Current Legal Issues


See the Oxford University Press Web Pages for Current Legal Issues

Volume 10 - Law and Bioethics
Volume 9 - Law and Philosophy
Volume 8 - Law and Psychology
Volume 7 - Law and Sociology
Volume 6 - Law and History
Volume 5 - Law and Geography
Volume 4 - Law and Religion
Volume 3 - Law and Medicine
Volume 2 - Law and Literature
Volume 1 - Law and Science

Volume 9 - Law and Philosophy

Law and Geography BookLaw and Philosophy

Edited by Professor Michael Freeman and Professor Ross Harrison

I The Nature of Law
1. Reconsidering a Dogma: Conceptual Analysis, the Naturalistic Turn, and Legal Philosophy Kenneth Himma
2. Six Paths to Vertigo-free Legal Theory Sylvie Delacroix
3. Monism, Interpretivism and the Law's Aim George Letsas
4. Moral Evaluation and Conceptual Analysis in Jurisprudential Methodology John Oberdiek & Dennis Patterson
5. Objectivity and Value: Legal Arguments and the Fallibility of Judges Stephen Guest
6. Towards an Inferential Semantics in Jurisprudence Christopher Kletzer
7. An Epistemic Account of the Internal Point of View Antony Hatzistavrou
8. Antigone and the Nature of Law Tanja Staehler
II State, Citizen, and the Law
9. The Moral Is: States Make Laws Ross Harrison
10. The Attack on Liberalism Mark Reiff
11. Moral Reflections on the Responsibilities of Soldiers: the Clue to Devising a Legal Definition of Terrorism Robert Morris
12. Criminal Responsibility and Public Reason Antony Duff & Sandra Marshall
13. The Educative Function of Law Brian Burge-Hendrix
14. Protest and Punishment: The Dialogue between Civil Disobedients and the Law Kimberley Brownlow
15. Apology and Reparation in a Multicultural State Christopher Bennett
16. Contracts, Promises, and the Demands of Moral Agency Emmanuel Voyiakis
17. Number and Government Claire Grant


Volume 8 - Law and Psychology

Law and Geography BookLaw and Psychology contains a broad range of essays by scholars interested in the interactions between law and psychology. The volume includes studies of jury trials in terrorism cases, psychological evidence in family law cases, child witness testimony and the role of psychology in punishment theory.

Edited by Professor Michael Freeman, UCL Laws, and Belinda Brooks-Gordon, Lecturer, Birkbeck College

to come  


Volume 7 - Law and Sociology

Law and Geography BookLaw and Sociology contains a broad range of essays by scholars interested in the interactions between law and sociology. In common with earlier volumes in the Current Legal Issues series, it seeks both a theoretical and methodological focus.

The volume includes amongst other topics, a sociology of jurisprudence, an examination of the social dynamics of regulatory interactions, and a consideration of the place of legal culture in the sociology of law.

