Common law Books

Book SynopsisThe only variorum edition of Blackstone's seminal treatise on the common law, tracing the evolution of Blackstone's thought from the first to the ninth edition. The fourth volume addresses central topics of criminal law, known as 'public wrongs'.Trade Reviewa unique and valuable contribution to scholarship ... future scholars will benefit immensely from this exceptionally valuable contribution to legal history. * Ian Williams, The Journal of Legal History *Blackstone's Commentaries remain a central source for understanding both historical and modern Anglo-American law - as well as many debates in Anglo-American legal philosophy - and Oxford University Press's new edition of the Commentaries offers a valuable resource for studying them. * Brian Bix, Frederick W. Thomas Professor of Law and Philosophy, Jotwell *Table of ContentsBOOK THE FOURTH: OF PUBLIC WRONGS; APPENDIX

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Book SynopsisOxford''s variorum edition of William Blackstone''s seminal treatise on the common law of England and Wales offers the definitive account of the Commentaries'' development in a modern format. For the first time it is possible to trace the evolution of English law and Blackstone''s thought through the eight editions of Blackstone''s lifetime, and the authorial corrections of the posthumous ninth edition. Introductions by the general editor and the volume editors set the Commentaries in their historical context, examining Blackstone''s distinctive view of the common law, and editorial notes throughout the four volumes assist the modern reader in understanding this key text in the Anglo-American common law tradition. Book I: Of the Rights of Persons covers the key topics of constitutional and public law. Blackstone''s inaugural lecture ''On the Study of the Law'' introduces a series of general essays on the nature of law, including a chapter on ''The Absolute Rights of Individuals'' . ThiTrade Reviewa unique and valuable contribution to scholarship ... future scholars will benefit immensely from this exceptionally valuable contribution to legal history. * Ian Williams, The Journal of Legal History *Blackstone's Commentaries remain a central source for understanding both historical and modern Anglo-American law - as well as many debates in Anglo-American legal philosophy - and Oxford University Press's new edition of the Commentaries offers a valuable new resource for studying them. * Brian Bix, Frederick W. Thomas Professor of Law and Philosophy, Jotwell *Table of ContentsINTRODUCTION; BOOK I: OF THE RIGHTS OF PERSONS

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Book SynopsisThe only variorum edition of Blackstone's seminal treatise on the common law, tracing the evolution of Blackstone's thought from the first to the ninth edition. The second volume addresses central topics of land and property law, known as 'the rights of things'.Trade Reviewa unique and valuable contribution to scholarship ... future scholars will benefit immensely from this exceptionally valuable contribution to legal history. * Ian Williams, The Journal of Legal History *Blackstone's Commentaries remain a central source for understanding both historical and modern Anglo-American law - as well as debates in Anglo-American legal philosophy - and Oxford University Press's new edition of the Commentaries offers a valuable new resource for studying them. * Brian Bix, Frederick W. Thomas Professor of Law and Philosophy, Jotwell *Table of ContentsBOOK THE SECOND: OF THE RIGHTS OF THINGS

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Book SynopsisThis original book fills a significant gap in legal literature by providing an exploration of research methodologies in public law, a field of research in which research methods are becoming increasingly prominent and sophisticated. Featuring thoughtful chapters written by leading scholars in the field, this book provides a thorough explanation of the key features, characteristics, and challenges of distinct methodological approaches to public law research. Divided into four broad categories; traditional, institutional, technical and critical, chapters cover a wide range of approaches, from doctrinal and interpretive methods to empirical, socio-legal, and Marxist approaches. The book promotes critical reflection on many of the most common methodological approaches and aims to demystify research methodologies in public law for new scholars and interdisciplinary researchers alike.Researching Public Law in Common Law Systems will be essential reading for academics and students in public law, suitable for advanced scholars and those who are new to the field. It will also be relevant to those with an interest in empirical methods, legal methods, and research methodologies more broadly in the social sciences.Trade Review‘Public law scholarship in recent years has become richer and more complex – expanding our capacity to address new questions, but also creating new methodological challenges. In this important new volume, Paul Daly and Joe Tomlinson bring together some of the leading public lawyers in the common law world to help unpack and navigate these challenges. Bringing together theoretical, doctrinal, sociolegal and comparative perspectives, the volume is essential reading for those new to and established in the field.’ -- Rosalind Dixon, University of New South Wales, Australia‘Public law scholarship in recent years has become richer and more complex – expanding our capacity to address new questions, but also creating new methodological challenges. In this important new volume, Paul Daly and Joe Tomlinson bring together some of the leading public lawyers in the common law world to help unpack and navigate these challenges. Bringing together theoretical, doctrinal, sociolegal and comparative perspectives, the volume is essential reading for those new to and established in the field.’ -- Rosalind Dixon, University of New South Wales, Australia‘This excellent collection shines a bright light onto issues of method in public law research. It is a hugely useful and welcome contribution to the field, and is a “must-read” for anyone engaging seriously with the question of how we know what we think we know.’ -- Simon Halliday, University of Strathclyde, UKTable of ContentsContents: List of contributors vii 1 Introduction to Researching Public Law in Common Law Systems 1 Paul Daly and Joe Tomlinson PART I THE TRADITIONAL 2 History to Understand, and History to Reform, English Public Law 25 J.W.F. Allison 3 Interpretive Theory in Public Law 58 Farrah Ahmed and Adam Perry 4 Mapping Doctrinal Methods 70 Jason NE Varuhas PART II THE INSTITUTIONAL 5 Researching Public Law and the Administrative State 105 Paul Daly and Joe Tomlinson 6 Public Law and Legislative Studies 118 Louise Thompson 7 Studying Judicial Decision-making 136 Emmett Macfarlane PART III THE TECHNICAL 8 Comparative Public Law 151 Theunis Roux 9 Mapping the Theoretical Turn in British Public Law Scholarship 175 Samuel Tschorne and Martin Loughlin vi Researching public law in common law systems 10 Public Law and Empirical Legal Research 207 Sarah Nason PART IV THE CRITICAL 11 Marxism and Public Law 231 Paul O’Connell 12 But Interrupting the Flow … Socio-Legal Approaches to Public Law 251 Helen Carr and Ed Kirton Darling 13 Public Law in Indigenous Contexts: Indigenous Law in the Contexts of Public Law 270 Janna Promislow Index 294

