Great cases are those judicial decisions around which the common law develops. This book explores eight exemplary cases from the United Kingdom, the United States and Australia that show the law as a living, breathing and down-the-street experience. It explores the social circumstances in which the cases arose and the ordinary people whose stories influenced and shaped the law as well as the characters and institutions (lawyers, judges and courts) that did much of the heavy lifting. By examining the consequences and fallout of these decisions, the book depicts the common law as an experimental, dynamic, messy, productive, tantalizing and bottom-up process, thereby revealing the diverse and uncoordinated attempts by the courts to adapt the law to changing conditions and shifting demands. Great cases are one way to glimpse the workings of the common law as an untidy but stimulating exercise in human judgment and social accomplishment.
Law is best interpreted in the context of the traditions and cultures that have shaped its development, implementation, and acceptance. However, these can never be assessed truly objectively: individual interpreters of legal theory need to reflect on how their own experiences create the framework within which they understand legal concepts. Theory is not separate from practice, but one kind of practice. It is rooted in the world, even if it is not grounded by it. In this highly original volume, Allan C. Hutchinson takes up the challenge of self-reflection about how his upbringing, education, and scholarship contributed to his legal insights and analysis. Through this honest examination of key episodes in his own life and work, Hutchinson produces unique interpretations of fundamental legal concepts. This book is required reading for every lawyer or legal scholar who wants to analyse critically where he or she stands when they practice and study law.
Any effort to understand how law works has to take seriously its main players – judges. Like any performance, judging should be evaluated by reference to those who are its best exponents. Not surprisingly, the debate about what makes a 'great judge' is as heated and inconclusive as the debate about the purpose and nature of law itself. History shows that those who are candidates for a judicial hall of fame are game changers who oblige us to rethink what it is to be a good judge. So the best of judges must tread a thin line between modesty and hubris; they must be neither mere umpires nor demigods. The eight judges showcased in this book demonstrate that, if the test of good judging is not about getting it right, but doing it well, then the measure of great judging is about setting new standards for what counts as judging well.
This book offers a radical challenge to accounts of the common law's development. Contrary to received jurisprudential wisdom, it maintains there is no grand theory which will explain satisfactorily the dynamic interactions of change and stability in the common law's history. Offering original readings of Charles Darwin's and Hans-Georg Gadamer's works, the book shows that law is a rhetorical activity that can only be properly appreciated in its historical and political context; tradition and transformation are locked in a mutually reinforcing but thoroughly contingent embrace. In contrast to the dewy-eyed offerings of much contemporary work, it demonstrates that, like life, law is an organic process (i.e., events are the products of functional and localized causes) rather than a miraculous one (i.e., events are the result of some grand plan or intervention). In short, common law is a perpetual work-in-progress - evanescent, dynamic, messy, productive, tantalising, and bottom-up.
Great cases' are those judicial decisions around which the common law pivots. In a sequel to the instant classic Is Eating People Wrong?, this book presents eight new great cases from the United Kingdom, the United States and Australia. Written in a highly accessible yet rigorous style, it explores the social circumstances, institutions (lawyers, judges and courts) and ordinary people whose stories shaped the law. Across the courts' diverse and uncoordinated attempts to adapt to changing conditions and shifting demands, it shows the law as the living, breathing and down-the-street experience it really is. Including seminal cases in end of life, abortion and equal rights, this is an ideal introduction for students to legal history and jurisprudence.
More has been said about the Hart-Fuller debate than can be considered healthy or productive even within the precious world of jurisprudential scholarship – too much philosophising about how law has revelled in its own abstractness and narrowness. But the mission of this book is distinctly and determinedly different – it is not to rework these already-rehashed ideas, but to reject them entirely. Rather than add to the massive jurisprudential literature that has been generated by all and sundry, the book criticises and abandons the project that Hart and Fuller set in motion. It contends that the turn that was taken in 1957 has led down a series of cul-de-sacs, blind alleys, and dead-ends to nowhere useful or illuminating. It is more than past time to leave their debate behind and strike out in an entirely new and more promising direction. The book insists that not only law, but also all theorising about law, is political in all its derivations, dimensions, and directions.
