The Impact of Law's History: What’s Past is Prologue

ISBN-13: 9783030900700 / Angielski

Sarah McKibbin; Jeremy Patrick; Marcus K. Harmes

Opis

​This book considers how legal history has shaped and continues to shape our shared present. Each chapter draws a clear and significant connection to a meaningful feature of our lives today. Focusing primarily on England and Australia, contributions show the diversity of approaches to legal history’s relevance to the present. Some contributors have a tight focus on legal decisions of particular importance. Others take much bigger picture overview of major changes that take centuries to register and where impact is still felt. The contributors are a mix of legal historians, practising lawyers, members of the judiciary, and legal academics, and develop analysis from a range of sources from statutes and legal treatises to television programs. Major legal personalities from Edward Marshall Hall to Sir Dudley Ryder are considered, as are landmarks in law from the Magna Carta to the Mabo Decision.

Spis treści

Chapter 1:

Introduction

Jeremy Patrick, Sarah McKibbin and Marcus Harmes

 

Chapter 2:

Politics and Profession: Sir Dudley Ryder and the Office of Attorney-General in England, 1689-1760

Wilfrid Prest

 

Chapter 3:

Lord Atkin’s Dissent in Liversidge v Anderson – Indecorously Orthodox?

Karen Schultz

 

Chapter 4:

The Challenges to the UK Constitution Since 1979 and Brexit 

Michael Mulligan

 

Chapter 5:

The Age of Rumpoleis Past? Legal History on British Television

Marcus K Harmes, Meredith A Harmes, and Barbara Harmes

 

Chapter 6:

The History of Legal Marketing In Australia And New Zealand

Keith Thompson

 

Chapter 7:

The Historical Development of The Fault Basis of Liability in The Law of Torts

Anthony Gray

 

Chapter 8:

What Albert did and What Albert did next: Albert Bathurst Piddington – The High Court Judge Who Never Sat

The Hon Justice A. S. Bell and James Monaghan

 

Chapter 9:

Path Dependency, the High Court, and the Constitution

Jeremy Patrick

 

Chapter 10:

The Use and Misuse of Legal History in The High Court Of Australia

Warren Swain

 

Chapter 11:

Did The Early British Colonists Regard the Indigenous Peoples of New South Wales as Subjects of the Crown Entitled to the Protection Of English Law?

Gavin Loughton

 

Chapter 12:

Land, the social imaginary and the Constitution Act 1867 (Qld)

Julie Copley

 

Chapter 13:

The good, the bad and the ugly: a short history of biosecurity regulation in australia

Noeleen McNamara

 

Chapter 14:

Legal Pluralism Past and Present: Magna Carta and a First Nations’ Voice In The Australian Constitution

Jason Taliadoros

 

O autorze

Sarah McKibbin is Lecturer (Law) in the School of Law and Justice, University of Southern Queensland, Australia, and co-author of A Legal History for Australia (2021) with Marcus Harmes and Libby Connors.

Jeremy Patrick is Lecturer in the School of Law and Justice, University of Southern Queensland, Australia. He has published multiple journal articles on historical aspects in the area of law and religion, including constitutional religion clauses, blasphemous libel, and the legal regulation of fortune-telling and individual spirituality.  He is author of Faith or Fraud: Fortune-telling, Spirituality, and the Law (2020).

Marcus Harmes is Professor, Associate Director Research in the University of Southern Queensland College, Australia, and teaches legal history in the law degree. He has published extensively in the fields of religious and political history, with a particular emphasis on British religious history and constitutional history.

Blurb

This book considers how legal history has shaped and continues to shape our shared present. Each chapter draws a clear and significant connection to a meaningful feature of our lives today. Focusing primarily on England and Australia, contributions show the diversity of approaches to legal history’s relevance to the present. Some contributors have a tight focus on legal decisions of particular importance. Others take much bigger picture overview of major changes that take centuries to register and where impact is still felt. The contributors are a mix of legal historians, practising lawyers, members of the judiciary, and legal academics, and develop analysis from a range of sources from statutes and legal treatises to television programs. Major legal personalities from Edward Marshall Hall to Sir Dudley Ryder are considered, as are landmarks in law from the Magna Carta to the Mabo Decision.

Sarah McKibbin is Lecturer (Law) in the School of Law and Justice, University of Southern Queensland, Australia, and co-author of A Legal History for Australia (2021) with Marcus Harmes and Libby Connors. 

Jeremy Patrick is Lecturer in the School of Law and Justice, University of Southern Queensland, Australia.  He has published multiple journal articles on historical aspects in the area of law and religion, including constitutional religion clauses, blasphemous libel, and the legal regulation of fortune-telling and individual spirituality.  He is author of Faith or Fraud: Fortune-telling, Spirituality, and the Law (2020).

Marcus Harmes is Professor, Associate Director Research in the University of Southern Queensland College, Australia, and teaches legal history in the law degree. He has published extensively in the fields of religious and political history, with a particular emphasis on British religious history and constitutional history.