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Books > Law > Jurisprudence & general issues > Foundations of law > Common law
In this unique book Lord Woolf recounts his remarkable career and
provides a personal and honest perspective on the most important
developments in the common law over the last half century. The book
opens with a comprehensive description of his family background,
which was very influential on his later life, starting with the
arrival of his grandparents as Jewish immigrants to England in
1870. His recollections of his early years and family, education
and life as a student lead into his early career as a barrister and
as a Treasury Devil, moving on to his judicial career and the many
roles taken therein. The numerous standout moments examined include
his work on access to the judiciary, prison reform, and suggested
reforms to the European Court of Human Rights. Fascinating insights
into the defining cases of his career, T AG v Jonathan Cape,
Gouriet v Union of Post Office Workers, Tameside, Hazel v
Hammersmith, M v Home Office, remind the reader of how impactful
his influence has been. He considers the setting of the mandatory
component of the life sentences of Thompson and Venables and the
Diane Blood case. Alongside the case law, and the Woolf Reforms,
the Constitutional Law Reform Act 2005 is also explored.
Considering the ebb and flow of changes over his remarkable
judicial life, Lord Woolf identifies those he welcomes, but also
expresses regret on what has been lost. A book to remind lawyers,
be they students, practitioners or scholars, of the power and
importance of law. All author profits from the book will be donated
to the Woolf Institute.
Inspired by the work of Professor Michael Taggart, this collection
of essays from across the common law world is concerned with two
separate but related themes. First, to what extent and by what
means should review on substantive grounds such as unreasonableness
be expanded and intensified? Jowell, Elliott and Varuhas all agree
with Taggart that proportionality should not 'sweep the rainbow',
but propose different schemes for organising and conceptualising
substantive review. Groves and Weeks, and Hoexter evaluate the
state of substantive review in Australia and South Africa
respectively. The second theme concerns the broader (Canadian)
sense of substantive review including the illegality grounds, and
whether deference should extend to these grounds. Cane and Aronson
consider the relevance and impact of different constitutional and
doctrinal settings. Wilberg and Daly address questions concerning
when and how deference is to operate once it is accepted as
appropriate in principle. Rights-based review is discussed in a
separate third part because it raises both of the above questions.
Geiringer, Sales and Walters examine the choices to be made in
settling the approach in this area, each focusing on a different
dichotomy. Taggart's work is notable for treating these various
aspects of substantive review as parts of a broader whole, and for
his search for an appropriate balance between judicial scrutiny and
administrative autonomy across this entire area. By bringing
together essays on all these topics, this volume seeks to build on
that approach.
The Common Law is Oliver Wendell Holmes' most sustained work of
jurisprudence. In it the careful reader will discern traces of his
later thought as found in both his legal opinions and other
writings. At the outset of The Common Law Holmes posits that he is
concerned with establishing that the common law can meet the
changing needs of society while preserving continuity with the
past. A common law judge must be creative, both in determining the
society's current needs, and in discerning how best to address
these needs in a way that is continuous with past judicial
decisions. In this way, the law evolves by moving out of its past,
adapting to the needs of the present, and establishing a direction
for the future. To Holmes' way of thinking, this approach is
superior to imposing order in accordance with a philosophical
position or theory because the law would thereby lose the
flexibility it requires in responding to the needs and demands of
disputing parties as well as society as a whole. According to
Holmes, the social environment--the economic, moral, and political
milieu--alters over time. Therefore in order to remain responsive
to this social environment, the law must change as well. But the
law is also part of this environment and impacts it. There is,
then, a continual reciprocity between the law and the social
arrangements in which it is contextualized. And, as with the
evolution of species, there is no starting over. Rather, in most
cases, a judge takes existing legal concepts and principles, as
these have been memorialized in legal precedent, and adapts them,
often unconsciously, to fit the requirements of a particular case
and present social conditions.
