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.

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 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

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.

"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.)

(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.

The Best Edition of this Classic History: A Comprehensive Legal History of England from the Anglo-Saxon Period through the 19th Century. Theodore Frank Thomas Plucknett 1897-1965] received his LL.B. from the University of Cambridge in 1920. He was a Fellow of the British Academy, Professor of Legal History, University of London, and Assistant Professor of Legal History at Harvard University. He was also the author of Early English Legal Literature (1958) and Edward I and Criminal Law (1960). "Professor Plucknett has such a solid reputation on both sides of the Atlantic that one expects from his pen only what is scholarly and accurate... Nor is the expectation likely to be disappointed in this book. Plucknett's book is not...a mere epitome of what is to be found elsewhere. He has explored on his own account many regions of legal history and, even where the ground has been already quartered, he has fresh methods of mapping it. The title which he has chosen is, in view of the contents of the volume, rather a narrow one. It might equally well have been A Concise History of English Law... In conjunction with Readings on the History and System of the Common Law by Dean Pound...this book will give an excellent grounding to the student of English legal history." --Percy H. Winfield. Harvard Law Review 43 (1929-30) 339-340. " T]his book, comprehensive yet not elementary, clear yet inviting further study on the part of the reader, remains an excellent introduction to legal history and the study of law."-- Harvard Law Review 50 (1937-38) 1012. SELECTED CONTENTS BOOK ONE A General Survey of Legal History Part I The Crown and the State Part II The Courts and the Profession Part III Some Factors in Legal History Book TWO Special Part Part I Procedure Part II Crime and Tort Part III Real Property Part IV Contract Part V Equity Part VI Succession Index

Oliver Wendell Holmes, Jr. compiled this master work in 1881 from his famous lectures in Boston on the origins, reasoning, and import of the common law. "The life of the law has not been logic: it has been experience." It jump-started legal realism and established law as a pragmatic way to solve problems and make policy, not just a collection of rules. It has stood the test of time as one of the most important and influential studies of law and the development of legal rules. This book is interesting for a vast audience, and considered one of the most original books on U.S. law, for historians, students, political scientists, and those who follow the concept of rules. It is also a recommended read before law school. A new edition of Holmes' classic study of the judicial development of law. Includes 2010 Foreword by Steven Alan Childress, J.D., Ph.D., law professor at Tulane. Embeds correct footnote numbers and original page numbers for citing. Carefully reproduced from the original book but in a modern, readable format. Quid Pro's Legal Legends Series offers high-quality editions of legal scholarship, in print and digital formats. In addition, each book contains a scholar's new Foreword and biographical summary, to place the work in historical context and explain it to the reader.

A new take on Holmes' classic study of law and judicial development of rules. "The life of the law has not been logic: it has been experience." Annotated throughout with simple clarifications-decoding and demystifying it for the first time-to make it accessible to a new generation of readers. Features new Foreword and extensive notes by Steven Alan Childress, J.D., Ph.D., law professor at Tulane. Includes correct footnote numbers and original page numbers for citing. Contains rare photographs and insightful biographical section as well. As lamented by Holmes' premier biographer in 2006, The Common Law "is very likely the best-known book ever written about American law. But it is a difficult, sometimes obscure book, which today's lawyers and law students find largely inaccessible." No longer. With insertions and simple definitions of the original's language and concepts, this version makes it live for college students (able to "get it," at last, with legal terms explained), plus law students, lawyers, and anyone wanting to understand his great book. No previous edition has offered annotations. Oliver Wendell Holmes, Jr. compiled his master work in 1881 from lectures on the origins, reasoning, and import of the common law. It jump-started Legal Realism and established law as a pragmatic way to solve problems and make policy, not just a bucket of rules. It has stood the test of time as one of the most important and influential studies of law. This book is interesting for a vast audience-including historians, students, and political scientists. It is also an often-recommended read before law school or in the 1L year. High quality edition from Quid Pro's Legal Legends Series. Paperback edition now in its second printing. Also available in hardcover and ebook formats.