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Book SynopsisThis, the first volume to appear in the landmark new Oxford History of the Laws of England series, covers the years 1483 - 1558, a period of immense social, political, and intellectual change, which profoundly affected the law and its workings.Trade ReviewThis volume of The Oxford History of the Laws of England, the first of twelve volumes to appear in print, is a remarkable achievement. A work of vast erudition, based on exhaustive research in the manuscript as well as printed sources, it provides comprehensive coverage of all aspects of the law during the early Tudor period while also presenting a unifying thesis that is rare in works of this sort. To the extent that the volume incorporates much of Baker's earlier scholarship, it also serves as a monument to his unrivaled contribution to the field of early modern English legal history. * Brian P. Levack, Law and History Review Vol 23, No. 3 *There can be no doubt that this series will stand as an enduring testament to the sheer fecundity of the contemporary study of English legal history. * Law Quarterly Review *Despite the mass of scholarship shoe-horned into its pages, great care has been taken that this volume should be reasonably accessible to non-specialists and it is ... an excellent volume. * Law Quarterly Review *Table of ContentsPreface ; Contents ; Abbreviations ; Table of Cases ; Table of Statutes ; I. English Law and the Renaissance ; II. The Constitution ; III. Courts ; IV. Civil Proceedure and Pleading ; V. The Legal Profession and its Learning ; VI. Criminal Law and Procedure ; VII. Persons ; VIII. The Law of Property ; IX. The Law of Torts ; X. The Law of Contract ; Bibliography ; Index of People and Places ; Index of Matters

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Book SynopsisThis 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.Trade Reviewengaging and profoundly subversive book...If there is a more painstaking and ingenious researcher of local knowledge, a shrewder and more avid excavator of miscellanies, than Brian Simpson, I have never run across him: Simpson seems to have dug up pretty nearly everything that seems even remotely relevant to understanding his cases, and a great deal more besides. Indeed, so overwhelming is the mass of contextual detail that the reader is rescued from psychic inundation only by the inherent fascination of much of the background and Simpson's seductive charm as a storyteller. This is a very funny book. * Michigan Law Review *This book is a classic. Professor Simpson, who is one of the world's greatest legal historians, has comprehensively reserached the background to a number of leading cases in the common law. * International Trade and Business Law Journal *his historical miniatures are valuable...Each historical interlude is well-reserached, sympathetic and well-written in Professor Simpson's laconic and ironic style. The volume is particularly recommended to beginning law students, to reassure them that the real world of the law is firmly placed in the real world of human passions and desires. * Ottawa Law Review *A good-humoured and forgiving cynicism pervades his interpretation of the legal past. * The Cambridge Law Journal *Leading Cases in the Common Law should be on the shelves of all academic, courthouse and large private law libraries, and in the personal collection of every lawyer who ever wondered about the nature of the law and what they do all day. Not only is this book informative and educational, it is also a good read...Professor Simpson has produced a most useful and welcome addition to a too often neglected area of legal scholarship. * Canadian Law Libraries *Three of four of the ten pieces in this collection were published earlier, and some are already modern classics...These pieces show an astonishing erudition and breadth of historical knowledge, and will delight and instruct both specialists and general readers... This summary of the contents should justify any lover of the common law in reading the book... He is born story-teller, and often the case-law he selects seems only to be a pretext to tell the reader something interesting and amusing about the past...May we see many more books flow from Professor Simpson's wonderful and original pen. * Legal History *Table of ContentsIntroduction ; The Study of Cases ; Politics and Law in Elizabethan England: Shelley's Case ; The Timeless Principles of Common Law: Keeble V. Hickeringill (1707) ; Legal Science and Legal Absurdity: Jee v. Audley ; The Beauty of Obscurity Raffles v. Wickelhaus and Busch ; Victorian Judges and the Problems of Social Cost: Tipping v. St Helen's Smelting Company (1865) ; Bursting Reservoirs and Victorian Tort Law: Rylands and Horrocks v. Fletcher (1868) ; The Ideal of the Rule of Law: Regina v. Keyn (1876) ; Quackery and Contract Law: Carlill v. Carbolic Smoke Ball Company (1893)

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Book SynopsisThis collection of essays brings together the work of many of the world''s leading Contract Law scholars. It focuses upon a common central theme---the question of good faith and fair dealing in the Law of Contract. The book is divided into several parts: the first part is an Introduction; Part II examines the requirement of good faith and its role in the formation of contracts; Part III is concerned with contractual obligations; Part IV examines Breach of Contract and Remedial Issues. The work will be of widespread interest to scholars of Private Law in both Common and Civil Law jurisdictions.Trade Reviewexcellent collection of essays.../ It is an extremely important contribution to the burgeoning literature on fairness, good faith and contract theory more generally./ ... it is most appropriate as backup reading for students doing courses in contract, commercial or consumer law at undergraduate and postgraduate level... it will be very important backup reading, as it has something to say on most of the key areas in a contract law course./ Chris Willett, University of Warwick, Student Law Review, Spring 1999, Vol 26.

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Book SynopsisThis volume is based closely on the lectures delivered by The Hon. Justice W. M. C. Gummow at Oxford University in 1999 as part of the Clarendon law lectures series, sponsored by Oxford University Press. These lectures take up themes of continuity and change in the law, particularly as they appear in the great common law jurisdictions.Trade ReviewThe strength of Justice Gummow's work is its detailed and authoritive discussion concerning the various approaches used to develop and adapt the law. The table of cases and index are convenient additions to the text. Change and continuity: statute, equity, and federalism is thought-provoking reading and offers an informative perspective of the nature of law and doctrinal development. * International Trade and Business Law Annual *What Gummow has to say is a useful and delicate balance of theory and legal analysis. * J.H.Bogart, The Law and Politics Book Review Vol.10 No.3, March 2000. *What Gummow has to say is a useful and delicate balance of theory and legal analysis. * J H Bogart, The Law and Politics Book Review Vol 10 No 3 (March 2000) *...Justice Gummow gives us plenty of food for thought. * Roger Brownsword Law Quaterly Review October 2000 *"...there is a great deal of subject matter and thought in this small, yet panoramic, treatise." * Prof P H Lane The Australian Law Journal November 2000 *Table of ContentsPreface ; Table of Cases ; Lecture 1 The Common Law and Statute ; Lecture 2 Equity Follows the Law ; Lecture 3 Federalism ; Index

