Author: Alfred William Brian Simpson

Publisher: Oxford University Press

ISBN: 019826299X

Category: Law

Page: 311

View: 1940

This book offers a collection of essays by arguably the most popular legal historian writing today. Most of the essays have not been previously published, and those which have appeared previously have been re-written to make the collection read more coherently. The collection is centred upon the theme of the leading case - a case where the judgment has established a long-lasting or far reaching precedent in common law, and the author has selected a number of these cases in order to illustrate how the precedents established by the cases have little or nothing to do with the trials themselves.
Read More

A Victorian Yachting Tragedy

Author: Brian Simpson

Publisher: A&C Black

ISBN: 9781852852009

Category: History

Page: 353

View: 7289

Cannibalism and the Common Law is an enthralling classic of legal history. It tells the tragic story of the yacht Mignonette, which foundered on its way from England to Australia in 1884. The killing and eating of one of the crew, Richard Parker, led to the leading case in the defence of necessity, R. v. Dudley and Stephens. It resulted in their being convicted and sentenced to death, a sentence subsequently commuted. In this tour de force Brian Simpson sets the legal proceedings in their broadest historical context, providing a detailed account of the events and characters involved and of life at sea in the time of sail. Cannibalism and the Common Law is a demonstration that legal history can be written in human terms and can be compulsive reading. This brilliant and fascinating book, a marvelous example of eareful historical detection, and first-class legal history, written by a master.
Read More

With Some Short Notes Thereon, Chiefly Intended as a Guide to "Smith's Leading Cases"

Author: John Indermaur

Publisher: N.A

ISBN: N.A

Category: Common law

Page: 130

View: 4069

Read More

Author: Melvin Aron Eisenberg

Publisher: Harvard University Press

ISBN: 9780674604810

Category: Law

Page: 204

View: 8593

Much of our law is based on authoritative texts, such as constitutions and statutes. The common law, in contrast, is that part of the law that is established by the courts. Common law rules predominate in some areas of law, such as torts and contracts, and are extremely important in other areas, such as corporations. Nevertheless, it has been far from clear what principles courts use--or should use--in establishing common law rules. In this lucid yet subtly argued book, Melvin Eisenberg develops the principles that govern this process. The rules established in every common law case, he shows, are a product of the interplay between the rules announced in past precedents, on the one hand, and moral norms, policies, and experience, on the other. However, a court establishing a common law rule is not free, as a legislator would be, to employ those norms and policies it thinks best. Rather, it can properly employ only those that have a requisite degree of social support. More specifically, the common law should seek to satisfy three standards. First, it should correspond to the body of rules that would be arrived at by giving appropriate weight to all moral norms, policies, and experiential propositions that have the requisite support, and by making the best choices where norms, policies, and experience conflict. Second, all the rules that make up the body of the law should be consistent with one another. Third, the rules adopted in past precedents should be applied consistently over time. Often, these three standards point in the same direction. The central problems of legal reasoning arise when they do not. These problems are resolved by the principles of common law adjudication. With the general principles of common law adjudication as a background, the author then examines and explains the specific modes of common law reasoning, such as reasoning from precedent, reasoning by analogy, drawing distinctions, and overruling. Throughout the book, the analysis is fully illustrated by leading cases. This innovative and carefully worked out account of the common law will be of great interest to lawyers, law students, students in undergraduate legal studies programs, scholars interested in legal theory, and all those who want to understand the basic legal institutions of our society.
Read More

Author: Charles Mitchell,Paul Mitchell

Publisher: Bloomsbury Publishing

ISBN: 1847310931

Category: Law

Page: 416

View: 5866

It is now well established that the law of unjust enrichment forms an important and distinctive part of the English law of obligations. Restitutionary awards for unjust enrichment and for wrongdoing are clearly recognised for what they are. But these are recent developments. Before the last decade of the twentieth century the very existence of a separate law of unjust enrichment was controversial, its scope and content matters of dispute. In this collection of essays, a group of leading scholars look back and reappraise some of the landmark cases in the law of restitution. They range from the early seventeenth century to the mid-twentieth century, and shed new light on some classic decisions. Some argue that the importance of their case has been overstated; others, that it has been overlooked, or misconceived. All persuasively invite the reader to think again about some well-known authorities. The book is an essential resource for anyone, scholar, student or practitioner, with an interest in this fascinating area of the law.
Read More