Edited by Professor Michael Freeman, UCL Laws

Law and Sociology
Michael Freeman
From "Living Law" to the "Death of the Social" - Sociology in Legal Theory Roger Cotterrell
A Sociology of Jurisprudence Richard Nobles and David Schiff
The Idea of Sociology of Law and Its Relation To Law and To Sociology John Griffiths
The Pure Theory of Law and Interpretive Sociology or A Basis for Interdisciplinarity Hamish Ross
When 'Law and Sociology' is not Enough: Transdisciplinarity and the Problem of Complexity Julian Webb
Social dynamics of regulatory interactions: An exploration of three sociological perspectives Bettina Lange
Law in Society: A Unifying Power or a Source of Conflict? Daphne Barak-Erez
The Use of Law Iain Stewart
Notes on the Methodology Debate in Contemporary Jurisprudence: Why Sociologists Might Be Interested? Dennis Patterson
Law and Sociology: The Petrazyckian Perspective Krzysztof Motyka
Durkheim in China Tim Murphy
When The Law is Emancipatory: The Power of Law in the Social Movements' Struggles Madalena Duarte
Law, Norma and Lay Tribunals: Economics, Sociology and the Re-emergence of Norms in the Study of Law Joseph Saunders
Sociology of Roman Law Janne Pölönen
The Place of Legal Culture in the Sociology of Law Lawrence Friedman
The European Commission, Phronetic Judgement and the Regulation of Computer-Implemented Inventions by Patent Law Katerina Sideri
Cosmopolitan Law: Agency and Narrative David Hirsh
The Socio-Legal Construction of the 'Best Interest of the Child': Law's Autonomy, Sociology and Family Law Robert van Krieken
From Parental Responsibility to Parenting Responsibility Helen Reece
Social perceptions of Law After Communism Bogumila Puchalska
'Pigs in Space': Geographic Separation in Multicultural Societies Issachar Rosen-Zvi
Cultural Globalization and Public Policy: Exclusion of Law In The Global Village Mohamed S. Wahab
Are Small-Town Lawyers Positivist About the Law? James Marshall
Sociology of Law for Legal Education: Italian Experiences Vincenzo Ferrari


Volume 6 - Law and History

Law and Geography BookLaw and History contains a broad range of essays by prominent legal historians, which explore the ways in which history has been used by lawyers. Largely theoretical in focus, the volume covers a broad range of issues, including discussions of norms in medieval England, the works of Montesquieu, Maine, and Weber, and of the nature of legal argument in nineteenth-century England, and in twentieth- century war crimes trials.

Edited by Andrew Lewis , Professor of Comparative Legal History, University of London, and Michael Lobban , Reader in Law, Queen Mary, University of London

to come  


Volume 5 - Law and Geography

Law and Geography BookThis volume explores the relationship between law and geography, especially with respect to taken-for-granted distinctions between the social and the material, the human and non-human, and what constitutes persons and things. As a genuinely reflective ‘Law and Geography’ project, this collection offers interdisciplinary inquiry, particularly in response to the globalization – of law, commerce, environmental change, and society – which renders relations between the local and the global more significant. Because of the sheer expansiveness and complexity of both law and geography we use conceptual frames to structure this volume – boundaries, land, property, nature, identity (persons, peoples and places), culture and time, and knowledge. These frames cut across the various subdivisions of law and geography described above and provide a route into the various practical and theoretical deliberations on the interrelationship and the interstices of law and geography which follow. The chapters are diverse in style, research and methodology, and subject matter (organ transplants, lawn mowing, settler states, archaeological remains, shopping, gay nightclubbing, seeds, and common space).

Edited by Jane Holder, Senior Lecturer at the Faculty of Laws, University College London
and Carolyn Harrison, Professor of Geography, University College London

