Author: Moore, Sarah
Publisher: Policy Press
ISBN: 1447335457
Category : Law
Languages : en
Pages : 104
Book Description
One of the many areas of social support affected by the recent austerity measures in Britain is legal aid, which has suffered under cuts so substantial that, this book argues, the result is the most radical set of changes in the sixty-year history of legal aid in the nation, a transformation of its very meaning and purpose. From an original position as a form of social welfare to which nearly anyone could get access, it is now seen as a benefit, outside the legal system, and almost wholly cast in economic terms. This book looks at this shift and its far-reaching consequences not just for individuals but for the whole of the court system.
Legal Aid in Crisis
Author: Moore, Sarah
Publisher: Policy Press
ISBN: 1447335457
Category : Law
Languages : en
Pages : 104
Book Description
One of the many areas of social support affected by the recent austerity measures in Britain is legal aid, which has suffered under cuts so substantial that, this book argues, the result is the most radical set of changes in the sixty-year history of legal aid in the nation, a transformation of its very meaning and purpose. From an original position as a form of social welfare to which nearly anyone could get access, it is now seen as a benefit, outside the legal system, and almost wholly cast in economic terms. This book looks at this shift and its far-reaching consequences not just for individuals but for the whole of the court system.
Publisher: Policy Press
ISBN: 1447335457
Category : Law
Languages : en
Pages : 104
Book Description
One of the many areas of social support affected by the recent austerity measures in Britain is legal aid, which has suffered under cuts so substantial that, this book argues, the result is the most radical set of changes in the sixty-year history of legal aid in the nation, a transformation of its very meaning and purpose. From an original position as a form of social welfare to which nearly anyone could get access, it is now seen as a benefit, outside the legal system, and almost wholly cast in economic terms. This book looks at this shift and its far-reaching consequences not just for individuals but for the whole of the court system.
The Work of the British Law Commissions
Author: Shona Wilson Stark
Publisher: Bloomsbury Publishing
ISBN: 1509906924
Category : Law
Languages : en
Pages : 341
Book Description
The Law Commission (of England and Wales) and the Scottish Law Commission were both established in 1965 to promote the reform of the laws of their respective jurisdictions. Since then, they have each produced hundreds of reports across many areas of law. They are independent of government yet rely on governmental funding and governmental approval of their proposed projects. They also rely on both government and Parliament (and, occasionally, the courts or other bodies) to implement their proposals. This book examines the tension between independence and implementation and recommends how a balance can best be struck. It proposes how the Commissions should choose their projects given that their duties outweigh their resources, and how we should assess the success, or otherwise, of their output. Countries around the world have created law reform bodies in the Commissions' image. They may wish to reflect on the GB Commissions' responses to the changes and challenges they have faced to reappraise their own law reform machinery. Equally, the GB Commissions may seek inspiration from other commissions' experiences. The world the GB Commissions inhabit now is very different from when they were established. They have evolved to remain relevant in the face of devolution, the UK's changing relationship with the European Union, increasing pressure for accountability and decreasing funding. Further changes to secure the future of independent law reform are advanced in this book.
Publisher: Bloomsbury Publishing
ISBN: 1509906924
Category : Law
Languages : en
Pages : 341
Book Description
The Law Commission (of England and Wales) and the Scottish Law Commission were both established in 1965 to promote the reform of the laws of their respective jurisdictions. Since then, they have each produced hundreds of reports across many areas of law. They are independent of government yet rely on governmental funding and governmental approval of their proposed projects. They also rely on both government and Parliament (and, occasionally, the courts or other bodies) to implement their proposals. This book examines the tension between independence and implementation and recommends how a balance can best be struck. It proposes how the Commissions should choose their projects given that their duties outweigh their resources, and how we should assess the success, or otherwise, of their output. Countries around the world have created law reform bodies in the Commissions' image. They may wish to reflect on the GB Commissions' responses to the changes and challenges they have faced to reappraise their own law reform machinery. Equally, the GB Commissions may seek inspiration from other commissions' experiences. The world the GB Commissions inhabit now is very different from when they were established. They have evolved to remain relevant in the face of devolution, the UK's changing relationship with the European Union, increasing pressure for accountability and decreasing funding. Further changes to secure the future of independent law reform are advanced in this book.
