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Books Published by Staff prior to 2010

Dialectic and Difference: Dialectical Critical Realism and the Grounds of Justice

Alan Norrie - University of Warwick

 norrDialectic and Difference is the first systematic exploration of Roy Bhaskar’s dialectical philosophy and its implications for ethics and justice. That philosophy has three aims: a dialecticisation of original critical realism, a ‘critical realisation’ of dialectic, and a metacritique of western philosophy. In the first, real absence or negativity links structured being to dialectical becoming in a dynamic world. The second draws on Marx to locate the critical impulse in Hegel’s dialectic in a material, open and changing totality. The third identifies a central problem in western philosophy from the Greeks on, the failure to think real negativity as the essence of change (‘ontological monovalence’).

Dialectic and Difference sets out the main themes of Bhaskar’s philosophy clearly and succinctly and considers criticisms of them. It has been described as ‘a major contribution to the understanding of a difficult but extremely important philosophical position’ (William Outhwaite, University of Newcastle, UK), as ‘elegant, thoroughgoing, accessible, genuinely illuminating’ (Mervyn Hartwig, Editor, Journal of Critical Realism), and as ‘match[ing] Bhaskar’s striking originality with a clarity that should make his ideas more widely available’ (Bertell Ollman, New York University, USA).

It then goes on to develop its main arguments for an understanding of ethics today. By exploring the roots of the postmodern interest in difference, it provides a critical understanding of the nature and limits of poststructural philosophy, and, in the words of Hartwig, ‘brilliantly elucidates dialectical critical realism’s ethics and how it trumps poststructuralism in particular and irrealism in general.’ Its relevance for modern times has also been praised by Ollman: ‘the emphasis on change, interaction, negativity and totality is particularly relevant for the explosive period our world has just entered.’

Price: £27.99 
ISBN: 978-0-415-56036-8 
Binding: Paperback (also available in Hardback)

  • Published by: Routledge
  • Publication Date: 27th October 2009
  • Pages: 272

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Olivares-Caminal, R. (2009) Legal Aspects of Sovereign Debt Restructuring (Sweet & Maxwell).

University of Warwick

Legal Aspects of Sovereign Debt Restructuring provides a thorough examination of the current debate on sovereign debt restructurings, mechanisms and techniques. It looks at the current decentralised market-oriented approach, and compares this to other alternative methods. With many countries currently at risk of defaulting on their debt, the process of sovereign debt restructuring is an increasingly topical issue. With limited examples in practice and a minimalistic legal framework at best, coming to an amenable consensus between parties can be arduous.

Published by:  Sweet & Maxwell
Author:  Dr Rodrigo Olivares-Caminal
Publication Date:  11 Dec 2009
Format:  Hardback

Hodgson, J. and Horne, J. (2009) The Extent and Impact of Legal Representation on Applications to the Criminal Cases Review Commission http://ssrn.com/abstract=1483721


Based on an empirical study of data over seven years, this study suggests that legally represented applicants to the CCRC have a significantly increased chance of a better outcome. In some instances, this is because lawyers attach themselves to the strongest cases; in others, the lawyer’s input is determinative in reversing the CCRC decision and getting the case referred to the Court of Appeal.

Alcohol and Entertainment Licensing Law 2nd Edition

Colin Manchester, Professor of Licensing Law, University of Warwick, UK,
Suzanna Poppleston and Jeremy Allen, Founding Partners of Poppleston Allen, Licensing Solicitors, Nottingham, UK

alcoholThis comprehensive and authoritative guide to licensing law is co-authored by the UK's only Professor of Licensing Law and two eminent licensing practitioners. It provides a detailed exposition and contextual analysis of the legal provisions governing the licensing of alcohol and entertainment under the Licensing Act 2003, encompassing both the legislative and decision-making framework of the Act as well as its implications for human rights.
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Banking Regulation of UK and US Financial Markets:

Dalvinder Singh University of Warwick

dalDalvinder Singh provides an interdisciplinary analysis of the legal aspects of prudential supervision. This gives the reader a broader understanding of the core processes of banking supervision. By using the UK as a case study, a comparison is made with the US to illustrate the different ways of approaching the issues.