The book highlights the interconnections between three framing concepts in the development of modern western law: religion, race, and rights. The author challenges the assumption that law is an objective, rational and secular enterprise by showing that the rule of law is historically grounded and linked to the particularities of Christian morality, the forces of capitalism dependent upon exploitation of minorities, and specific conceptions of individualism that surfaced with the Reformation in the sixteenth century, and rapidly developed in the Enlightenment in the seventeenth and eighteenth centuries. Drawing upon landmark legal decisions and historical events, the book emphasizes that justice is not blind because our concept of justice changes over time and is linked to economic power, social values, and moral sensibilities that are neither universal nor apolitical. Highlighting the historical interconnections between religion, race and rights aids our understanding of contemporary socio-legal issues. In the twenty-first century, the economic might of the USA and the west often leads toward a myopic vision of law and a belief in its universal application. This ignores the cultural specificity of western legal concepts, and prevents us from appreciating that, analogous to past colonial periods, in a global political economy Anglo-American law is not always transportable, transferable, or translatable across political landscapes and religious communities. 'Darian-Smith's new book is an example of what is most exciting about new scholarship in the humanities. It works across disciplinary and methodological boundaries in its attempt to deal with one of our most pressing current social problems - determining the consequences of the sometimes violent interaction of race, religion and law in times of social crisis. Darian-Smith explodes the myth of secularism in modern society, and the illusion of post-racialism, in her unblinking analysis of present dilemmas. Once you read this book you will never again think that the western concept of individual rights is sufficient to resolve the contradictions of modern existence. This is a genuinely important step forward in western scholarship' - Stanley Katz, President Emeritus of the American Council of Learned Societies and Professor, Woodrow Wilson School, Princeton University. 'Eve Darian-Smith takes us on an amazing journey covering four centuries that brilliantly illuminates the continuously evolving interplay of law, religion, and race in the Anglo-American experience. This wonderfully readable book is imaginatively organized around a series of eight landmark 'law moments' that ingeniously show how legal rights are always being subtly shaped by culturally prevailing ideas about religion and race, a process that still goes on in our supposedly 21st century secular world that claims to be free of racism' - Richard Falk, Albert G. Milbank Professor of International Law Emeritus, Princeton University. 'In this volume, Eve Darian-Smith offers a passionate, wide-ranging analysis of the complex, historically-vexed relations among religion, race, and rights over the past four plus centuries. The book begins, in 1571, with Martin Luther and ends, at the dawn of the new century, with the discriminatory labor practices of Walmart, the recent crusades of George Bush and his theocons, and the resurgence of religious faith. By way of a well-chosen sequence of 'legal landmarks' - each an historical drama in its own right, each a piece of theater in which judicial processes take center stage - Darian-Smith develops a compelling, complex critique of the law, of its inherent ambiguities, its violence, its possibilities. And its historical entailment in political, economic, social and ethical forces well beyond itself, forces that, repeatedly, have opened up a yawning gap between its ideological (self)representation and the realities of its everyday practice. This is an ambitious work of scholarship, one which, by virtue of brush strokes at once deft and broad, challenges us to understand the legal underpinnings of our world in new ways' - Jon Comaroff, University of Chicago.

A decisive influence on sociological jurisprudence, legal realism and the general development of Anglo-American law in the twentieth century. Rejecting the reigning positivist ethos of the nineteenth century, Holmes proposed that the law was not a science founded on abstract universal principles but a body of practices that responded to particular situations. This functionalist interpretation led to his radical conclusion that law was not discovered, but invented. This theme is announced at the beginning of Lecture I: The life of the law has not been logic: it has been experience. The Common Law was easily the most distinguished book on law by an American published between 1850 and 1900. Lawrence M. Friedman, A History of American Law It is a book of large proportions, from whichever side approached. (...)We cannot close without expressing again our admiration of a book which is so ingenious and so temperate; so rich in learning, thought, argument, and brilliant intuitions. American Law Review Holmes's] brilliant exposition, as effective on English scholarship and legal thinking as on American, of the true nature of law both as a development from the past and an organism of the present, blew fresh air into lawyer's minds encrusted with Blackstone and Kent. Percy Winfield, Chief Sources of English Legal History One of the greatest jurists of the twentieth century, Oliver Wendell Holmes, Jr. 1841-1935] was educated at Harvard College and Harvard Law School. Admitted to the Massachusetts Bar in 1867, he was equally active as a practitioner and scholar. He edited the American Law Review (1870-78), produced an edition of James Kent's Commentaries on American Law (1873) and delivered the lectures that formed the basis of The Common Law. Published in 1881, this book established Holmes's reputation. After teaching briefly at Harvard Law School he was appointed Associate Justice of the Massachusetts Supreme Judicial Court in 1882. Chief Justice of that court from 1899 to 1902, he was then appointed Associate Justice of U.S. Supreme Court, a position he held until the end of his life. Known as The Great Dissenter in the early years of his career because of his frequent opposition to the Court's conservatism, he went on to become of the most influential justices in its history. His opinions are cited frequently today and are highly esteemed for their intellectual depth and elegant composition.

