This book offers a radical challenge to all existing accounts of the common law's development. Contrary to received jurisprudential wisdom, it maintains there is no grand theory which will explain satisfactorily the dynamic interactions of change and stability in the common law's history. Offering fresh and original readings of Charles Darwin's and Hans-Georg Gadamer's works, the book demonstrates that law is a rhetorical activity that can only be properly appreciated in its historical and political context. It reveals that, like life, law is an organic process and that common law is a...
This book offers a radical challenge to all existing accounts of the common law's development. Contrary to received jurisprudential wisdom, it maintai...
It has been part of the liberal tradition to decry censorship in all its forms, and to attempt to separate censorship from democratic forms of government. There has been as yet no real attempt to integrate censorship into political theory.
The twenty-three contributors to this book view censorship pragmatically. They aim to treat it as a constituent feature of any system of social control or practice. By capturing and analyzing the social, political, cultural and economic components of restriction of freedom of expression and access to information, they go beyond the merely...
It has been part of the liberal tradition to decry censorship in all its forms, and to attempt to separate censorship from democratic forms of gove...
Three questions concerning modern legal thought provide the framework for "It's All in the Game: " What should judges do? What do judges do? What can judges do? Contrasting his own answers to traditional responses and moving playfully between debates of high theory, daily practices of appellate judges, and his own enlightening analyses of significant court rulings, Allan C. Hutchinson examines what it means to treat adjudication as an engaged game of rhetorical justification. His resulting argument enables the reader to grasp more fully the practical operation, political determinants, and the...
Three questions concerning modern legal thought provide the framework for "It's All in the Game: " What should judges do? What do judges do? What can ...
Great cases are those judicial decisions around which the common law develops. This book explores eight exemplary cases from the United Kingdom, the United States, and Australia that show the law as a living, breathing, and down-the-street experience. It explores the social circumstances in which the cases arose and the ordinary people whose stories influenced and shaped the law as well as the characters and institutions (lawyers, judges, and courts) that did much of the heavy lifting. By examining the consequences and fallout of these decisions, the book depicts the common law as an...
Great cases are those judicial decisions around which the common law develops. This book explores eight exemplary cases from the United Kingdom, the U...
Any effort to understand how law works has to take seriously its main players judges. Like any performance, judging should be evaluated by reference to those who are its best exponents. Not surprisingly, the debate about what makes a 'great judge' is as heated and inconclusive as the debate about the purpose and nature of law itself. History shows that those who are generally considered to be candidates for a judicial hall of fame are game changers who oblige us to rethink what it is to be a good judge. So the best of judges must tread a thin line between modesty and hubris; they must be...
Any effort to understand how law works has to take seriously its main players judges. Like any performance, judging should be evaluated by reference t...
Along with used car dealers and telemarketers, lawyers are considered to be among the least trustworthy of all professionals. If lawyers want more respect, they will have to earn it by reframing their ethical responsibilities. In an original approach to law's moral dilemma, legal theorist Allan C. Hutchinson takes seriously the idea that 'litigation is war.' By drawing an extended analogy with the theory of ethical warfare, he examines the most difficult questions facing practicing lawyers today. Comparing the role of military officers to legal professionals and theories of just peace to...
Along with used car dealers and telemarketers, lawyers are considered to be among the least trustworthy of all professionals. If lawyers want more res...
'Great cases' are those judicial decisions around which the common law pivots. In a sequel to the instant classic Is Eating People Wrong?, this book presents eight new great cases from the United Kingdom, the United States and Australia. Written in a highly accessible yet rigorous style, it explores the social circumstances, institutions (lawyers, judges and courts) and ordinary people whose stories shaped the law. Across the courts' diverse and uncoordinated attempts to adapt to changing conditions and shifting demands, it shows the law as the living, breathing and down-the-street experience...
'Great cases' are those judicial decisions around which the common law pivots. In a sequel to the instant classic Is Eating People Wrong?, this book p...
'Great cases' are those judicial decisions around which the common law pivots. In a sequel to the instant classic Is Eating People Wrong?, this book presents eight new great cases from the United Kingdom, the United States and Australia. Written in a highly accessible yet rigorous style, it explores the social circumstances, institutions (lawyers, judges and courts) and ordinary people whose stories shaped the law. Across the courts' diverse and uncoordinated attempts to adapt to changing conditions and shifting demands, it shows the law as the living, breathing and down-the-street experience...
'Great cases' are those judicial decisions around which the common law pivots. In a sequel to the instant classic Is Eating People Wrong?, this book p...