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Book SynopsisEnglish Legal System Concentrate is written and designed to help you succeed. Written by experts and covering all key topics, Concentrate guides help focus your revision and maximise your exam performance. Each guide includes revision tips, advice on how to achieve extra marks, and a thorough and focused breakdown of the key topics and cases. Revision guides you can rely on: trusted by lecturers, loved by students... I have always used OUP revision and Q&A books and genuinely believe they have helped me get better grades - Anthony Poole, law student, Swansea UniversityThe detail in this revision textbook is phenomenal and is just what is needed to push your exam preparation to the next level - Stephanie Lomas, law student, University of Central LancashireIt is a little more in-depth than other revision guides, and also has clear diagrams and teaches ways to obtain extra marks. These features make it unique - Godwin Tan, law student, University College LondonThe concentrate revision guiTrade ReviewProvides the perfect amount of information. Detailed without being too long or cumbersome, succinct but doesn't miss anything out. Absolutely spot on. * Hollie Walsh, law student, University of Manchester *Clear, concise, and very useful for building your understanding of tricky concepts. A great help for revision, clarification, and seminar preparation! * Meraj Sakaria, law student, Swansea University *Table of Contents1: Introduction to the English Legal System 2: Introduction to Sources of Law and Court Structure 3: Sources of Law I: Domestic Legislation 4: Sources of Law II: Case Law 5: Sources of Law III: Effect of EU and International Law 6: Personnel of the English Legal System 7: The Criminal Justice System 8: The Civil Justice System 9: Funding Access to the English Legal System

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Book SynopsisThe common law is almost universally regarded as a system of case-law, increasingly supplemented by legislation, but this is only partly true. There is an extensive body of lawyers'' law which has a real existence outside the formal sources but is seldom acknowledged or discussed either by theorists or legal historians. This will still be so even when every judicial decision is electronically accessible. In the heyday of the inns of court, this second body of law was partly expressed in `common learning''. a corpus of legal doctrine handed on largely by oral tradition and a system of education informing the mind of every common lawyer. That common learning emanated from a law school in which the judges actively participated, and in which the lecturers of one generation provided the judiciary of the next. Some of it was written down, though the texts were until recently forgotten, and its importance was overlooked by historians as a result of changes in the common-law system during the Trade ReviewThere is much here to engage and challenge the historian. * English Historical Review *The Law's Two Bodies is undoubtedly of general interest to legal historians of any period, as well as to other critical analysts of law and its interpretation, at two levels. Firstly, Baker's lectures are an important lesson in how the meaning (or a fuller meaning; or an alternative meaning) of written law in its various forms may be found by researching related systems of legal knowledge, such as the education of legal personnel. Secondly, The Law's Two Bodies is a valuable study of how recorded law is not necessarily the absolute source of authority it may appear - or be claimed - to be. * Law Quarterly Review *Table of ContentsI. Case-Law and Statute-Law ; II. Legal Fictions ; III. Common Usage and Common Learning ; Appendices: Some Illustrative Texts ; A. Common Practice and Communis Error ; B. Fictions in Writs and Pleadings ; C. Fictions in Trial: Benefit of Clergy for Laymen ; D. Linguistic Fictions ; E. Improper Fictions ; F. Common Learning ; G. Opinions of Counsel ; Index

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Book SynopsisThere are many countries that use and apply the common law, which collectively may be called the common law world. A feature of this world is that nowadays it largely operates through statutes enacted by a country''s democratic legislature, and that these mainly fall to be construed according to a uniform system of rules, presumptions, principles and canons evolved over centuries by common law judges. The statutes subject to this interpretative regime may be called common law statutes. They are the main subject of this book, along with the said uniform system. The book distills and updates within a brief compass the author''s published writings on statute law and statutory interpretation which span a period of nearly forty years, being contained in half a dozen books and many more articles. The chief books are Statute Law (Longman, third edition 1990), Halsbury''s Laws of England, Title Statutes (Butterworths, 4th edition reissue 1995), and Bennion on Statutory Interpretation (LexisNexTrade ReviewFrancis Bennion brings with him years of experience in legislative drafting ... The treatment is uniformly illuminating, and the style is homely. * The Commonwealth Lawyer *Readers who have come to expect a degree of iconoclasm from Francis Bennion will not be disappointed. he includes the occasional throwaway line which reverberates. All this serves only to increase the pleasure of reading the book: it never affects the careful objectivity which Bennion brings to bear on his subject. * Law Quarterly Review Vol. 118, July 2002 *... fascinating and entertaining ... The text is clear and accessible, enlivened by examples and enhanced by chapter summaries. * New Law Journal, 8 Feb 2002 *For Bennion: "Legislation is what the legislator says it is. The meaning of legislation is what the court says it is"...A major difference in craft, which Bennion highlights, lies in the drafting style of legislation in the common law...the issues of differences in drafting may be less of a problem in relation to legal interpretation and be more of a matter concerning what Bennion helpfully describes as "law management"-the techniques of dealing with statutory materials. In terms of "learning the craft of law", techniques of law management may be more significant than techniques of legal interpretation. Bennion's work is at its clearest in describing the procedures to be followed for processing an enactment...As he suggests, the process of understanding and compiling a statute depends on understanding how it was drafted in the first place... * Professor John Bell, Legal Studies, Vol. 22 No. 3, September 2002 *This book lays down most lucidly the fundamentals of common law legislation, the drafting techniques and the interpretation principles. In his voluminous treatise on Interpretation, Bennion has seminally carved out new spheres of interpretative jurisprudence and this book could be said to be a prologue to the main treatise. It proved very useful in the course on Interpretation as not many books give the jurisprudential foundations of interpretation principles which it does. * Rishabh Sancheti, National Law University, India, September 2006 *[This book] not only makes a good reading on understanding common law legislation but also delves into 'global techniques' of interpretation of statutes. It also offers a blue print of law curriculum on interpretation of statutes. * K. I. Vibhute, Scholastcus, January 2004 *Bennion is one of Great Britain's leading scholars in the area of statutory construction. This is one of the best books on statutory construction that I have read. * Gary O'Connor, Statutory Construction Zone *The book is based on writings which span nearly four decades. It covers not only issues relating to the enactment of common law statutes and the various rules governing their interpretation, but also legal policy, the nature of discretionary powers, the jurisprudential basis of the common law method, and techniques of law management. The treatment is uniformly illuminating and the style is homely. The author's philosophy is best summed up in his observation that, "Up and down the land, statutes are not some out of the way dusty nuisance. They are part of everyday life, and we had better understand them if we can." * Dr Venkat Iyer, The Commonwealth Lawyer vol.11 no.2, August 2002 *Bennion is outstanding in conceptualising statutory interpretation. * Jeffrey Barnes, Law Trobe University, Australia, 2001 *Table of Contents1. Basic concepts I: common law statutes; the enactment; legal meaning; factual outline and legal thrust; implied ancillary rules ; 2. Basic concepts II: opposing constructions; literal, purposive and developmental interpretations ; 3. Grammatical and strained meanings ; 4. Consequential and rectifying constructions ; 5. Contradictory enactments and updating construction ; 6. Drafting techniques and the Interpretation Act ; 7. Transitional provisions and the Cohen question ; 8. Words in pairs ; 9. Rules of interpretation ; 10. Legal policy ; 11. Interpretative presumptions ; 12. Linguistic canons and interpretative technique ; 13. The nature of judgment ; 14. The nature of discretion ; 15. The European Union and the HRA ; 16. The jurisprudential basis of the common law method ; 17. The common law system in America ; 18. Techniques of law management

