Description
Book SynopsisThis book considers how legal history has shaped and continues to shape our shared present. Each chapter draws a clear and significant connection to a meaningful feature of our lives today. Focusing primarily on England and Australia, contributions show the diversity of approaches to legal history’s relevance to the present. Some contributors have a tight focus on legal decisions of particular importance. Others take much bigger picture overview of major changes that take centuries to register and where impact is still felt. The contributors are a mix of legal historians, practising lawyers, members of the judiciary, and legal academics, and develop analysis from a range of sources from statutes and legal treatises to television programs. Major legal personalities from Edward Marshall Hall to Sir Dudley Ryder are considered, as are landmarks in law from the Magna Carta to the Mabo Decision.
Table of ContentsChapter 1:
Introduction
Jeremy Patrick, Sarah McKibbin and Marcus Harmes
Chapter 2:
Politics and Profession: Sir Dudley Ryder and the Office of Attorney-General in England, 1689-1760
Wilfrid Prest
Chapter 3:
Lord Atkin’s Dissent in Liversidge v Anderson – Indecorously Orthodox?
Karen Schultz
Chapter 4:
The Challenges to the UK Constitution Since 1979 and Brexit
Michael Mulligan
Chapter 5:
The Age of Rumpoleis Past? Legal History on British Television
Marcus K Harmes, Meredith A Harmes, and Barbara Harmes
Chapter 6:
The History of Legal Marketing In Australia And New Zealand
Keith Thompson
Chapter 7:
The Historical Development of The Fault Basis of Liability in The Law of Torts
Anthony Gray
Chapter 8:
What Albert did and What Albert did next: Albert Bathurst Piddington – The High Court Judge Who Never Sat
The Hon Justice A. S. Bell and James Monaghan
Chapter 9:
Path Dependency, the High Court, and the Constitution
Jeremy Patrick
Chapter 10:
The Use and Misuse of Legal History in The High Court Of Australia
Warren Swain
Chapter 11:
Did The Early British Colonists Regard the Indigenous Peoples of New South Wales as Subjects of the Crown Entitled to the Protection Of English Law?
Gavin Loughton
Chapter 12:
Land, the social imaginary and the Constitution Act 1867 (Qld)
Julie Copley
Chapter 13:
The good, the bad and the ugly: a short history of biosecurity regulation in australia
Noeleen McNamara
Chapter 14:
Legal Pluralism Past and Present: Magna Carta and a First Nations’ Voice In The Australian Constitution
Jason Taliadoros