Oxford's variorum edition of William Blackstone's seminal treatise
on the common law of England and Wales offers the definitive
account of the Commentaries' development in a modern format. For
the first time it is possible to trace the evolution of English law
and Blackstone's thought through the eight editions of Blackstone's
lifetime, and the authorial corrections of the posthumous ninth
edition. Introductions by the general editor and the volume editors
set the Commentaries in their historical context, examining
Blackstone's distinctive view of the common law, and editorial
notes throughout the four volumes assist the modern reader in
understanding this key text in the Anglo-American common law
tradition. Book I: Of the Rights of Persons covers the key topics
of constitutional and public law. Blackstone's inaugural lecture
'On the Study of the Law' introduces a series of general essays on
the nature of law, including a chapter on 'The Absolute Rights of
Individuals' . This is followed by an extended account of England's
political constitution. The various categories of people or
subjects are then surveyed, with special attention to the rights
and obligations of masters and servants, husbands and wives,
parents and children, and lastly 'artificial persons', or
corporations. In addition to David Lemmings' introduction to the
volume, Book I includes an introduction from the General Editor
Wilfrid Prest.
The law of torts recognises many defences to liability. While some
of these defences have been explored in detail, scant attention has
been given to the theoretical foundations of defences generally. In
particular, no serious attempt has been made to explain how
defences relate to each other or to the torts to which they
pertain. The goal of this book is to reduce the size of this
substantial gap in our understanding of tort law. The principal way
in which it attempts to do so is by developing a taxonomy of
defences. The book shows that much can be learned about a given
defence from the way in which it is classified. This new paperback
edition contains a substantial preface in which the author responds
to critics. Reviews 'James Goudkamp's book can rightly claim to be
the first serious attempt to examine tort law defences
systematically and it is a very important addition to the private
law canon ... [His] analysis is consistently thought-provoking ...
[T]his book will provide the framework for future analysis of all
private law defences'. Graham Virgo, The Cambridge Law Journal
'This book ... is the first sustained attempt in the modern law to
explore the theoretical foundations of the defences to liability
recognised by the law of tort and their interrelationship ... [It
is] an instant classic'. Ken Oliphant and Annette Morris, Yearbook
of European Tort Law 'James Goudkamp's Tort Law Defences fills a
startling gap in tort law scholarship... [It] provides an
impressive foundation for the future study of defences, and will
undoubtedly become the standard against which all other works are
measured'. Erika Chamberlain, Canadian Business Law Journal
Law is a strange beast. It is often thought of as moral, yet
morality and law do not often coincide. It is supposed to encourage
individuals to act in accordance with societal wishes, such as the
protection of intellectual property encourages someone to invent
new products and thereby increase the level of technology,
productivity, and economic activity in our economy. Yet law often
provides perverse incentives that cause individuals, or even the
State, to act in discordant, and therefore inefficient, ways. More
than anything else, law in its various forms creates the working
rules of an economy, for better or for worse. The popular refrain
'there ought to be a law' is a desire to alter future outcomes when
current or past outcomes seem to the public to be inconsistent with
their notions of fairness and justice. Regardless, many, if not
most, laws applied to our economic system create severe
inefficiencies such as minimum wage legislation and rent control
laws; these actually serve to deny individuals work and shelter in
a haphazard and capricious manner. Law also dictates property
rights, yet eminent domain lets the State take it away with
seemingly arbitrary compensation to the owner. It is for this
reason that workers, employers, managers and others have a stake in
understanding the interplay between law and economics and how to
evaluate laws to determine whether and how their business property
and equity may be impacted by them. It is also incumbent upon
individuals to understand the process of rulemaking as a mechanism
that can be designed to reduce the transactions costs that cause us
to resort to the legal system to resolve disputes. One unique
aspect of this book is that it is written with both economists and
non-economists in mind. Another difference is that this text does
not concern itself with criminal law, which is left to a separate
book in the Business Expert Press economics collection. A final
difference is that this text discusses the legal organization of
businesses as well as tax law from an economics perspective, two
items that are not formally treated in other economics of law
textbooks.