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Book SynopsisOxford''s variorum edition of William Blackstone''s seminal treatise on the common law of England and Wales offers the definitive account of the Commentaries'' development in a modern format. For the first time it is possible to trace the evolution of English law and Blackstone''s thought through the eight editions of Blackstone''s lifetime, and the authorial corrections of the posthumous ninth edition. Introductions by the general editor and the volume editors set the Commentaries in their historical context, examining Blackstone''s distinctive view of the common law, and editorial notes throughout the four volumes assist the modern reader in understanding this key text in the Anglo-American common law tradition. Book I: Of the Rights of PeopleVolume Editor: David LemmingsBook II: Of the Rights of ThingsVolume Editor: Simon SternBook III: Of Private WrongsVolume Editor: Thomas P. GallanisBook IV: Of Public WrongsVolume Editor: Ruth Paley

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Book SynopsisOxford''s variorum edition of William Blackstone''s seminal treatise on the common law of England and Wales offers the definitive account of the Commentaries'' development in a modern format. For the first time it is possible to trace the evolution of English law and Blackstone''s thought through the eight editions of Blackstone''s lifetime, and the authorial corrections of the posthumous ninth edition. Introductions by the general editor and the volume editors set the Commentaries in their historical context, examining Blackstone''s distinctive view of the common law, and editorial notes throughout the four volumes assist the modern reader in understanding this key text in the Anglo-American common law tradition. Entitled Of Private Wrongs, Book III can be divided into three principal parts. The first describes the multiple courts in England and their jurisdictions, including the wrongs cognizable in each of them. The second describes some aspects of the substantive common law: wrongsTrade Reviewa unique and valuable contribution to scholarship ... future scholars will benefit immensely from this exceptionally valuable contribution to legal history. * Ian Williams, The Journal of Legal History *Blackstone's Commentaries remain a central source for understanding both historical and modern Anglo-American law - as well as many debates in Anglo-American legal philosophy - and Oxford University Press's new edition of the Commentaries offers a valuable new resource for studying them. * Brian Bix, Frederick W. Thomas Professor of Law and Philosophy, Jotwell *Table of ContentsBOOK THE THIRD: OF PRIVATE WRONGS

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Book SynopsisWhat does it mean when civil lawyers and common lawyers think differently? In Charting the Divide between Common and Civil Law, Thomas Lundmark provides a comprehensive introduction to the uses, purposes, and approaches to studying civil and common law in a comparative legal framework. Superbly organized and exhaustively written, this volume covers the jurisdictions of Germany, Sweden, England and Wales, and the United States, and includes a discussion of each country''s legal issues, structure, and their general rules. Professor Lundmark also explores the discipline of comparative legal studies, rectifying many of the misconceptions and prejudices that cloud our understanding of the divide between the common law and civil law traditions. Students of international law, comparative law, social philosophy, and legal theory will find this volume a valuable introduction to common and civil law. Lawyers, judges, political scientists, historians, and philosophers will also find this book valTrade ReviewThomas Lundmark rightly challenges taxonomic and static appreciation of 'legal families' in the world and does so in the most effective manner, through detailed and informed appreciation of the institutions of specific jurisdictions... The treatment is erudite and cosmopolitan, the conclusions irresistible. It is a splendid book. * H. Patrick Glenn, Peter M. Laing Professor of Law, McGill University *Thomas Lundmark explains what makes legal systems unique and questions the value of the conventional distinction between 'civil law' and 'common law' systems. He illustrates this through an impressive survey of scholarship, particularly on Germany and the USA, as well as England and Wales and Sweden. He offers a sophisticated picture of legal reasoning that includes the structure of language and jurisprudential traditions, professions, and the interpretation of statues and precedents. He demonstrates convincingly that such a picture reveals the individuality of legal systems and the need to avoid traditional stereotypes in the classification of legal families. * John Bell, Professor of Law, Faculty of Law, University of Cambridge, UK *This book is different! It is not about comparison at the level of specific doctrines of private law such as contract or tort law. Instead, it reaches out to the structural level and touches the very core of the different approaches that we can discern between Common Law and Civil Law. Lundmark's book offers new and fascinating deeper insights even to a reader who has been engaged in comparative law from an academic as well as from a practical aspect for decades. * Professor Dr. Ingeborg Schwenzer, LL.M., Basel, Switzerland *Table of ContentsINTRODUCTION ; CHAPTER ONE: The Discipline of Comparative Law ; CHAPTER TWO: Comparative Legal Linguistics ; CHAPTER THREE: Comparative Jurisprudence ; CHAPTER FOUR: Lawyers ; CHAPTER FIVE: Judges and Judiciaries ; CHAPTER SIX: Lay Judges and Juries ; CHAPTER SEVEN: Legal Reasoning ; CHAPTER EIGHT: Statutes and their Construction ; CHAPTER NINE: Judicial Precedents ; CONCLUSION

