The Literature of the Law brings together examples of the very best in judicial pronouncements over four centuries and two continents.
Assembled into themes, such as life and death deicisions, freedom of speech and the protection of minorities, they form a fascinating summary of the law's interaction with society. The Literature of the Law also paints an intriguing and sometimes humorous picture of the lawyer's life in and out of court, illustrating with examples some of the different styles of advocacy.
The text is stripped of legal references, which might get in the way of the general reader, and is finished with a number of line illustrations of legal London.

When Steve and his partner Wilf set up their legal practice, they aren't expecting the high life - 1980's Rotherham Magistrate's Court is no Old Bailey. But they aren't expecting such weird and wonderful lowlifes, either..."Boozers, Ballcocks & Bailis" the first of legendary criminal lawyer Steve Smith's comic series, in which Steve recounts with gusto their sometimes hilarious, sometimes tragic and sometimes plain bizarre experiences both in and outside the criminal justice system, and the colourful characters they meet along the way. From incurably lacenous but oddly likeable Jack Heptonstall to the Bird Man of Rotherham - not to mention Spider, Pagey and an incontinent chimpanzee - the 'legal James Herriot' takes the reader on a rollercoaster of laughter and tears as he depicts human nature at its best - and worst.

Auch uber zehn Jahre nach dem Inkrafttreten des Prostitutionsgesetzes sind noch nicht alle oeffentlich-rechtlichen Probleme in Zusammenhang mit dem sprichwoertlich altesten Gewerbe der Welt bewaltigt. Die Arbeit nimmt sich dieser Probleme in Hinblick auf diejenigen Prostitutionsformen an, die in baulichen Anlagen stattfinden. Nach einem historischen Abriss sowie einer Definition der Begrifflichkeiten, die der Arbeit zugrundeliegen, wird der Status der prostitutiven Einrichtung und ihrer Mitarbeiter vom Gewerberecht uber das Bau- und Auslanderrecht bis hin zum Sozial- und Steuerrecht dargestellt. Anschliessend werden Beispiele aus dem verwaltungspraktischen Umgang mit dieser Art von Gewerbebetrieb eroertert und die rechtlichen Instrumente fur ihre verwaltungsbehoerdliche Regulation dargestellt.

This collection of essays commissioned by the SPTL (Society of Public Teachers of Law) brings together the views of leading experts in legal education in a debate about the aims and achievements of legal education on the 20th century, and the challenges which legal education faces on the verge of the 21st century. The themes of this collection are important ones for the future of legal education and the legal professions and they are not by any means confined to the interests of English lawyers. The challenges faced by English law are found in many other countries around the world including Australia, the USA, and parts of the European Union. These essays will therefore be of interest to a world-wide audience of legal educators. The questions raised by some of the contributors are also of wider significance in the debate about the role of universities. Law, like medicine, is frequently regarded as a subject worthy of university education merely because graduates are needed to provide the profession with its new recruits. But English law schools have always maintained a distinctively scholarly mission reflecting a wider liberal commitment to education. As the 20th century draws to a close universities face unprecedented pressures and in the teaching of law the battle lines are now drawn between those who favour, on the one hand, a rigorous intellectual approach to the teaching of law and those, on the other hand, who would see law schools reduced to being feeder institutions for the legal profession. It is the importance of the essays in this volume that they eschew either a simple analysis of the problems facing legal education or the solutions, many of them equally simplistic, which abound in the current climate of discussion. By tackling the issues in a historical, comparative and empirical fashion these essays contribute greatly to a better understanding of the ideals which deserve to be praised in any system of legal education.

This collection of essays on legal ethics addresses the subject comparatively, unlike any previous publication in either the UK or the US. Many of the papers originated from rare collaborative empirical research between academic and practising lawyers combining to produce a book that is unique in its concern with the issues that affect all lawyers in common law systems today. These lawyers are naturally apprehensive about the unprecedented investigation, criticism, and attack which they face. They fear for their livelihood and status in the community while sharing the public's sense of unease. Searching for immediate changes that might placate economic deregulators, the press and politicians, is one of the aims of this collection of original essays, many of which are written by people who are, or were, practitioners of law. This is reflected in the types of initiatives which are debated in this volume - to reform adversarial rules of procedure, to introduce mediational alternatives, and to curb systematic biases. The aims of this volume are therefore to reflect some of the key issues, to suggest possible arguments which might lead to solutions, and to provide readers, particularly those involved in practice, with strategies for devising more 'ethical' practices.

Among members of the legal profession and judiciarysional throughout the world, there is a genuine concern with establishing and maintaining high ethical standards. It is not difficult to understand why this should be so. But, in order to ensure that the standards established are the right ones, it is necessary first of all to examine important philosophical and policy issues. Such an examination is the purpose of this book.

