This humorous collection of stories from life at the Bar and on the Bench in the Cape takes a look back at four decades, starting at the end of World War Two and finishing with the arrival of democracy in South Africa.

These tales and recollections, mostly from Bar members now in their 80s, show what an extraordinary time it was for lawyers. Also, remarkably, how much is of relevance to lawyers practising today.

The anecdotes and reminiscences of members of the Bar during this period were collected and edited by Mr Justice Gerald Friedman and Jeremy Gauntlett SC.

A leading expert on the administrative state describes the past, present, and future of the immensely consequential-and equally controversial-legal doctrine that has come to define how Congress's laws are applied by the executive branch. The Constitution makes Congress the principal federal lawmaker. But for a variety of reasons, including partisan gridlock, Congress increasingly fails to keep up with the challenges facing our society. Power has inevitably shifted to the executive branch agencies that interpret laws already on the books and to the courts that review the agencies' interpretations. Since the Supreme Court's 1984 decision in Chevron v. Natural Resources Defense Council, this judicial review has been highly deferential: courts must uphold agency interpretations of unclear laws as long as these interpretations are "reasonable." But the Chevron doctrine faces backlash from constitutional scholars and, now, from Supreme Court justices who insist that courts, not administrative agencies, have the authority to say what the law is. Critics of the administrative state also charge that Chevron deference enables unaccountable bureaucratic power. Thomas Merrill reviews the history and immense consequences of the Chevron doctrine and suggests a way forward. Recognizing that Congress cannot help relying on agencies to carry out laws, Merrill rejects the notion of discarding the administrative state. Instead, he focuses on what should be the proper relationship between agencies and courts in interpreting laws, given the strengths and weaknesses of these institutions. Courts are better at enforcing the rule of law and constitutional values; agencies have more policy expertise and receive more public input. And, unlike courts, agencies are subject to at least some political discipline. The best solution, Merrill suggests, is not of the either-or variety. Neither executive agencies nor courts alone should pick up the slack of our increasingly ineffectual legislature.

This edited collection offers multi-disciplinary reflections and analysis on a variety of themes centred on nineteenth century executions in the UK, many specifically related to the fundamental change in capital punishment culture as the execution moved from the public arena to behind the prison wall. By examining a period of dramatic change in punishment practice, this collection of essays provides a fresh historical perspective on nineteenth century execution culture, with a focus on Scotland, Wales and the regions of England. From Public Spectacle to Hidden Ritual has two parts. Part 1 addresses the criminal body and the witnessing of executions in the nineteenth century, including studies of the execution crowd and executioners' memoirs, as well as reflections on the experience of narratives around capital punishment in museums in the present day. Part 2 explores the treatment of the execution experience in the print media, from the nineteenth and into the twentieth century. The collection draws together contributions from the fields of Heritage and Museum Studies, History, Law, Legal History and Literary Studies, to shed new light on execution culture in nineteenth century Britain. This volume will be of interest to students and academics in the fields of criminology, heritage and museum studies, history, law, legal history, medical humanities and socio-legal studies.

Case studies illuminate the lives of activists, advocates and aggressors, helping to bring the history to life, and focusing on Black voices who played a significant role in abolishing slavery and were prominent in political struggles, but have been written out of the narrative. In conjunction with both the National Justice Museum and National Archives, the author is going to be using digital storytelling to explore, interpret, and narrate insights relating to the book (video-narratives, digital media, recorded voice/audio, still and moving images/video clips, music etc). The proposed book offers something that currently does not exist on the academic book market and as such could be a classic text across, and connecting, criminology, history and sociology. It adds to a more complete picture of British social history. It promises to fill invisible stories and contexts around black lives and their representation in histories of crime and punishment connected to Britain. In doing so the proposal is answering a call made by serious scholars of black British history and criminology like Coretta Phillips, Paul Gilroy, Biko Agozino and David Olusoga. This book is unique in that it fits in multiple subject areas. It fills a space in criminology and also fits the fields of historical and political sociology. It will also have relevance for the field of Caribbean Studies, Law, Critical Race Studies and Black Studies. The subject matter of this book links to any nation and region connected and touched by British Colonialism and Slavery, including North America (USA and Canada), the Anglo Caribbean, Africa and other regions where there are ex British colonies. The book offers a reckoning with the problematic history of the disciplines of Criminology and History and ties into a feeling of the times for this revisiting the past to better reflect issues of race and racism. The gathering urgency around all questions of race, racism and criminal justice will help to propel the book's appeal beyond criminology and conventional academic audiences. It can find an audience/readership in museums, among museum visitors, museum studies and archivists, social movement activists, campaigners and criminal justice reform organisations. This book could become an important resource across the HE sector, but particularly within criminology and history, and in efforts to de-colonise the curriculum. The growth of interest in, and influence of, African scholars will extend the reach and appeal of the book.