Author: Charles Mitchell,Paul Mitchell

Publisher: Bloomsbury Publishing

ISBN: 1847319750

Category: Law

Page: 750

View: 919

Landmark Cases in Equity continues the series of essay collections which began with Landmark Cases in the Law of Restitution (2006) and continued with Landmark Cases in the Law of Contract (2008) and Landmark Cases in the Law of Tort (2010). It contains essays on landmark cases in the development of equitable doctrine running from the seventeenth century to recent times. The range, breadth and social importance of equitable principles, as these affect commercial, domestic and even political matters are well known. By focusing on the historical development of these principles, the essays in this collection help us to understand them more clearly, and also provide insights into the processes of legal change through judicial innovation. Themes addressed in the essays include the nature of the courts' equitable jurisdiction, the development of property rights in equity, constraints on the powers of settlors to create express trusts, the duties of trustees and other fiduciaries, remedies for breach of these duties, and the evolution of constructive and resulting trusts.
Read More

Author: Charles Mitchell,Paul Mitchell

Publisher: Bloomsbury Publishing

ISBN: 1847315674

Category: Law

Page: 400

View: 2614

Landmark Cases in the Law of Tort contains thirteen original essays on leading tort cases, ranging from the early nineteenth century to the present day. It is the third volume in a series of collected essays on landmark cases (the previous two volumes having dealt with restitution and contract). The cases examined raise a broad range of important issues across the law of tort, including such diverse areas as acts of state and public nuisance, as well as central questions relating to the tort of negligence. Several of the essays place cases in their historical context in ways that change our understanding of the case's significance. Sometimes the focus is on drawing out previously neglected aspects of cases which have been ? undeservedly ? assigned minor importance. Other essays explore the judicial methodologies and techniques that worked to shape leading principles of tort law. So much of tort law turns on cases, and there are so many cases, that all but the most recent decisions have a tendency to become reduced to terse propositions of law, so as to keep the subject manageable. This collection shows how important it is, despite the constant temptation to compression, not to lose sight of the contexts and nuances which qualify and illuminate so many leading authorities.
Read More

Deciding Appeals

Author: Karl N. Llewellyn

Publisher: Quid Pro Books

ISBN: 1610273001

Category: Law

Page: 434

View: 533

Read More

The Ordinance Law, with Notes, and References to the Decisions of the Review Court Affecting the Procedure, Jurisdiction, and Duties of the Stipendiary Justices of the Peace of British Guiana

Author: Alfred John Pound

Publisher: N.A

ISBN: N.A

Category: Justice, administration of

Page: 802

View: 2669

Read More

Cases and Analysis

Author: Allan DeSerpa

Publisher: South-Western Pub

ISBN: 9780324289770

Category: Business & Economics

Page: 248

View: 1588

Designed more to complement an existing text on the subject of Law & Economics, this casebook has more complete cases than the leading texts. Brief sections follow the cases in order to highlight the key points of economic analysis. The text fulfills the need for more complete case material, and important case material, that is sometimes glossed over in texts. At the same time, the analyses provide summaries of the key economic elements to the cases.
Read More

Common Law, Statute and the Dynamics of Legal Change

Author: T T Arvind,Jenny Steele

Publisher: Bloomsbury Publishing

ISBN: 1782250557

Category: Law

Page: 546

View: 7316

The study of the law of tort is generally preoccupied by case law, while the fundamental impact of legislation is often overlooked. At a jurisprudential level there is an unspoken view that legislation is generally piecemeal and at best self-contained and specific; at worst dependent on the whim of political views at a particular time. With a different starting point, this volume seeks to test such notions, illustrating, among other things, the widespread and lasting influence of legislation on the shape and principles of the law of tort; the variety of forms of legislation and the complex nature of political and policy concerns that may lie behind their enactment; the sometimes unexpected consequences of statutory reform; and the integration not only of statutory rules but also of legislative policy into the operation of tort law today. The apparently sharp distinction between judicially created private law principles, and democratically enacted legislative rules and policies, is therefore questioned, and it is argued that to describe the principles of the law of tort without referring to statute is potentially highly misleading. This book shows that legislation is important not only because of the way it varies or replaces case law, but because it also deeply influences the intrinsic character of that law, providing some of its most familiar characteristics. The book provides the first extended interpretation of legislative intervention in the law of tort. Each of the chapters, by leading tort scholars, deals with an aspect of the influence of legislation on the law of tort. While the nature, sources and extent of legislative influence in personal injury law is an essential feature of the collection, other significant areas of tort law are explored, including tort in the context of commercial law, labour law, regulation and the welfare state. Essays on the Compensation Act 2006 and Human Rights Act 1998 bring the current state of the interplay between tort, politics and legislation to the forefront. In all of these contexts, contributors explore the deeper lessons that can be learned about the nature of the law of tort and its changing role and functions over time. Cited with approval in the Singapore Court of Appeal by VK Rajah JA in See Toh Siew Kee vs Ho Ah Lam Ferrocement (Pte) Ltd and others, [2013] SGCA 29
Read More

