Human Rights and Legal History: Essays in Honour of Brian Simpson

Hardcover | September 1, 2000

EditorKatherine ODonovan, Gerry R. Rubin

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This book brings together essays on themes of human rights and legal history, reflecting the long and distinguished career as academic writer and human rights activist of Brian Simpson. Written by colleagues and friends in the United States and Britain, the essays are intended to reflectSimpson's own legal interests. The collection opens with biography of Simpson's academic life which notes his major contribution to legal thought, and closes with an account of his career in the United States and a bibliography of his writings. As a tribute to Simpson's varied interests in the law, the collection is groupedaround themes in human rights, legal philosophy, and legal history. The human rights papers are concerned with the history of the right of individual petition to the European Court of Human Rights, and recent successes in which Brian Simpson played a part; the evolution of a transnational commonlaw of human rights; the United Nations Convention on the Rights of the Child and the interpretation of the provisions on identity in France and England; the suspension of human rights which would have occurred, had the emergency War Zone Courts scheme been brought into effect during wartime;historical resistance to colonial laws in Papua New Guinea; and the ratio decidendi of the story of the Prodigal Son. Historical themes are found in essays concerned with three nineteenth-century Lord Chancellors; in two essays relating to the fate of the civil jury on either side of the Atlanticwhich provide a fascinating comparison; in the 'battle of the books' which led to changes in eighteenth-century copyright law; and judicial rivalry between King's Bench and Common Pleas in the early modern period.

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From the Publisher

This book brings together essays on themes of human rights and legal history, reflecting the long and distinguished career as academic writer and human rights activist of Brian Simpson. Written by colleagues and friends in the United States and Britain, the essays are intended to reflectSimpson's own legal interests. The collection o...

Katherine O'Donovan is Professor of Law at the Faculty of Laws at Queen Mary College, University of London Gerry Rubin is Professor of Law atThe School of Law, University of Kent
Format:HardcoverPublished:September 1, 2000Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198264968

ISBN - 13:9780198264965

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Table of Contents

1. The Editors: Introduction2. Nuala Mole: International law, the Individual and A. W. Brian Simpson's Contribution to the Defence of Human Rights3. Christopher McCrudden: A Common Law of Human Rights? Transnational Judicial Conversations on Constitutional Rights4. Katherine O'Donovan: Abandoned Babies, Anonymous Mothers, and Children's Identity Rights5. Gerry R. Rubin: In the Highest Degree Ominous: Hitler's Threatened Invasion, the United Kingdom Parliament, and War Zone Courts in Britain, 1940-19456. Peter Fitzpatrick: Tears of the Law: Colonial Resistance and Legal Determination7. William Twining: The Ratio Decidendi of the Case of the Prodigal Son8. Gareth Jones: Three Very Remarkable Nineteenth-Century Lawyers9. Joshua Getzler: The Fate of the Civil Jury in Late Victorian England: Malicious Prosecution as a Test Case10. James Oldham: Reconsidering the Seventh Amendment Right to Jury Trial in Light of English Trial Practice of the Late Eighteenth Century11. W. R. Cornish: The Author's Surrogate12. J. H. Baker: Judicial Conservatism in the Tudor Common Pleas13. R. H. Helmholz: Brian Simpson in the United States14. Jules Winterton: A. W. B. Simpson: A Bibliography

Editorial Reviews

`a great warmth shines through the collection.'The Cambridge Law Journal 2001