This title, first published in 1979, was ground-breaking in its exploration of the understudied area of the Tudor law of treason. Bellamy first examines the scope of that law, noting the inheritance from the Middle Ages, the effectiveness of the new statutes and interpretation of the law by the judiciary. Mining the archives for official, legal and literary accounts, the following parts consider how the government came to hear of traitors, the use of evidence and witnesses in trials and finally the fate of the traitor at the gallows and beyond. This is a full, useful and interesting title, which will be of great value to students researching Tudor and late medieval statute law, the Tudor concept of treason and the mores of Tudor society.

By the latter half of the seventeenth century, the practice of drawing up a will had become commonplace, and people were increasingly encouraged to set down their final wishes in a 'last will and testament'. Although intended to clarify ownership, these documents often provoked conflict amongst those who had survived the testator. As John Addy shows in this study, first published in 1992, where there was a will, there were relatives. Drawing on a large corpus of contemporary evidence, this survey analyses numerous cases of the family disputes that arose from wills, to form a picture of the attitudes and priorities possessed by those who contested them. This was one of the first studies to use contested-will material, and remains of great value to students of early modern history, sociology and genealogy, as well as general readers with an interest in local history.

This title, first published in 1989, was one of the first to directly address the legal dimension of bastard feudalism. John Bellamy explores the role and vulnerability of local officials and juries, the nature of the endemic land wars and the interference in the justice system by those at the top of the social chain. What emerges is a focus on the role of land in disputes, the importance of royal favour and political advantage and the attempt to suppress disruption. This is an interesting title, which will be of particular value to students researching the nature of late medieval and early Tudor feudalism, royal patronage and legal procedure.

Drawing from an interdisciplinary body of research and data, Women of Piracy employs a criminological lens to explore how women have been involved in, and impacted by, maritime piracy operations from the 16th century to present day piracy off the coast of Somalia. The book challenges and resists popular understandings of women as peripheral to the criminal enterprise of piracy by presenting and analyzing their roles and experiences as victims, perpetrators, and criminal justice actors, showing that women have been, and continue to be, central figures in maritime piracy. Unfolding in three parts, part one sets the context by providing readers with a history of the masculinization of the sea. Part two focuses on the gendered division of labor in piracy operations, discussing how and why the roles and responsibilities associated with this gendered labor have emerged, persisted, evolved, and/or ceased over time, as well as considering which roles and responsibilities appear to be context-specific and which seem to transgress geographical locations. Part three explores how women have (or have not) been brought to justice for their participation in crimes of piracy as well as the roles of women in efforts to combat piracy. The overarching objective is to ignite a broader discussion about the various cultural, social, historical, and economic forces that create opportunities for women to participate in maritime piracy and counter-piracy, why women continue to be invisible figures of piracy, and what implications this has for how we study, police, and bring pirates to justice. The first criminologically-grounded, global study exploring the continuity and evolution of women in maritime piracy, this book will be of great interest to students and scholars of criminology, gender, feminist studies, international relations, anthropology, history, and political geography. It will also be useful to maritime and law enforcement professionals.

This book examines the view of women held by medieval common lawyers and legislators, and considers medieval women's treatment by and participation in the processes of the common law. Surveying a wide range of points of contact between women and the common law, from their appearance (or not) in statutes, through their participation (or not) as witnesses, to their treatment as complainants or defendants, it argues for closer consideration of women within the standard narratives of classical legal history, and for re-examination of some previous conclusions on the relationship between women and the common law. It will appeal to scholars and students of medieval history, as well as those interested in legal history, gender studies and the history of women.

