The Politics of the Common Law offers a critical introduction to the legal system of England and Wales. Unlike other conventional accounts, this revised and updated second edition presents a coherent argument, organised around the central claim that contemporary postcolonial common law must be understood as an articulation of human rights and open justice.The book examines the impact of the European Convention and European Union law on the structures and ideologies of the ...

How writers after Adam Smith helped shape our thinking about economics and politicsFew issues are more central to our present predicaments than the relationship between economics and politics. In the century after Adam Smith's Wealth of Nations the British economy was transformed. After Adam Smith looks at how politics and political economy were articulated and altered. It considers how grand ideas about the connections between individual liberty,...

Convinced that rights are inalienable and that legitimate government requires the consent of the governed, the Fathers of Confederation - whether liberal or conservative - looked to the European enlightenment and John Locke. Janet Ajzenstat analyzes the legislative debates in the colonial parliaments and the Constitution Act (1867) in a provocative reinterpretation of Canadian political history from 1864 to 1873. Ajzenstat contends that the debt to Locke is most evident in the debates on t...

The Crown is not only Canada’s oldest continuing political institution, but also its most pervasive, affecting the operation of Parliament and the legislatures, the executive, the bureaucracy, the courts, and federalism. However, many consider the Crown to be obscure and anachronistic. David E. Smith’s The Invisible Crown was one of the first books to study the role of the Crown in Canada, and remains a significant resource for the unique perspective it offers on the Crown’s place...

This book introduces a historical perspective on the emergence and development of social welfare. Starting from the familiar ground of 'the family', it traces some of the crucial historical roots and desires that fed the development of social policy in the 19th and 20th centuries around education, the family, unemployment and nationhood. By aiming to discover the link between past and present, it shows that social problems are socially constructed in specific contexts and that there are di...

First published in 1985, this classic of law and society scholarship continues to shape the research agenda of today's sociology of punishment. It is now republished with a new Preface by the author.'Punishment and Welfare' explores the relation of punishment to politics, the historical formation and development of criminology, and the way in which penal reform grew out of the complex set of political projects that founded the modern welfare state. Its analyses powerfully illuminat...

Countries that now contemplate constitutional reform often grapple with the question of whether to constitutionalise social rights. This book presents an argument for why, under the right conditions, doing so can be a good way to advance social justice. In making such a case, the author considers the nature of the social minimum, the role of courts among other institutions, the empirical record of judicial impact, and the role of constitutional text. He argues, however, that when enforcing...

New to English law? Need to know how rules are made, interpreted and applied? This popular and well-established textbook will show you how. It simplifies legal method by combining examples with an account of rules in general: the who, what, why and how of interpretation. Starting with standpoint and context, it identifies factors that give rise to doubts about the interpretation of a rule and recommends a systematic approach to analysing those factors. Questions and exercises integrated in...

Although there are many texts on the law of evidence, surprisingly few are devoted specifically to the comparative and international aspects of the subject. The traditional view that the law of evidence belongs within the common law tradition has obscured the reality that a genuinely cosmopolitan law of evidence is being developed in criminal cases across the common law and civil law traditions. By considering the extent to which a coherent body of common evidentiary standards is being dev...

John Sorabji examines the theoretical underpinnings of the Woolf and Jackson reforms to the English and Welsh civil justice system. He discusses how the Woolf reforms attempted, and failed, to effect a revolutionary change to the theory of justice that informed how the system operated. It elucidates the nature of those reforms, which through introducing proportionality via an explicit overriding objective into the Civil Procedure Rules, downgraded the court's historic commitment to achievi...

Janet McLean explores how the common law has personified the state and how those personifications affect and reflect the state's relationship to bureaucracy, sovereignty and civil society, the development of public law norms, the expansion and contraction of the public sphere with nationalization and privatization, state responsibility and human rights. Treating legal thought as a variety of political thought, she discusses writers such as Austin, Maitland, Dicey, Laski, Robson, Hart, Grif...

What is the definition of ′crime′? Law and Crime helps the criminologist to understand how the law constructs crime and how one might engage in critical analysis of such legal constructions. It uses a thematic approach to comprehensively explore the relationship between criminal conduct, criminal justice and the law.The book introduces key topics in criminal law scholarship for criminologists, including:criminalizationfault and criminal resp...