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Book SynopsisWilliam E. Nelson''s first volume of the four-volume The Common Law of Colonial America (2008) established a new benchmark for study of colonial era legal history. Drawing from both a rich archival base and existing scholarship on the topic, the first volume demonstrated how the legal systems of Britain''s thirteen North American colonies-each of which had unique economies, political structures, and religious institutions -slowly converged into a common law order that differed substantially from English common law. The first volume focused on how the legal systems of the Chesapeake colonies--Virginia and Maryland--contrasted with those of the New England colonies and traced these dissimilarities from the initial settlement of America until approximately 1660. In this new volume, Nelson brings the discussion forward, covering the years from 1660, which saw the Restoration of the British monarchy, to 1730. In particular, he analyzes the impact that an increasingly powerful British governTrade Review"This volume continues a multi-volume history of the common law in America by our greatest authority on the foundations of the American legal system. Like his other work, it is the product of unmatched meticulous research into the archival record of legal institutions as they affected the lives of ordinary Americans - male and female, white and black, powerful and weak. It is as much a human study as it is an institutional one, and it takes its well-earned place as a classic in legal history." - David Thomas Konig, Professor of History and Professor of Law at Washington University in St. LouisTable of ContentsTABLE OF CONTENTS ; INTRODUCTION ; I. DUTCH AND PURITAN LAW IN NEW NETHERLAND ; A. The Dutch Legal System of New ; B. "Rude, Untechnical" Law in the Early English Settlements ; II. NEW YORK: THE PERSISTENCE OF DUTCH AND PURITAN ; A. The Persistence of Dutch Law along the Upper Hudson ; B. New England Law on the Islands and in Westchester ; III. NEW YORK: THE TRIUMPH OF THE COMMON LAW ; A. The Emergence of Common Law in New York City ; B. The Triumph of Common Law in the Colony at Large ; IV. COMMON LAW IN THE CITY-STATE OF CHARLESTON, SOUTH CAROLINA . ; A. The Success and Failure of Ashley's Plans ; B. Creating Law ; C. The End of the Proprietary Regime and the Beginning of Royal Government ; V. POLITICIZING THE COURTS AND UNDERMINING THE LAW IN NORTH CAROLINA ; A. The Colony on the Albemarle Sound ; B. The Judicial System's Collapse ; VI. PENNSYLVANIA: GOVERNMENT BY JUDICIARY ; A. The Immediate Adoption of the Common Law ; B. The Disempowerment of Juries ; C. Law, Order, and Stability ; D. Explaining Hegemony ; VII. DELAWARE AND NEW JERSEY: A MICROCOSM OF THE COLONIAL NORTH ; A. Delaware ; B. East Jersey ; C. West Jersey ; D. New Jersey ; VIII. CONCLUSION: THE COMMON LAW AS MECHANISM OF GOVERNANCE

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Book SynopsisMozambique has been hailed as a success story by the international community. The author examines the role of customary law in Mozambique to ask a larger question: what is the place of law in the neoliberal era, in which the juridical and the economic are deeply intertwined in an ongoing state of structural adjustment?Trade Review"This anthropological study, spiced by a philosophical touch, magnificently explores local appropriations of a national law reform in the turmoil of the post-Cold War moment. The revival of customary law, deeply affected by socialism but now in a neoliberal context, produces hybrids that help people to steer their lives through great uncertainties. A challenging study that opens up new perspectives for understanding the 'structural adjustment state' and its uneasy compromises with rapidly evolving customary practices." (Peter Geschiere, author of Witchcraft, Intimacy, and Trust)"

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Book SynopsisProfessor Paul Mitchell joined University College London as Professor of Laws in 2010, and has previously taught at King's College London, Queen Mary University of London, and Oxford University. His main research interests include tort law, Roman law, and contract law. Much of his work is historical, exploring how and why the law developed as it did.

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Book SynopsisHow the medieval right to appoint a parson helped give birth to English common lawTrade Review“A praiseworthy and original investigation of a subject that straddled the line between secular and spiritual: the early history of the English common law of advowsons.”—R. H. Helmholz, University of Chicago Law School“It has been a great pleasure to watch what began as a tentative, but intriguing, doctoral dissertation turn through a series of articles on seemingly small points into the small masterpiece that is this book.”—Charles Donahue Jr., Harvard Law School

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Book SynopsisThe Common Law of Obligations provides coverage of the history of obligations and its underlying principles, remedies, negation of liability and specific obligations. The book draws out the common themes that exist between traditional tort and contract courses, whilst the elements pertaining to the law of restitution are also included.Table of ContentsPART I. ; SECTION A. ; SECTION B. ; SECTION C. ; SECTION D. ; PART II.

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Book SynopsisIn a compelling book full of the extraordinary stories of ordinary people, Elaine Forman Crane reveals the ways in which early Americans clashed with or conformed to the social norms established by the law.Trade ReviewCrane delves deeply into the historical record—particularly legal documents—to present sometimes salacious and always fascinating stories of illegal activities from the past and the ways that individuals and communities sought to right wrongs and mete out punishments.... Crane has selected remarkable stories and pieced together an incredible array of detail from the available documents. -- Bridget M. Marshall * Early American Literature *Crane's earlier microhistory, Killed Strangely, proved her mastery of the genre, and this new book moves us a step closer to understanding law's place in the construction of American society and institutions. A successful legal microhistory has four characteristics: The work must tell a compelling story; place the events in a larger historical context; analyze legal issues without losing the narrative thread; and explain how the case illuminates the rule of law in society. Crane succeeds in every respect. Her stories grab our attention, enlarge our understanding through the power of example, and leave us better equipped to identify significant trends. Morever, Crane offers us a master class in the scrupulous interpretation of court records. Her rigorous interrogation of her sources, exposing all their ambiguities and lacunae, furnishes a model for all who would practice the historian's craft. * American Historical Review *Elaine Forman Crane has unearthed unique stories in local records across both space and time, from mid-seventeenth-century New Amsterdam and Bermuda to eighteenth-century New England to postrevolutionary Maryland. The matters these cases addressed were as diverse as the places they occurred, and Crane uses each chapter to craft a story about such issues as the power of words, domestic violence, rape, and loss of economic stability. Each vignette illustrates how ordinary people's negotiations of extraordinary circumstances helped create distinctively American legal cultures.... Crane's work pokes holes in such generalization as those on the rise of companionate marriage and the relationship between economic and legal power in early America. With this series of local studies Crane contributes even more evidence to support the argument that Americans shaped their law to meet needs peculiar to their own time and place. * Journal of American History *Elaine Forman Crane offers a new variation by using the common theme of legal interactions among Europeans and Africans in colonial North America to link six individual microhistories in a single volume.... The greatest strength of Witches, Wife Beaters, and Whores is Crane's discussion of trials from four very different colonies.... Crane's research, analysis, and storytelling skills are impeccable. Witches, Wife Beaters, and Whores provides readers with a vivid array of characters seemingly designed to walk into lecture halls and dinner-table conversations as illustrations of the rich and complex world of colonial America. * William and Mary Quarterly *This enthralling, deeply researched work demonstrates vividly that early Americans lived in a world saturated by the law. Crane is interested specifically in the 'common folk' of her title; tavern keepers, merchants, a handful of witches, murdered and battered wives, an enslaved black man. To uncover how the law suffused their world, Crane employs the methodology of microhistory, an approach used with great success by historians seeking to discern the lives and mentalities of those often not able to speak for themselves. Crane has undertaken research in challenging sources. Even more impressively, she has taken snippets of information and woven them into engaging, moving, and occasionally riveting stories. Crane demonstrates through her painstakingly re-created life histories just how much 'legal culture and the routine of daily life were knotted together in early America.'... Crane's admirable book is likely to inspire many further studies that will help answer some important questions. In the meantime, she has blazed a trail with her exemplary study, demonstrating that it is possible to bring the dead to life even without the aid of a ghost. Instead, Crane offers us an engaging and detailed analysis of how ordinary people understood and deployed the law in the most adverse circumstances, drawing us in with stories that are sometimes heartbreaking, sometimes funny, sometimes confounding, but always intriguing and absorbing. * Common-place *Table of ContentsIntroduction1. In Dutch with the Neighbors: Slander "in a well regulated Burghery"2. Bermuda Triangle: Witchcraft, Quakers, and Sexual Eclecticism3. "Leave of [f ] or Else I Would Cry Out Murder": The Community Response to Family Violence in Early New England4. Cold Comfort: Race and Rape in Rhode Island5. He Would "Shoot him upon the Spott": The Eviction of Samuel Banister6. A Ghost StoryEpilogueNotes Index

