constitutional law course, offering a wide-ranging yet concise introduction to the subject. Its twenty-two chapters are arranged into five thematic parts: starting with an exploration of the 'theoretical foundations' (Part I) and some important 'historical experiences' (Part II), it moves on to a discussion of the core 'constitutional principles' (Part III) and 'state institutions' (Part IV); finally it analyses forms of 'transnational' constitutionalism (Part V) that have emerged in our 'global' times.

The Cambridge Companion to Comparative Family Law
  • Edited by Shazia Choudhry, Jonathan Herring
  • Published online:
    12 January 2019
    Print publication:
    31 January 2019
  • Families and family law have encountered significant challenges in the face of rapid changes in social norms, demographics and political expectations. The Cambridge Companion to Comparative Family Law highlights the key questions and themes that have faced family lawyers across the world. Each chapter is written by internationally renowned academic experts and focuses on which of these themes are most significant to their jurisdictions. In taking this jurisdictional approach, the collection will explore how different countries have tackled these issues. As a result, the collection is aimed at students, practitioners and academics across a variety of disciplines interested in the key issues faced by family law around the world and how they have been addressed.

The Cambridge Companion to Natural Law Jurisprudence
  • Edited by George Duke, Robert P. George
  • Published online:
    04 July 2017
    Print publication:
    16 June 2017
  • This collection provides an intellectually rigorous and accessible overview of key topics in contemporary natural law jurisprudence, an influential yet frequently misunderstood branch of legal philosophy. It fills a gap in the existing literature by bringing together leading international experts on natural law theory to provide perspectives on some of the most pressing issues pertaining to the nature and moral foundations of law. Themes covered include the history of the natural law tradition, the natural law account of practical reason, normativity and ethics, natural law approaches to legal obligation and authority and constitutional law. Creating a dialogue between leading figures in natural law thought, the Companion is an ideal introduction to the main commitments of natural law jurisprudence, whilst also offering a concise summary of developments in current scholarship for more advanced readers.

The Cambridge Companion to International Criminal Law
  • Edited by William A. Schabas
  • Published online:
    05 December 2015
    Print publication:
    07 January 2016
  • This comprehensive introduction to international criminal law addresses the big issues in the subject from an interdisciplinary perspective. Expert contributors include international lawyers, judges, prosecutors, criminologists and historians, as well as the last surviving prosecutor of the Nuremberg Trials. Serving as a foundation for deeper study, each chapter explores key academic debates and provides guidelines for further reading. The book is organised around several themes, including institutions, crimes and trials. Purposes and principles place the discipline within a broader context, covering the relationship with human rights law, transitional justice, punishment and the imperatives of peace. Several tribunals are explored in depth, as are many emblematic trials. The book concludes with perspectives on the future.

The Cambridge Companion to Public Law
  • Edited by Mark Elliott, David Feldman
  • Published online:
    05 September 2015
    Print publication:
    20 August 2015
  • The Cambridge Companion to Public Law examines key themes, debates and issues in contemporary public law. The book identifies and draws out five key themes: the notions of government and the state; the place of the state and public law in the world at large; relationships between institutions and officials within the state; the legitimacy of institutions; and the identity and value of public law in relation to politics. The book also presents a contemporary examination, taking account of the substantial changes witnessed in this area in recent decades and of the resulting need to reassess orthodox accounts of the subject. Written by leading authorities drawn from across the common law world, their approach is rigorous, engaging and highly accessible. This Companion acts as both a thoughtful introduction and a collection that consciously moves the discipline forward.

The Cambridge Companion to International Law
  • Edited by James Crawford, Martti Koskenniemi
  • Published online:
    05 July 2015
    Print publication:
    26 January 2012
  • This intellectually rigorous introduction to international law encourages readers to engage with multiple aspects of the topic: as 'law' directing and shaping its subjects; as a technique for governing the world of states and beyond statehood; and as a framework within which several critical and constructivist projects are articulated. The articles situate international law in its historical and ideological context and examine core concepts such as sovereignty, jurisdiction and the state. Attention is also given to its operation within international institutions and in dispute settlement, and a separate section is devoted to international law's 'projects': protecting human rights, eradicating poverty, the conservation of resources, the regulation of international trade and investment and the establishment of international order. The diverse group of contributors draws from disciplinary orientations ranging from positivism to postmodernism to ensure that this book is informed theoretically and politically, as well as grounded in practice.

The Cambridge Companion to European Union Private Law
  • Edited by Christian Twigg-Flesner
  • Published online:
    05 July 2015
    Print publication:
    20 May 2010
  • The emergence of EU Private Law as an independent legal discipline is one of the most significant developments in European legal scholarship in recent times. In this 2010 Companion, leading scholars provide a critical introduction to the subject's key areas, while offering original and thought-provoking comment on the field. In addition to several chapters on consumer law topics, the collection has individual chapters on commercial contracts, competition law, non-discrimination law, financial services and travel law. It also discusses the wider issues concerning EU Private Law, such as its historical evolution, the role of comparative law, language and terminology, as well as the implications of the Common Frame of Reference project. A useful 'scene-setting' introduction and further reading arranged thematically make this important publication the student's and scholar's first port of call when exploring the field.

The Cambridge Companion to Comparative Law
  • Edited by Mauro Bussani, Ugo Mattei
  • Published online:
    05 May 2013
    Print publication:
    16 August 2012
  • We can only claim to understand another legal system when we know the context surrounding the positive law in which lawyers are trained. To avoid ethnocentricity and superficiality, we must go beyond judicial decisions, doctrinal writings and the black-letter law of codes and statutes and probe the 'deeper structures' where law meets cultural, political, socio-economic factors. It is only when we acquire such awareness and knowledge of the critical factors affecting both the backgrounds and implications of rules that it becomes possible to control the present and possibly future developments of the world's legal institutions. This collection of essays aims to provide the reader with a fundamental understanding of the dynamic relationship between the law and its cultural, political and socio-economic context.

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