Potter's Outlines of English Legal History

Potter's Outlines of English Legal History PDF Author: Harold Potter
Publisher: London: Sweet & Maxwell
ISBN:
Category : Droit
Languages : en
Pages : 314

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Book Description

A Short Outline of English Legal History

A Short Outline of English Legal History PDF Author: Harold Potter
Publisher:
ISBN:
Category : England
Languages : en
Pages : 360

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Book Description

Beyond the Formalist-Realist Divide

Beyond the Formalist-Realist Divide PDF Author: Brian Z. Tamanaha
Publisher: Princeton University Press
ISBN: 1400831989
Category : Law
Languages : en
Pages : 265

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Book Description
According to conventional wisdom in American legal culture, the 1870s to 1920s was the age of legal formalism, when judges believed that the law was autonomous and logically ordered, and that they mechanically deduced right answers in cases. In the 1920s and 1930s, the story continues, the legal realists discredited this view by demonstrating that the law is marked by gaps and contradictions, arguing that judges construct legal justifications to support desired outcomes. This often-repeated historical account is virtually taken for granted today, and continues to shape understandings about judging. In this groundbreaking book, esteemed legal theorist Brian Tamanaha thoroughly debunks the formalist-realist divide. Drawing from extensive research into the writings of judges and scholars, Tamanaha shows how, over the past century and a half, jurists have regularly expressed a balanced view of judging that acknowledges the limitations of law and of judges, yet recognizes that judges can and do render rule-bound decisions. He reveals how the story about the formalist age was an invention of politically motivated critics of the courts, and how it has led to significant misunderstandings about legal realism. Beyond the Formalist-Realist Divide traces how this false tale has distorted studies of judging by political scientists and debates among legal theorists. Recovering a balanced realism about judging, this book fundamentally rewrites legal history and offers a fresh perspective for theorists, judges, and practitioners of law.

Comparative Studies in Continental and Anglo-American Legal History

Comparative Studies in Continental and Anglo-American Legal History PDF Author: Daniel R. Coquillette
Publisher: Duncker & Humblot
ISBN: 9783428461776
Category : Law
Languages : en
Pages : 310

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Book Description
The Civilian Writers of Doctors' Commons, London : Three Centuries of Juristic Innovation in Comparative, Commercial and International Law.

Katalog 1946-1965

Katalog 1946-1965 PDF Author: Sweden. Riksdagsbiblioteket
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 960

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The National Union Catalog, Pre-1956 Imprints

The National Union Catalog, Pre-1956 Imprints PDF Author:
Publisher:
ISBN:
Category : Union catalogs
Languages : en
Pages : 712

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Outlines of Indian Legal & Constitutional History

Outlines of Indian Legal & Constitutional History PDF Author: Mahendra Pal Singh
Publisher: Universal Law Publishing
ISBN: 9788175345584
Category : Constitutional history
Languages : en
Pages : 244

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Book Description

The Royal Prerogative and Constitutional Law

The Royal Prerogative and Constitutional Law PDF Author: Noel Cox
Publisher: Routledge
ISBN: 1000171566
Category : History
Languages : en
Pages : 285

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Book Description
This book examines the royal prerogative in terms of its theory, history and application today. The work explores the development of the royal prerogative through the evolution of imperial government, and more recent structural changes in the United Kingdom and elsewhere in the Commonwealth. While examining specific prerogative powers, the development of justiciability of the prerogative, and the exercise of the prerogative, it lays bare the heart of constitutionality in the Westminster system of government. There is said to be a black hole of unaccountable authority at the heart of the constitution and it is this which this book examines. The focus is upon the constitutional development of the United Kingdom and the old dominions of Canada, Australia and New Zealand. This approach is comparative and historical, using specific case studies of such events as the dissolution of Parliament and the appointment and dismissal of Prime Ministers. The book will be of interest to academics and researchers working in the areas of Constitutional Law and Politics.

Law Notes

Law Notes PDF Author: Albert Gibson
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 380

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Book Description

Part I: The Business of Judging ;The Judge as Juror: The Judicial Determination of Factual Issues ;The Judge as Lawmaker: An English Perspective ;The Discretion of the Judge ;Part II: Judges in Society ;Judicial Independence ;Judicial Ethics ;Part III: The Wider World ;`There is a World Elsewhere': The Changing Perspectives of English Law ;Law in a Pluralist Society ;Speech on the Jubilee of the Supreme Court of India ;Part IV: Human Rights ;The European Convention on Human Rights: Time to Incorporate ;Opinion: Should there be a Law to Protect Rights of Personal Privacy? ;The Way We Live Now: Human Rights in the New Millennium ;Tort and Human Rights ;Part V: Public Law ;Should Public Law Remedies be Discretionary? ;The Old Despotism ;Mr Perlzweig, Mr Liversidge, and Lord Atkin ;Part VI: The Constitution ;The Courts and the Constitution ;Anglo-American Reflections ;Part VII: The English Criminal Trial ;The English Criminal Trial: The Credits and the Debits ;Justice and Injustice ;Silence is Golden - or is it? ;A Criminal Code: Must We Wait for Ever? ;Part VIII: Crime and Punishment ;The Sentence of the Court ;Justice for the Young ;The Mandatory Life Sentence for Murder ;Speech on the Second Reading of the Crime (Sentences) Bill ;Part IX: Miscellaneous ;Address to the Centenary Conference of the Bar ;Who Then in Law is my Neighbour? ;The Future of the Common Law ;Lecture at Toynbee Hall on the Centenary of its Legal Advice Centre ;Address at the Service of Thanksgiving for Rt Hon Lord Denning OM

Part I: The Business of Judging ;The Judge as Juror: The Judicial Determination of Factual Issues ;The Judge as Lawmaker: An English Perspective ;The Discretion of the Judge ;Part II: Judges in Society ;Judicial Independence ;Judicial Ethics ;Part III: The Wider World ;`There is a World Elsewhere': The Changing Perspectives of English Law ;Law in a Pluralist Society ;Speech on the Jubilee of the Supreme Court of India ;Part IV: Human Rights ;The European Convention on Human Rights: Time to Incorporate ;Opinion: Should there be a Law to Protect Rights of Personal Privacy? ;The Way We Live Now: Human Rights in the New Millennium ;Tort and Human Rights ;Part V: Public Law ;Should Public Law Remedies be Discretionary? ;The Old Despotism ;Mr Perlzweig, Mr Liversidge, and Lord Atkin ;Part VI: The Constitution ;The Courts and the Constitution ;Anglo-American Reflections ;Part VII: The English Criminal Trial ;The English Criminal Trial: The Credits and the Debits ;Justice and Injustice ;Silence is Golden - or is it? ;A Criminal Code: Must We Wait for Ever? ;Part VIII: Crime and Punishment ;The Sentence of the Court ;Justice for the Young ;The Mandatory Life Sentence for Murder ;Speech on the Second Reading of the Crime (Sentences) Bill ;Part IX: Miscellaneous ;Address to the Centenary Conference of the Bar ;Who Then in Law is my Neighbour? ;The Future of the Common Law ;Lecture at Toynbee Hall on the Centenary of its Legal Advice Centre ;Address at the Service of Thanksgiving for Rt Hon Lord Denning OM PDF Author: The late Tom Bingham
Publisher: Oxford University Press, USA
ISBN: 0199693358
Category : Law
Languages : en
Pages : 444

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Book Description
Collecting the most important writings of Tom Bingham during his time in judicial office before the House of Lords, The Business of Judging is written for anyone with an interest in public affairs. It offers an absorbing account of the law and the courts in public life, presenting Bingham's reflections on the judicial role and the common law.