Since the beginnings of the oil industry, production activity has been governed by the 'law of capture,' dictating that one owns the oil recovered from one's property even if it has migrated from under neighboring land. This 'finders keepers' principle has been excoriated by foreign critics as a 'law of the jungle' and identified by American commentators as the root cause of the enormous waste of oil and gas resulting from US production methods in the first half of the twentieth century. Yet while in almost every other country the law of capture is today of marginal significance, it continues in full vigour in the United States, with potentially wasteful results. In this richly documented account, Terence Daintith adopts a historical and comparative perspective to show how legal rules, technical knowledge (or the lack of it) and political ideas combined to shape attitudes and behavior in the business of oil production, leading to the original adoption of the law of capture, its consolidation in the United States, and its marginalization elsewhere.

1. While we publish several books on the history of crime and criminal justice, this is the first book to set the agenda for an historically informed criminology. 2. This book has a dual market across criminology and history. 3. This book will be key reading for courses on the history of crime and criminal justice, and theories and concepts in criminology.

Written for students and based on over 15 years' worth of teaching, this book provides students with both a very accessible introduction to crime and punishment in early modern England and the necessary tools to encourage discussion and debate about some of the key sources from the period. An updated bibliography to include historiography from the last six years provides students with an entry point into further reading and knowledge for essays and seminars on popular courses on crime and justice in Tudor and Stuart England. The introduction has been revised and questions have been added to encourage more discussion about the sources and help students question the sources' historical context and decisions made by authors; this is perfect for students with little experience of primary sources from this period.

This groundbreaking book examines the changing Chinese legal system since 1978. In addition to historical analyses of changes at the economic, political-legal, and social levels, Liang gives special attention to crime and punishment functions of the legal system, and the current judicial system based on field research, i.e., court observations in both Beijing and Chengdu. The court system has been in a process of systemization, both internally and externally, seeking more power and relative independence. However, traditional influences, such as preference of mediation (over litigation) and substantive justice (over procedural justice), and lack of respect (from the masses) and guaranteed power (from the political structure), still have major impacts on the building and operation of the judicial system. Liang also shrewdly places the Chinese legal and political reform within the global system. This book, which reshapes our understanding of the economic, political, and essentially legal changes in China within the global context, will be crucial reading for scholars of Asia, law, criminal justice, and sociology.

A renowned constitutional scholar and a rising star provide a balanced and definitive analysis of the origins and original meaning of the Fourteenth Amendment. Adopted in 1868, the Fourteenth Amendment profoundly changed the Constitution, giving the federal judiciary and Congress new powers to protect the fundamental rights of individuals from being violated by the states. Yet, according to Randy Barnett and Evan Bernick, the Supreme Court has long misunderstood or ignored the original meaning of the amendment's key clauses, covering the privileges and immunities of citizenship, due process of law, and the equal protection of the laws. Barnett and Bernick contend that the Fourteenth Amendment was the culmination of decades of debates about the meaning of the antebellum Constitution. Antislavery advocates advanced arguments informed by natural rights, the Declaration of Independence, and the common law. They also utilized what is today called public-meaning originalism. Although their arguments lost in the courts, the Republican Party was formed to advance an antislavery political agenda, eventually bringing about abolition. Then, when abolition alone proved insufficient to thwart Southern repression and provide for civil equality, the Fourteenth Amendment was enacted. It went beyond abolition to enshrine in the Constitution the concept of Republican citizenship and granted Congress power to protect fundamental rights and ensure equality before the law. Finally, Congress used its powers to pass Reconstruction-era civil rights laws that tell us much about the original scope of the amendment. With evenhanded attention to primary sources, The Original Meaning of the Fourteenth Amendment shows how the principles of the Declaration eventually came to modify the Constitution and proposes workable doctrines for implementing the key provisions of Section 1 of the Fourteenth Amendment.

