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Studies in the History of Tax Law, Volume 4
Edited by John Tiley
This work contains the full text of the papers presented at the fourth Tax Law History Conference in July 2008. The Conference was organised by the Cambridge Law Faculty's Centre for Tax Law. The matters discussed are broad and include the extent to which charges levied by the Court of Wards were seen as taxes, the seventeenth century poll tax, traders, the excise and the in early nineteenth century England and the right of the Crown's right to elect between different heads of charge to income tax. There are also chapters on taxation in the reign of King John and Stamp Duties in the 18th Century. International tax matters include a history of company residence and a paper on the first UK-Australia Double Tax Agreement. Papers conce...
June 2010   268pp    hbk    9781849460484    $150.00   
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Religion, Race, Rights
Landmarks in the History of Modern Anglo-American Law
Eve Darian-Smith
The book highlights the interconnections between three framing concepts in the development of modern western law: religion, race, and rights. The author challenges the assumption that law is an objective, rational and secular enterprise by showing that the rule of law is historically grounded and linked to the particularities of Christian morality, the forces of capitalism dependent upon exploitation of minorities, and specific conceptions of individualism that surfaced with the Reformation in the sixteenth century and rapidly developed in the Enlightenment in the seventeenth and eighteenth centuries. Drawing upon landmark legal decisions and historical events, the book emphasises that justice is not blind because our concept of justice cha...
May 2010   332pp    pbk    9781841137292    $19.95   
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Copyright Law and the Public Interest in the Nineteenth Century
Isabella Alexander
Copyright law is commonly described as carrying out a balancing act between the interests of authors or owners and those of the public. While much academic work, both historical and contemporary, has been done on the authorship side of the equation, this book examines the notion of public interest, and the way that concepts of public interest and the rhetoric surrounding it have been involved in shaping the law of copyright. While many histories of copyright focus on the eighteenth century, this book's main concern is with the period after 1774. The nineteenth century was the period during which the boundaries of copyright, as we know it today, were drawn and ideas of “public interest” were integral to this process, but in different, and c...
March 2010   344pp    hbk    9781841137865    $110.00   
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Landmark Cases in the Law of Tort
Edited by Charles Mitchell and Paul Mitchell
Landmark Cases in the Law of Tort contains thirteen original essays on leading tort cases, ranging from the early nineteenth century to the present day. It is the third volume in a series of collected essays on landmark cases (the previous two volumes having dealt with restitution and contract). The cases examined raise a broad range of important issues across the law of tort, including such diverse areas as acts of state and public nuisance, as well as central questions relating to the tort of negligence. Several of the essays place cases in their historical context in ways that change our understanding of the case's significance. Sometimes the focus is on drawing out previously neglected aspects of cases which have been – undeservedly – a...
February 2010   400pp    hbk    9781849460033    $120.00   
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Property and the Law of Finders
Robin Hickey
Are finders keepers? This most simple of questions has long evaded a satisfactory legal answer. Generally it seems to have been accepted that a finder acquires a property right in the object of her find and can protect it from subsequent interference, but even this turns out to be the baldest statement of principle, resting on obscure and confused authority. This first full-length treatment of finders sets them in their legal-historical context, and discovers a fascinating area of law lying at the crossroads of crime, obligations, and property. That on the same facts a finder might be thief, bailee, and/or property right holder has clouded our conceptual analysis, and prevented us from stating simply our rules about finding. Nonetheless,...
January 2010   196pp    hbk    9781841135755    $80.00   
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Mistakes in Contract Law
Catharine MacMillan
It is a matter of some difficulty for the English lawyer to predict the effect of a misapprehension upon the formation of a contract. The common law doctrine of mistake is a confused one, with contradictory theoretical underpinnings and seemingly irreconcilable cases. This book explains the common law doctrine through an examination of the historical development of the doctrine in English law. Beginning with an overview of contractual mistakes in Roman law, the book examines how theories of mistake were received at various points into English contract law from Roman and civil law sources. These transplants, made for pragmatic rather than principled reasons, combined in an uneasy manner with the pre-existing English contract law. The book al...
January 2010   346pp    hbk    9781841135076    $100.00   
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Studies in the History of Tax Law, Volume 3
Edited by John Tiley
This work on the history of tax law presents the papers delivered at the third Tax Law History Conference in 2006 organised by the Centre for Tax Law in the Law Faculty at Cambridge University. The papers deal with a range of topics, and though the breadth of topics is broad, it is not devoid of pattern. The majority of the papers deal with themes connected with continental Europe, law and empire, international law, and the problems of progression and the tax system. As a whole the papers, by leading tax scholars from all over the world, once again illustrate a wide variety and depth of learning on tax history, and highlight the important issues waiting to be investigated in this rapidly growing field of scholarship. ...
September 2009   392pp    hbk    9781841139562    $150.00   
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Lawyers' Medicine
The Legislature, the Courts and Medical Practice, 1760-2000
Edited by Imogen Goold and Catherine Kelly
This book investigates how the requirements, limitations and intellectual structure of the British legal process have shaped medicine and medical practice. The story of this inter-relationship is greatly under-researched, which is particularly concerning given that the legal system remains a significant and pervasive influence on medicine and its practice to this day. The question which unifies the series of historical studies presented here is whether legal consideration of medical practice and concepts has played a part in the construction of medical concepts and affected developments in medical practice - in other words how the external, legal gaze has shaped the way medicine itself conceptualises some of its practices and classification...
September 2009   230pp    pbk    9781841138497    $60.00   
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The Transformation of Labour Law in Europe
A Comparative Study of 15 Countries 1945-2004
Edited by Bob Hepple and Bruno Veneziani
The labour laws of European democracies all underwent major transformations in the seven decades after the Second World War. Following reconstruction, these laws became an essential element in the building of welfare states; in the 1980s and 1990s they were the target of neo-liberal deregulation; and at the beginning of the 21st century new 'flexible' labour laws have attempted to integrate economic and social policy. This book, a sequel to 'The Making of Labour Law in Europe- A Comparative Study of Nine Countries up to 1945' (ed. B Hepple), compares the similarities and differences in the ways in which EU Member States reflected and shaped these general developments, in the context of economic, social and political changes over the perio...
September 2009   412pp    pbk    9781841138701    $100.00   
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Equity Stirring
The Story of Justice Beyond Law
Gary Watt
Sir Frederick Pollock wrote that 'English-speaking lawyers ...have specialised the name of Equity'. It is typical for legal textbooks on the law of equity to acknowledge the diverse ways in which the word 'equity' is used and then to focus on the legal sense of the word to the exclusion of all others. There may be a professional responsibility on textbook writers to do just that. If so, there is a counterpart responsibility to read the law imaginatively and to read what non-lawyers have said of equity with an open mind. This book is an exploration of the meaning of equity as artists and thinkers have portrayed it within the law and without. Watt finds in law and literature an equity that is necessary to good life and good law but which does...
July 2009   258pp    hbk    9781841138466    $90.00   
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