By Catherine Elliott
Read or Download As Law PDF
Similar legal theory & systems books
Oliver Wendell Holmes, Jr. (1841–1935) is mostly one in every of the 2 maximum justices of the us excellent courtroom, leader Justice John Marshall being the opposite. in additional than 2000 critiques, he delineated a powerful felony philosophy that profoundly prompted American jurisprudence, rather within the region of civil liberties and judicial restraint.
The 1st e-book to envision the severe zone of land legislations from a feminist viewpoint, it presents an unique and important research of the gendered intersection among legislation and land; ranging land use and possession in England and Wales to Botswana, Papua New Guinea and the Muslim international. The authors draw upon the varied disciplinary fields of legislations, anthropology and geography to open up views that transcend the often slender topography and cartography of land legislation.
This booklet is written for legislations lecturers who are looking to layout their very own instructing and studying fabrics. it's designed for person academics and instructing groups who are looking to advance fabrics and inspire energetic studying through scholars, and combine using fabrics with different instructing and studying recommendations.
This ebook surveys the prime glossy theories of estate – Lockean, libertarian, utilitarian/law-and-economics, personhood, Kantian and human flourishing – after which applies these theories to concrete contexts during which estate matters were particularly arguable. those contain redistribution, the appropriate to exclude, regulatory takings, eminent area and highbrow estate.
- Schuldrecht AT
- The Judicial Process: Realism, Pragmatism, Practical Reasoning and Principles
- Merciful Judgments and Contemporary Society: Legal Problems, Legal Possibilities
- Outlines of Lectures on Jurisprudence
- Stanley Fish on Philosophy, Politics and Law: How Fish Works
Extra info for As Law
In Gillick v West Norfolk and Wisbech Area Health Authority (1985), the House of Lords was asked to consider whether a girl under 16 needed her parents’ consent before she could be given contraceptive services. It was an issue on which there was by no means a consensus, with one side claiming that teenage pregnancies would increase if the courts ruled that parental consent was necessary, and the other claiming that the judges would be encouraging under-age sex if they did not. The House of Lords held, by a majority of three to two, that a girl under 16 did not have to have parental consent if she was mature enough to make up her own mind.
Qxd 4/18/06 8:39 AM Page 2 .. qxd 4/18/06 8:39 AM Page 3 Chapter 1 Case law Judicial precedent Case law comes from the decisions made by judges in the cases before them. In deciding a case, there are two basic tasks; ﬁrst, establishing what the facts are, meaning what actually happened; and secondly, how the law applies to those facts. It is the second task that can make case law. Once a decision has been made on how the law applies to a particular set of facts, similar facts in later cases should be treated in the same way.
At ﬁrst society will be divided about them, and there will be controversy, but eventually such ideas may come to be accepted by most members of society, or most members will at least become prepared to put up with them. At this second stage we can say there is a consensus. This process can be seen in the way that views changed towards the end of the last century on subjects such as homosexuality and sex before marriage. 16 .. qxd 4/18/06 8:39 AM Page 17 Chapter 1 n Case law Law-making which takes one side or another while an issue is still controversial is what Devlin called dynamic law-making, and he believed judges should not take part in it because it endangered their reputation for independence and impartiality.