The focus of this collection of articles by Donald J. Kagay is the effect of the expansion of royal government on the societies of the medieval Crown of Aragon. He shows how the extensive episodes of warfare during the 13th and 14th centuries served as a catalyst for the extension of the king's law and government across the varied topography and political landscape of eastern Spain. In the long conflicts against Spanish Islam and neighbouring Christian states, the relationships of royal to customary law, of monarchical to aristocratic power, and of Christian to Jewish and Muslim populations, all became issues that marked the transition of the medieval Crown of Aragon to the early modern states of Catalonia, Aragon and Valencia, and finally to the modern Spanish nation.

This book is a study of the beginnings of law and the 'primitive' stages of its development, from the first rudimentary rules of conduct to the codes of the legal systems. Its scope extends to both cultures and legal systems from the ancient and medieval past: those of the Babylonians and Assyrians, Hittites, Hebrews, Romans, Hindus, English and other German peoples, and those of Africa, Australia and America. Correlating early economic and legal development, the book illustrates how laws change with the development of material culture. Originally published in 1971.

SHORTLISTED FOR THE BLOODY SCOTLAND DEBUT PRIZE 2022 SHORTLISTED FOR THE HISTORICAL WRITERS' ASSOCIATION DEBUT CROWN 2022 Glasgow, 1817: Jean Campbell - a young, Deaf woman - is witnessed throwing a child into the River Clyde from the Old Bridge. If found guilty she faces one of two fates; death by hanging or incarceration in an asylum. But Jean's deafness leaves her isolated and unable to defend herself, until the authorities call in Robert Kinniburgh, a talented teacher from the Deaf & Dumb Institution. Through a difficult process of trial and error, Robert and Jean manage to find a rudimentary way of communicating with each other. As Jean grows to trust Robert, she reveals what really happened on that bridge over the river Clyde. And Robert, now embroiled in this dark case, must act quickly to ensure justice is served, before it is too late. 'Based on a case from Scottish legal history, Smith's novel skilfully combines crime fiction with a woman's struggle to speak the truth' The Times 'Fascinating' Sally Magnusson

By 1838, over two thousand Americans had been killed and many hundreds injured by exploding steam engines on steamboats. After calls for a solution in two State of the Union addresses, a Senate Select Committee met to consider an investigative report from the Franklin Institute of Philadelphia, the first federally funded investigation into a technical.

This book presents a comprehensive history of law and religion in the Nordic context. The entwinement of law and religion in Scandinavia encompasses an unusual history, not widely known yet important for its impact on contemporary political and international relations in the region. The volume provides a holistic picture from the first written legal sources of the twelfth century to the law of the present secular welfare states. It recounts this history through biographical case studies. Taking the point of view of major influential figures in church, politics, university, and law, it thus presents the principal actors who served as catalysts in ecclesiastical and secular law through the centuries. This refreshing approach to legal history contributes to a new trend in historiography, particularly articulated by a younger generation of experienced Nordic scholars whose work is featured prominently in this volume. The collection will be a valuable resource for academics and researchers working in the areas of Legal History and Law and Religion.

'Chris is a powerful force for good in the national debate on criminal justice.' -The Secret Barrister 'Extraordinary' - Krishnan Guru-Murthy Updated with a new afterword on law and the global pandemic. Chris Daw QC has been practising criminal law for over 25 years, navigating Britain's fractured justice system from within. He has looked into the eyes of murderers, acted for notorious criminals, and listened to the tangled tales woven by fraudsters, money launderers and drug barons. Yet his work takes place at the heart of a system at breaking point - one which is failing perpetrators, victims and society - and now he is convinced that something must change. Drawing on case histories and global reporting, and published with a new afterword on law in the global pandemic, Justice on Trial presents a radical set of solutions for crime and punishment. By turns shocking, moving and pragmatic, Daw's account offers rare inside access to a system in crisis and a roadmap to a future beyond the binary of good and evil.

