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Excerpt from Thoughts on Law Reform: And the Law Review, (February, 1847) I have often had occasion to wonder at the ignorance sometimes affected, but more frequently real, of first principles among men to whom no candid person would refuse the praise of much sagacity and perseverance. Wide views, however, and a disposition to generalize, have rarely at any time, or in any class, been the means of attaining eminence in this commercial country; and it certainly is not in the present age, and among lawyers, that we can expect to find knowledge preferred to wealth, and self improvement to mere technical distinctions. On topics of jurisprudence Tidd and Saunders are silent altogether. Little is to be gained concerning them from the doctrina placitandi, and if any rational being not compelled by the iron grasp of necessity, devotes his time to the perusal of Coke, it can only be from the motive which made the Spartan youth flock round a drunken Helot. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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What makes murder, murder? How should we understand the difference between intentional and reckless killing? Should offenders be punished differently according to the perceived severity of their crime and when should they be excused? These questions are the topic of intense debate within legal circles and beyond in the UK, the US, and the rest of world. Jeremy Horder's role as the Law Commissioner for England and Wales on criminal law has given him unique insight into these questions and the debates surrounding them. Here he analyses the recent political and legal reform movements, offering a political history of homicide law reform from the 19th century to the modern era. Using homicide as a starting point, Horder raises deeper questions of who is and should be responsible for making and changing the law. What role should there be for expert bodies, judges, and politicians? What role should there be for the general public? These questions invoke strong emotional responses. Horder argues that comprehensive research into, and a degree of difference to, public opinion on the scope of homicide is essential to the reform process. It is essential principally as a means of conferring true legitimacy on homicide reform in a democracy. Elite or expert opinion alone will never authentically secure such legitimacy. Offering an insider's view into the processes of achieving law reform, Horder expresses criticism of a system that excludes the vast majority of people from consultation on reform of the laws that govern them.
"Focusing on the crucial discipline of the law, Failed Revolutions casts light on the many forces working against meaningful social change. Through the construction of authority, the marginalization of dissenting views, and institutions designed to replicate established opinion, the legal profession systematically blocks not just the possibility of change but even our ability to imagine it." "Failed Revolutions will be of particular interest for lawyers and legal scholars, but its wide implications make it valuable reading for any citizen concerned with the possibility of social reform."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved