- Paperback: 272 pages
- Publisher: Gerald Duckworth & Co Ltd (24 Dec 2004)
- Language English
- ISBN-10: 0715632701
- ISBN-13: 978-0715632703
- Average Customer Review: 5.0 out of 5 stars See all reviews (2 customer reviews)
- Amazon Bestsellers Rank: 5,372,284 in Books (See Top 100 in Books)
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More About the Author
Product Description
Product Description
This unique book identifies, explains, analyses and discusses some of the most important and controversial principles of the Common Law of England, including some comparisons with United States law and that of Australia. Are logic and reason still principles of the law or should judges just be allowed to make up the law as they go along? Is the ancient principle of obedience to the law still valid today? Does the concept of Higher Law have any application to English law in relation either to European law or human rights law? What is meant by the Rule of Law: is there really such a thing? 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 ad
About the Author
Dr Michael Arnheim is a practising London barrister and mediator. He also teaches at London Metropolitan University. This is his tenth published book. Others include Civil Courts Practice and Procedure Handbook (with Christopher Stirling and Christopher Tromans (1999), Drafting Settlements of Disputes (1994) and Common Law (1994).
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Customer Reviews
Most Helpful Customer Reviews
3 of 3 people found the following review helpful
Format: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.
3 of 3 people found the following review helpful
Format: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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