In recent years a strand of thinking has developed in private law scholarship which has come to be known as 'rights' or 'rights-based' analysis. Rights analysis seeks to develop an understanding of private law obligations that is driven, primarily or exclusively, by the recognition of the rights we have against each other, rather than by other influences on private law, such as the pursuit of community welfare goals. Notions of rights are also assuming greater importance in private law in other respects. Human rights instruments are having an increasing influence on private law doctrines. And in the law of unjust enrichment, an important debate has recently begun on the relationship between restitution of rights and restitution of value. This collection is a significant contribution to debate about the role of rights in private law. It includes essays by leading private law scholars addressing fundamental questions about the role of rights in private law as a whole and within particular areas of private law. The collection includes contributions by advocates and critics of rights-based approaches and provides a thorough and balanced analysis of the relationship between rights and private law.
The book uncovers the involvement of the Secret Service and how Maundy Gregory exploited sensitive information that enabled him to gain access and influence to pillars of the establishment. It reveals for the first time the contents of the recently de-classified secret file held on Gregory and his activities by the Vatican and exposes the circumstances surrounding Gregory's 1933 arrest for selling honours and the deal he was offered by Cabinet Ministers to quite the country in return for a light sentence and a pension for life.
The British electorate swelled dramatically with the passing of the Second Reform Act in 1867. This presented the political class with a significant challenge. Here was a large, new electorate which needed to be understood, managed, enthused, and persuaded to vote for the right candidate in local and parliamentary elections. From this time onwards education and democratic involvement of these new voters became vital for political success. In Birmingham, the town of a thousand trades, Joseph Chamberlain and his allies were faced with an electorate which had tripled in size overnight and many of whom had never previously voted or participated in politics. In response, Joseph Chamberlain and his close-knit Birmingham team developed national campaigns on issues such as universal education, democracy and tariff reform which required new methods for propagating and winning arguments that resonated across all classes and interests. At the same time they colonised Birmingham's town council, school board and other municipal bodies where they gained the practical political experience which they could transfer to the national stage. For the first time The Birmingham Political Machine lays bare how Joseph Chamberlain with his colleagues and friends was so successful that never before or since has one politician monopolised regional power as Joseph Chamberlain did for more than thirty years in the West Midlands. He made it his invincible fortress. From now on British politics would never be the same and the techniques developed by the Birmingham Machine can still be seen today.
In the momentous period -- barely 30 years -- covered by this systematic reference/guide, the Edwardian world was transformed unrecognisably, through war, technological progress and social change, into the Nuclear Age. It saw the coming of mass democracy, the apogee of empire, the Depression, the threat of fascism, the development of suburban society, and, as yet scarcely understood, the end of Britain's international hegemony. Andrew Thorpe's superb contribution to the Companions series illuminates all this and much else. It will be indispensable to anyone interested in the history and politics of modern Britain.
Readers of Shakespeare's language, from the playhouse to the classroom, have long been aware of his peculiar interest in legal words and concepts - Richard II's two bodies, Hamlet's quiddities and quillets, Pandarus' peine forte et dure. In this new study, Andrew Zurcher takes a fresh, historically sensitive look at Shakespeare's meticulous resort to legal language, texts, concepts, and arguments in a range of plays and poems. Following a preface that situates Shakespeare's life within the various legal communities of his Stratford and London periods, Zurcher reconsiders the ways in which Shakespeare adapts legal language and concepts to figure problems about being, knowing, reading, interpretation, and action. In challenging new readings of plays from King John and Henry IV to As You Like It and Hamlet, Shakespeare and Law reveals the importance of early modern common legal thinking to Shakespeare's representations of inheritance, possession, gift-giving, oath-swearing, contract, sovereignty, judgment, and conscience - and, finally, to our own reception and interpretation of his works.
Filling a conspicuous gap in the legal literature, Andrew T. Guzman's How International Law Works develops a coherent theory of international law and applies that theory to the primary sources of law, treaties, customary international law, and soft law. Starting where most non-specialists start, Guzman looks at how a legal system without enforcement tools can succeed. If international law is not enforced through coercive tools, how is it enforced at all? And why would states comply with it?--Publisher.
