Law and Modern Society
Law and Modern Society

Author: P. S. Atiyah

Publisher: OPUS

Published: 1995

Total Pages: 229

ISBN-13: 9780192892676

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How and why is so much new law made? By what right does a judge order that someone be sent to jail? Why is so much of the law so contentious, and why should we, the people, accept the laws made by those who claim the right to govern us? In this lucid, stimulating, and completely updated survey, P. S. Atiyah introduces the reader to a number of fundamental issues about English law, the legal profession, and the adjudicative process. This new edition gives greater emphasis to the effect of membership of the European Community on English law, and gives an expanded account of the European Convention on Human Rights with its subsequent effects on our laws. Atiyah also looks at the recent controversy over the independence of the judiciary, problems arising from the cost of legal services and legal aid, and the many worrying miscarriages of justice which have tainted the legal system in the past decade.

Law in Modern Society
Law in Modern Society

Author: Roberto Mangabeira Unger

Publisher: Simon and Schuster

Published: 1977-07

Total Pages: 324

ISBN-13: 0029328802

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"Law in Modern Society" is a comparative study of the place of law in societies as well as a criticism of social theory. Under what conditions do different kinds of law emerge? What are the bases of the rule of law ideal that marks advanced liberal, capitalist societies? What can the study of law teach us about social hierarchy and moral vision in these societies, and, indeed, about the specificity of Western civilization? Why do we find it necessary to struggle for the rule of law and impossible to achieve it? What political possibilities are closed or opened by present-day changes in the established styles of legality and legal thought? Unger deals with these questions in a broad range of historical settings. But he also relates them to the central issues of social theory: the method of explanation, the conditions of social order, and the nature of 'modern' society. the book argues that to resolve its own internal dilemmas the science of society must once again become both metaphysical and political.

Common Law and Modern Society
Common Law and Modern Society

Author: Mary Arden

Publisher: Oxford University Press

Published: 2015

Total Pages: 328

ISBN-13: 0198755848

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Law is a lasting social institution, but it must also be responsive to change. In this volume Mary Arden draws upon her experience to examine how judge-made law adapts to the evolving demands of society, how law reform works in practice, and the future of the judiciary in our diverse modern culture.

Priests of the Law
Priests of the Law

Author: Thomas J. McSweeney

Publisher:

Published: 2019

Total Pages: 305

ISBN-13: 0198845456

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This book examines the development of legal professionalism in the early English common law, with specific reference to the 13th-century treatise known as Bracton and to its likely authors.

Americanization of the Common Law
Americanization of the Common Law

Author: William Edward Nelson

Publisher: University of Georgia Press

Published: 1994-01-01

Total Pages: 301

ISBN-13: 0820315877

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Americanization of the Common Law remains one of the standard works on the transformation of law in America from the late colonial period to the end of the early republic. In a straightforward manner, William E. Nelson analyzes the profound ideological movement that grew out of the American Revolution and caused substantial structural change in the legal and social order of Massachusetts and, by extension, in the nation at large. The Revolution, Nelson argues, transformed a hierarchical and communitarian legal and social order into an egalitarian and individualistic one. For this edition, Nelson has written a new preface in which he discusses the book's initial reception and the relevant historiographical issues that have arisen since it was first published in 1975.

Common Law, History, and Democracy in America, 1790-1900
Common Law, History, and Democracy in America, 1790-1900

Author: Kunal M. Parker

Publisher: Cambridge University Press

Published: 2011-03-14

Total Pages: 318

ISBN-13: 9780521519953

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This book argues for a change in our understanding of the relationships among law, politics, and history. Since the turn of the nineteenth century, a certain anti-foundational conception of history has served to undermine law's foundations, such that we tend to think of law as nothing other than a species of politics. Thus viewed, the activity of unelected, common law judges appears to be an encroachment on the space of democracy. However, Kunal M. Parker shows that the world of the nineteenth century looked rather different. Democracy was itself constrained by a sense that history possessed a logic, meaning, and direction that democracy could not contravene. In such a world, far from law being seen in opposition to democracy, it was possible to argue that law - specifically, the common law - did a better job than democracy of guiding America along history's path.

Understanding Administrative Law in the Common Law World
Understanding Administrative Law in the Common Law World

Author: Paul Daly

Publisher: Oxford University Press

Published: 2021

Total Pages: 321

ISBN-13: 0192896911

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A new framework for understanding contemporary administrative law, through a comparative analysis of case law from Australia, Canada, England, Ireland, and New Zealand. The author argues that the field is structured by four values: individual self-realisation, good administration, electoral legitimacy and decisional autonomy.

History of the Common Law
History of the Common Law

Author: John H. Langbein

Publisher: Aspen Publishing

Published: 2009-08-14

Total Pages: 1310

ISBN-13: 0735596042

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This introductory text explores the historical origins of the main legal institutions that came to characterize the Anglo-American legal tradition, and to distinguish it from European legal systems. The book contains both text and extracts from historical sources and literature. The book is published in color, and contains over 250 illustrations, many in color, including medieval illuminated manuscripts, paintings, books and manuscripts, caricatures, and photographs.

Law, Politics and Society in Early Modern England
Law, Politics and Society in Early Modern England

Author: Christopher W. Brooks

Publisher: Cambridge University Press

Published: 2009-01-08

Total Pages: 469

ISBN-13: 1139475290

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Law, like religion, provided one of the principal discourses through which early-modern English people conceptualised the world in which they lived. Transcending traditional boundaries between social, legal and political history, this innovative and authoritative study examines the development of legal thought and practice from the later middle ages through to the outbreak of the English civil war, and explores the ways in which law mediated and constituted social and economic relationships within the household, the community, and the state at all levels. By arguing that English common law was essentially the creation of the wider community, it challenges many current assumptions and opens new perspectives about how early-modern society should be understood. Its magisterial scope and lucid exposition will make it essential reading for those interested in subjects ranging from high politics and constitutional theory to the history of the family, as well as the history of law.

Law and the Modern Mind
Law and the Modern Mind

Author: Jerome Frank

Publisher: Taylor & Francis

Published: 2017-07-12

Total Pages: 449

ISBN-13: 135150956X

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Law and the Modern Mind first appeared in 1930 when, in the words of Judge Charles E. Clark, it "fell like a bomb on the legal world." In the generations since, its influence has grown-today it is accepted as a classic of general jurisprudence.The work is a bold and persuasive attack on the delusion that the law is a bastion of predictable and logical action. Jerome Frank's controversial thesis is that the decisions made by judge and jury are determined to an enormous extent by powerful, concealed, and highly idiosyncratic psychological prejudices that these decision-makers bring to the courtroom.