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The Jurisprudence of Lord Denning: A Study in Legal History consists of three volumes: Fiat Justitia: Lord Denning and the Common Law; The Last of England: Lord Denning’s Englishry and the Law and Freedom under the Law: Lord Denning as Master of the Rolls, 1962–1982. Each volume considers a different aspect of Lord Denning’s jurisprudence. Fiat Justitia is concerned with Lord Denning’s place in the common law tradition, as defined by Fortescue, Coke and Blackstone. Particular attention is paid to Lord Denning’s approach to the role of the Judge and the use of judicial discretion in relation to precedent, statutory interpretation, individual rights and control of the abuse of power. The Last of England looks at the role of Englishness in the jurisprudence of Lord Denning, setting his approach to equity, in particular the way in which he developed the doctrine of estoppel, immigration and race and the law of the European Community in the context of the developing debate about the nature of English identity. Freedom under the Law sets the jurisprudence of Lord Denning in the context of the history of the 1960s and 1970s; examining his writings about the law, role in the Profumo affair and treatment of themes such as religion, literature, education, the currency, the Empire, the Union, national security, social change, industrial conflict and the role of the City of London. The trilogy provides a comprehensive analysis of the work of one of the most important judges of the twentieth century set in its historical, political and philosophical context. In the course of preparing this work, each of the 1072 judgments of Lord Denning, as reported in the All England Law Reports for the years 1962 to 1982, was considered, together with all the books about the law which he published while sitting as a judge.
Written in Lord Denning's familiar vivid, staccato style, Landmarks in the Law discusses cases and characters whose names will be known to all readers, grouped together under headings such as High Treason, Freedom of the Press, and Murder. Thus, for example, the chapter on High Treason tells the stories of Sir Walter Raleigh, Sir Roger Casement, and William Joyce - three very different cases, the first occurring nearly 350 years before the last, but each one raising constitutional issues of the greatest importance.
Both historically and in the present, the Supreme Court has largely been a failure In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two centuries, the hallowed Court has been far more likely to uphold government abuses of power than to stop them. Drawing on a wealth of rulings, some famous, others little known, he reviews the Supreme Court’s historic failures in key areas, including the refusal to protect minorities, the upholding of gender discrimination, and the neglect of the Constitution in times of crisis, from World War I through 9/11. No one is better suited to make this case than Chemerinsky. He has studied, taught, and practiced constitutional law for thirty years and has argued before the Supreme Court. With passion and eloquence, Chemerinsky advocates reforms that could make the system work better, and he challenges us to think more critically about the nature of the Court and the fallible men and women who sit on it.
The underlying theme of this book is 'that the principles of law laid down by the Judges in the 19th century - however suited to social conditions of the time - are not suited to the social necessities and social opinion of the 20th century. They should be moulded and shaped to meet the needs and opinions of today. The Discipline of Law is a fascinating account of Lord Denning's personal contribution to the changing face of the law in this century.
Lord Leonard Hoffmann remains one of the most important and influential English jurists. Born in South Africa, he came to England as a Rhodes Scholar to study law at the University of Oxford. After graduating from the Bachelor of Civil Law as Vinerian Scholar, he was elected Stowell Civil Law Fellow of University College. There followed an extremely distinguished judicial career, including 14 years as a member of the Judicial Committee of the House of Lords (from 1995 to 2009). In 2009, Lord Hoffmann returned to the Oxford Law Faculty as a Visiting Professor. In this volume, current and past colleagues of Lord Hoffmann from the University of Oxford examine different aspects of his jurisprudence in diverse areas of private and public law. The contributions are testament to the clarity and creativity of his judicial and extra-judicial writings, to his enduring influence and extraordinary intellectual breadth, and to the respect and affection in which he is held.
Two central themes run through The Due Process of Law. The first is the workings of the various "measures authorised by the law so as to keep the streams of justice pure" - that is to say, contempt of court, judicial inquiries, and powers of arrest and search. The second is the recent development of family law, focusing particularly on Lord Denning's contribution to the law of husband and wife. These broad themes are elaborated through a discussion of Lord Denning's own judgments and opinions on a wide range of topics.
In the absence of a sound conception of the judicial role, judges at present can be said to be 'muddling along'. They disown the declaratory theory of law but continue to behave and think as if it had not been discredited. Much judicial reasoning still exhibits an unquestioning acceptance of positivism and a 'rulish' predisposition. Formalistic thinking continues to exert a perverse influence on the legal process. This 2005 book dismantles these outdated theories and seeks to bridge the gap between legal theory and judicial practice. The author propounds a coherent and comprehensive judicial methodology for modern times. Founded on the truism that the law exists to serve society, and adopting the twin criteria of justice and contemporaneity with the times, a judicial methodology is developed which is realistic and pragmatic and which embraces a revised conception of practical reasoning, including in that conception a critical role for legal principles.
In Judges, legislators and professors one of the world's foremost legal historians shows how and why continental and common law have come to diverge so sharply. Using ten specific examples he investigates the development of European law, not as the manifestation of certain ideological and intellectual trends, but as largely the result of power struggles between the judiciary, the legislators, and legal scholars, each representing certain political and social ambitions. Now available in paperback, Judges, legislators and professors provides an historical introduction to continental law which is readily accessible to readers familiar with the common law tradition and vice-versa.
"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.