Judge and Jurist: Essays in Memory of Lord Rodger

Hardcover | July 19, 2013

EditorAndrew Burrows, David Johnston, Reinhard Zimmermann

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Lord Rodger of Earlsferry was a distinguished judge and scholar. He was a Justice of the Supreme Court of the United Kingdom and the author of many high quality law journal articles and two books. Written in memory of Lord Rodger, this collection contains 47 essays by Lord Rodger's friends andcolleagues from the UK and Europe. The essays reflect Lord Rodger's role as a leading judge and also his wide-ranging academic interests including Roman law, Scots law and legal history, and a miscellany of other topics. The authors in this volume are leading academics or judges, and a particularly notable feature is the nine essays written by Supreme Court justices. As the highest judges in the UK they provide a unique insight into the work of the Supreme Court, as well as Lord Rodger's work in the Court. The bookalso includes the memorial tributes to Lord Rodger which explain his remarkable legal career, including his roles as Lord Advocate (Senior Law Officer of Scotland) Lord President of the Court of Session, Lord of Appeal in Ordinary and, finally, Justice of the UK Supreme Court. The essays includepersonal reminiscences of Lord Rodger, helping the reader to understand why he was so highly regarded and why his untimely death has dealt such a devastating blow to law in the UK.

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Lord Rodger of Earlsferry was a distinguished judge and scholar. He was a Justice of the Supreme Court of the United Kingdom and the author of many high quality law journal articles and two books. Written in memory of Lord Rodger, this collection contains 47 essays by Lord Rodger's friends andcolleagues from the UK and Europe. The essa...

Andrew Burrows, MA, BCL, LLM (Harvard), QC (Hon), FBA, Barrister and Honorary Bencher of Middle Temple is Professor of the Law of England at the University of Oxford and a Fellow at All Souls. He sits as a Recorder and is a door tenant at Fountain Court Chambers. He was formerly the Norton Rose Professor of Commercial Law and a Fellow...

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Format:HardcoverDimensions:752 pages, 9.21 × 6.14 × 0.01 inPublished:July 19, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199677344

ISBN - 13:9780199677344

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Table of Contents

Part I: Tributes to Lord Rodger1. Colin MacKay: Alan Ferguson Rodger: A Tribute given at the Memorial Service held in St Giles' Cathedral, Edinburgh on 25 November 20112. David Edward: Alan Ferguson Rodger: A Tribute given at the Memorial Service held in St Giles' Cathedral, Edinburgh on 25 November 20113. Andrew Burrows: Alan Ferguson Rodger: A Tribute given at the Memorial Service held in the University Church of St Mary the Virgin, Oxford on 11 February 20124. Luigi Labruna: Lord Rodger: An Italian TributePart II: Lord Rodger in the House of Lords and Supreme Court5. Lord Brown of Eaton-under- Heywood: Dissenting Judgments6. Lord Dyson: Some Reflections on Lord Rodger's Contribution to the Development of the Common Law7. Baroness Hale of Richmond: Lord Rodger's Mental Health Law8. Lord Hoffmann: Fairchild and After9. Lord Hope of Craighead: Lord Rodger's Notebooks10. Lord Mance: Foreign Laws and Languages11. Tetyana Nesterchuk: The View from behind the Bench: the Role of Judicial Assistants in the UK Supreme Court12. Lord Phillips of Worth Matravers: 'Strasbourg has Spoken'13. Lord Reed: The Form and Language of Lord Rodger's Judgments14. Lord Walker of Gestingthorpe: Lord Rodger and Statute LawPart III: Roman Law and Roman Legal History15. Tiziana Chiusi: Fama and infamia in the Roman Legal System: The Cases of Afrania and Lucretia16. Paul du Plessis: Damaging a Slave17. David Ibbetson: The Dating of the lex Aquilia18. David Johnston: Lenel's Palingenesia: Two Footnotes to Rodger19. Rolf Knutel: Grappling with the Difficult Subjects with which the Roman lawyers Liked to Grapple20. Ernest Metzger: Agree to Disagree: Local Jurisdiction in the lex Irnitana21. Olivia Robinson: Lawmaking in Times of Disorder22. Martin Schermaier: Borrowed Plumes and Robbed Freedmen: Some Aspects of Plagiarism in Roman Antiquity23. Helen Scott: Pits and Pruners: culpa and Social Practice in Digest 9.224. Boudewijn Sirks: An Inheritance Lost and a Fraudulent Slave25. Stefan Vogenauer: Lenel and Daube: a Cross-Channel Friendship26. Laurens Winkel: Some Thoughts on the formulae ficticiae of Citizenship in Gaius 4.37: A Form of Reception?27. Joseph Georg Wolf: Jurisdiction in Urso28. Reinhard Zimmermann: 'Unworthiness' in the Roman law of SuccessionPart IV: Scots Law and Scottish Legal History29. Ross G. Anderson: Words and Concepts: Trust and Patrimony30. John W. Cairns: Freeing from Slavery in Eighteenth-Century Scotland31. David L. Carey Miller: Lawyer for All Time32. Paul Cullen: Lord Rodger and the Criminal Law33. Jacques du Plessis: The Enrichment Claim of the mala fide Improver of Another's Property34. Robin Evans-Jones: Thinking about some Scots Law: Lord Rodger and Unjustified Enrichment35. William M. Gordon: Communis error facit ius36. Phillip Hellwege: Objectivity and Subjectivity in Contract Interpretation37. Hector L. MacQueen: Ae Fond Kiss: a Private Matter?38. Kenneth G. C. Reid: Embalmed in Rettie: The City of Glasgow Bank and the Liability of Trustees39. Joe Thomson: Some Thoughts on the Nature of Liability for Negligence in Scots LawPart V: New Perspectives on Recurring Themes40. Jack Beatson: Legal Academics: Forgotten Players or Interlopers?41. Andrew Burrows: Common Law Retrospectivity42. Joshua Getzler: Faith, Trust, and Charity43. Sandy Ghandi: Al-Skeini and the Extra-territorial Application of the European Convention on Human Rights44. Birke Hacker: Trees and Neighbours45. Sonja Meier: Performance of an Obligation by a Third Party46. Aidan O'Neill: The Courts, the Church and the Constitution Revisited47. William Swadling: Legislating in Vain