Written by a distinguished group of law teachers and practitioners together with senior members of the judiciary, the book has as its underlying themes:

The law in a modern society is an extremely bulky and complex instrument, with a distracting tendency to become less fixed, less rule-oriented, and more discretionary. An institution made by men for the government of men, the law today can all too readily confuse and dismay us. How and why is so much new law made? By what right does a judge order that a man be sent to gaol? Why is so much law so bad, and why should we, the people, accept the laws made by those who claim the right to govern us? In this lucid, stimulating and completely updated survey, which presupposes no specialist knowledge of the subject, P S Atiyah introduces the reader to a number of fundamental issues about the law, the legal profession, and the adjudicative process. This new edition gives greater emphasis to the effect of membership of the European Community on English law, and gives an expanded account of the European convention on Human Rights with its subsequent effects on English law. Atiyah also looks at the recent controversy over the independence of the judiciary, problems arising from the cost of legal services and legal aid, and the many appalling miscarriages of justice which have disfigured the legal system in the past decade.

Are you involved in making decisions in court, a tribunal, or another formal decision-making environment? This book gives guidance in the skills required to reach and deliver well-structured judicial decisions. The authors (all of whom have extensive judicial and quasi-judicial experience) instruct the readers on the skills required at each stage of a hearing, including: - ensuring there is a fair hearing process; - standards and conduct of decision-makers; - successful communication; - taking into account the needs of vulnerable participants and litigants in person; - case management; - assessing evidence; and - the process of reaching and then delivering a well-structured decision. The book includes practical guidance, examples, and short exercises to help the reader engage with the issues discussed and understand the skills required. Buy this book and you will have the confidence you need to make great decisions.

The Solicitors Regulation Authority has made ethical practice a cornerstone of its new Standards and Regulations that come into operation on 25th November 2019. The new light touch regime requires that solicitors take on much greater responsibility for their own actions, acting ethically at all times. Those who fall short of the high professional standards expected, both when acting in a professional capacity and in personal daily life, run the risk of both adverse publicity and regulatory censure. This 2nd edition* of this unique book explains what ethical legal practice means in daily life and how that fits with the new SRA regime. It is not a strict law book. Instead it uses a wealth of real world examples, hypothetical scenarios and illustrations to ground the SRA requirements firmly within the tricky situations legal practitioners encounter every day. This new edition is also enhanced with a new chapter on the ethics of using lawtech in your practice, a minefield especially when using 'AI' to help decision-making. In doing so it not only helps you minimise the risks of an investigation (or worse) but also helps you become a more confident practitioner when faced with potential ethical traps. Written in a straightforward approachable style, with colourful diagrams and flowcharts to illustrate the key messages, it also covers the evolving use of social media, legal technology and ADR. All this makes the book essential reading for solicitors, trainees, law firm staff and law students everywhere and at every level of seniority.

Kirchliche Hochschulen unterliegen als Bildungseinrichtungen in nicht-staatlicher Tragerschaft sowohl kirchlichen als auch staatlichen Regelungen. Auch fur theologische Fakultaten an staatlichen Hochschulen sind neben den staatlichen auch kirchliche Regelwerke einschlagig. Der Band erlautert in zwei Beitragen Begriff und Wesen der kirchlichen, vor allem der katholischen Hochschulen und ordnet sie in das staatliche sowie kirchliche Normengeflecht ein. Dabei befasst sich Rufner mit dem Verhaltnis der kirchlichen Hochschulen zum staatlichen Hochschulrecht, wahrend der Schwerpunkt des Beitrags von Rhode auf dem kirchlichen Recht, hier dem Recht der katholischen Kirche, liegt. Grundlage der Beitrage sind die Referate der Autoren, die sie im Rahmen eines Symposions zu Ehren des renommierten Kirchenrechtlers und langjahrigen Herausgebers der Entscheidungssammlung "KirchE" Prof. Dr. Manfred Baldus, Vorsitzender Richter am Landgericht a.D., im Marz 2010 gehalten haben.

Why should the law care about enforcing contracts? We tend to think of a contract as the legal embodiment of a moral obligation to keep a promise. When two parties enter into a transaction, they are obligated as moral beings to play out the transaction in the way that both parties expect. But this overlooks a broader understanding of the moral possibilities of the market. Just as Shakespeare's Shylock can stand on his contract with Antonio not because Antonio is bound by honor but because the enforcement of contracts is seen as important to maintaining a kind of social arrangement, today's contracts serve a fundamental role in the functioning of society. With The Dignity of Commerce, Nathan B. Oman argues persuasively that well-functioning markets are morally desirable in and of themselves and thus a fit object of protection through contract law. Markets, Oman shows, are about more than simple economic efficiency. To do business with others, we must demonstrate understanding of and satisfy their needs. This ability to see the world from another's point of view inculcates key virtues that support a liberal society. Markets also provide a context in which people can peacefully cooperate in the absence of political, religious, or ideological agreement. Finally, the material prosperity generated by commerce has an ameliorative effect on a host of social ills, from racial discrimination to environmental destruction. The first book to place the moral status of the market at the center of the justification for contract law, The Dignity of Commerce is sure to elicit serious discussion about this central area of legal studies.

