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The Cambridge Yearbook of European Legal Studies provides a forum
for the scrutiny of significant issues in European Union Law, the
Law of the Council of Europe, and Comparative Law with a "European"
dimension, and particularly those which have come to the fore
during the year preceding publication. The contributions appearing
in the collection are commissioned by the Centre for European Legal
Studies (CELS) Cambridge, which is the research Centre of Cambridge
University Law Faculty specialising in European legal issues. The
papers presented are all at the cutting edge of the fields which
they address, and reflect the views of recognised experts drawn
from the University world, legal practice, and the civil services
of both the EU and its Member States. Inclusion of the comparative
dimension brings a fresh perspective to the study of European law,
and highlights the effects of globalisation of the law more
generally, and the resulting cross fertilisation of norms and ideas
that has occurred among previously sovereign and separate legal
orders. The Cambridge Yearbook of European Legal Studies is an
invaluable resource for those wishing to keep pace with legal
developments in the fast moving world of European integration.
INDIVIDUAL CHAPTERS Please click on the link below to purchase
individual chapters from Volume 3 through Ingenta Connect:
www.ingentaconnect.com SUBSCRIPTION TO SERIES To place an annual
online subscription or a print standing order through Hart
Publishing please click on the link below. Please note that any
customers who have a standing order for the printed volumes will
now be entitled to free online access.
www.hartjournals.co.uk/cyels/subs Editorial Advisory Board: Philip
Allott, Tony Arnull, Catherine Barnard, Dan Goyder CBE, Rosa
Greaves, Bob Hepple, Lord Lester of Herne-Hill QC, David O'Keeffe,
Stephanie Palmer, David Vaughan QC, David Williams Q.C., D.A.Wyatt
Q.C. Founding Editors: Alan Dashwood and Angela Ward
First published in 1940, R. M. Jackson's Machinery of Justice in
England has long been established as the classic text on the
subject, unparalleled in its lucidity, breadth of treatment and
critical engagement with the issues involved. For this edition, J.
R. Spencer has undertaken a further full-scale revision,
incorporating such major topical innovations as the Police and
Criminal Evidence Act of 1984 and the Prosecution of Offences Act,
1985.
A. GENERAL REMARKS During the last century, probabilistic methods
for design and analysis of engineering systems have assumed a
prominent place as an engineering tool. No longer do engineers
naively believe that all problems can be analyzed with
deterministic methods; but rather, it has been recognized that, due
to unc- tainties in the model and the excitation, it may only be
possible to describe the state of a system in terms of some random
measure. Thus, with the need to address safety and design issues
adequately and simultaneously to minimize the cost of a system,
much attention has been given to the development of probabilistic
criteria which can be applied in a systematic manner [l]t. These
techniques allow for uncertainties in the parameters of the model
as well as for uncertainties in both the static and dynamic
loadings to be considered and therefore give a better measure of
the reliability of a system. Widespread application of
probabilistic methods can be found in disciplines ranging from
civil, mechanical and electrical engineering to biology, economics
and political science.
The Criminal Justice Act 2003 re-wrote the hearsay evidence rule
for the purpose of criminal proceedings, enacting the
recommendations of the Law Commission together with some proposals
from the Auld Review. In 2008, Professor Spencer wrote a book
explaining the new law, intended for practitioners as well as
academics. Following the style of his earlier book about the new
law on bad character evidence, the core of the hearsay book was a
section-by-section commentary on the relevant provisions of the
Act, discussing the case law that had interpreted them. Since the
appearance of the first edition, the new law on hearsay evidence
has been the subject of a spectacular exchange between the UK
Supreme Court and the European Court of Human Rights, the effects
of which the Court of Appeal has interpreted in several leading
cases. In this new edition, the commentary is revised to take
account of these developments. As in the first edition, the
commentary is preceded by chapters on the history of the hearsay
rule, and the requirements of Article 6(3)(d) of the European
Convention on Human Rights. It is followed by an appendix
containing the text of the statutory provisions and a selection of
the leading cases.
In depression torn America two very different men, each running
from their own personal demons, are thrown together on an epic
cross country journey. From squatters' camp to five star hotel,
from brothels to speakeasies follow Jack and Daniel as they
struggle to accept their own sexuality and strong need for each
other. Readers will immediately time-travel back to an exotic
historical epoch. What awaits them is a literary experience filled
with drama, romance, and adventure.