British Legal Reform
Author: Catherine Atkinson
Publisher: Policy Press
ISBN: 1447375424
Category : Law
Languages : en
Pages : 264
Book Description
This book is a manifesto for change that showcases new policy ideas for the next government. Organised by the Society of Labour Lawyers, the Labour Party’s legal think tank, the contributors inspire debate about Britain’s future, exploring a wide range of issues from access to justice to family law reform, housing, employment, EU and trade law, asylum and refugee law, immigration and citizenship, international law and constitutional reform. As Britain may see a change in government, this book is a must-have collection of new insights into how a Labour government can renew Britain.
Publisher: Policy Press
ISBN: 1447375424
Category : Law
Languages : en
Pages : 264
Book Description
This book is a manifesto for change that showcases new policy ideas for the next government. Organised by the Society of Labour Lawyers, the Labour Party’s legal think tank, the contributors inspire debate about Britain’s future, exploring a wide range of issues from access to justice to family law reform, housing, employment, EU and trade law, asylum and refugee law, immigration and citizenship, international law and constitutional reform. As Britain may see a change in government, this book is a must-have collection of new insights into how a Labour government can renew Britain.
A History of Divorce Law
Author: Henry Kha
Publisher: Routledge
ISBN: 1000286681
Category : History
Languages : en
Pages : 201
Book Description
The book explores the rise of civil divorce in Victorian England, the subsequent operation of a fault system of divorce based solely on the ground of adultery, and the eventual piecemeal repeal of the Victorian-era divorce law during the Interwar years. The legal history of the Matrimonial Causes Act 1857 is at the heart of the book. The Act had a transformative impact on English law and society by introducing a secular judicial system of civil divorce. This swept aside the old system of divorce that was only obtainable from the House of Lords and inadvertently led to the creation of the modern family justice system. The book argues that only through understanding the legal doctrine in its wider cultural, political, religious, and social context is it possible to fully analyse and assess the changes brought about by the Act. The major developments included the end of any pretence of the indissolubility of marriage, the statutory enshrinement of a double standard based on gender in the grounds for divorce, and the growth of divorce across all spectrums of English society. The Act was a product of political and legal compromise between conservative forces resisting the legal introduction of civil divorce and the reformers, who demanded married women receive equal access to the grounds of divorce. Changing attitudes towards divorce that began in the Edwardian period led to a gradual rejection of Victorian moral values and the repeal of the Act after 80 years of existence in the Interwar years. The book will be a valuable resource for academics and researchers with an interest in legal history, family law, and Victorian studies.
Publisher: Routledge
ISBN: 1000286681
Category : History
Languages : en
Pages : 201
Book Description
The book explores the rise of civil divorce in Victorian England, the subsequent operation of a fault system of divorce based solely on the ground of adultery, and the eventual piecemeal repeal of the Victorian-era divorce law during the Interwar years. The legal history of the Matrimonial Causes Act 1857 is at the heart of the book. The Act had a transformative impact on English law and society by introducing a secular judicial system of civil divorce. This swept aside the old system of divorce that was only obtainable from the House of Lords and inadvertently led to the creation of the modern family justice system. The book argues that only through understanding the legal doctrine in its wider cultural, political, religious, and social context is it possible to fully analyse and assess the changes brought about by the Act. The major developments included the end of any pretence of the indissolubility of marriage, the statutory enshrinement of a double standard based on gender in the grounds for divorce, and the growth of divorce across all spectrums of English society. The Act was a product of political and legal compromise between conservative forces resisting the legal introduction of civil divorce and the reformers, who demanded married women receive equal access to the grounds of divorce. Changing attitudes towards divorce that began in the Edwardian period led to a gradual rejection of Victorian moral values and the repeal of the Act after 80 years of existence in the Interwar years. The book will be a valuable resource for academics and researchers with an interest in legal history, family law, and Victorian studies.
Constitutional Reform in Britain and France
Author: Elizabeth Gibson-Morgan
Publisher: University of Wales Press
ISBN: 1786831236
Category : Political Science
Languages : en
Pages : 242
Book Description
Any attempt at comparing contemporary change in the UK and France is a bold one, since it means discussing two very different countries with strong distinctive constitutional identities. This book places its emphasis on the shared historical, political and cultural background of the UK and France, before focusing on the sweeping transformation of their constitutional frameworks in the past quarter of a century at a national and regional level – with a particular emphasis on Wales and Scotland – which culminated in the June 2016 referendum on Britain’s EU membership. Instead of examining each country separately, however, as is traditional, this study breaks new ground by explaining the pattern of institutional development in Britain and France from a comparative Franco-British perspective. It explores the complexities of recent constitutional change in both countries in an original and comprehensive way, and gives both British and French readers a deeper understanding of the two countries that have some much in common even though Brexit could drive them apart.
