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"The book is not intended to be an exposition of legal propositions. It is only an attempt to draw a picture of the changes that are taking place. The reason for the title "The Changing Law" is because so many people think that the law is certain and that it can only be changed by Parliament. The truth is that the law if often uncertain and it is continually being changed, or perhaps I should say developed, by the judges. In theory the judges do not make law. They only expound it. But as no one knows what the law is until the judges expound it, it follows that they make it. The process of gradual change has been the very life of the common law. The legal profession has usually found itself divided into two camps, those who want to make a change and those who prefer things to stay as they are; and between the two, we have somehow usually found the happy mean. ... If the common law is to retain its place as the greatest system of law that the world has ever seen, it cannot stand still whilst everything else moves on. It must develop too. It must adapt itself to the new conditions. In these lectures, I have shown how this is being done." -- from the Preface, p. vii-viii.
Acute, questioning, humane and passionately concerned for justice, Helena Kennedy is one of the most powerful voices in legal circles in Britain today. Here she roundly challenges the record of modern governments over the fundamental values of equality, fairness and respect for human dignity. She argues that in the last twenty years we have seen a steady erosion of civil liberties, culminating today in extraordinary legislation, which undermines long established freedoms. Are these moves a crude political response to demands for law and order? Or is the relationship between citizens and the state being covertly reframed and redefined?
Countering mainstream theories, this book focuses on the expanding institutionalisation of international law.
An Introductory Text to Designing Complex Systems and Managing Change --
Providing a comprehensive and comparative analysis of the legal approach to key areas of law within different legal systems, this book offers a blueprint for comparative legal study by evaluating the current epistemological debate on comparative law and comparative legal research methods. Substantive law, the law of obligations, commercial and corporate law within the major legal systems of the world are all examined and compared. While France and Germany are generally used as the archetypal civil law jurisdictions and English law as the main common law comparator, this third edition also examines the Russian Federation in the post-Soviet era and socialist legal influences as well as non-Western legal traditions. Fully updated and revised to include all recent developments, this edition also includes a broad historical introduction and outlines changes in EC Law. It assesses the possibility of Europeanization of national legal systems and certain legal topics, the impact of the globalization of legal institutions and the evolving 'new world order' in the early twenty-first century. Written in a clear, user-friendly style, Comparative Law in a Changing World is an accessible source for undergraduates and postgraduates wishing to trace the influence of common law and civil law legal traditions on jurisdictions across the world.
Marking the centennial of Alfred Russel Wallace's death, James Costa presents an elegant edition of the "Species Notebook" of 1855-1859, which Wallace kept during his Malay Archipelago expedition. Presented in facsimile with text transcription and annotations, this never-before-published document provides a window into the travels, trials, and genius of the co-discoverer of natural selection. In one section, headed "Note for Organic Law of Change"--a critique of geologist Charles Lyell's anti-evolutionary arguments--Wallace sketches a book he would never write, owing to the unexpected events of 1858. In that year he sent a manuscript announcing his discovery of natural selection to Charles Darwin. Lyell and the botanist Joseph Hooker proposed a joint reading at the Linnean Society of his scientific paper with Darwin's earlier private writings on the subject. Darwin would go on to publish On the Origin of Species in 1859, to much acclaim; pre-empted, Wallace's first book on evolution waited two decades, but by then he had abandoned his original concept. On the Organic Law of Change realizes in spirit Wallace's unfinished project, and asserts his stature as not only a founder of biogeography and the preeminent tropical biologist of his day but as Darwin's equal.
How has Japan managed to become one of the most important economic actors in the world, without the corresponding legal infrastructure usually associated with complex economic activities? The Changing Role of Law in Japan offers a comparative perspecti
"The 15 essays in this book began as papers presented at the Seventh Four Societies Conference hosted at Waseda University, Tokyo, in June 2018, by the Japanese Society of International Law (JSIL). The 'Four Societies' conferences are a collaborative initiative of the American Society of International Law (asil), the Australian New Zealand Society of International Law (ANZSIL), the Canadian Council on International Law (CCIL) and JSIL. The biannual conferences, which began in 2006, provide an opportunity for emerging scholars to foster a collaborative network around a common theme"--