Connecting Law and Geography Jane Holder and Carolyn Harrison
From ‘What’ to ‘So What?’: Law and Geography in Retrospect Nicholas Blomley
Spatial Dimensions of Private Law Nick Jackson and John Wightman
Beyond the Word: Law as a Thing of This World David Delaney
The Queen’s Peace: Reflections on the Spatial Politics of Sexuality in the Law Leslie J. Moran
Geography: The Problem of Scale, and Process or Allocation: The US National Organ Transplant act or 1986, Amended 1990 Tom Koch and Ken Denike
Freewheeling Uphill Pedalling Downhill: Growing Pains in Developing a Land Market in China Patrick McAuslan
Camels, Chameleons, and Coyotes: Problematizing the ‘Histories’ of Land Law Reform Gareth A. Jones
Idolatry of Land Georgette Chapman Poindexter
De/Re-Territorializing Possession: The Shifting Spaces of Property Rights Sarah Whatmore
Property Restitution, Property Law, and the Post-Communist Transition in Germany’s New Bundesländer Mark Blacksell
Agenda 2000, Land Use, and the Environment: Towards a Theory of ‘Environmental’ Property Rights Christopher P. Rodgers
Property Rights, Urban Policy and the Law: Negotiating Neighbourhood Disputes in a Brazilian Shantytown Corrine Davis-Rodriguez
Informal Law in Informal Settlements Jane Matthews Glenn and Véronique Bélanger
Governance and Resource Management in Mexico’s Community Forestry Sector Camille Antinori
Spaces of Diversity in Diverse Spaces Paul Street
Environmental Gains? Collaborative Planning, Planning Obligations, and Issues of Closure in Local Land-Use Planning in the UK Carolyn Harrison and Tracey Bedford
Law and Geography: Only Connect? Michael Freeman
Family Geographies: Global Care Chains, Transnational Parenthood, and New Legal Challenges in an Era of Labour Globalization Orly Lobel
On the Legal Geography of Ethnocratic Settler States: Notes Towards a Research Agenda Alexandre (Sandy) Kedar
Green Metaphors: Language, Land, and Law in Takings Debates Laura J. Hatcher
Space and Time: The Genius Loci of Ancient Places Penny English
From Local to Global – The Role of Geographic Isolation in Shaping Competition Law Peter Kunzlik
Putting Environmental Law on the Map: A Spatial Approach to Environmental Law us GIS Robert J. Goldstein
Earth Observation and Principles on Data Ray Harris
Disciplinary Interactions: Ontological Commitments and Environmental Standard-setting Elizabeth A. Kirk and Alison D. Reeves
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Volume 4 Law and Religion

Law and Religion BookLaw and Religion, the fourth volume in the Current Legal Issues series, is a comprehensive treatment of an area that will stimulate and enlighten anyone interested in law and religion. Both common and civil law jurisdictions and a wide variety of cultural contexts are represented. In addition the volume contains contributions written from a wide variety of faith perspectives (Christian, Jewish, Islamic, Ba’hai) as well as from a secular perspective. Contributors discuss a series of difficult and important issues from the interaction in contemporary societies of law and religious practice to the coherence of the notion of the soul and of the scope and limits of our concept of religion in a post modern world. A major theme of the volume is the common hermeneutical questions faced by the Islamic Christian and Jewish traditions. In addition, the implications for religious practice of the contemporary ascendancy of human rights are thoroughly and critically considered. A number of the essays argue forcefully for controversial conclusions such as the legitimacy of the claim by some of the Christian Churches in New Zealand to exemption from legislation prohibiting discrimination on the grounds of sexual orientation. The European Convention on Human Rights and the jurisprudence of the Court come under particular critical scrutiny for example in relation to their protection of freedom of religion in the work place. Consideration is given to the extent to which State law can, should and does provide a regulatory framework for the life of religious institutions without compromising their collective autonomy for example in relation to matters of doctrine.

Edited by Richard O’Dair, Senior Lecturer, Faculty of Laws, UCL
and Andrew Lewis, General Editor of Current Legal Issues and Professor of Law, Faculty of Laws, UCL