Author: Rolando V. del Carmen,Jeffery T. Walker

Publisher: Routledge

ISBN: 1317203100

Category: Law

Page: 346

View: 5083

Briefs of Leading Cases in Law Enforcement, Ninth Edition, offers extensive updates on the leading Supreme Court cases impacting law enforcement in the United States, creating a must-have reference for police officers to stay up-to-date and have a strong understanding of the law and their function within it. All cases are briefed in a common format to allow for comparisons among cases and include facts, relevant issues, and the Court’s decision and reasoning. The significance of each case is also explained, making clear its impact on citizens and law enforcement. The book provides students and practitioners with historical and social context for their role in criminal justice and the legal guidelines that should be followed in day-to-day policing activities. Two new chapters have been added on Searches by Dogs (featuring United States v. Place, Illinois v. Caballes, Florida v. Harris, and Florida v. Jardines) and Computer/Cell Phone Searches (featuring Riley v. California). Additional new cases include: • In Chapter 4, covering Arrests and Other Seizures of Persons: Bailey v. United States • In Chapter 5, covering Seizures of Things: Missouri v. McNeely and Maryland v. King • In Chapter 6, covering Searches in General: Kentucky v. King • In Chapter 8, covering Searches With Consent: Fernandez v. California • In Chapter 9, covering Vehicle Stops and Searches: Navarette v. California • In Chapter 12, covering Electronic Surveillance: United States v. Jones • In Chapter 16, covering, Use of Force: Plumhoff v. Rickard • In Chapter 17, covering Confessions and Admissions: Cases Affirming Miranda: J.D.B v. North Carolina • In Chapter 18, covering Confessions and Admissions: Cases Weakening Miranda: Salinas v. Texas • In Chapter 23, covering Legal Liabilities: Messerschmidt v. Millender
Read More

Ius Commune Casebooks for the Common Law of Europe

Author: Hugh Beale,Bénédicte Fauvarque-Cosson,Jacobien Rutgers,Denis Tallon,Stefan Vogenauer

Publisher: Bloomsbury Publishing

ISBN: 1847317383

Category: Law

Page: 1442

View: 4793

This is the second edition of the widely acclaimed and successful casebook on Contract in the Ius Commune Series, developed to be used throughout Europe and aimed at those who teach, learn or practise law with a comparative or European perspective. The book contains leading cases, legislation and other materials from the legal traditions within Europe, with a focus on English, French and German law as the main representatives of those traditions. The book contains the basic texts and contrasting cases as well as extracts from the various international restatements (the Vienna Sales Convention, the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law, the Draft Common Frame of Reference and so on). Materials are chosen and ordered so as to foster comparative study, and complemented with annotations and comparative overviews prepared by a multinational team. The whole Casebook is in English. The principal subjects covered in this book include: General (including the distinctions between Contract and Property, Tort and Restitution) ; Formation; Validity; Interpretation and Contents; Remedies; Supervening Events; and Third Parties. Please click on the link below to visit the series website: www.casebooks.eu/contractLaw.
Read More

Being a Short Digest of the Common Law, Illustrated Throughout by Leading Cases

Author: Charles George Walpole

Publisher: N.A

ISBN: N.A

Category: Common law

Page: 358

View: 631

Read More

Unfair Competition by Misrepresentation

Author: Christopher Wadlow

Publisher: Sweet & Maxwell

ISBN: 0414042328

Category: Business names

Page: 952

View: 931

The Handbook of ICC Arbitration is a user-friendly introduction to the rules of the ICC for established practitioners and those approaching international arbitration for the first time. In addition to presenting the ideal sourcebook more in-depth research and information. This supplement is essential reading as it will reflect and annotate the revised ICC Rules as adopted. It will reveal case law developments, and update the most relevant case law from the state courts and ICC arbitral tribunals.
Read More