The author examines the legal as well as the theoretical, economic, political and policy issues that underpin the purpose of prudential supervision, such as corporate governance, enforcement sanctions, the role of external auditors and accountability of financial regulators. These are considered in the context of broad-policy considerations which render prudential supervision necessary, namely financial stability and depositor protection. The book will be of interest to academics, policymakers, regulators and practitioners, and equally will serve specialist undergraduate and postgraduate programmes in law, management and economics which focus on financial regulation.

The European Social Model and Transitional Labour Markets.


Edited by Ralf Rogowski, University of Warwick

Series: Studies in Modern Law and Policy

ralfBringing together theoretical, empirical and comparative perspectives on the European Social Model (ESM) and transitional labour market policy, this volume contains theoretical accounts of the ESM and a discussion of policy implications for European social and employment policies that derive from research on transitional labour markets. It provides an economic as well as legal assessment of the European Employment Strategy and contains evaluations of new forms of governance both in European and member state policies, including discussions of the potential and limits of soft law instruments. Country studies of labour market reforms in Denmark, the Netherlands, Belgium and France assess their contribution to an emerging ESM, while comparative accounts of the ESM examine mobility and security patterns in Europe and beyond and evaluate recent 'flexicurity' policies from a global perspective.

ISBN: 978-0-7546-4958-8

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  • March 2009
  • Price : £70.00 » Website price: £63.00

Responsible Parents & Parental Responsibility

Rebecca Probert - University of Warwick

probertThis book examines the idea of 'parental responsibility' in English law and what is expected of a responsible parent. The scope of 'parental responsibility', a key concept in family law, is undefined and often ambiguous. Yet, to date, more attention has been paid to how individuals acquire parental responsibility than to the question of the rights, powers, duties and responsibilities they have once they obtain it. This book redresses the balance by providing the first sustained examination of the different elements of parental responsibility, bringing together leading scholars to comment on specific aspects of its operation.

PUBLISHER: Hart Publishing
PUBLISHED: May 2009
AVAILABILITY: In stock
PRICE: £55.00
EXTENT: 366 pages
COVER/Paperback
ISBN: 1841138800 /
9781841138800

Financial Crisis Management and Bank Resolution

John Raymond LaBrosse, Rodrigo Olivares-Caminal, Dalvinder Singh

crisisFinancial Crisis Management and Bank Resolution provides an analysis of the responses to the recent crisis that has beset the international financial markets taking a top down approach looking at the mechanisms to manage a financial crisis, to the practicalities of dealing with the resolution of a bank experiencing distress.

Published: 2009
ISBN: 978 1 84311 838 1

Price: £190 (£190.00 after discount)

Equity Stirring

The Story of Justice Beyond Law 

Preface: http://www.hartpub.co.uk/pdf/184113846X.pdf

Gary Watt University of Warwick

equitySir 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 not require us to subscribe to a moral or 'natural law' ideal. It is an equity that takes a principled and practical stand against rigid formalism and unthinking routine in law and life, and so provides timely resistance to current forces of extremism and entitlement culture. The project is an educational one in the true etymological sense of leading the reader out into new territory. The book will provide the legal scholar with deep insight into the rhetorical, literary and historical foundations of the idea of equity in law, and it will provide the law student with a cultural history of, and an imaginative introduction to, the technical law of equity and trusts. Scholars and students of such disciplines as literature, classics, history, theology, theatre and rhetoric will discover new insights into the art of equity in the law and beyond. Along the way , Watt offers a new theory on the naming of Dickens' chancery case Jarndyce and Jarndyce and suggests a new connection between Shakespeare and the origin of equity in modern law.

Available from: Oxford: Hart Publishing Ltd, July 2009