Publisher: University of Wales Press
ISBN: 1786831236
Category : Political Science
Languages : en
Pages : 242
Book Description
Any attempt at comparing contemporary change in the UK and France is a bold one, since it means discussing two very different countries with strong distinctive constitutional identities. This book places its emphasis on the shared historical, political and cultural background of the UK and France, before focusing on the sweeping transformation of their constitutional frameworks in the past quarter of a century at a national and regional level – with a particular emphasis on Wales and Scotland – which culminated in the June 2016 referendum on Britain’s EU membership. Instead of examining each country separately, however, as is traditional, this study breaks new ground by explaining the pattern of institutional development in Britain and France from a comparative Franco-British perspective. It explores the complexities of recent constitutional change in both countries in an original and comprehensive way, and gives both British and French readers a deeper understanding of the two countries that have some much in common even though Brexit could drive them apart.
Legal Reform in English Renaissance Literature
Author: Virginia Lee Strain
Publisher: Edinburgh University Press
ISBN: 1474416306
Category : Law
Languages : en
Pages : 240
Book Description
The first study of legal reform and literature in early modern EnglandThis book investigates rhetorical and representational practices that were used to monitor English law at the turn of the seventeenth century. The late-Elizabethan and early-Jacobean surge in the policies and enforcement of the reformation of manners has been well-documented. What has gone unnoticed, however, is the degree to which the law itself was the focus of reform for legislators, the judiciary, preachers, and writers alike. While the majority of law and literature studies characterize the law as a force of coercion and subjugation, this book instead treats in greater depth the law's own vulnerability, both to corruption and to correction. In readings of Spenser's Faerie Queene, the Gesta Grayorum, Donne's 'Satyre V', and Shakespeare's Measure for Measure and The Winter's Tale, Strain argues that the terms and techniques of legal reform provided modes of analysis through which legal authorities and literary writers alike imagined and evaluated form and character. Key FeaturesReevaluates canonical writers in light of developments in legal historical research, bringing an interdisciplinary perspective to works Collects an extensive variety of legal, political, and literary sources to reconstruct the discourse on early modern legal reform, providing an introduction to a topic that is currently underrepresented in early modern legal cultural studiesAnalyses the laws own vulnerability to individual agency.
Publisher: Edinburgh University Press
ISBN: 1474416306
Category : Law
Languages : en
Pages : 240
Book Description
The first study of legal reform and literature in early modern EnglandThis book investigates rhetorical and representational practices that were used to monitor English law at the turn of the seventeenth century. The late-Elizabethan and early-Jacobean surge in the policies and enforcement of the reformation of manners has been well-documented. What has gone unnoticed, however, is the degree to which the law itself was the focus of reform for legislators, the judiciary, preachers, and writers alike. While the majority of law and literature studies characterize the law as a force of coercion and subjugation, this book instead treats in greater depth the law's own vulnerability, both to corruption and to correction. In readings of Spenser's Faerie Queene, the Gesta Grayorum, Donne's 'Satyre V', and Shakespeare's Measure for Measure and The Winter's Tale, Strain argues that the terms and techniques of legal reform provided modes of analysis through which legal authorities and literary writers alike imagined and evaluated form and character. Key FeaturesReevaluates canonical writers in light of developments in legal historical research, bringing an interdisciplinary perspective to works Collects an extensive variety of legal, political, and literary sources to reconstruct the discourse on early modern legal reform, providing an introduction to a topic that is currently underrepresented in early modern legal cultural studiesAnalyses the laws own vulnerability to individual agency.
