Common Law and Modern Society: Keeping Pace with Change by Mary ArdenCommon Law and Modern Society: Keeping Pace with Change by Mary Arden

Common Law and Modern Society: Keeping Pace with Change

byMary Arden

Hardcover | January 16, 2016

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Law is a lasting social institution, but it must also be open to change. How is law made, and what prompts change? How can society influence the law, and how does the law respond to societal change? The first volume of Shaping Tomorrow's Law examined human rights and European law. In thissecond volume Mary Arden turns her attention to domestic law, providing a judge's viewpoint on the roles of society, government, and the judiciary in the transformation and reform of the law.The first section of Common Law and Modern Society explains what we mean by judge-made law and shows how the law responds to the needs of a changing society. Adaptation may be in response to shifting values, or in response to constitutional change. This is demonstrated in chapters on assistedreproduction and assisted dying, both modern concerns, and a far older example, that of the law on water, which has been evolving over the centuries in response to society's changing demands. The law also needs to reflect constitutional change, as in the case of Welsh devolution.The second section of the book looks at the necessary simplification of the law and systematic legal reform. These tasks lie at the heart of the work of the Law Commission, which celebrated its 50th anniversary in 2015. Drawing on her own experience as former Chairman of the Law Commission, MaryArden argues that statute law can be made simpler by codification, and that the success of codification may vary depending on the field of law. The final section looks ahead to tomorrow's judiciary. The accountability of judges is a continuing area of discussion, and this includes ensuring that the reasoning behind their decisions is understood by the relevant people. Mary Arden goes on to argue that the vision for the judiciary today and tomorrow should be one of greater diversity in the widest sense. This will help to ensure not only greater fairness and wider opportunity but also better decision-making. The book concludes with advice and encouragement forfuture legal professionals.
The Rt. Hon. Lady Justice Arden DBE was called to the Bar of England and Wales in 1971, and became a Queen's Counsel in 1986. She was appointed a Justice of the High Court of Justice of England and Wales in 1993, the first woman judge to be assigned to the High Court's Chancery Division. From 1996 to 1999 she was the Chair of the Law C...
Title:Common Law and Modern Society: Keeping Pace with ChangeFormat:HardcoverDimensions:336 pagesPublished:January 16, 2016Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198755848

ISBN - 13:9780198755845

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Table of Contents

Justice Ruth Bader Ginsburg and Baroness Hale of Richmond: PrefaceSECTION A - LAW IN A CHANGING SOCIETYThe Rt Hon Beverley McLachlin, PC, Chief Justice of Canada: PrefacePart I: Responding to a Changing Society1. Water Matters2. Legal Problems Arising at the Start and End of Life: The Role of Judges and Parliament3. Coming to Terms with Good Faith4. Economic Torts in the Twenty-First Century5. Duty, Causal Contribution, and the Scope of Responsibility: Does the Law of Negligence Impose Rational Limits?Part II: Absorbing the Impact of Constitutional Change6. Magna Carta and the Hidden Wiring of the Common Law7. Independence of the Judiciary and the Role of Parliaments8. What is the Safeguard for Welsh Devolution?SECTION B - SIMPLIFICATION AND SYSTEMATIC DEVELOPMENT OF THE LAWThe Rt Hon Lord Mackay of Clashfern: PrefacePart III: Systematic Development and Reform of the Law9. The Work of the Law Commission10. Improving the Statute Book: A Law Reformer's Viewpoint (Part 1)Part IV: Making Statute Law More Accessible11. Improving the Statute Book: A Law Reformer's Viewpoint (Part 2)12. Modernizing LegislationPart V: Codification13. Time for an English Commercial Code?14. Criminal Law at the Crossroads15. Companies Act 2006 (UK): A New Approach to Directors' DutiesThe Rt Hon Jack Straw: PrefacePart VI: The Future of Judgment Writing16. Judgment Writing: Are Shorter Judgments Achievable?17. A Matter of StylePart VII: The Old Order Changeth? The Judiciary in the Twenty-First Century18. Magna Carta and the Judges: Realizing the Vision19. Women Judges: Britain's Place in the WorldPart VIII: The Future is in Their Hands20. The Woman Lawyer21. Pupillage Inside OutGlossary