1. Rethinking Law series

    The Rethinking Law series is a forum for innovative scholarly legal writing from across all substantive fields of law. The series aims to enrich the study of law by promoting a cutting-edge approach to legal analysis. Despite the old maxim that nothing is new under the sun, it is nevertheless true that laws evolve and contexts in which laws operate change. Law faces new and previously unforeseen challenges, responds to shifting motivations and is shaped by competing interests and experiences. Academic scrutiny and challenge is an essential component in the development of law, and the act of re-thinking and re-examining principles and precepts that may have been long-held is imperative. Rethinking Law showcases authored books that address their field from a new angle, expose the weaknesses of existing frameworks, or 're-frame' the topic in some way. This might be through the introduction of a new legal framework, through the integration of perspectives from other fields or even other disciplines, through challenging existing paradigms, or simply through a level of analysis that elevates or sharpens our understanding of a subject. While each book takes its own approach, all the titles in the series use an analytical lens to open up new thinking.

Books in this series

TOTAL: 9
  1. Rethinking the Law of Contract Damages

    Rethinking the Law of Contract Damages

    Victor P. Goldberg
    In this series of chapters on contract damages issues, Victor P. Goldberg provides a framework for analyzing the problems that arise when determining damages, and applies it to case law in both the USA and the UK. Learn More
    2019   Hardback Price: $ 140.00   Web: $ 126.00
    Availability: In Stock
  2. Rethinking Law and Language

    Rethinking Law and Language

    Jan M. Broekman
    The ‘law-language-law’ theme is deeply engraved in Occidental culture, more so than contemporary studies on the subject currently illustrate. This insightful book creates awareness of these cultural roots and shows how language and themes in law can be richer than studying a simple mutuality of motives. Rethinking Law and Language unveils today’s problems with the two faces of language: the analogue and the digital, on the basis of which our smart phones and Artificial Intelligence create modern life. Learn More
    2019   Hardback Price: $ 145.00   Web: $ 130.50
    Availability: In Stock
  3. Rethinking US Election Law

    Rethinking US Election Law

    Steven Mulroy
    Recent U.S. elections have defied nationwide majority preference at the White House, Senate, and House levels. This work of interdisciplinary scholarship explains how “winner-take-all” and single-member district elections make this happen, and what can be done to repair the system. Proposed reforms include the National Popular Vote interstate compact (presidential elections); eliminating the Senate filibuster; and proportional representation using Ranked Choice Voting for House, state, and local elections. Learn More
    2018   Hardback Price: $ 115.00   Web: $ 103.50
    Availability: In Stock
    2020   Paperback Price: $ 39.95   Web: $ 31.96
    Availability: Not yet published (pre-order)
  4. Rethinking the Jurisprudence of Cyberspace

    Rethinking the Jurisprudence of Cyberspace

    Chris Reed, Andrew Murray
    Cyberspace is a difficult area for lawyers and lawmakers. With no physical constraining borders, the question of who is the legitimate lawmaker for cyberspace is complex. Rethinking the Jurisprudence of Cyberspace examines how laws can gain legitimacy in cyberspace and identifies the limits of the law’s authority in this space. Learn More
    2018   Hardback Price: $ 125.00   Web: $ 112.50
    Availability: In Stock
    2020   Paperback Price: $ 40.00   Web: $ 32.00
    Availability: Not yet published (pre-order)
  5. Rethinking Legal Reasoning

    Rethinking Legal Reasoning

    Geoffrey Samuel
    ‘Rethinking’ legal reasoning seems a bold aim given the large amount of literature devoted to this topic. In this thought-provoking book, Geoffrey Samuel proposes a different way of approaching legal reasoning by examining the topic through the context of legal knowledge (epistemology). What is it to have knowledge of legal reasoning? Learn More
    2018   Hardback Price: $ 150.00   Web: $ 135.00
    Availability: In Stock
    2020   Paperback Price: $ 65.00   Web: $ 52.00
    Availability: Not yet published (pre-order)
  6. Rethinking Intellectual Property

    Rethinking Intellectual Property

    Gustavo Ghidini
    Intellectual property law is built on constitutional foundations and is underpinned by the twin freedoms of freedom of expression and freedom of economic enterprise. In this thoughtful evaluation, Gustavo Ghidini offers up a reconstruction of the core features of each intellectual property paradigm, including patents, copyright, and trademarks, suggesting measures for reform to allow intellectual property to become socially beneficial for all. Learn More
    2018   Hardback Price: $ 160.00   Web: $ 144.00
    Availability: In Stock
  7. Rethinking International Commercial Arbitration

    Rethinking International Commercial Arbitration

    Gilles Cuniberti
    Arbitration is the normal and preferred mode for resolving international commercial disputes. It presents an essential advantage over national courts by offering neutrality of adjudication, but is currently only available where both parties have consented to it. This innovative book proposes a fundamental rethink of this assumption and argues that arbitration should become the default mode of resolution in international commercial disputes. Learn More
    2017   Hardback Price: $ 125.00   Web: $ 112.50
    Availability: In Stock
  8. Rethinking Cyberlaw

    Rethinking Cyberlaw

    Jacqueline Lipton
    The rapid increase in Internet usage over the past several decades has led to the development of new and essential areas of legislation and legal study. Jacqueline Lipton takes on the thorny question of how to define the field that has come to be known variously as cyberlaw, cyberspace law or Internet law. Unlike much of the existing literature, this book tackles the question with the benefit of hindsight and draws on several decades of legal developments in the United States and abroad that help illustrate the scope of the field. Learn More
    2015   Hardback Price: $ 109.00   Web: $ 98.10
    Availability: In Stock
  9. Rethinking Contract Law and Contract Design

    Rethinking Contract Law and Contract Design

    Victor P. Goldberg
    Rethinking Contract Law and Contract Design presents a rich array of ideas that reassess the law and economics of contractual relations. Victor P. Goldberg uses a transactional framework to critically analyse and re-evaluate contract doctrine and specific legal cases. This important work examines particular contractual precepts whilst conducting a detailed exercise in legal archaeology, challenging readers to reconsider significant legal decisions by forensic exploration of records, briefs, and other materials, including the staple cases of textbooks and casebooks. Learn More
    2015   Hardback Price: $ 138.00   Web: $ 124.20
    Availability: In Stock
    2016   Paperback Price: $ 35.00   Web: $ 28.00
    Availability: In Stock