Rights of things
Author: William Blackstone
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 714
Book Description
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 714
Book Description
Land Reform in the British and Irish Isles Since 1800
Author: Shaun Evans
Publisher:
ISBN: 9781474487696
Category : History
Languages : en
Pages : 0
Book Description
Presents a comparative analysis of land issues and impact of reform across the British and Irish Isles, in Ireland, Scotland and Wales This book interrogates land issues and reform across the British and Irish Isles from c.1800 to 2021, with a particular focus on the period c.1830s-c.1940s. It builds on a rich body of work employing comparative approaches towards the 'Land Question' and the history of landed estates, drawing together fresh and original case studies which contextualise the historiographies of Ireland, England, Scotland and Wales. The contributors draw out similarities but also highlight the distinctive nature of land issues and reform programmes across the four nations of the British and Irish Isles. Key themes and issues discussed in the chapters include estate management and relationships between landowner and tenant; land reform agendas; legislative programmes and their impacts; landowner perspectives; and comparisons and contrasts between the experience of reform in the UK. Shaun Evans is Director of the Institute for the Study of Welsh Estates (ISWE) at Bangor University. Tony Mc Carthy is Visiting Fellow of the School of History, Classics and Archaeology at Newcastle University. Annie Tindley is Professor of British and Irish Rural History at Newcastle University.
Publisher:
ISBN: 9781474487696
Category : History
Languages : en
Pages : 0
Book Description
Presents a comparative analysis of land issues and impact of reform across the British and Irish Isles, in Ireland, Scotland and Wales This book interrogates land issues and reform across the British and Irish Isles from c.1800 to 2021, with a particular focus on the period c.1830s-c.1940s. It builds on a rich body of work employing comparative approaches towards the 'Land Question' and the history of landed estates, drawing together fresh and original case studies which contextualise the historiographies of Ireland, England, Scotland and Wales. The contributors draw out similarities but also highlight the distinctive nature of land issues and reform programmes across the four nations of the British and Irish Isles. Key themes and issues discussed in the chapters include estate management and relationships between landowner and tenant; land reform agendas; legislative programmes and their impacts; landowner perspectives; and comparisons and contrasts between the experience of reform in the UK. Shaun Evans is Director of the Institute for the Study of Welsh Estates (ISWE) at Bangor University. Tony Mc Carthy is Visiting Fellow of the School of History, Classics and Archaeology at Newcastle University. Annie Tindley is Professor of British and Irish Rural History at Newcastle University.
English Law in the Age of the Black Death, 1348-1381
Author: Robert C. Palmer
Publisher: Univ of North Carolina Press
ISBN: 9780807849545
Category : Law
Languages : en
Pages : 476
Book Description
Robert Palmer's pathbreaking study shows how the Black Death triggered massive changes in both governance and law in fourteenth-century England, establishing the mechanisms by which the law adapted to social needs for centuries thereafter. The Black De
Publisher: Univ of North Carolina Press
ISBN: 9780807849545
Category : Law
Languages : en
Pages : 476
Book Description
Robert Palmer's pathbreaking study shows how the Black Death triggered massive changes in both governance and law in fourteenth-century England, establishing the mechanisms by which the law adapted to social needs for centuries thereafter. The Black De
Rule of Law Reform and Development
Author: M. J. Trebilcock
Publisher: Edward Elgar Publishing
ISBN: 1848442971
Category : Law
Languages : en
Pages : 381
Book Description
Rule of Law Reform and Development stands out as an important contribution. Michael Trebilcock and Ronald Daniels have produced an ambitious, comprehensive, and persuasive book that will be of interest to both rule of law practitioners and academics. . . the book s overall strengths as a near-encyclopaedic appraisal of law and development will ensure its standing as a key resource for this still rapidly evolving field. Irina Ceric, Canadian Journal of Law and Society This book offers a sophisticated yet pragmatic account of the proper purposes of rule of law reform, the obstacles to achieving it, and the role that the international community can play. The procedural conception of the rule of law offers an appealing alternative to both one-size-fits-all universalism on the one hand and unconstrained relativism on the other. Kevin Davis, New York University School of Law, US This is the book that I have been waiting for. Even though rule of law has become the new mantra in development, its meaning remains elusive and its operational content unclear. This book helps us think systematically about it. Grounded in a procedural conceptualization of the rule of law, and supported by detailed case studies, Trebilcock and Daniels analysis lays out a theoretically sophisticated, yet practical agenda for making progress with rule-of-law reforms. Dani Rodrik, Harvard University, US This is a book on the role of legal institutions in economic development that is rich in institutional analysis and nuanced in terms of sensitivity to social, historical and political-economy issues that arise in the implementation of the rule of law. I particularly value its major focus on the need for balance between independence and accountability that afflict any rule of law reform: a balance which is missing in more one-sided accounts in the literature. I believe the book will be widely read and appreciated. Pranab Bardhan, University of California, Berkeley, US Within the law and development literature