In this collection of essays, leading legal historians address significant topics in the history of judges and judging, with comparisons not only between British, American and Commonwealth experience, but also with the judiciary in civil law countries. It is not the law itself, but the process of law-making in courts that is the focus of inquiry. Contributors describe and analyse aspects of judicial activity, in the widest possible legal and social contexts, across two millennia. The essays cover English common law, continental customary law and ius commune, and aspects of the common law system in the British Empire. The volume is innovative in its approach to legal history. None of the essays offer straight doctrinal exegesis; none take refuge in old-fashioned judicial biography. The volume is a selection of the best papers from the 18th British Legal History Conference.
This is a time when the rule of law is seriously challenged, when governments threaten deliberately to break the law, and the independence of justice is jeopardised by unrelenting pressure from both the executive and the media.
A selection of outstanding papers from the 24th British Legal History Conference, celebrating scholarship in comparative legal history.
This book offers an in-depth analysis of the differences between common law and civil law systems from various theoretical perspectives.
Navigating Public Administration and the Failed Promise of Administrative Law Elizabeth Fisher* In December 1933, Jerome Frank, as General Counsel of the US Agricultural Adjustment Administration, made a speech in which he argued that ...
In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application.
The book is therefore essential reading for anyone concerned about the proper role of the judiciary. Hamburger lays the foundation for his argument by explaining the common law ideals of law and judicial duty.
Examples of this are Hedley Byrne's case [1964] AC 465 where the class of potential plaintiffs was reduced to those shown to have relied upon the correctness of statements made, and Weller & Co. v Foot and Mouth Disease Research ...
There is to my knowledge only one treatise on statutory interpretation that purports to treat the subject in a systematic ... A Treatise on the Rules Which Govern the Interpretation and Construction of Statutory and Constitutional Law; ...
By analyzing apex courts and the common law from multiple angles, this book offers an entry point for scholars in disciplines related to law - such as political science, history, and sociology - who are seeking a deeper understanding and ...
This volume presents in-depth coverage of the jury systems of Australia, England, Canada, New Zealand, the Republic of Ireland andNorthern Ireland, Scotland, and the United States.