DIVThe author argues for an understanding of judging that rejects foundationalism (the effort to ground legal thought on something), attempts to carve out a "middle way" between formalist and the political visions of law, and offers a reconceptual/div
Along with used car dealers and telemarketers, lawyers are considered to be among the least trustworthy of all professionals. If lawyers want more respect, they will have to earn it by reframing their ethical responsibilities. In an original approach to law's moral dilemma, legal theorist Allan C. Hutchinson takes seriously the idea that 'litigation is war'. By drawing an extended analogy with the theory of ethical warfare, he examines the most difficult questions facing practicing lawyers today. Comparing the role of military officers to legal professionals and theories of just peace to legal settlement, Hutchinson outlines a boldly original approach to legal ethics. Fighting Fair's recommendation for a more substantive, honor-based approach to ethics will be a thought-provoking tool for anyone concerned about the moral standing of the legal profession.
More has been said about the Hart-Fuller debate than can be considered healthy or productive even within the precious world of jurisprudential scholarship – too much philosophising about how law has revelled in its own abstractness and narrowness. But the mission of this book is distinctly and determinedly different – it is not to rework these already-rehashed ideas, but to reject them entirely. Rather than add to the massive jurisprudential literature that has been generated by all and sundry, the book criticises and abandons the project that Hart and Fuller set in motion. It contends that the turn that was taken in 1957 has led down a series of cul-de-sacs, blind alleys, and dead-ends to nowhere useful or illuminating. It is more than past time to leave their debate behind and strike out in an entirely new and more promising direction. The book insists that not only law, but also all theorising about law, is political in all its derivations, dimensions, and directions.
Great cases' are those judicial decisions around which the common law pivots. In a sequel to the instant classic Is Eating People Wrong?, this book presents eight new great cases from the United Kingdom, the United States and Australia. Written in a highly accessible yet rigorous style, it explores the social circumstances, institutions (lawyers, judges and courts) and ordinary people whose stories shaped the law. Across the courts' diverse and uncoordinated attempts to adapt to changing conditions and shifting demands, it shows the law as the living, breathing and down-the-street experience it really is. Including seminal cases in end of life, abortion and equal rights, this is an ideal introduction for students to legal history and jurisprudence.
Great cases are those judicial decisions around which the common law develops. This book explores eight exemplary cases from the United Kingdom, the United States and Australia that show the law as a living, breathing and down-the-street experience. It explores the social circumstances in which the cases arose and the ordinary people whose stories influenced and shaped the law as well as the characters and institutions (lawyers, judges and courts) that did much of the heavy lifting. By examining the consequences and fallout of these decisions, the book depicts the common law as an experimental, dynamic, messy, productive, tantalizing and bottom-up process, thereby revealing the diverse and uncoordinated attempts by the courts to adapt the law to changing conditions and shifting demands. Great cases are one way to glimpse the workings of the common law as an untidy but stimulating exercise in human judgment and social accomplishment.
As a social process that places great stock in its stability and predictability, law does not deal easily or well with change. In a modern world that is in a constant and rapid state of flux, law is being placed under considerable stress in its efforts to fulfill its task as a primary regulator of social and economic behaviour. This challenge is particularly acute in the realm of technology and its profound ramifications for social and economic behaviour. The innovative Techno-Age not only offers fresh ways of handling old problems, but also throws up entirely new problems; traditional ways of thinking about and responding to these old and new problems and their optimal resolution are no longer as tenable as many once thought. One such example is the burgeoning world of cryptocurrencies – this peer-to-peer digital network presents a profound challenge to the status quo of the financial services sector, to the established modes of state-backed fiat currency, and to the regulatory authority and reach of law. Taken together, these related challenges demand the urgent attention of jurists, lawyers and law reformers. It is the future and relevance of legal regulation as much as cryptocurrency that is at stake. This book proposes an approach to regulating cryptocurrency that recognises and retains its innovative and transformative potential, but also identifies and deals with some of its less appealing qualities and implications.
