Common Law And Modern Society

Author : P. S. Atiyah
Publisher : Oxford University Press, USA
Page : 176 pages
File Size : 54,6 Mb
Release : 1983
Category : Language Arts & Disciplines
ISBN : STANFORD:36105037455800

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Law and Modern Society by P. S. Atiyah Pdf

The law in a modern society is a bulky and complex instrument, with a tendency to become less fixed, less rule-oriented, and more discretionary. An institution made by men for the government of men, the law today can all too readily confuse and dismay us. How and why is so much new law made? By what right does a judge order that a man be sent to jail? Why is so much law so bad, and why should we, the people, accept the laws made by those who claim the right to govern us? In this lucid, stimulating and completely updated survey which presupposes no specialist knowledge of the subject, P. S. Atiyah introduces the reader to a number of fundamental issues about the law, the legal profession, and the adjudicative process. This new edition gives greater emphasis to the effect of membership of the European Community on English law, and gives an expanded account of the European convention on Human Rights with its subsequent effects on English law. Atiyah also looks at the recent controversy over the independence of the judiciary, problems arising from the cost of legal services and legal aid, and the many appalling miscarriages of justice which have disfigured the legal system in the past decade.

Author : Mary Arden
Publisher : Oxford University Press
Page : 328 pages
File Size : 53,7 Mb
Release : 2015
Category : Law
ISBN : 9780198755845

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Common Law and Modern Society by Mary Arden Pdf

Law is a lasting social institution, but it must also be responsive to change. In this volume Mary Arden draws upon her experience to examine how judge-made law adapts to the evolving demands of society, how law reform works in practice, and the future of the judiciary in our diverse modern culture.

Author : W. T. Murphy
Publisher : Oxford University Press
Page : 292 pages
File Size : 50,5 Mb
Release : 1997
Category : Law
ISBN : 019826559X

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The Oldest Social Science? by W. T. Murphy Pdf

This original book challenges the assumption that the post-war period is hallmarked by the triumph of the rule of law. It presents a sophisticated interpretation of the true role played by law in modern society, sidestepping the usual emphasis in legal theory on normative questions. Tim Murphy approaches his subject by focusing on adjudication as a social practice and as a set of governmental techniques. From this viewpoint, he explores how the relationship between law, government and society has changed in the course of history in significant ways. In so doing, he addresses the central concerns of scholars, students, and the public in relation to the future of law.

Author : Mary Arden
Publisher : Oxford University Press
Page : 280 pages
File Size : 49,8 Mb
Release : 2015-12-17
Category : Law
ISBN : 9780191074004

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Common Law and Modern Society by Mary Arden Pdf

Law is a lasting social institution, but it must also be open to change. How is law made, and what prompts change? How can society influence the law, and how does the law respond to societal change? The first volume of Shaping Tomorrow's Law examined human rights and European law. In this second volume Mary Arden turns her attention to domestic law, providing a judge's viewpoint on the roles of society, government, and the judiciary in the transformation and reform of the law. The first section of Common Law and Modern Society explains what we mean by judge-made law and shows how the law responds to the needs of a changing society. Adaptation may be in response to shifting values, or in response to constitutional change. This is demonstrated in chapters on assisted reproduction and assisted dying, both modern concerns, and a far older example, that of the law on water, which has been evolving over the centuries in response to society's changing demands. The law also needs to reflect constitutional change, as in the case of Welsh devolution. The second section of the book looks at the necessary simplification of the law and systematic legal reform. These tasks lie at the heart of the work of the Law Commission, which celebrated its 50th anniversary in 2015. Drawing on her own experience as former Chairman of the Law Commission, Mary Arden argues that statute law can be made simpler by codification, and that the success of codification may vary depending on the field of law. The final section looks ahead to tomorrow's judiciary. The accountability of judges is a continuing area of discussion, and this includes ensuring that the reasoning behind their decisions is understood by the relevant people. Mary Arden goes on to argue that the vision for the judiciary today and tomorrow should be one of greater diversity in the widest sense. This will help to ensure not only greater fairness and wider opportunity but also better decision-making. The book concludes with advice and encouragement for future legal professionals.