"The ornament of the Common Law." Lyttleton, His Treatise of
Tenures, in French and English. A New Edition, Printed From the
Most Ancient Copies, And Collated With the Various Readings of the
Cambridge MSS. To Which Are Added The Ancient Treatise of the Olde
Tenures, And the Customs of Kent. Originally published: London: S.
Sweet, 1841. lv, 1], 727 pp. Hardcover. New.
With index. Parallel text in Law-French and English. Written during
the reign of Edward IV 1442-1483], Littleton's Tenures was much
admired for its learning and style. It is concerned with the
doctrines of old English Common Law regarding the tenures of real
estate as well as issues related to real property. This venerable
work, which Coke called "the ornament of the Common Law, and the
most perfect and absolute work that ever was written in any humane
science," is a considered a landmark because it renounced the
principles of Roman law in favor of a set of guidelines and
doctrines drawn from the Year Books, and when necessary,
hypothetical cases.
Sir Thomas Littleton 1402-1481] was a King's Serjeant, Judge of
Assize and Justice of the Common Pleas.
T.E. Tomlins 1804-1872] was a notable legal writer and antiquarian.
His is best known for his Popular-Law Dictionary (1838). (He is
confused sometime with his uncle, Sir Thomas Edlyne Tomlins, the
prolific legal writer and editor of the later editions of Jacob's
Law-Dictionary.)
"The ornament of the Common Law." Lyttleton, His Treatise of
Tenures, in French and English. A New Edition, Printed From the
Most Ancient Copies, And Collated With the Various Readings of the
Cambridge MSS. To Which Are Added The Ancient Treatise of the Olde
Tenures, And the Customs of Kent. Originally published: London: S.
Sweet, 1841. lv, 1], 727 pp. Paperback. New.
With index. Parallel text in Law-French and English. Written during
the reign of Edward IV 1442-1483], Littleton's Tenures was much
admired for its learning and style. It is concerned with the
doctrines of old English Common Law regarding the tenures of real
estate as well as issues related to real property. This venerable
work, which Coke called "the ornament of the Common Law, and the
most perfect and absolute work that ever was written in any humane
science," is a considered a landmark because it renounced the
principles of Roman law in favor of a set of guidelines and
doctrines drawn from the Year Books, and when necessary,
hypothetical cases.
Sir Thomas Littleton 1402-1481] was a King's Serjeant, Judge of
Assize and Justice of the Common Pleas.
T.E. Tomlins 1804-1872] was a notable legal writer and antiquarian.
His is best known for his Popular-Law Dictionary (1838). (He is
confused sometime with his uncle, Sir Thomas Edlyne Tomlins, the
prolific legal writer and editor of the later editions of Jacob's
Law-Dictionary.)
It has been generally believed among different sections and groups
of the society that legal education is only for the law students,
lawyers etc. But have you ever thought that how important role can
basic legal education plays in our daily life. It is very necessary
for every person to have certain knowledge of Law, otherwise it
would become very difficult for him to tackle several problems,
from consumer protection to fundamental rights. One of the reasons
for popular dissatisfaction with the administration of justice is
the uncertainty of law which sometimes results in miscarriage of
justice. The multiplicity of interpretations, the inadequacies of
legislative drafting, ambiguities in policies and the variety of
languages in which transactions are made add to the confusion and
make repeated litigation inevitable. This book "Law for the Common
Man" will be of immense help for layman to understand the legal
issues in simple and effective manner. This book will be of immense
help to make people aware about their rights and duties.
This book examines the interface between religion, charity law and
human rights. It does so by treating the Church of England and its
current circumstances as a timely case study providing an
opportunity to examine the tensions that have now become such a
characteristic feature of that interface.
