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Reprint of the original, first published in 1874.
The United States Bill of Rights was groundbreaking in providing constitutional recognition to freedom of speech. In the past century the Supreme Court has decided hundreds of cases concerning free speech, providing an established system of jurisprudence to analyze free speech cases. This book explains the development in the US case law and compares it to developments in similar jurisdictions such as Canada, Australia, and the United Kingdom, and Europe. Anthony Gray critiques the jurisprudence of each nation studied, while noting some important similarities and differences in terms of how free speech is protected in the Western world, what causes these differences, what one system might learn from others, and whether convergence in approach can be expected.
Contemporary legal practice faces the paradox of both fragmentation and consolidation through the effects of globalisation of legal services, of clients, and arguably of the law itself. Increasingly, thanks to rapid developments in technology, non-lawyers also deliver legal services. At the convergence of these influences, lawyers increasingly work outside their `home¿ jurisdiction: travelling and working internationally, managing matters for international clients, or dealing with laws that bear an international context. They also face competition from law start-ups that are unconstrained by jurisdiction, and consequently lawyers¿ work includes interdisciplinary technology-related contexts. This innovative work represents a research-based approach to identifying legal practitioners¿ skill-sets necessary to deal successfully with the wide range of issues encountered in the delivery of legal services in the contemporary global environment. The research foundation of this work is presented within a clear structure designed to develop the intellectual and practical skills of law graduates and early career lawyers in particular, that are necessary to transition from a domestic legal practitioner to a lawyer equipped to practise in diverse global contexts. It challenges the reader through the use of targeted case studies, identifying the requisite knowledge, skills and attributes to promote ethical global citizenship and a professional, global outlook. Topics covered include cultural competence, diverse digital contexts of legal practice, notions of professionalism and ethics in the global context, and more.
This book makes the legal and political case for Indigenous constitutional recognition through a constitutionally guaranteed First Nations voice, as advocated by the historic Uluru Statement from the Heart. It argues that a constitutional amendment to empower Indigenous peoples with a fairer say in laws and policies made about them and their rights, is both constitutionally congruent and politically achievable. A First Nations voice is deeply in keeping with the culture, design and philosophy of Australia's federal Constitution, as well as the long history of Indigenous advocacy for greater empowerment and self-determination in their affairs. Morris explores the historical, political, theoretical and international contexts underpinning the contemporary debate, before delving into the constitutional detail to craft a compelling case for change.
Western Legal Theory: History, Concepts and Perspectives enable readers to gain a holistic appreciation of the law by presenting a broad collection of ideas concerning the nature of law. The author draws from a number of social disciplines to provide a rounded sense of what law really is and how it should work in society. The text discusses a wide range of theories and theorists, and also traces the historical developments of Western legal thought from ancient times to the present day. With a focus on the historical and contemporary role of philosophy in the interpretation of law, Western Legal Theory: History, Concepts and Perspectives provide a fascinating insight into the development of law and a comprehensive analysis of current legal thought. It is ideal for students of legal theory and jurisprudence, legal history, political philosophy, and legal practitioners and general readers interested in the theories underpinning our legal institutions and framework.