Author : Denis Galligan
Publisher : OUP Oxford
Page : 400 pages
File Size : 54,7 Mb
Release : 2006-09-14
Category : Law
ISBN : 9780191018862

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Law in Modern Society by Denis Galligan Pdf

Providing an introduction to law in modern society, D. J. Galligan considers how legal theory, and particularly H. L. A Hart's The Concept of Law, has developed the idea of law as a highly developed social system, which has a distinctive character and structure, and which shapes and influences people's behaviour. The concept of law as a distinct social phenomenon is examined through reference to, and analysis of, the work of prominent legal and social theorists, in particular M. Weber, E. Durkheim, and N. Luhmann. Galligan's approach is guided by two main ideas: that the law is a social formation with its own character and features, and that at the same time it interacts with, and is affected by, other aspects of society. In analysing these two ideas, Galligan develops a general framework for law and society within which he considers various aspects including: the nature of social rules and the concept of law as a system of rules; whether law has particular social functions and how legal orders run in parallel; the place of coercion; the characteristic form of modern law and the social conditions that support it; implementation and compliance; and what happens when laws are used to change society. Law in Modern Society encourages legal scholars to consider the law as an expression of social relations, examining the connections and tensions between the positive law of modern society and the spontaneous relations they often try to direct or change.

Author : Roberto Mangabeira Unger
Publisher : Simon and Schuster
Page : 324 pages
File Size : 45,6 Mb
Release : 1977-07
Category : Law
ISBN : 9780029328804

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Law in Modern Society by Roberto Mangabeira Unger Pdf

"Law in Modern Society" is a comparative study of the place of law in societies as well as a criticism of social theory. Under what conditions do different kinds of law emerge? What are the bases of the rule of law ideal that marks advanced liberal, capitalist societies? What can the study of law teach us about social hierarchy and moral vision in these societies, and, indeed, about the specificity of Western civilization? Why do we find it necessary to struggle for the rule of law and impossible to achieve it? What political possibilities are closed or opened by present-day changes in the established styles of legality and legal thought? Unger deals with these questions in a broad range of historical settings. But he also relates them to the central issues of social theory: the method of explanation, the conditions of social order, and the nature of 'modern' society. the book argues that to resolve its own internal dilemmas the science of society must once again become both metaphysical and political.

Author : W. Friedmann
Publisher : Univ of California Press
Page : 546 pages
File Size : 45,5 Mb
Release : 2023-11-10
Category : Social Science
ISBN : 9780520345355

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Law in a Changing Society by W. Friedmann Pdf

Author : Philip Girard,Jim Phillips,R. Blake Brown
Publisher : University of Toronto Press
Page : 928 pages
File Size : 43,8 Mb
Release : 2018-01-01
Category : Law
ISBN : 9781487504632

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A History of Law in Canada, Vol. 1 by Philip Girard,Jim Phillips,R. Blake Brown Pdf

A History of Law in Canada is the first of two volumes. Volume one begins at a time just prior to European contact and continues to the 1860s, while volume two will start with Confederation and end at approximately 2000. The history of law includes substantive law, legal institutions, legal actors, and legal culture. The authors assume that since 1500 there have been three legal systems in Canada - the Indigenous, the French, and the English. At all times, these systems have co-existed and interacted, with the relative power and influence of each being more or less dominant in different periods. The history of law cannot be treated in isolation, and this book examines law as a dynamic process, shaped by and affecting other histories over the long term. The law guided and was guided by economic developments, was influenced and moulded by the nature and trajectory of political ideas and institutions, and variously exacerbated or mediated intercultural exchange and conflict. These themes are apparent in this examination, and through most areas of law including land settlement and tenure, and family, commercial, constitutional, and criminal law.

Author : Roscoe Pound
Publisher : Routledge
Page : 245 pages
File Size : 46,7 Mb
Release : 2018-04-24
Category : Law
ISBN : 9781351302708

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The Spirit of the Common Law by Roscoe Pound Pdf

The Spirit of the Common Law is one of Roscoe Pound's most notable works. It contains the brilliant lectures he delivered at Dartmouth College in the summer of 1921. It is a seminal book embodying the spiritual essence of sociological jurisprudence by its leading prophet. This work is both a celebration of the common law and a warning for common law judges and lawyers to return to and embrace the pragmatism and judicial empiricism that define and energize the common law. The two fundamental doctrines of the common law, Pound writes, are the doctrine of precedents and the doctrine of supremacy of law.In an earlier preface, Justice Arthur J. Goldberg writes that The Spirit of the Common Law will always be treasured by judges and lawyers for its philosophy and history, but more importantly for Roscoe Pound's optimism and faith in the capacity of law to keep up with the times without sacrificing fundamental values. It is a faith built upon the conviction that the present is not to be divorced from the past, but rather that the past and the present are to be built upon to make a better future. Neil Hamilton and Mathias Alfred Jaren provide a biographical introduction to the book. They discuss the various influences upon Pound's scholarly pursuits and they analyze many of his writings that led up to The Spirit of the Common Law. This volume is a necessary addition to the libraries of legal scholars and professionals, sociologists, and philosophers.