Editorial Introduction, Richard O’Dair
The Image of God and the Moral Identity of Persons: An Evaluation o f the Holistic Theology of Persons Howard M. Ducharme
The Divine in the Law Calum Carmichael
Giving unto Caesar: Rationality, Reciprocity, and Legal Recognition of Religion Gary Watt
Law as a Religious Enterprise: Legal Interpretation and Scriptural Interpretation Steven D. Smith
Historical Observations on the Relationship between Letter and Spirit Bernard S. Jackson
Batter my Heart’: On the Three-Disciplined Search for Meaning Jeanne Gaakeer
Post-Modernism, Hermeneutics, and Authenticity: Interpreting Legal and Theological Texts in the Twenty-First Century Edward M. Andries
The ‘First Source’ of Islamic Law: Muslim Legal Exegesis of the Qur’an Robert Gleave
Freedom of Religion as the Fruit of the Radical Reformation Matthijs de Blois
The European Court of Human Rights and Religion Javier Martínez-Torrón
Human Rights, Religious Liberty, and the University Debate Malcolm D. Evans
Religious Liberty as a Collective Right Julian Rivers
Clashing Rights, Exemptions, and Opt-Outs: Religious Liberty and ‘Homophobia’ Ian Leigh
Religious Group Autonomy, Gay Ordination, and Human Rights Law Rex J. Ahdar
Freedom of Religion: Legal Perspective Sophie C. van Bijsterveld
The Public Manifestation of Religion or Belief: Challenges for a Multi-Faith Society in the Twenty-First Century Peter Cumper
Professional Ethics and Autonomy: A Theological Critique Steven H. Resnicoff
Clergy Privilege and Conscientious Objection to the Privilege J. David Bleich
Is the Jewish Get any Business of the State? Michael Freeman
The Intersecting Worlds of Religious and Secular Marriage Perry Dane
Judicial Approaches to Religious Disputes Mark Hill
Justifications for Religious Autonomy Norman Doe and Anthony Jeremy
Religious Remnants in the Composition of the United Kingdom Parliament Peter W. Edge
Religious Denomination or Public Religion? The Legal Status of the Church of England Augur Pearce
Defining the Legal Boundaries of Orthodoxy for Public and Private Religion in England David Harte
International Law and Peace between the Nations: The Contribution of the Baha’i Faith Danesh Sarooshi
A Voyage in God’s Canoe: Law and Religion in Melanesia Reid Mortensen
Christian Perspectives on the Law: What Makes the Distinctive? Paul Beaumont
Radical Change in the Legal Regulation of Religious Affairs in Post-Communist Poland Piotr Mazurkiewicz
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Current Legal Issues Volume 3 Law and Medicine

Law and MedicineLaw and Medicine, the third volume in the Current Legal Issues series, is a comprehensive and provocative treatment of a relationship that will stimulate and enlighten anyone interested in law, ethics and medicine.

This volume considers the many areas where medicine intersects with the law. Advances in medical research, reproductive science and genetic research give rise to ethical and legal issues that are well known. These are reflected in chapters on cloning, organ donation, choosing genetic characteristics, and the use of Viagra!

At the same time changes in health care funding call into question the rights of patients, whilst a rise in medical negligence litigation calls into question the doctor’s duty of care. What rights will patients have in a privately funded health service and what room is there for the patient’s right to choose or refuse treatment in such a system?

The changing structure of health care is in the government’s hands whilst the supply of technology and drugs flows unregulated by market forces. In the future, clashes between what can be done and what ought to be done will be increasingly referred to the courts. All of these important and changing facets of law and medicine are reflected in this collection.

Edited by Michael Freeman, Professor of English Law, Faculty of Laws, University College London
and Andrew Lewis, Professor of Law, Faculty of Laws, University College London