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Book SynopsisIn a compelling book full of the extraordinary stories of ordinary people, Elaine Forman Crane reveals the ways in which early Americans clashed with or conformed to the social norms established by the law.Trade ReviewCrane delves deeply into the historical record—particularly legal documents—to present sometimes salacious and always fascinating stories of illegal activities from the past and the ways that individuals and communities sought to right wrongs and mete out punishments.... Crane has selected remarkable stories and pieced together an incredible array of detail from the available documents. -- Bridget M. Marshall * Early American Literature *Crane's earlier microhistory, Killed Strangely, proved her mastery of the genre, and this new book moves us a step closer to understanding law's place in the construction of American society and institutions. A successful legal microhistory has four characteristics: The work must tell a compelling story; place the events in a larger historical context; analyze legal issues without losing the narrative thread; and explain how the case illuminates the rule of law in society. Crane succeeds in every respect. Her stories grab our attention, enlarge our understanding through the power of example, and leave us better equipped to identify significant trends. Morever, Crane offers us a master class in the scrupulous interpretation of court records. Her rigorous interrogation of her sources, exposing all their ambiguities and lacunae, furnishes a model for all who would practice the historian's craft. * American Historical Review *Elaine Forman Crane has unearthed unique stories in local records across both space and time, from mid-seventeenth-century New Amsterdam and Bermuda to eighteenth-century New England to postrevolutionary Maryland. The matters these cases addressed were as diverse as the places they occurred, and Crane uses each chapter to craft a story about such issues as the power of words, domestic violence, rape, and loss of economic stability. Each vignette illustrates how ordinary people's negotiations of extraordinary circumstances helped create distinctively American legal cultures.... Crane's work pokes holes in such generalization as those on the rise of companionate marriage and the relationship between economic and legal power in early America. With this series of local studies Crane contributes even more evidence to support the argument that Americans shaped their law to meet needs peculiar to their own time and place. * Journal of American History *Elaine Forman Crane offers a new variation by using the common theme of legal interactions among Europeans and Africans in colonial North America to link six individual microhistories in a single volume.... The greatest strength of Witches, Wife Beaters, and Whores is Crane's discussion of trials from four very different colonies.... Crane's research, analysis, and storytelling skills are impeccable. Witches, Wife Beaters, and Whores provides readers with a vivid array of characters seemingly designed to walk into lecture halls and dinner-table conversations as illustrations of the rich and complex world of colonial America. * William and Mary Quarterly *This enthralling, deeply researched work demonstrates vividly that early Americans lived in a world saturated by the law. Crane is interested specifically in the 'common folk' of her title; tavern keepers, merchants, a handful of witches, murdered and battered wives, an enslaved black man. To uncover how the law suffused their world, Crane employs the methodology of microhistory, an approach used with great success by historians seeking to discern the lives and mentalities of those often not able to speak for themselves. Crane has undertaken research in challenging sources. Even more impressively, she has taken snippets of information and woven them into engaging, moving, and occasionally riveting stories. Crane demonstrates through her painstakingly re-created life histories just how much 'legal culture and the routine of daily life were knotted together in early America.'... Crane's admirable book is likely to inspire many further studies that will help answer some important questions. In the meantime, she has blazed a trail with her exemplary study, demonstrating that it is possible to bring the dead to life even without the aid of a ghost. Instead, Crane offers us an engaging and detailed analysis of how ordinary people understood and deployed the law in the most adverse circumstances, drawing us in with stories that are sometimes heartbreaking, sometimes funny, sometimes confounding, but always intriguing and absorbing. * Common-place *Table of ContentsIntroduction1. In Dutch with the Neighbors: Slander "in a well regulated Burghery"2. Bermuda Triangle: Witchcraft, Quakers, and Sexual Eclecticism3. "Leave of [f ] or Else I Would Cry Out Murder": The Community Response to Family Violence in Early New England4. Cold Comfort: Race and Rape in Rhode Island5. He Would "Shoot him upon the Spott": The Eviction of Samuel Banister6. A Ghost StoryEpilogueNotes Index

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Book SynopsisTells the story of how disputes of all kinds were managed in England between AD 1154 and the first signs of the Common Law, and 1558 when a new period started in the development of the English legal system. This title also includes private papers like the Paston Letters to show how disputes were managed in practice.Trade Review"'Roebuck's method is an engaging series of polymathic raids into the territories of geographers, ethnographers, linguists, lawyers, historians and archaeologists', (Stephen Sedley London Review of Books.)"

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Book SynopsisDespite plague, fire, political upheaval and religious strife, in the 17th century English people used mediation and arbitration to help resolve their differences. As the century drew to its close, lawyers advised their clients to take advantage of the courts' offer to accept a claim and to refer it to arbitration.Trade Review'We do not have a time-travelling machine, but we have Derek Roebuck, and that is even better: not only a way to voyage back in time, but a guide who puts everything brilliantly in context.' Jan Paulsson Arbitration International. 'Roebuck's method is an engaging series of polymathic raids into the territory of geographers, ethnographers, linguists, lawyers, historians and archaeologists. ' Sir Stephen Sedley London Review of Books