In 2009 in the UK, Stephen Barker was convicted of rape on the
evidence of a little girl who was four and a half years old at the
time of Barker's trial, and about three and a half when she was
first interviewed by the police. The high point of the proceedings
was the child's appearance as a live witness in order for Barker's
counsel to attempt a cross-examination. This case focused attention
on the need - as imposed by current English law - for even tiny
children to come to court for a live cross-examination. In 1989,
the Pigot Committee proposed a scheme under which the whole of a
young child's evidence - cross-examination and all - would be
obtained out of court and in advance of trial. In 1999, a provision
designed to give effect to this was included in the Youth Justice
and Criminal Evidence Act, but it has not yet been brought into
force. The full Pigot proposal was implemented, however, in Western
Australia, and similar schemes now operate in a number of European
jurisdictions. This book of essays examines a number of these
schemes, and argues the case for further reforms in the UK. It will
be an important study for both academics and practitioners
interested in the criminal justice system, and it will also appeal
to those interested in the role of children in court more
generally.
'... undoubtedly a first-rate companion for any undergraduate or
post-graduate law course.' John Taggart, Criminal Law Review This
outstanding account of modern English criminal law combines
detailed exposition and analysis of the law with a careful
exploration of its theoretical underpinnings. Primarily, it is
written for undergraduate students of criminal law, covering all
subjects taught at undergraduate level. The book's philosophical
approach ensures students have a deeper understanding of the law
that goes beyond a purely doctrinal knowledge As a result, over its
numerous editions, it has become required reading for many criminal
law courses. The 8th edition covers all statutory law including the
Assaults on Emergency Workers Act 2018 and Domestic Abuse Act, s
71. Case law discussions now cover: Grant (complicity); Barton
(dishonesty); Broughton, Field, Kuddus, and Rebelo (homicide) and
AG's Ref (No 1 of 2020) (sexual offences).
John Spencer has worked at Cambridge University for over 40 years.
He has lectured, supervised - and entertained - students in tort,
contract, crime, medical law and criminal procedure and evidence.
This book is a tribute to Professor Spencer, but it is different
from the usual tribute in that it contains case notes written and
selected by the author himself and all published in the Cambridge
Law Journal (CLJ) between 1970 and 2013. With the exception of one
note, which is somewhat longer, the articles are taken from the
case note section of the CLJ which, until fairly recently, imposed
a strict word limit of 1000 words and no more (the complexity of
the cases and the prolixity of the judges led to the CLJ relaxing
this rule to 1500 words). The case notes reproduced here provide a
master-class in the writing of incisive, engaging notes. Written
with students in mind but also intended for the consumption and
edification of a wider audience, these case notes epitomise the way
in which Professor Spencer has, for 43 years, cajoled, lambasted
and encouraged the judiciary to see things his way.
What responsibilities, if any, do we have towards our genetic
offspring, before or after birth and perhaps even before creation,
merely by virtue of the genetic link? What claims, if any, arise
from the mere genetic parental relation? Should society through its
legal arrangements allow 'fatherless' or 'motherless' children to
be born, as the current law on medically assisted reproduction
involving gamete donation in some legal systems does? Does the
possibility of establishing genetic parentage with practical
certainty necessitate reform of current legal regimes of
parenthood? And what limits, if any, should we set on parental
procreative choices in the interests of future children,
particularly with regard to genetic engineering and related
techniques? These are the questions explored in this book by some
of the foremost legal, bioethical and biomedical thinkers.
Assembled with a view to assisting the reader to reflect critically
on the ongoing social experiment which medically assisted
reproduction is today, the essays in this collection highlight what
are - and what else might in the nearby future become - possible
reproductive options and respond to the difficulties we encounter
in assessing these practices and possibilities from our traditional
ethical vantage points. Contributions by: Andrew Bainham, Thomas
Baldwin, Lisa Bortolotti, John Harris, Martin H. Johnson, Judith
Masson, Martin Richards, Alison Shaw, Sally Sheldon, Bonnie
Steinbock and Mary Warnock.
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