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Invitation to Law
An illuminating guide to the pervasiveness and intricacies of law and an ideal invitation for those interested in its mechanics, purposes and functions. It is a thorough guide to a mysterious and complex institution and profession.
Reflections on 'The Concept of Law'
HLA Hart's The Concept of Law is one of the most influential works of philosophy of the twentieth century, redefining the field of legal philosophy and introducing generations of students to philosophical reflection on the nature of law. Since its publication in 1961 an industry of academic research and debate has grown up around the book, disputing, refining, and developing Hart's work. Under the sheer volume of competing interpretations of the book the original contexts - cultural and intellectual - that shaped Hart's project can be obscured. In this book, renowned legal historian AWB Simpson attempts to sweep aside the volumes of academic criticism and return to 'Troy I', revealing the wo...
Cannibalism and Common Law
Cannibalism and the Common Law is an enthralling classic of legal history. It tells the tragic story of the yacht Mignonette, which foundered on its way from England to Australia in 1884. The killing and eating of one of the crew, Richard Parker, led to the leading case in the defence of necessity, R. v. Dudley and Stephens. It resulted in their being convicted and sentenced to death, a sentence subsequently commuted. In this tour de force Brian Simpson sets the legal proceedings in their broadest historical context, providing a detailed account of the events and characters involved and of life at sea in the time of sail. Cannibalism and the Common Law is a demonstration that legal history can be written in human terms and can be compulsive reading. This brilliant and fascinating book, a marvelous example of eareful historical detection, and first-class legal history, written by a master.
Human Rights and the End of Empire
The European Convention on Human Rights of 1950 established the most effective international system of human rights protection ever created. This is the first book that gives a comprehensive account of how it came into existence, of the part played in its genesis by the British government, and of its significance for Britain in the period between 1953 and 1966.
In the Highest Degree Odious
During the Second World War, just under 2000 British citizens were detained without charge, trial or term set, under Regulation 18B of the wartime Defence Regulations. This book provides a comprehensive study of Regulation 18B and its precursor in the First World War, Regulation 14B.
Leading Cases in the Common Law
Brian Simpson's new book addresses the phenomenon of the leading case--the judicial decision which acquires a timeless quality, coming the stand for some legal idea, or priniciple, or doctrine thought to be central to the casuistic tradition of the common law. How do such cases arise in the first place? Can we tell why they were decided as they were? How do they come to achieve their special status? By a detailed and meticulous investigaion of their original historical context, and by tracing out their strange intellectual history, this book develops a highly original approach to the study of judicial decisions; one which represents an attack upon the deeply anti-empirical tradition of academic legal writing. Written in an unpretentious style, and in a manner which assumes of the reader no special legal expertise, this book will appeal to all those who are interested in the cultural and social history of the law and of legal thought, and who like to combine intellectual stimulation with the innocent pleasure of a good read.
A History of the Common Law of Contract
The Common Law is one of the two major and successful systems of law developed in Western Europe, and in one form or another is now in force not only in the country of its origin but also in the United States and large parts of the British Commonwealth and former parts of the Empire. Perhaps its most typical product is English Contract Law, developed continuously since the birth of the common law almost wholly by judicial decision. Although in its modern form primarily a product of the nineteenth century, the common law of contract as we know it developed around the action of assumpsit which evolved at the close of the fourteenth century, and many of its characteristic doctrines first emerged in the sixteenth and seventeenth centuries. This book, which takes the story up to 1677 (the date of Statute of Frauds) forms the first part of the history of contract law, and is written primarily from a doctrinal standpoint.
International Dispute Resolution and the Public Policy Exception
Despite the unprecedented growth of arbitration and other means of ADR in treaties and transnational contracts in recent years, there remains no clearly defined mechanism for control of the system. One of the oldest yet largely marginalized concepts in law is the public policy exception. This doctrine grants discretion to courts to set aside private legal arrangements, including arbitration, which might be considered harmful to the "public". The exceptional and vague nature of the doctrine, along with the strong push of actors in dispute resolution, has transformed it, in certain jurisdictions, to a toothless doctrine. At the international level, the notion of transnational public policy has...