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Book SynopsisThis unique book provides readers with a concise yet rigorous outline of the English corporate insolvency framework as it is practised in domestic and cross-border cases. In doing so, this primer provides clear and accessible guidance on what is often considered to be a highly technical subject.Trade Review‘To simplify access to this world, but in an intelligent, yet comprehensive, way comes this primer, written by two young scholars in the field, whose publications have become increasingly noteworthy in the way they challenge orthodoxies and provide fresh insights into the objects of their research. This attention to detail and how best to inculcate an understanding of the subject prompts this work, whose content, in five parts, addresses the broad structure of the topic from an introduction to the field, liquidation and receivership, rescue procedures, directorial misconduct and the international dimension of procedures.’ -- Paul Omar, INSOL Europe‘The book English Corporate Insolvency Law is, as its subtitle says, a primer. It offers an introduction and analysis guide and update readers with the recently significantly revised English corporate insolvency rules and procedures. Readers will not be disappointed as it gives a well-reasoned overview of the full system, including references to case law and literature.’ -- Bob Wessels blog‘English Corporate Insolvency Law: A Primer by Eugenio Vaccari and Emilie Ghio is a welcome addition to the literature on corporate insolvency and restructuring. It is written in a very accessible, yet detailed and thoughtful, manner. The authors are justly known as academic experts in this field and have many publications to their credit. In that light, this work should receive due attention as a primer for all those wishing to embark on the study or appreciation of this fascinating and highly topical subject.’ -- Paul Omar, De Montfort University, UKTable of ContentsContents: Preface PART I INTRODUCTION TO CORPORATE INSOLVENCY LAW 1. The financial context of insolvency 2. The roots and history of insolvency law 3. The institutional setting PART II LIQUIDATION, RECEIVERSHIP AND DISTRIBUTION OF ASSETS 4. Liquidation 5. Administrative receivership 6. Gathering and distributing assets and dividends PART III RESCUE PROCEDURES 7. Administration 8. Management of companies in distress and CVAs 9. Restructuring procedures PART IV INVESTIGATING AND SUPPRESSING MISCONDUCT 10. Directors’ duties 11. Malpractice before and during liquidation (and administration) 12. Adjustment or avoidance of prior transactions 13. Criminal offences 14. Disqualification and personal liability PART V CROSS-BORDER INSOLVENCY LAW 15. The theoretical underpinnings of cross-border insolvency law 16. The international and European frameworks for cross-border insolvency law 17. The domestic framework for cross-border insolvency cases Index

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Book SynopsisNothing is more important in English land law than 'possession'. It is the foundation of all title, rights and remedies. But what exactly is it, and why does it still matter? This book, first published in 2006, is about the meaning, significance and practical effect of the concept of possession in contemporary land law. It explains the different meanings of possession, the relationship between possession and title, and the ways in which the common law and equity do, and do not, protect possession. The rights and remedies of freeholders, tenants and mortgage lenders, between themselves and against third parties, are all to some extent dependent on questions of status and possession. This book shows how. It is designed to provide an understanding of the basic principles for the student, and answers to difficult, real problems for the practitioner.Table of Contents1. Meaning of possession; 2. Protection of possession; 3. Possession, title and freehold land; 4. Leases and licenses; 5. Mortgages and charges; 6. Equity and trusts; 7. Birth and death, dissolution and insolvency; 8. Adverse possession and prescription; 9. Possession judgments; 10. Summary and conclusions.

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Book Synopsis'Great cases' are those judicial decisions around which the common law pivots. In a sequel to the instant classic Is Eating People Wrong?, this book presents eight new great cases from the United Kingdom, the United States and Australia. Written in a highly accessible yet rigorous style, it explores the social circumstances, institutions (lawyers, judges and courts) and ordinary people whose stories shaped the law. Across the courts' diverse and uncoordinated attempts to adapt to changing conditions and shifting demands, it shows the law as the living, breathing and down-the-street experience it really is. Including seminal cases in end of life, abortion and equal rights, this is an ideal introduction for students to legal history and jurisprudence.Table of Contents1. Introduction: on the road (again); 2. Is killing people right? Law and the end of life; 3. Oil on troubled waters: the consequences of civil liability; 4. The politics of law: cats, pigeons and old chestnuts; 5. The companies we keep: the moralities of business; 6. Fifty shades of Brown: consent and the criminal law; 7. Putting up a defence: sex, murder and videotapes; 8. Wade-ing into controversy: a case of accidental activism; 9. Playing a different tune: fairness in deal-making; 10. Conclusion: surfing the tides.

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Book SynopsisAlways the serious student''s choice for a Trusts Law textbook, the new seventh edition of Moffat''s Trusts Law once again provides a clear examination of the rules of Trusts, retaining its hallmark combination of a contextualised approach and a commercial focus. The impact of statutory developments and a wealth of new cases including the Supreme Court and Privy Council decisions in Patel v. Mirza [2016] UKSC 42, PJS v. News Group Newspapers Ltd [2016] UKSC, Burnden Holdings v. Fielding [2018] UKSC 14, and Federal Republic of Brazil v. Durant [2015] UKPC 35 are explored. A streamlining of the chapters on charitable Trusts, better to align the book with the typical Trusts Law course, helps students understand the new directions being taken in the areas of Trust Law and equitable remedies.Table of ContentsPreface to the Seventh Edition; Acknowledgements; Table of Abbreviations; Useful Websites; Table of Statutes; Table of Statutory Instrument; Table of Cases; 1. Trusts Introduced; 2. The Evolution of the Private Express Trust; 3. Creating the Trust – I; 4. Creating the Trust – II; 5. Trusts and Public Policy; 6. Flexibility in Relation to Beneficial Entitlement; 7. An Introduction to Trustees and Trusteeship; 8. Aspects of the Management of Trusts; 9. Trusteeship, Control and Breach of Trust; 10. Implied Trusts and the Family Home; 11. Trusts in Commerce I: Commerce and Equitable Remedies; 12. Trusts in Commerce II: Commerce, Credit and the Trust; 13. Trusts in Commerce III: Fiduciary Relationships, Commerce and the Trust; 14. Trust, Contract and Unincorporated Associations; 15. An Introduction to the Law of Charity; 16. The Legal Definition of 'Charity'; 17. Trusts – an International Dimension; Index

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Book SynopsisNicholas J. McBride is a Fellow of Pembroke College, Cambridge; he was formerly a Fellow of All Souls College, Oxford. Roderick Bagshaw is a Fellow of Magdalen College, Oxford.

