简介
Summary:
Publisher Summary 1
Tom Bingham (1933-2010) was the 'greatest judge of our time' (The Guardian), a towering figure in modern British public life who championed the rule of law and human rights inside and outside the courtroom. Lives of the Law collects Bingham's most important later writings, in which he brings his distinctive, engaging style to tell the story of the diverse lives of the law: its life in government, in business, and in human wrongdoing. Following on from 'The Business of Judging' (2000), the papers collected here tackle some of the major debates in British public life over the last decade, from reforming the constitution to the growth of human rights law. They offer Bingham's distinctive insight on issues such as the role of the judiciary in a democracy, the implementation of the Human Rights Act, and the development of the rule of law, in the UK and internationally.
Publisher Summary 2
Tom Bingham (1933-2010) was the 'greatest judge of our time' (The Guardian), a towering figure in modern British public life who championed the rule of law and human rights inside and outside the courtroom. Lives of the Lawcollects Bingham's most important later writings, in which he brings his distinctive, engaging style to tell the story of the diverse lives of the law: its life in government, in business, and in human wrongdoing.
Following on from The Business of Judging(2000), the papers collected here tackle some of the major debates in British public life over the last decade, from reforming the constitution to the growth of human rights law. They offer Bingham's distinctive insight on issues such as the role of the judiciary in a democracy, the implementation of the Human Rights Act, and the development of the rule of law, in the UK and internationally.
Written in the accessible style that made The Rule of Law(2010) a popular success, the book will be essential reading for all those working in law, and an engaging inroad to understanding modern constitutional and legal debates for the general reader.
目录
Table Of Contents:
I The Constitution and the Rule of Law
Looking Backward
1 Magna Carta 3(10)
2 The Alabama Claims and the International Rule of Law 13(28)
3 Dicey Revisited 41(15)
4 The Evolving Constitution 56(20)
I The devolutionary principle 58(6)
II The representative principle 64(7)
III The principle of judicial independence 71(5)
5 The Old Order Changeth 76(17)
Looking Forward
6 A Written Constitution? 93(15)
7 The Future of the House of Lords 108(19)
II The Business of Judging
8 The Judges: Active or Passive? 127(17)
9 Governments and Judges: Friends or Enemies? 144(13)
10 The Highest Court in the Land 157(20)
III Human Rights and Human Wrongs
11 The Human Rights Act: A View from the Bench 177(12)
12 Personal Freedom and the Dilemma of Democracies 189(20)
13 Habeas Corpus 209(12)
14 `The Law Favours Liberty': Slavery and the English Common Law 221(18)
15 I Beg Your Pardon 239(16)
IV The Common Law
16 From Servant to Employee: A Study of the Common Law in Action 255(14)
17 A Duty of Care: The Uses of Tort 269(14)
18 The Law as the Handmaid of Commerce 283(13)
19 A New Thing Under the Sun?: The Interpretation of Contracts and the ICS Decision 296(18)
20 The Internationalization of the Common Law 314(25)
V Lives of the Law
21 Dr Johnson and the Law 339(17)
22 Mr Bentham is Present 356(17)
Index 373
I The Constitution and the Rule of Law
Looking Backward
1 Magna Carta 3(10)
2 The Alabama Claims and the International Rule of Law 13(28)
3 Dicey Revisited 41(15)
4 The Evolving Constitution 56(20)
I The devolutionary principle 58(6)
II The representative principle 64(7)
III The principle of judicial independence 71(5)
5 The Old Order Changeth 76(17)
Looking Forward
6 A Written Constitution? 93(15)
7 The Future of the House of Lords 108(19)
II The Business of Judging
8 The Judges: Active or Passive? 127(17)
9 Governments and Judges: Friends or Enemies? 144(13)
10 The Highest Court in the Land 157(20)
III Human Rights and Human Wrongs
11 The Human Rights Act: A View from the Bench 177(12)
12 Personal Freedom and the Dilemma of Democracies 189(20)
13 Habeas Corpus 209(12)
14 `The Law Favours Liberty': Slavery and the English Common Law 221(18)
15 I Beg Your Pardon 239(16)
IV The Common Law
16 From Servant to Employee: A Study of the Common Law in Action 255(14)
17 A Duty of Care: The Uses of Tort 269(14)
18 The Law as the Handmaid of Commerce 283(13)
19 A New Thing Under the Sun?: The Interpretation of Contracts and the ICS Decision 296(18)
20 The Internationalization of the Common Law 314(25)
V Lives of the Law
21 Dr Johnson and the Law 339(17)
22 Mr Bentham is Present 356(17)
Index 373
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