This collection of essays brings together the work of many of the world's leading Contract Law scholars. It focuses upon a common central theme---the question of good faith and fair dealing in the Law of Contract. The book is divided into several parts: the first part is an Introduction; Part II examines the requirement of good faith and its role in the formation of contracts; Part III is concerned with contractual obligations; Part IV examines Breach of Contract and Remedial Issues. The work will be of widespread interest to scholars of Private Law in both Common and Civil Law jurisdictions.

This book offers a collection of essays by arguably the most popular legal historian writing today. Most of the essays have not been previously published, and those which have appeared previously have been re-written to make the collection read more coherently. The collection is centred upon the theme of the leading case - a case where the judgment has established a long-lasting or far-reaching precedent in Common Law, and the author has selected a number of these cases in order to illustrate how the precedents established by the cases had little or nothing to do with the trials themselves.

More than any other defence in the criminal law, the insanity defence has, and continues to be, the subject of heated debate. Yet too little is known about how the insanity defence operates in different jurisdictions, including in the United Kingdom and Ireland. In this book, Mackay and Brookbanks, and their team of expert contributors, explore the theory and practice around the insanity defence and analyse its diverse influence and manifestations across a wide range of common law and civil law jurisdictions. Typically, the insanity defence, as exemplified in the M'Naghten Rules, represents a foundational aspect of criminal responsibility, although in some jurisdictions it serves only to define degrees of mental capacity. However, what all jurisdictions have in common is the high and increasing incidence of mental illness and impairment challenging existing constructions of an exculpatory rule. This book explores in detail the origins and operation of the M'Naghten Rules as well as the eclectic nature of the insanity defence, its highly variable linguistic expression, and the diverse social policy mandates it seeks to embrace. The Insanity Defence will reinvigorate the debate about the defence by discussing both its theoretical basis and exploring how different jurisdictions approach the insanity plea, not only in relation to an appropriate test and how it operates, but also from the perspective of disposal and how those who use the insanity defence successfully are dealt with. This book will be of interest to researchers, academics, and advanced students with an interest in criminal law internationally, as well as to those involved in the development of policy and legislation.

Written for the beginning student as well as the experienced scholar, this introductory analysis of the origin and early development or the English common law provides and excellent grounding for the early study of legal history. Between 1154, when Henry II became king, and 1307, when Edward I died, the common law underwent spectacular growth. The author begins with a discussion of the relationship between the early rules of common law and the social order they serve during this period and concludes with an extended commentary on the durability and continued growth of the common law in modern times.Arthur Reed Hogue (1906-1986) was Professor of History at Indiana University.

The Plot to Change America exposes the myths that help identity politics perpetuate itself. This book reveals what has really happened, explains why it is urgent to change course, and offers a strategy to do so. Though we should not fool ourselves into thinking that it will be easy to eliminate identity politics, we should not overthink it, either. Identity politics relies on the creation of groups and then on giving people incentives to adhere to them. If we eliminate group making and the enticements, we can get rid of identity politics. The first myth that this book exposes is that identity politics is a grassroots movement, when from the beginning it has been, and continues to be, an elite project. For too long, we have lived with the fairy tale that America has organically grown into a nation gripped by victimhood and identitarian division; that it is all the result of legitimate demands by minorities for recognition or restitutions for past wrongs. The second myth is that identity politics is a response to the demographic change this country has undergone since immigration laws were radically changed in 1965. Another myth we are told is that to fight these changes is as depraved as it is futile, since by 2040, America will be a minority-majority country, anyway. This book helps to explain that none of these things are necessarily true.

The forms of action are a part of the structure upon which rests the whole common law of England and, though we may have buried them, they still, as Maitland says, rule us from their graves. The following extract is taken from the editors' preface: 'The evasion of the burden of archaic procedure and of such barbaric tests of truth as battle, ordeal and wager of law, by the development of new forms and new law out of criminal or quasi criminal procedure and the inquest of neighbour-witnesses has never been described with this truth and clearness. He makes plain a great chapter of legal history which the learners and even the lawyers of today have almost abandoned in despair. The text of the chief writs is given after the lectures ...'

Many countries use and apply the common law. The common law world largely operates through statutes enacted by a country's democratic legislature. These statutes are drafted and interpreted according to a uniform system of rules, presumptions, principles and canons evolved over centuries by common law judges.
In this book, Francis Bennion distills forty years of his prolific writings on statute law and statutory interpretation to provide valuable guidance on statutory interpretation applicable to all common law jurisdictions.

Two central themes run through The Due Process of Law. The first is the workings of the various "measures authorised by the law so as to keep the streams of justice pure"--that is to say, contempt of court, judicial inquiries, and powers of arrest and search. The second is the recent development of family law, focusing particularly on Lord Denning's contribution to the law of husband and wife. These broad themes are elaborated through a discussion of Lord Denning's own judgments and opinions on a wide range of topics.

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.

Always the serious student's choice for a Trusts Law textbook, the new seventh edition of Moffat's Trusts Law once again provides a clear examination of the rules of Trusts, retaining its hallmark combination of a contextualised approach and a commercial focus. The impact of statutory developments and a wealth of new cases - including the Supreme Court and Privy Council decisions in Patel v. Mirza [2016] UKSC 42, PJS v. News Group Newspapers Ltd [2016] UKSC, Burnden Holdings v. Fielding [2018] UKSC 14, and Federal Republic of Brazil v. Durant [2015] UKPC 35 - are explored. A streamlining of the chapters on charitable Trusts, better to align the book with the typical Trusts Law course, helps students understand the new directions being taken in the areas of Trust Law and equitable remedies.

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. Entitled Of Private Wrongs, Book III can be divided into three principal parts. The first describes the multiple courts in England and their jurisdictions, including the wrongs cognizable in each of them. The second describes some aspects of the substantive common law: wrongs to persons and to personal and real property. The third describes the processes of litigation in the courts of common law and equity.

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. In the final volume of the Commentaries Blackstone presents a comprehensive and critical overview of English criminal law and procedure, prefaced by a discussion of the philosophical and basis of the criminal justice system. His final chapter 'On the Rise, Progress, and Gradual Improvements, of the Laws of England' provides a fitting historical conclusion to the work as a whole.

The Formation of English Common Law provides a comprehensive overview of the development of early English law, one of the classic subjects of medieval history. This much expanded second edition spans the centuries from King Alfred to Magna Carta, abandoning the traditional but restrictive break at the Norman Conquest. Within a strong interpretative framework, it also integrates legal developments with wider changes in the thought, society, and politics of the time. Rather than simply tracing elements of the common law back to their Anglo-Saxon, Norman or other origins, John Hudson examines and analyses the emergence of the common law from the interaction of various elements that developed over time, such as the powerful royal government inherited from Anglo-Saxon England and land holding customs arising from the Norman Conquest. Containing a new chapter charting the Anglo-Saxon period, as well as a fully revised Further Reading section, this new edition is an authoritative yet highly accessible introduction to the formation of the English common law and is ideal for students of history and law.

This book brings together past and present law commissioners, judges, practitioners, academics and law reformers to analyse the past, present and future of the Law Commissions in the United Kingdom and beyond. Its internationally recognised authors bring a wealth of experience and insight into how and why law reform does and should take place, covering statutory and non-statutory reform from national and international perspectives. The chapters of the book developed from papers given at a conference to mark the fiftieth anniversary of the Law Commissions Act 1965.