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Common Law and Modern Society: Keeping Pace with Change
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Common Law and Modern Society: Keeping Pace with Change

by Mary Arden
Edition: 1st Edition, 2016
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Product Details:

Format: Hardback
Pages: 288 pages
Publisher: Oxford University Press
Language: English
ISBN: 9780198755845
Dimensions: 23.4 X 15.5 X 2.3 CM
Publisher Code: 9780198755845
Date Added: 2018-08-03
Search Category: Lawbooks
Jurisdiction: International

Overview:

Law is a lasting social institution, but it must also be open to change. How is law made, and what prompts change? How can society influence the law, and how does the law respond to societal change? The first volume of Shaping Tomorrow's Law examined human rights and European law. In this second volume Mary Arden turns her attention to domestic law, providing a judge's viewpoint on the roles of society, government, and the judiciary in the transformation and reform of the law.

The first section of Common Law and Modern Society explains what we mean by judge-made law and shows how the law responds to the needs of a changing society. Adaptation may be in response to shifting values, or in response to constitutional change. This is demonstrated in chapters on assisted reproduction and assisted dying, both modern concerns, and a far older example, that of the law on water, which has been evolving over the centuries in response to society's changing demands. The law also needs to reflect constitutional change, as in the case of Welsh devolution.

The second section of the book looks at the necessary simplification of the law and systematic legal reform. These tasks lie at the heart of the work of the Law Commission, which celebrated its 50th anniversary in 2015. Drawing on her own experience as former Chairman of the Law Commission, Mary Arden argues that statute law can be made simpler by codification, and that the success of codification may vary depending on the field of law.

The final section looks ahead to tomorrow's judiciary. The accountability of judges is a continuing area of discussion, and this includes ensuring that the reasoning behind their decisions is understood by the relevant people.

Mary Arden goes on to argue that the vision for the judiciary today and tomorrow should be one of greater diversity in the widest sense. This will help to ensure not only greater fairness and wider opportunity but also better decision-making. The book concludes with advice and encouragement for future legal professionals.

  • An insider account of the impact of societal change on modern law-making
  • Examines future directions for the judiciary and law-making in England and Wales
  • Provides rare insight into the senior judiciary, drawing upon Arden's own direct experience in the Courts and on the Law Commission
  • The second of a two volume set of essays entitled Shaping Tomorrow's Law, which gathers speeches, articles, and unpublished material by a senior judge
  • A useful teaching tool for law students, assisting comprehension of the decision-making process in the Courts
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Table Of Contents:

Preface, Justice Ruth Bader Ginsburg and Baroness Hale of Richmond
SECTION A - LAW IN A CHANGING SOCIETY
Preface, The Rt Hon Beverley McLachlin, PC, Chief Justice of Canada
Part I: Responding to a Changing Society
1. Water Matters
2. Legal Problems Arising at the Start and End of Life: The Role of Judges and Parliament
3. Coming to Terms with Good Faith
4. Economic Torts in the Twenty-First Century
5. Duty, Causal Contribution, and the Scope of Responsibility: Does the Law of Negligence Impose Rational Limits?
Part II: Absorbing the Impact of Constitutional Change
6. Magna Carta and the Hidden Wiring of the Common Law
7. Independence of the Judiciary and the Role of Parliaments
8. What is the Safeguard for Welsh Devolution?
SECTION B - SIMPLIFICATION AND SYSTEMATIC DEVELOPMENT OF THE LAW
Preface, The Rt Hon Lord Mackay of Clashfern
Part III: Systematic Development and Reform of the Law
9. The Work of the Law Commission
10. Improving the Statute Book: A Law Reformer's Viewpoint (Part 1)
Part IV: Making Statute Law More Accessible
11. Improving the Statute Book: A Law Reformer's Viewpoint (Part 2)
12. Modernizing Legislation
Part V: Codification
13. Time for an English Commercial Code?
14. Criminal Law at the Crossroads
15. Companies Act 2006 (UK): A New Approach to Directors' Duties
Preface, The Rt Hon Jack Straw
Part VI: The Future of Judgment Writing
16. Judgment Writing: Are Shorter Judgments Achievable?
17. A Matter of Style
Part VII: The Old Order Changeth? The Judiciary in the Twenty-First Century
18. Magna Carta and the Judges: Realizing the Vision
19. Women Judges: Britain's Place in the World
Part VIII: The Future is in Their Hands
20. The Woman Lawyer
21. Pupillage Inside Out
Glossary

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