Editorial Introduction M. Freeman
The NHS in Private Hands? Regulating Private Providers of NHS services C. Newick
Health Care Information Technology and Provider Accountability: A Symbiotic Relationship F. Miller
The Manipulation of Medical Practice V. Harpwood
Clinical Guidelines, Negligence and Medical Practice H. Teff
Threatening Behaviour? The Challenge Posed by Medical Negligence Claims L. Mulcahy
Information, Decisions, and the Limits of Informed Consent C. Schneider and M. Farrell
Patient Autonomy – A Turn in the Tide? R. Bailey-Harris
Legal Limits: When Does Autonomy in Health Care Prevail? A. Flamm and H. Forster
Law, Society and the New Genetics R. Dingwall
The Ethics of Human Cloning B. Steinbock
Written in Code: Diversity and the New Genetics B. Bennett
Gene Therapy – Cure or Challenge? S. McLean
Protecting the Unborn Child from its Drug or Alcohol Abusing Mother K. Norrie
Status of the Embryo in the Light of Islamic Jurisprudence A. Ebrahim
Can We Leave the Best Interests of Very Sick Children to their Parents? M. Freeman
The Caesarean Section Cases and the Supremacy of Autonomy J. Herring
Policing Pregnancy: Rights and Wrongs M. Blake
The Gifts of Life – Donating Gametes and the Consequences L. Waller and D. Mortimer
Consent and Intent: The Legal Difference in Assisted Reproductive Treatments F. Shenfield
Symbolic Harm and Reproductive Practices E. Boetzkes
Viagra is Coming! The Rhetoric of Choice and Need H. Biggs and R. Mackenzie
The Politics of Paternity: Foetal Risks and Reproductive Harm C. Daniels and J. Golden
Research on Human Subjects, Exploitation, and Global Principles of Ethics J. Harris
Government Priorities for Biomedical Research: What Does Justice Require? R. Dresser
Health Research with Children: the New Zealand Experience N. Peart
Medical Date, New Information Technologies, and the Need for Normative Principles other than Privacy Rules A. Vedder
Pre-Employment Health Screening D. Kloss
Human Organ Transplant Ordinance: Facilitating Adult Live Donor Transplants? A. Liu
Thrift-Euthanasia, in Theory and in Practice: A Critique of Non-Heart-Beating Organ Harvesting H. Ducharme
The Comatose Pregnant Woman: Abortion and the Substituted-Judgement Approach E. Bernat
The Mental Health Act: Taking Stock of the Current Position and Thinking about the Future P. Bartlett
Mind and Body: Medicine and Law B. Mahendra
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Current Legal Issues Volume 2 Law and Literature

Current Legal Issues  Volume 2  Law and LiteratureLaw and Literature, the second volume in the Current Legal Issues series, is a comprehensive and provocative treatment of an exciting new area that will stimulate and enlighten anyone interested in the relationship between law and literature.

Law is literature but it also features frequently in literature. The legal process and in particular the trial has provoked much literature. There are also common problems of interpretation and similar interests in rhetoric and hermeneutics. Literature may be constrained by the law of defamation, obscenity, or blasphemy as, for example, the Salman Rushdie affair so vividly illustrates. All of these wide-ranging topics of relating law to literature are explored in this state of the art volume written by leading thinkers from both sides of the Atlantic.
Texts analysed range from drama to novels to film and musical performance and interpretation to the Bible. Trials dissected include Eichmann and M’Naughten cases and treason and witchcraft trials.

The range of subjects includes legal ethics, punishment, responsibility, colonialism, violence, and feminism.

Edited by Michael Freeman, Professor of English Law, Faculty of Laws, University College London
and Andrew Lewis, Professor of Law, Faculty of Laws, University College London