Wertheimer attempts to move beyond previous theories of coercion by conducting a fairly extensive survey of the way in which cases involving coercion have been treated by American courts. This impressive project occupies the first half of the book, where he makes a convincing case that there is a fairly unified 'theory of coercion' at work in adjudication, past and present. This legal theory, however, is not entirely adequate for the purposes of social and political philosophy, and the last half of the book develops Wertheimer's more comprehensive philosophical theory. Originally published in 1988. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

The Neuroethics of Memory is a thematically integrated analysis and discussion of neuroethical questions about memory capacity and content, as well as interventions to alter it. These include: how does memory function enable agency, and how does memory dysfunction disable it? To what extent is identity based on our capacity to accurately recall the past? Could a person who becomes aware during surgery be harmed if they have no memory of the experience? How do we weigh the benefits and risks of brain implants designed to enhance, weaken or erase memory? Can a person be responsible for an action if they do not recall it? Would a victim of an assault have an obligation to retain a memory of this act, or the right to erase it? This book uses a framework informed by neuroscience, psychology, and philosophy combined with actual and hypothetical cases to examine these and related questions.

A critical history of the Americanization of legal education in fourteen countries The second half of the twentieth century witnessed the export of American power-both hard and soft-throughout the world. What role did US cultural and economic imperialism play in legal education? American Legal Education Abroad offers an unprecedented and surprising picture of the history of legal education in fourteen countries beyond the United States. Each study in this book represents a critical history of the Americanization of legal education, reexamining prevailing narratives of exportation, transplantation, and imperialism. Collectively, these studies challenge the conventional wisdom that American ideas and practices have dominated globally. Editors Susan Bartie and David Sandomierski and their contributors suggest that to understand legal education and to respond thoughtfully to the mounting present-day challenges, it is essential to look beyond a particular region and consider not only the ideas behind legal education but also the broader historical, political, and cultural factors that have shaped them. American Legal Education Abroad begins with an important foundational history by leading Harvard Law School historian Bruce Kimball, who explains the factors that created a transportable American legal model, and the book concludes with reflections from two prominent American law professors, Susan Carle and Bob Gordon, whose observations on recent disruptions within US law schools suggest that their influence within the global order of legal education may soon fall into further decline. This book should be considered an invaluable resource for anyone in the field of 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.

The last ten years have been a period of extraordinary change for law firms. The rapid growth of corporate law firms and the emergence of global mega-firms have strained the traditional partnership model of management. Some managers of law firms are appalled at the creeping 'corporatism' that they fear may result. However a growing number believe that it is time to move on and adopt more contemporary forms of structure and management.
In Managing the Modern Law Firm scholars and legal practitioners examine the latest insights from management research, to enable law firms successfully to meet the challenges of this new business environment.

This book examines access to justice in summary criminal proceedings by considering the ability of defendants to play an active and effective role in the process. ‘Access to justice’ refers not just to the availability of legally aided representation, but also to the ability of defendants to understand and effectively participate in summary criminal proceedings more generally. It remains a vital principle of justice that justice should not only be done, but should also be seen to be done by all participants in the process. The book is based on socio-legal research. The study is ethnographic, based on observation conducted in four magistrates’ courts in South East England and interviews with both defence lawyers and Crown prosecutors. Setting out an argument that defendants have always been marginalised through particular features of magistrates’ court proceedings (such as courtroom layout and patterns of behaviour among the professional workgroups in court), the political climate in relation to defendants and access to justice that has persisted since 2010 has further undermined the ability of defendants to play an active role in the process. Ultimately, this book argues that recent governments have demanded ever more efficiency and cost saving in criminal justice. In that context, principles that contribute to access to justice for defendants have been seriously undermined.

Debate about the separation of law and morality has ancient roots and is still vigorously discussed today. Mostly, the debate has been conducted as a technical problem in jurisprudence or legal philosophy. As a technical, philosophical problem, the arguments are rigorous and tend to be narrow. Creon's Ghost enters the debate from a different angle by discussing the general responses to the problem by pairing stories from the humanities with various contemporary jurisprudential accounts. For example, Chapter 1 pairs Antigone with H. L. A. Hart to illuminate the legal positivist position on how law should be considered separate and apart from morality. Antigone, from which play is taken the text's principal interlocutor-Creon-Tomain develops his themes through the history of the humanities, all the while offering significant connections within the realm of legal scholarship. The major "schools" of jurisprudence are treated at some length-legal positivism, natural law theory, legal realism, legal pragmatism, critical legal studies, et al. The author also presents arguments on why and how law is and should be connected with morality, presenting concepts from Plato's Republic together with Ronald Dworkin to illustrate the claim that law has and should have a moral unity. Creon's Ghost demonstrates that the humanities can both illuminate our understanding of legal discussions and that they can be read alongside jurisprudential texts, thus enriching our understanding of and appreciation for both the humanities and the law.