Prize-winning British historian tells the story of the English-speaking peoples in the 20th century Winston Churchill's History of the English-Speaking Peoples ended in 1900. Andrew Roberts, Wolfson History prizewinner has been inspired by Churchill's example to write the story of the 20th century. Churchill wrote: 'Every nation or group of nations has its own tale to tell. Knowledge of the trials and struggles is necessary to all who would comprehend the problems, perils, challenges, and opportunities which confront us today 'It is in the hope that contemplation of the trials and tribulations of our forefathers may not only fortify the English-speaking peoples of today, but also play some small part in uniting the whole world, that I present this account.' As the greatest of all the trials and tribulations of the English-speaking peoples took place in the twentieth century, Roberts' book covers the four world-historical struggles in which the English-speaking peoples have been engaged - the wars against German Nationalism, Axis Fascism, Soviet Communism and now the War against Terror. But just as Churchill did in his four volumes, Roberts also deals with the cultural, social and political history of the English global diaspora.
Researching and tracing information is an essential skill that students need to master in order to succeed in their legal studies and future careers. This practical guide to effective legal research presents the information in a step-by-step format leading students through the world of legal research both in a law library and researching online
This book explores the powers, activities, and accountability of MI5 from the end of the Second World War to 1964. It argues that MI5 acted with neither statutory authority nor statutory powers, and with no obvious forms of statutory accountability. It was established as a counter-espionage agency, yet was beset by espionage scandals on a frequency that suggested if not high levels of incompetence, then high levels of distraction and the squandering of resources. The book addresses the evolution of MI5's mandate after the Second World War which set out its role and functions, and to a limited extent the lines of accountability, the surveillance targets of MI5 and the surveillance methods that it used for this purpose, with a focus in two chapters on MPs and lawyers respectively; the purposes for which this information was used, principally to exclude people from certain forms of employment; and the accountability of MI5 or the lack thereof for the way in which it discharged its responsibilities under the mandate. As lawyers the authors' concern is to consider these questions within the context of the rule of law, one of the core principles of the British constitution, the values of which it was the duty of the Security Service to uphold. Based on extensive archival research, it suggests that MI5 operated without legal authority or exceeded the legal authority it did have.
This history examines the Conservative Party's ability to dominate British politics. It takes as its key themes the party's relationship with mass democracy and its willingness to adapt, often at the cost of considerable internal conflict and ideological change.
This dynamic text, cases, & materials book provides a thought-provoking guide to the public law of the UK. It sets out key institutions, legal principles, and conventions and its clear commentary draws on case studies and extracts from a range of sources to provide a full understanding of the law and the major theoretical and political debates.
In the last twenty five years, company law in the Commonwealth Caribbean has undergone dramatic changes, from a model influenced by English law to a new, harmonised collection of regional legislation based on the Caricom and CLI model Acts that vary substantially across Caricom member states. The variation within Caribbean company law presents an enormous challenge, both in terms of the breadth of the subject and in addressing the difference in provisions of one state’s Company Law Act as opposed to another. Using the Caricom model Act and CLI model Act as a basis for its structure, Commonwealth Caribbean Company Law examines and compares regional implementation of company law in an accessible and comprehensive manner that will be invaluable to students and practitioners in the region.
The Swiss Reformed Theologian Emil Brunner was one of the key figures in the early 20th century theological movement of Dialectical Theology. In this monograph David Gilland offers an account of Bruner's earlier theology in relation to one of the central themes of the Protestant Reformation: Law and Gospel.He examines Brunner's early relationship with fellow Swiss Reformed theologian, Karl Barth and provides a detailed reading of a variety of Brunner's essays from the early to mid-1920s, centering on Brunner's efforts to use the law-gospel relationship to establish a basis for Christian theology. After analyzing the influence this has on Brunner's theological method, Gilland examines Brunner's earliest text on Christology, The Mediator (1927). In light of the preceding analysis, the fourth chapter provides a careful reading of Brunner's controversial polemic against Karl Barth, Nature and Grace (1934).The monograph concludes with reflections on Brunner's earlier theological work and his turbulent relationship with Karl Barth.
A classic text, Chamberlain's Symptoms and Signs in Clinical Medicine has been providing students and professionals with a detailed and well-illustrated account of the symptoms and signs of diseases affecting all the body systems since the first edition published in 1936. Now completely rewritten by a new team of authors selected for their experien
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