Law is best interpreted in the context of the traditions and cultures that have shaped its development, implementation, and acceptance. However, these can never be assessed truly objectively: individual interpreters of legal theory need to reflect on how their own experiences create the framework within which they understand legal concepts. Theory is not separate from practice, but one kind of practice. It is rooted in the world, even if it is not grounded by it. In this highly original volume, Allan C. Hutchinson takes up the challenge of self-reflection about how his upbringing, education, and scholarship contributed to his legal insights and analysis. Through this honest examination of key episodes in his own life and work, Hutchinson produces unique interpretations of fundamental legal concepts. This book is required reading for every lawyer or legal scholar who wants to analyse critically where he or she stands when they practice and study law.
As things stand, a commitment to weak democracy and strong constitutionalism ensures that a range of elite groups, actors, and institutions – political, economic, intellectual, and legal – hold considerable sway over constitutional matters, leaving less room for the participation of ordinary people. With the continued primacy of liberal constitutionalism, constitutional law has come to represent and facilitate the centrality of judicial power and authority. In Democracy and Constitutions, Allan C. Hutchinson warns against this deference to a legal elite on questions of constitutional meaning. For Hutchinson, an over-reliance on constitutional law, and a lack of attention to democratic politics, keeps people from influencing the moral and political character of society; it saps civic energies and relegates ordinary people to the sidelines. Engaging and provocative, Democracy and Constitutions charts a course away from the elitism of the present and toward a more democratic future, one that re-balances society’s commitment to both democracy and constitutions. Advocating for a strong democracy and weak constitutionalism, this book places ordinary people at the institutional heart of government and politics, arguing that such a re-calibration is better for democracy and for society.
Along with used car dealers and telemarketers, lawyers are considered to be among the least trustworthy of all professionals. If lawyers want more respect, they will have to earn it by reframing their ethical responsibilities. In an original approach to law's moral dilemma, legal theorist Allan C. Hutchinson takes seriously the idea that 'litigation is war'. By drawing an extended analogy with the theory of ethical warfare, he examines the most difficult questions facing practicing lawyers today. Comparing the role of military officers to legal professionals and theories of just peace to legal settlement, Hutchinson outlines a boldly original approach to legal ethics. Fighting Fair's recommendation for a more substantive, honor-based approach to ethics will be a thought-provoking tool for anyone concerned about the moral standing of the legal profession.
Socially organized activity cannot occur without censorship. Going beyond ideological arguments, this collections of essays explores the extent of censorship in Canada today, the forms censorship takes, and the interests it serves.
DIVThe author argues for an understanding of judging that rejects foundationalism (the effort to ground legal thought on something), attempts to carve out a "middle way" between formalist and the political visions of law, and offers a reconceptual/div
This book offers a radical challenge to accounts of the common law's development. Contrary to received jurisprudential wisdom, it maintains there is no grand theory which will explain satisfactorily the dynamic interactions of change and stability in the common law's history. Offering original readings of Charles Darwin's and Hans-Georg Gadamer's works, the book shows that law is a rhetorical activity that can only be properly appreciated in its historical and political context; tradition and transformation are locked in a mutually reinforcing but thoroughly contingent embrace. In contrast to the dewy-eyed offerings of much contemporary work, it demonstrates that, like life, law is an organic process (i.e., events are the products of functional and localized causes) rather than a miraculous one (i.e., events are the result of some grand plan or intervention). In short, common law is a perpetual work-in-progress - evanescent, dynamic, messy, productive, tantalising, and bottom-up.