it is the most knowledgeable and comprehensive book on legal reform. I think that it will find a grateful readership among people working in development agencies, in humanitarian organizations and among scholars and students of development studies. Hans-Bernd Schäfer, University of Hamburg, Germany By identifying the key politico-economic reasons why rule-of-law reforms in developing countries have faltered and drawing out the implications for future strategy, this book is of immense importance and should be widely read. Anthony Ogus, CBE, FBA, University of Manchester, UK This important book addresses a number of key issues regarding the relationship between the rule of law and development. It presents a deep and insightful inquiry into the current orthodoxy that the rule of law is the panacea for the world s problems. The authors chart the precarious progress of law reforms both in overall terms and in specific policy areas such as the judiciary, the police, tax administration and access to justice, among others. They accept that the rule of law is necessarily tied to the success of development, although they propose a set of procedural values to enlighten this institutional approach. The authors also recognize that states face difficulties in implementing this institutional structures and identify the probable impediments, before proposing a rethink of law reform strategies and offering some conclusions about the role of the international community in the rule of law reform. Reviewing the progress in the rule of law reform in developing countries, specifically four regions Latin America, Africa, Central and Eastern Europe, and Asia this book makes a significant contribution to the literature. It will be of great interest to scholars and advanced students, as well as practitioners in the field, including international and bilateral aid agencies working on rule of law reform projects, and international and regional non-governmental organiza
Publisher: Edward Elgar Publishing
ISBN: 1848442971
Category : Law
Languages : en
Pages : 381
Book Description
Rule of Law Reform and Development stands out as an important contribution. Michael Trebilcock and Ronald Daniels have produced an ambitious, comprehensive, and persuasive book that will be of interest to both rule of law practitioners and academics. . . the book s overall strengths as a near-encyclopaedic appraisal of law and development will ensure its standing as a key resource for this still rapidly evolving field. Irina Ceric, Canadian Journal of Law and Society This book offers a sophisticated yet pragmatic account of the proper purposes of rule of law reform, the obstacles to achieving it, and the role that the international community can play. The procedural conception of the rule of law offers an appealing alternative to both one-size-fits-all universalism on the one hand and unconstrained relativism on the other. Kevin Davis, New York University School of Law, US This is the book that I have been waiting for. Even though rule of law has become the new mantra in development, its meaning remains elusive and its operational content unclear. This book helps us think systematically about it. Grounded in a procedural conceptualization of the rule of law, and supported by detailed case studies, Trebilcock and Daniels analysis lays out a theoretically sophisticated, yet practical agenda for making progress with rule-of-law reforms. Dani Rodrik, Harvard University, US This is a book on the role of legal institutions in economic development that is rich in institutional analysis and nuanced in terms of sensitivity to social, historical and political-economy issues that arise in the implementation of the rule of law. I particularly value its major focus on the need for balance between independence and accountability that afflict any rule of law reform: a balance which is missing in more one-sided accounts in the literature. I believe the book will be widely read and appreciated. Pranab Bardhan, University of California, Berkeley, US Within the law and development literature it is the most knowledgeable and comprehensive book on legal reform. I think that it will find a grateful readership among people working in development agencies, in humanitarian organizations and among scholars and students of development studies. Hans-Bernd Schäfer, University of Hamburg, Germany By identifying the key politico-economic reasons why rule-of-law reforms in developing countries have faltered and drawing out the implications for future strategy, this book is of immense importance and should be widely read. Anthony Ogus, CBE, FBA, University of Manchester, UK This important book addresses a number of key issues regarding the relationship between the rule of law and development. It presents a deep and insightful inquiry into the current orthodoxy that the rule of law is the panacea for the world s problems. The authors chart the precarious progress of law reforms both in overall terms and in specific policy areas such as the judiciary, the police, tax administration and access to justice, among others. They accept that the rule of law is necessarily tied to the success of development, although they propose a set of procedural values to enlighten this institutional approach. The authors also recognize that states face difficulties in implementing this institutional structures and identify the probable impediments, before proposing a rethink of law reform strategies and offering some conclusions about the role of the international community in the rule of law reform. Reviewing the progress in the rule of law reform in developing countries, specifically four regions Latin America, Africa, Central and Eastern Europe, and Asia this book makes a significant contribution to the literature. It will be of great interest to scholars and advanced students, as well as practitioners in the field, including international and bilateral aid agencies working on rule of law reform projects, and international and regional non-governmental organiza