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"In Principles of the Common Law, Dr. Michael Arnheim has written a fascinating and commonsensical discussion of issues crucial to the well being of the law. He displays well-honed analytical skills, particularly in dissecting the trend toward judicial and scholarly activism that threatens the integrity of the law in England and America." -- Judge Robert H. Bork, Former U.S. Solicitor General, and Former Acting Attorney General of the United States, and a Former U.S. Court of Appeals Judge
Product Description
This is the only currently available book to identify, explain, analyse and discuss some of the most important and controversial principles of the common law of England. Among the many questions addressed here are: Is the common law based on principles or not? If so, what are they and where do they come from? Can judges make up principles? Are logic and reason still principles of the law? Does the European Union law enjoy higher law status? Does human rights law enjoy higher law status? With the great emphasis today placed on rights, does the old principle still hold true that 'Where there's a right, there's a remedy'? What has happened to the doctrine 'Nobody shall profit from his own wrongdoing'? And what about the human rights supposedly guaranteed by the European Convention? This book focuses on two: individual liberty and freedom of expression. Michael Arnheim addresses these questions and also examines practical principles which can make all the difference to, for example, the validity of a will, the interpretation of a contract, or the outcome of a claim in negligence or administrative law. Written is a straightforward, easily accessible style, and drawing on recent cases such as those involving Tony Martin, Naomi Campbell, Michael Douglas and Catherine Zeta-Jones, this book will be illuminating to practising lawyers and students alike.
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Most Helpful Customer Reviews
3 of 3 people found the following review helpful:
5.0 out of 5 stars
I recommend this to every law student,
This review is from: Principles of the Common Law (Hardcover)
Without a concept of what its structure is like as a whole, studying law can be bewildering and frustrating. This book is perhaps the only book I have yet found that provides just that: a coherent presentation of the structure of English law from first principles, with the well-chosen cases to illustrate specifics. What you emerge with is an account of the kinds of things lawyers and students should be thinking about as they study and apply the law. If you're a student of English law, I'd suggest you put the textbooks aside for a couple of days, and give this book a read. Everything else becomes a great deal clearer afterwards.
2 of 2 people found the following review helpful:
5.0 out of 5 stars
an excellent discussion of common law principles,
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This review is from: The Principles of the Common Law (Paperback)
The common law is much misunderstood in Britain, either being seen as a creature of precedent or as a vague but now subsumed set of principles. yet understanding its vital relevance to the British constitution, to debates across whole areas of law, and to the understanding of the 'British way of doing things' exported via the Empire to nearly sixty countries has never been so necessary. As Britain contemplates a changed or even a written constitution, this book should be of interest to anyone interested in England's intellectual and legal history or her future. Dr Arnheim clearly explains the links of principles, precedent and history and is a clear and entertaining scholarly writer too.
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