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This book considers how legal history has shaped and continues to
shape our shared present. Each chapter draws a clear and
significant connection to a meaningful feature of our lives today.
Focusing primarily on England and Australia, contributions show the
diversity of approaches to legal history's relevance to the
present. Some contributors have a tight focus on legal decisions of
particular importance. Others take much bigger picture overview of
major changes that take centuries to register and where impact is
still felt. The contributors are a mix of legal historians,
practising lawyers, members of the judiciary, and legal academics,
and develop analysis from a range of sources from statutes and
legal treatises to television programs. Major legal personalities
from Edward Marshall Hall to Sir Dudley Ryder are considered, as
are landmarks in law from the Magna Carta to the Mabo Decision.
This book presents a collection of leading common law cases in
private international law ranging from the 18th to the 21st
century. The cases traverse issues of jurisdiction, choice of law
and the recognition and enforcement of foreign judgments. Questions
of marital validity, domicile, foreign immovable property and
choice of law in contract are just some of the topics that this
collection examines. The 'unusual factual situations' of some 18th-
and 19th-century English cases also reveal compelling human
interest stories and political controversies worthy of further
exploration. Drawing on a diverse team of contributors, this edited
collection showcases the research of eminent conflicts scholars
together with emerging scholars from the United Kingdom, Australia,
Canada and South Africa.
This book considers how legal history has shaped and continues
to shape our shared present. Each chapter draws a clear and
significant connection to a meaningful feature of our lives today.
Focusing primarily on England and Australia, contributions show the
diversity of approaches to legal history’s relevance to the
present. Some contributors have a tight focus on legal decisions of
particular importance. Others take much bigger picture overview of
major changes that take centuries to register and where impact is
still felt. The contributors are a mix of legal historians,
practising lawyers, members of the judiciary, and legal academics,
and develop analysis from a range of sources from statutes and
legal treatises to television programs. Major legal personalities
from Edward Marshall Hall to Sir Dudley Ryder are considered, as
are landmarks in law from the Magna Carta to the Mabo Decision.
This is a contemporary legal history book for Australian law
students, written in an engaging style and rich with learning
features and illustrations. The writers are a unique combination of
talents, bringing together their fields of research and teaching in
Australian history, British constitutional history and modern
Australian law. The first part provides the social and political
contexts for legal history in medieval and early modern England and
America, explaining the English law which came to Australia in
1788. This includes: The origins of the common law The growth of
the legal profession The making of the Magna Carta The English
Civil Wars The Bill of Rights The American War of Independence. The
second part examines the development of the law in Australia to the
present day, including: The English criminal justice system and
convict transportation The role of the Privy Council in 19th
century Indigenous Australia in the colonial period The federation
movement Constitutional Independence The 1967 Australian referendum
and the land rights movement. The comprehensive coverage of several
centuries is balanced by a dynamic writing style and tools to guide
the student through each chapter including learning outcomes,
chapter outlines and discussion points. The historical analysis is
brought to life by the use of primary documentary evidence such as
charters, statutes, medieval source books and Coke's reports, and a
series of historical cameos - focused studies of notable people and
issues from King Edward I and Edward Coke to Henry Parkes and Eddie
Mabo - and constitutional detours addressing topics such as the
separation of powers, judicial review and federalism. A Legal
History for Australia is an engaging textbook, cogently written and
imaginatively resourced and is supported by a companion website:
https://www.bloomsburyonlineresources.com/a-legal-history-for-australia
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