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Historical Foundations of Australian Law - Volume I - Institutions, Concepts and Personalities (Hardcover)
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Historical Foundations of Australian Law - Volume I - Institutions, Concepts and Personalities (Hardcover)
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The history underlying and informing the Australian legal system is
a uniquely interesting amalgam of English, American and local
developments. It is often poorly understood - not least because
there are no modern counterparts to this volume and its companion
on commercial law. But, as Holmes long ago pointed out, in order to
know what the law is we must first know what it has been. This
volume not only discharges that function, informing its readers
clearly and lucidly, but it also demonstrates how Australian legal
history may be examined from a range of perspectives, leading to a
deeper and richer understanding. This first volume of 15 essays, by
distinguished judges and practitioners, sets the very highest
standards of analysis and scholarship. There are incisive
assessments of key figures such as Sir Owen Dixon and Justice
Joseph Story (by Justices Hayne and Allsop respectively), and of
key developments such as the establishment of an Australian land
law, the reception of the common law, the growth to nationhood, the
changing role of precedent, and the separation of powers. There are
essays on the very early influences on Australian law from the
leading early texts (Glanvill and Bracton), from early English
statutes and from Roman law. There are essays on the growth of
equity, and even a modern dialogue (in accordance with an ancient
tradition) on the Judicature legislation. And there are accounts of
legal procedure, which is ultimately the source of much substantive
law, and of the jurisprudential figures who have sought to analyse
law. The introductory essay by Justin Gleeson and James Watson
provides an overview of the volume, as well as being a powerful
argument for why an understanding of legal history is not optional
but essential. Three of the authors have been appointed to judicial
office since preparing these essays, and another has been made
Solicitor-General of Australia. All have made distinguished
contributions, and their essays will bear reading and re-reading,
for all Australian lawyers looking for a deep understanding of how
the Australian legal system operates.
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