Firstly, it suggests that the Church is the primary source of canon
law principles that have played a formative role in shaping civic
morality throughout the common law jurisdictions: the history of
their emergence and enforcement by the State in post-Reformation
England is recorded and assessed. Secondly, it reveals that of such
principles those of greatest weight were associated with matters of
sexuality: in particular, for centuries, family law was formulated
and applied with regard for the sanctity of the heterosexual
marital family which provided the only legally permissible context
for any form of sexual relationship. Thirdly, given that history,
it identifies and assesses the particular implications that now
arise for the Church as a consequence of recent charity law reform
outcomes and human rights case law developments: a comparative
analysis of religion related case law is provided. Finally,
following an outline of the structure and organizational functions
of the Church, a detailed analysis is undertaken of its success in
engaging with these issues in the context of the Lambeth
Conferences, the wider Anglican Communion and in the ill-fated
Covenant initiative.From the perspective of the dilemmas currently
challenging the moral authority of the Church of England, this book
identifies and explores the contemporary moral imperatives or red
line issues that now threaten the coherence of Christian religions
in most leading common law nations. Gay marriage and abortion are
among the host of morally charged and deeply divisive topics
demanding a reasoned response and leadership from religious bodies.
Attention is given to the judicial interpretation and evaluation of
these and other issues that now undermine the traditional role of
the Church of England. As the interface between religion, charity
law and human rights becomes steadily more fractious, with
religious fundamentalism and discrimination acquiring a higher
profile, there is now a pressing need for a more balanced
relationship between those with and those without religious
beliefs.
This book will be an invaluable aid in starting the process of
achieving a triangulated relationship between the principles of
canon law, charity law and human rights law.
"
(Illustrated: Contains extensive images and photographs, with
scholarly explanations, including Holmes's handwritten notes in the
margins of his book and the original admission ticket to his 1880
lectures.) Modern, accurate, and legible edition of the classic
work by Oliver Wendell Holmes, Jr., analyzing the concept of rules
and the development of common law in the United States and England
over ten centuries. Presented in a clear and affordable format, yet
with original pagination embedded to allow accurate citation or
uniform references for classroom use. Includes photographs and rare
images, Holmes's original Index, Preface and detailed Contents
(features missing in many prior editions), and readable typeface.
Holmes wrote this work from his famous 1880 series of lectures in
Boston on the life of the law, the use of history, and the basics
of torts, contracts, crime, and property law. Law, he wrote, is a
response to the felt necessities of the time. And in the process he
wrote a book that is considered timeless. This modern edition of
the classic book features an explanatory introduction and
biographical summary by Steven Alan Childress, J.D., Ph.D., a
senior law professor at Tulane University.
Schwartz provides a masterly exposition of administrative law
through a comparative study of the French droit administratif,
arguably the most sophisticated Continental model. As Vanderbilt
points out in his introduction, this is an important field that
involves much more than administrative procedure. It deals directly
with some of the most crucial issues of modern government regarding
the distribution of power between governmental units, the resulting
effect on the freedom of the individual and on the strength and
stability of the state. Reprint of the sole edition." T]his book
represents a significant achievement.... Unlike so many volumes
that roll off the press these days, it fills a real need; and,
though perhaps not the definitive work in English on the subject,
it fills it extremely well." --Frederic S. Burin, Columbia Law
Review 54 (1954) 1016Bernard Schwartz 1923-1997] was professor of
law and director of the Institute of Comparative Law, New York
University. He was the author of over fifty books, including The
Code Napoleon and the Common-Law World (1956), the five-volume
Commentary on the Constitution of the United States (1963-68),
Constitutional Law: A Textbook (2d ed., 1979), Administrative Law:
A Casebook (4th ed., 1994) and A History of the Supreme Court
(1993).
Any effort to understand how law works has to take seriously its
main players - judges. Like any performance, judging should be
evaluated by reference to those who are its best exponents. Not
surprisingly, the debate about what makes a 'great judge' is as
heated and inconclusive as the debate about the purpose and nature
of law itself. History shows that those who are candidates for a
judicial hall of fame are game changers who oblige us to rethink
what it is to be a good judge. So the best of judges must tread a
thin line between modesty and hubris; they must be neither mere
umpires nor demigods. The eight judges showcased in this book
demonstrate that, if the test of good judging is not about getting
it right, but doing it well, then the measure of great judging is
about setting new standards for what counts as judging well.
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