Friedrich Julius Stahl was one of Germany's leading constitutional scholars in the 19th century, prior to the advent of Bismarck and the establishment of a united Germany. The Doctrine of State and the Principles of State Law is the centerpiece of his magnum opus, the Philosophy of Law. This is the first English-language translation of this key work of legal and political philosophy. It is written from a Christian and conservative background, but cognizant of and generous toward the liberal mainstream of constitutional opinion that characterized his day. Historians, legal scholars, and philosophical fellow-travelers all will gain greatly by perusing this magnificent yet forgotten work.

Common law is explored as the alternative to natural rights as a means of restricting state power. The separation of powers is weighed in the balance and found wanting as a brake on state power. The underlying root of this inability is discovered in the philosophy of natural rights. Natural rights gave birth to the separation of powers, but neither the former nor the latter has been able to restrain government. This failure is highlighted in detail, and the alternative means to the same end, the common law, is brought to the fore.

The Common Law is a book about common law in the United states, including torts, property, contracts and crime, written by Supreme Court Justice Oliver Wendell Holmes, Jr. This classic is a must read for anyone wishing to understand American Common Law from an historical perspective. Simply one of the most important books ever written on American Law.

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.

Are you sick and tired of the government interfering with your life? Have you had enough of being railroaded by the system? Have you ever wondered if there really is a way to protect your freedom and your privacy from predatory public servants? Well there is TITLE 4 FLAG SAYS YOU'RE SCHWAG The Sovereign Citizen's Handbook is the ultimate legal self-defense strategy guide If you are looking for the peaceful solution to "the government problem," your quest is complete. If you want to know how to prove your case in court without going to law school, this book will show you how If you are serious and really want to know how to cut "the government" out of your life forever, this book is the essential sovereignty checklist So fire your public pretender and get the latest and greatest version of TITLE 4 FLAG SAYS YOU'RE SCHWAG The Sovereign Citizen's Handbook Dispelling the mystery of law and the legal process. (c)H.I.R.M. J.M. Sovereign: Godsent breaks it down in plain American English, revealing the most coveted secrets of American Law, Litigation, Sovereignty and Personal Privatization "This is the most ground-breaking, easy to understand guide to freedom I have ever read. It's clear, concise, and to the point, and it is no joking matter. This is information that everyone NEEDS to know, right now. You really helped me to understand concepts in different ways, and covered a lot of things that I had overlooked or remained completely unaware of. Excellent research. Thank you for your courage and for sharing your knowledge for the benefit of mankind." - David-William II: Griffin-Author: "The Lucifer Machine" "The book and package is wild and woolly and more engaging and convincing than the overly serious, almost paranoid writings of Abby Hoffman in Steal this Book" - Ron.V. Ph.D. Ret. Director of Special Education Includes special chapter on "Having Ninja Babies" "

Global fresh water scarcity and empirical studies on the bad quality of water in Europe made the Community aware of the need to protect this vital resource. Since water has no frontiers, the Member States decided to endeavour a common approach in its protection. It is the aim of this treatise to show the Community's policy and legislation in water protection, which has been evolving since its origins in the Seventies throughout the last decades. The most ambitious approach which has been undertaken by the Community in this field of law lately, is the Water Framework Directive. Its provisions and its implementation into national law by the Member States (Austria, France) are at the centre of this treatise. Common challenges and the way the Member States deal with them are presented. The common approach results fruitful which is important, since - in the end - a stringent transposition of the existing and future rules set by the Community on behalf of water protection will respond to the claim future generations have on fresh water.