Author: Alexander Vereshchagin

Publisher: Routledge

ISBN: 1135392226

Category: Law

Page: 288

View: 5783

A novel and incisive investigation of the role of judicial precedents and customs in Russian law, this book examines the trends in the development of judge-made law in Russian civil law since the demise of the Soviet Union. Exploring the interrelated propositions that a certain creative element is intrinsic to the judicial function in modern legal systems, which are normally shaped by both legislators and judges and that the Russian legal system is not an exception to this rule, the author argues that the rejection or acceptance of judge-made law can no longer be sufficient grounds for distinguishing between common law and civil law systems for the purposes of comparative analysis. Divided into six chapters, it covers: the principles applied by judges when interpreting legal acts; analyzing a number of academic writings on this subject the boundaries of the realm of judge-made law and the problem of 'hard cases' and the factors, which make them 'hard' a taxonomy of forms in which Russian courts effectuate their law-creation functions current policies of courts in legal and socio-political matters joint-stock societies and arbitrazh courts. Estimating the degree of creativity within different branches of the Russian judiciary and explaining the difference in the approaches of various courts as well as setting-out proposals as to how the discrepancies in judicial practice can be avoided, Judicial Law-Making in Post-Soviet Russia is invaluable reading for all students of international law, comparative law, legal skills, method and systems and jurisprudence and philosophy of law.
Read More

Author: Jack Anderson

Publisher: Springer Science & Business Media

ISBN: 9067049093

Category: Law

Page: 395

View: 8262

This book accounts for over 25 of the most influential cases in international sports law, as written by some of the leading authorities in the area. Authors from Europe, the United States, Australia, South Africa, Canada and New Zealand trace the evolution of this emerging discipline of law through an analysis of individual cases, as discussed under a number of key debates and themes in contemporary sports law, including: the “public” nature of legal disputes in sport; player employment mobility litigation; doping and the spirit of sport; TV rights holding proceedings; and enduring themes in sports law such as on-field violence, spectator safety, animal welfare and gender equality. Valuable for sports law academics, arbitrators and practitioners, sports administrators and governing bodies, but also for students (postgraduate and undergraduate) and all those with an interest in international sports law.
Read More

Geschichte, Theorie und Dogmatik außervertraglicher Ansprüche auf Schadensersatz

Author: Nils Jansen

Publisher: Mohr Siebeck

ISBN: 9783161479885

Category: Law

Page: 703

View: 1756

English summary: Nils Jansen offers a theoretical and historical foundation aiming at a better understanding of the present tort law. He analyzes the normative structure of tort liability in terms of distributive or corrective justice and individual responsibility, asking whether the basic concepts really suit their function in actual decisions. He then reconstructs the history of the civil law of torts, showing that it evolved from the ancient Roman law of delict which originally was not related to the reparation of damage. On the basis of his historical and theoretical analysis, he concludes this work by giving a doctrinal reconstruction of tort law leading up to a restatement of the present law. German description: Geschichte, Theorie und Dogmatik ausservertraglicher Anspruche auf SchadensersatzDas Haftungsrecht stellt sich heute in Deutschland - ebenso wie in den meisten europaischen Rechtsordnungen - zersplittert und wertungsmassig inkoharent dar. Angesichts dieser Tatsache erstellt Nils Jansen eine historisch und theoretisch angelegte Grundlagenuntersuchung zum geltenden Haftungsrecht: Er beschreibt formal, welche Arten von Gerechtigkeitskriterien (distributive und ausgleichende Gerechtigkeit) bei Urteilen uber die personliche Verantwortlichkeit und damit auch im Haftungsrecht einschlagig sind, und wie sie sich aufeinander beziehen. Sodann untersucht er, wie es historisch zu dem heutigen, dogmatisch inkoharenten Rechtszustand gekommen ist. Entscheidend war dabei, dass die zentralen Begriffe im Rahmen des altromischen Deliktsrechts gepragt worden sind, das mit dem Schadensausgleich ursprunglich nichts zu tun hatte: Nur die Geschichte der vielfaltigen Wandlungen des Deliktsrechts kann den heutigen Rechtszustand erklaren.Aufgrund dieser Erkenntnisse erfolgt schliesslich eine dogmatische Grundlegung des Haftungsrechts, die zu einem zusammenfassenden, regelformig formulierten restatement des tatsachlichen heutigen Rechtszustands fuhrt. Dabei setzt der Autor sich insbesondere auch mit den Projekten zur Formulierung eines kunftigen europaischen Haftungsrechts auseinander.
Read More