Editor’s Preface Michael Freeman
Introduction Anthony Julius
Writing and Reading in Philosophy, Law and Poetry James Boyd White
Interdisciplinary Legal Scholarship as Guilty Pleasure: The Case of Law and Literature Jane B. Baron
Literature’s Twenty-Year Crossing Into the Domain of Law: Continuing Trespass or Right by Adverse Possession? Richard H. Weisburg
The Law-as-Literature Trope Guyora Binder
(Per)versions of Law and Literature Tony Sharpe
Shakespeare, the Narrative Community and the Legal Imagination Ian Ward
Ibsen and the Ascription of Blame in Law John Stanton-Ife
Tess of the D’Urbervilles and the Law of Provocation Melanie Williams
Fantasies of Women as Lawmaker: Empowerment or Entrapment in Angela Carter’s Bloody Chambers Maria Aristodemou
From Bette Davis to Mrs Whitehouse: Law and Literature – Theory and Practice Michael Thomson
‘ How can ye criticise what’s plain law, man?’: The Lawyer, the Novelist and the Discourse of Authority Marie Hockenhull Smith
The Bible, Law and Liberation: Towards a Politico-Legal Hermeneutics of the Sermon on the Mount Adam Gearey
Rivka Yoselewska on the Stand: The Structure of Legality and the Construction of Heroic Memory at the Eichmann Trial Lawrence Douglas
The ‘Final Struggle’: A Discoursal, Rhetorical, and Social Analysis of Two Closing Arguments Jill Tomasson Goodwin
Crossing the Literary Modernist Divide at Century’s End: The Turn to Translation and the Invention of Identity in America’s Story of Origins Gary Minda
Lawyers and Introspection Thomas Morawetz
Translation and Judicial Ethos: Some Remarks on James Boyd White’s Proposal for the Harmony of the Spheres Jeanne Gaakeer
The Sovereign Self: Identity and Responsibility in Victorian England Simon Petch
Is Literature More Ethical than Law? Fitzjames Stephen and Literary Responses to the Advent of Full Legal Representation for Felons Jan-Melissa Schramm
Victorian Narrative Jurisprudence Christine L. Krueger
‘ Born Pious, Literary, and Legal’: Lord Coleridge’s Criticisms in Law and Literature Ray Greary
Defamation and Fiction Eric Barendt
Art Crimes Anthony Julius
Reading Blasphemy: The Necessity for Literary Analysis in Legal Scholarship Anthony Bradney
Capturing Childhood: The Indian Child in the European Imagination Anne McGillivray
Legalizing Violence: Fanon, Romance, Colonial Law Gary Boire
Governing Bodies, Tempering Tongues: Elizabeth Barton and Tudor Treason Mary Polito
The Guernsey Witchcraft Trials of 1617: The Case of Collete Becquet Matthew McGuinness
The Hidden Truth of Autopoiesis
Willem J. Witteveen
What Frederick Douglass Says to Kant, With Help from Einstein Wai-Chee Dimock
Singular and Aggregate Voices: Audiences and Authority in Law & Literature and in Law & Feminism Judith Resnik
Law as Performance J. M. Balkin and Sanford Levinson
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Current Legal Issues Volume 1 Law and Science

This is the first volume of Current Legal Issues, published a sister series to Current Legal Problems. The basis for each interdisciplinary volume is a two-day colloquium held by the Faculty of Laws at University College London.

This first volume explores the relationship of law and science, with a particular focus on the role of science as evidence. Scientific evidence impinges on a wide range of legal issues, including, for example, risk assessment in mental health and child abuse, criminal investigations, chemical and medical products, mass tort cases and the attribution of paternity. Science promises to reduce (or even eliminate) uncertainty; how should lawyers respond to such ambitious claims? As the civil justice process undergoes a major overhaul, this diverse and stimulating collection of essays provides a timely and thought-provoking reassessment of the relationship between law and science in general and the uses and value of scientific evidence in particular.

Edited by Helen Reece, Lecturer in Laws, School of Law, Birkbeck College (formerly lecturer, Faculty of Laws, University College London)

Editor’s Introduction Helen Reece
Cognitive Science, Legal Theory, and the Possibility of an Observation/Theory Distinction in Morality and Law J. E. Penner
Science, Reason and Tort Law Heidi Li Feldman
The Role of Scientific Evidence in the Assessment of Causation in Medicinal Product Liability Litigation Richard Goldberg
Pedro Juan Cubillo v Commonwealth of Australia: Right Result, Wrong Method Helen Reece
The Environment, Science, and Law John McEldowney
The BSE Crisis: a Study of the Precautionary Principle and the Politics of Science in Law Jane Holder and Sue Elworthy
A New Criterion for the Admissibility of Scientific Evidence? Fiona E. Raitt
Expert Evidence in Canadian Criminal Proceedings Paul Roberts
The Risks and Dangers of Experts in Court Michael King and Felicity Kaganas
Law’s Truth, Lay Truth and Medical Science Tony Ward
‘ Brainwashing’ Evidence in Light of Daubert Gerald Ginsburg and James Richardson
What Lawyers Need to Know about Science Lewis Wolpert

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