'The rule of law and property rights were the ''secret weapons'' that made Western Europe and its offshoots in North America and Oceania democratic and prosperous. How did this European legal system come to be? To answer this question, Bart Wauters and Marco de Benito offer us a fresh overview of the history of law in Europe, dealing with both civil and common law, from Roman times through to its codification. This book is a stimulating, lucid, and imaginative read.' - Jesus Fernandez-Villaverde, University of Pennsylvania, US Comprehensive and accessible, this book offers a concise synthesis of the evolution of the law in Western Europe, from ancient Rome to the beginning of the twentieth century. It situates law in the wider framework of Europe's political, economic, social and cultural developments. Offering a readily graspable and sound structure, chapters are organized according to the civil law systems and common law systems. Each chapter is built around the evolution of the four sources of the law: legal science, legislation, courts and customary law, set chronologically against the relevant historical context. Throughout this in-depth presentation of the key determinants in European legal history, Bart Wauters and Marco de Benito allow readers to understand how the law arose and evolved in Europe as a shared language, of which its different national laws are but dialectal expressions - with the unique exception, perhaps, of English common law, whose peculiarity is likewise due to accidents of history which are themselves explored. With its elegant comparative approach, this book will appeal to European Law students and scholars looking for a concise, yet academically sound, account of the history of law in Europe.

What role should the police have in an industrial dispute? How were they led into a partisan role in assisting the defeat of the 1984-5 miners' strike? Widespread concern over police road-blocks, allegations of police and picket violence, and the huge numbers of police used to maintain order and access to work led the National Council for Civil Liberties to set up an inquiry into the policing. The Inquiry Panel produced an interim report - but the NCCL disowned it, because of its acknowledgement of the rights of working miners as well as striking ones. The members of the Panel - who included former Chief Constable John Alderson and NCCL General Secretary Larry Gostin - then resigned, but continued work as a group of private individuals. Originally published in 1988, this book is their final report. The report describes the policing of the strike in detail from a range of published, unpublished, and eyewitness sources. The strike is set in the context of developments in law and policing before and since. The authors are able to provide a unique and authoritative perspective, analysing both the events of 1984-5 and the longer-term trends and problems, based on a clear recognition of the basic issues and conflicts of civil liberties involved. In their conclusions and recommendations the authors present an informed view of the use of the police during the strike, the breakdown of the system of police accountability, and the policies developed since the strike. Their findings point to the need for a Bill of Rights to cover civil liberties during industrial conflict, and the need for a new picketing Code of Practice. The Police, Public Order, and Civil Liberties will be essential reading for all concerned with the police, industrial relations, and the political and constitutional system. It will also be of value to all who need a clear and unbiased view of one of the key events in British post-war history.

Originally published in 1995, Social Changes, Crime and the Police studies the relationship of social change and crime, the role of the police amidst changing social conditions, and the reaction of society and the state to the criminal problem. It examines the essential differences and challenges which confronted countries in Western and Eastern Europe after the collapse of the socialist system. In recent years, many areas of Europe had experienced a period of rapid technological development which had changed economic and cultural structures, creating temporary instability. Within a relatively short period of time traditional values and beliefs had been undermined. National boundaries and geographical differences had gradually lost their significance and the opening of frontiers had created easier conditions for crime. The nature of crime itself had been transformed by the increasingly close relationships between countries. While many Eastern European countries sought to undo the authoritarian legacies of the socialist period, Western Europe faced new challenges to its urban order. The editors and the contributors also examine the kinds of new policing concepts which may be formulated and the new practices which may develop during the next few decades. Governments must determine the role of the police and the law in accordance with public demands for powerful policing combined with consideration of the individual’s rights, thus maintaining the vital balance between personal freedom and social peace.

The 1911 Copyright Act, often termed the 'Imperial Copyright Act', changed the jurisprudential landscape in respect of copyright law, not only in the United Kingdom but also within the then Empire. This book offers a bird's eye perspective of why and how the first global copyright law launched a new order, often termed the 'common law copyright system'.This carefully researched and reflective work draws upon some of the best scholarship from Australia, Canada, India, Israel, Jamaica, New Zealand, Singapore, South Africa and United Kingdom. The authors - academics and practitioners alike - situate the Imperial Copyright Act 1911 within their national laws, both historically and legally. In doing so, the book queries the extent to which the ethos and legacy of the 1911 Copyright Act remains within indigenous laws. A Shifting Empire offers a unique global, historical view of copyright development and will be a valuable resource for policymakers, academic scholars and members of international copyright associations. Contributors include: T.G. Agitha, M.D. Birnhack, D. Daley, Y. Gendreau, N.S. Gopalakrishnan, N.-L.W. Loon, G. McLay, S. Ricketson, U. Suthersanen