Author : Louis A. Knafla,Susan Wendy Strickland Binnie
Publisher : Unknown
Page : 730 pages
File Size : 47,6 Mb
Release : 1995
Category : Law
ISBN : UOM:39015035014938

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Law, Society, and the State by Louis A. Knafla,Susan Wendy Strickland Binnie Pdf

A collection of original essays on the interaction of law and society within communities, societies, and states in common law jurisdictions of the former British empire. While the focus is on Canada, the areas covered range from southeast Asia to the US, encompassing the themes of comparative colonial legal experiences; disorder, unrest, and state intervention; gender and the law; and the archival sources of the central state, local police forces, and the legal profession. An analytical introduction by the editors frames the context. Paper edition (unseen), $24.95. Annotation copyright by Book News, Inc., Portland, OR

Author : Mary Arden
Publisher : Unknown
Page : 0 pages
File Size : 46,9 Mb
Release : 2015
Category : Common law
ISBN : 0198728573

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Shaping Tomorrow's Law by Mary Arden Pdf

Author : Franz Neumann
Publisher : Berg Publishers
Page : 384 pages
File Size : 40,8 Mb
Release : 1986
Category : Jurisprudence
ISBN : UOM:39015012149301

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The Rule of Law by Franz Neumann Pdf

Author : Ruben Alvarado
Publisher : WordBridge Publishing
Page : 163 pages
File Size : 43,5 Mb
Release : 2009-08
Category : Law
ISBN : 9789076660073

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Common Law & Natural Rights by Ruben Alvarado Pdf

Common law is explored as the alternative to natural rights as a means of restricting state power. The separation of powers is weighed in the balance and found wanting as a brake on state power. The underlying root of this inability is discovered in the philosophy of natural rights. Natural rights gave birth to the separation of powers, but neither the former nor the latter has been able to restrain government. This failure is highlighted in detail, and the alternative means to the same end, the common law, is brought to the fore.

Author : Mary Arden
Publisher : Oxford University Press
Page : 280 pages
File Size : 51,9 Mb
Release : 2015-12-17
Category : Law
ISBN : 9780191074011

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Common Law and Modern Society by Mary Arden Pdf

Law is a lasting social institution, but it must also be open to change. How is law made, and what prompts change? How can society influence the law, and how does the law respond to societal change? The first volume of Shaping Tomorrow's Law examined human rights and European law. In this second volume Mary Arden turns her attention to domestic law, providing a judge's viewpoint on the roles of society, government, and the judiciary in the transformation and reform of the law. The first section of Common Law and Modern Society explains what we mean by judge-made law and shows how the law responds to the needs of a changing society. Adaptation may be in response to shifting values, or in response to constitutional change. This is demonstrated in chapters on assisted reproduction and assisted dying, both modern concerns, and a far older example, that of the law on water, which has been evolving over the centuries in response to society's changing demands. The law also needs to reflect constitutional change, as in the case of Welsh devolution. The second section of the book looks at the necessary simplification of the law and systematic legal reform. These tasks lie at the heart of the work of the Law Commission, which celebrated its 50th anniversary in 2015. Drawing on her own experience as former Chairman of the Law Commission, Mary Arden argues that statute law can be made simpler by codification, and that the success of codification may vary depending on the field of law. The final section looks ahead to tomorrow's judiciary. The accountability of judges is a continuing area of discussion, and this includes ensuring that the reasoning behind their decisions is understood by the relevant people. Mary Arden goes on to argue that the vision for the judiciary today and tomorrow should be one of greater diversity in the widest sense. This will help to ensure not only greater fairness and wider opportunity but also better decision-making. The book concludes with advice and encouragement for future legal professionals.

Author : Theodore Frank Thomas Plucknett
Publisher : The Lawbook Exchange, Ltd.
Page : 828 pages
File Size : 55,5 Mb
Release : 2001
Category : Common law
ISBN : 9781584771371

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A Concise History of the Common Law by Theodore Frank Thomas Plucknett Pdf

Originally published: 5th ed. Boston: Little, Brown and Co., 1956.