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Making Commercial Law Through Practice 1830-1970 adds a new
dimension to the history of Britain's commerce, trade manufacturing
and financial services, by showing how they have operated in law
over the last one hundred and forty years. In the main law and
lawyers were not the driving force; regulation was largely absent;
and judges tended to accommodate commercial needs, so that market
actors were able to shape the law through their practices. Using
legal and historical scholarship, the author draws on archival
sources previously unexploited for the study of commercial practice
and the law's role in it. This book will stimulate parallel
research in other subject areas of law. Modern commercial lawyers
will learn a great deal about the current law from the story of its
evolution, and economic and business historians will see how the
world of commerce and trade operated in a legal context.
Written by a leading figure in the field, this third edition of the
Principles of Banking Law provides an authoritative account of the
subject, incorporating all significant changes in banking law,
regulation and practice that have occurred since the publication of
the second edition in 2002. The book looks at international banking
and financial services law, with in-depth expert coverage of global
bank regulation, global payment systems, international bond
instuments, and foreign exchange systems.
Making Commercial Law Through Practice 1830-1970 adds a new
dimension to the history of Britain's commerce, trade manufacturing
and financial services, by showing how they have operated in law
over the last one hundred and forty years. In the main law and
lawyers were not the driving force; regulation was largely absent;
and judges tended to accommodate commercial needs, so that market
actors were able to shape the law through their practices. Using
legal and historical scholarship, the author draws on archival
sources previously unexploited for the study of commercial practice
and the law's role in it. This book will stimulate parallel
research in other subject areas of law. Modern commercial lawyers
will learn a great deal about the current law from the story of its
evolution, and economic and business historians will see how the
world of commerce and trade operated in a legal context.
Access to justice, equality before the law, and the rule of law are
three fundamental values underpinning the civil justice system.
This book examines these values and how, although they do not have
great leverage in decision making by the courts, they are a crucial
foundation of the civil justice system and a powerful argument for
arrangements such as legal aid, the impartial application of law,
and the independence of the judiciary. The second theme of this
book concerns the role of procedure, often regarded as of secondary
importance compared with substantive law. Taking the definition of
procedure at its widest, the book discusses Lord Woolf's Inquiry,
and demonstrates how procedural reform can maximize a fundamental
value like access to justice. This linkage is furthered in a later
analysis of access to justice comparatively, in relation to civil
and commercial law. Thirdly, the book looks at understanding how
law works, and how it could be made to work better, and concludes
that this demands both a knowledge of law and of law's context.
This theme offers a framework for the book, which then goes on to
deal with the machinery of the law, and discusses what the courts
do, civil procedure, and the ethics of lawyer's conduct, all in
relation to the broader context of access to justice. This broader
context of the law is particularly prominent in the latter half of
the book which deals with various dimensions of the impact of the
law. Including studies of civil and social rights in practice, the
role of European law in the destruction of Aboriginal society in
Australia, and commercial law in Asia, these examples raise issues
about the gap between the law and reality, the potential law has to
destroy social patterns, and the relationship between law and
economic development. This is a thought-provoking, critical
exploration which has much to offer those interested in the
operation of the civil justice system.
This collection of essays by leading commentators on civil justice
is an attempt to assess the present state of civil procedure in the
UK and the possible impact of proposals recently put forward by
Lord Woolf. In addition, the essays deal with the fundamental
problems that are encountered today in the administration of civil
justice everywhere. The contributors are distinguished
practitioners and academics who have extensively contributed to the
subject in the past. This book is intended for practising lawyers,
judges, and academics concerned with civil justice, the legal
system, access to justice, and court procedures campaign groups
LAG, CPAG etc.
This collection of essays by leading commentators on civil justice
is an attempt to assess the present state of civil procedure in the
UK and the possible impact of proposals recently put forward by
Lord Woolf. In addition, the essays deal with the fundamental
problems that are encountered today in the administration of civil
justice everywhere. The contributors are distinguished
practitioners and academics who have made extensive contributions
to the subject in the past.
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