The definitive guide to the full spectrum of neurology "This is one of the best neurology textbooks available, providing the distilled insights and knowledge of some of today's truly outstanding neurologic clinicians....Like its predecessors, the current edition features writing that is clear and concise, yet conversational—it almost feels as if the reader is on rounds hearing the insights of a truly superb clinician....offers a great deal to the serious student of neurology and is well worth the investment. This outstanding text will continue to be a key resource for neurologists and neurosurgeons, as well as resident trainees in those disciplines. Many practicing internists, emergency physicians, and pediatricians will also find it to be an excellent resource."--JAMA A Doody's Core Title ESSENTIAL PURCHASE for 2011! 4 STAR DOODY'S REVIEW! "This book should be an essential element in the library of both young and seasoned clinicians....This has always been a successfully balanced textbook, combining a personal approach to the study of neurology and neurologic diseases. This edition, now 1572 pages, expands on the prior editions admirably. It achieves the difficult task of refreshing and updating a classic."--Doody's Review Service "one of the iconic texts in clinical medicine. The fact that it is now in its ninth edition attests to its durability and credibility as a comprehensive source for the pathophysiology, evaluation, and treatment of disorders of the nervous system. First published in 1975, it has withstood the enormous changes in neurological sciences during the subsequent decades and has remained a staple on the reference shelves of practitioners from a variety of backgrounds and training levels....A unique attribute for a volume of this size is that each chapter is written by the same authors, thus achieving a uniformity of voice....As a gold standard text, the ninth edition of Adams and Victor’s Principles of Neurology would serve as valuable complement to any medical library."--World Neurosurgery Journal Adams and Victor's Principles of Neurology provides all the information you will need to confidently handle any neurologic problem, from disorders of motility, and derangements of intellect, behavior, and language, to the degenerative and neuromuscular diseases. Having this gold standard text on your reference shelf is like being able to consult with skilled clinicians on a daily basis. More than a compilation of facts, Adams and Victor's delivers expert insights not found in any other resource that help you understand every aspect of neurological disease. Written in a conversational style, the text offers practical, yet in-depth, coverage of both common and rare illnesses. Adams and Victor's Principles of Neurology also includes timely, complete, and accessible treatment and clinical management strategies. FEATURES Balanced presentation of evidence-based research coupled with the perspectives and experience of world-renowned expert neurologists Logical six-part organization reviews the clinical method, cardinal presentations, diseases of the central nervous system, diseases of the peripheral nervous system, and psychiatric disorders A-to-Z coverage of cardinal manifestations, including disorders of the special senses; epilepsy and disorders of consciousness; disorders of energy, mood, autonomic, and endocrine functions; and neuromuscular, spinal cord, and psychiatric disease Focus on symptoms, etiology, diagnosis, and treatment offers complete, practical guidance in clinical practice Special section on growth, development, and aging related to neurologic disease presents the latest, cutting-edge research in this integral area
The definitive guide to the full spectrum of neurology Adams and Victor's Principles of Neurology provides all the information you will need to confidently handle any neurologic problem, from disorders of motility, and derangements of intellect, behavior, and language, to the degenerative and neuromuscular diseases. Having this gold standard text on your reference shelf is like being able to consult with skilled clinicians on a daily basis. More than a compilation of facts, Adams and Victor's delivers expert insights not found in any other resource that help you understand every aspect of neurological disease. Written in a conversational style, the text offers practical, yet in-depth, coverage of both common and rare illnesses. Adams and Victor's Principles of Neurology also includes timely, complete, and accessible treatment and clinical management strategies. FEATURES Balanced presentation of evidence-based research coupled with the perspectives and experience of world-renowned expert neurologists Logical six-part organization reviews the clinical method, cardinal presentations, diseases of the central nervous system, diseases of the peripheral nervous system, and psychiatric disorders A-to-Z coverage of cardinal manifestations, including disorders of the special senses; epilepsy and disorders of consciousness; disorders of energy, mood, autonomic, and endocrine functions; and neuromuscular, spinal cord, and psychiatric disease Focus on symptoms, etiology, diagnosis, and treatment offers complete, practical guidance in clinical practice Special section on growth, development, and aging related to neurologic disease presents the latest, cutting-edge research in this integral area
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