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Book SynopsisOriginally published in 1966. The Individual and Society in the Middle Ages, based on three guest lectures given at Johns Hopkins University in 1965, explores the place of the individual in medieval European society. Looking at legal sources and political ideology of the era, Ullmann concludes that, for most of the Middle Ages, the individual was defined as a subject rather than a citizen, but the modern concept of citizenship gradually supplanted the subject model from the late Middle Ages onward. Ullmann lays out the theological basis of the political theory that cast the medieval individual as an inferior, abstract subject. The individual citizen who emerged during the late Middle Ages and the Renaissance, by contrast, was an autonomous participant in affairs of state. Several intellectual trends made this humanistic conception of the individual possible, among them the rehabilitation of vernacular writing during the thirteenth century and the growing interest in nature, natural phiTable of ContentsPreface Lecture 1. The Abstract Thesis: The Ecclesiological and Corporational Theme of Subject and SocietyLecture 2. The Practical Thesis: The Constitutional Significance of the Feudal Relationship and Its Bearing on the Individual in SocietyLecture 3. The Humanistic Thesis: The Emergence of the CitizenIndex

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Book SynopsisThis book discusses the dominant corrective justice and distributive justice approaches to private law and identifies their strengths and weaknesses. It goes on to propose a general approach to private law, including contract, tort and private property, and explains how it can provide solutions to some longstanding problems. Two general ideas inform this approach: the ‘standpoint limitation’ and ‘remedial consistency’. The standpoint limitation explains the distinctive character of private law, that is to say why it is focussed mainly, though not exclusively, on particular individual interests rather than the common welfare. Remedial consistency explains the way in which remedies depend on and give effect to primary rights. The book also discusses the nature of common law legal reasoning and its relationship to the suggested understanding of private law.Table of Contents1. Introduction 2. Theories of law 3. The structure of private law 4. The distributive justice theory of private law 5. The corrective justice theory of private law 6. The standpoint limitation approach 7. The standpoint limitation applied to tort and contract 8. Private property 9. Private property rights and claims 10. The common law

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Book SynopsisIn this unique book Lord Woolf recounts his remarkable career and provides a personal and honest perspective on the most important developments in the common law over the last half century. The book opens with a comprehensive description of his family background, which was very influential on his later life, starting with the arrival of his grandparents as Jewish immigrants to England in 1870. His recollections of his early years and family, education and life as a student lead into his early career as a barrister and as a Treasury Devil, moving on to his judicial career and the many roles taken therein. The numerous standout moments examined include his work on access to the judiciary, prison reform, and suggested reforms to the European Court of Human Rights. Fascinating insights into the defining cases of his career, T AG v Jonathan Cape, Gouriet v Union of Post Office Workers, Tameside, Hazel v Hammersmith, M v Home Office, remind the reader of how impactful his influence has been. He considers the setting of the mandatory component of the life sentences of Thompson and Venables and the Diane Blood case. Alongside the case law, and the Woolf Reforms, the Constitutional Law Reform Act 2005 is also explored. Considering the ebb and flow of changes over his remarkable judicial life, Lord Woolf identifies those he welcomes, but also expresses regret on what has been lost. A book to remind lawyers, be they students, practitioners or scholars, of the power and importance of law. All author profits from the book will be donated to the Woolf Institute.Trade ReviewAn Uncommon Lawyer traces the author’s unbroken ascent up the ladders of bar and bench – helpfully, for the lay reader, with explanations of what his various roles involved. It also describes the development of his aim to make the law more accessible and more humane … He has indeed been an uncommon lawyer, as well as an honourable and much honoured man. -- Michael Beloff * The Times Literary Supplement *Table of Contents1. The Start 2. Happy Days 3. Becoming a Member of the Bar 4. A Barrister Taking the Crown’s Shilling as the Revenue and Treasury Junior 5. Crossing the Strand/A Change of Robes 6. A Change of Robes and Strangeways 7. Life as a Law Lord 8. Access to Justice 9. My Responsibilities as Master of the Rolls 10. Lord Chief Justice 11. Return to Civilian Life and Further Commissions 12. Interfaith Relations – The Woolf Institute 13. Back to Judging 14. For Family and Justice

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Book SynopsisThis book presents a clear, carefully-analysed picture of the operation of equity today, across the common law world. Rather than revisit the abstract debate as to whether or not equity has ‘fused’ with the common law, it focuses on specific equitable principles and doctrines. Expert contributors step back and take a wider view of those doctrines, examining how they can best be understood today, and how they might develop in the future. This will prove invaluable to practitioners and courts (at first instance as well as appellate level), allowing them to navigate the constantly-growing mass of case law. Drawing on expertise from across the worlds of academia, practice and the bench, this seminal collection provides the most illuminating picture available of how equity operates.Table of ContentsPreface List of Contributors Table of Cases Table of Legislation PART I EQUITY AND EQUITIES 1. The Persistence of Equity: Lessons from the Trust Ben McFarlane 2. Equity’s Gloss on Authority Jessica Hudson 3. Section 25(6) of the Judicature Act 1873: A ‘Procedural’ Approach C.H. Tham 4. Equity and the Land Registration Act 2002: Form, Conscience, and the Judiciary Aruna Nair PART II MAXIMS AND DOCTRINES 5. The Mischief of Maxims William Swadling PART III EQUITABLE PROTECTION 6. Loose Ends in Accounting for Profits Lord Briggs of Westbourne 7. Judicature and Accounts Matthew Conaglen PART IV EQUITABLE REMEDIES 8. Equitable Damages The Honourable Justice Edelman 9. The Basic Structure of Rescission Steven Elliott KC 10. When are Negotiating Damages Available? John MCGhee KC 11. Specific Performance and the Reflective Loss Rule Janet O’Sullivan 12. Freezing Orders: Casting Off the Shackles of The Siskina? Paul S Davies PART V TRUSTS 13. Bankruptcy Protection for Trusts before the Judicature Acts David Fox PART VI ADMINISTRATION OF ASSETS 14. Wasting Away: Devastavit and the Judicature Act 1873 Simon Douglas PART VII SECURITIES 15. Equity in Codified Secured Transactions Law Magda Raczynska PART VIII INTERNATIONAL PERSPECTIVES 16. equity is not Equity Alexandra Popovici and Lionel Smith 17. Equitable Meta-Law: The Spectrum of Property Henry E Smith 18. Certainty of Loss of Chance in Equity Simone Degeling 19. Dishonesty and Unconscionability in Contractual Performance – A Role for Equity? The Honourable Madam Justice Mary V Newbury 20. Equity in Commerce: Too Much and Too Little? Man Yip Index

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Book SynopsisIn this collection, one of the key commentators on the modern law of tort presents 12 of his most important articles and book chapters. These are accompanied by an introductory chapter in which the author comments on the impact and reception of the pieces that make up the collection, and by a provocative new essay in which he argues against strict product liability in the law of tort. A coherent and compelling exploration of topical issues in core areas of tort law, the collection is divided into 3 parts, dealing with negligence; nuisance and Rylands v Fletcher; and tort in general. The essays in this collection are a significant contribution to debates about the limits and scope of tortious liability in common law systems. Students, scholars and practitioners alike will find it an invaluable resource for understanding tort law in the early 21st century.

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Book SynopsisDetailing the striking feature of Somali law, which is compensatory rather than punitive, Michael van Notten describes areas within that law that require non-legislative change and demonstrates why any attempt to instigate a democracy in Somalia must inevitably result in chaos.

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