Lives of the Law: Selected Essays and Speeches: 2000-2010Hardback
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- Publisher: Oxford University Press
- Format: Hardback | 416 pages
- Dimensions: 154mm x 238mm x 28mm | 699g
- Publication date: 7 November 2011
- Publication City/Country: Oxford
- ISBN 10: 0199697302
- ISBN 13: 9780199697304
- Sales rank: 334,792
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. 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.
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The late Tom Bingham occupied all of the senior judicial positions in the UK: the Master of the Rolls, from 1992-1996; the Lord Chief Justice, from 1996-2000; and the Senior Law Lord, from 2000 until his retirement in 2008. He is the author of The Business of Judging (OUP, 2000) and The Rule of Law (Allen Lane, 2009). A volume of essays in his honour, Tom Bingham and the Transformation of the Law was published by OUP in 2009.
This monograph is an original insight into the doctrine of margin of appreciation. It will probably have some considerable impact on academic writing in the area of human rights adjudication. Kanstantsin Dzehtsiarou, Legal Studies Few will dispute that Lord Bingham was one fo the most prolific and articulate members of the senior judiciary before his retirement and his untimely death just a few years ago. It is entirely fitting therefore that his extra-judicial writings should be brought together in collections such as this one, which reveal both his deep learning and his passion for the rule of law. The Commonwealth Lawyer, Vol. 21, No. 2 The value of this publication is to provide a modern-day exposition of the best thinking behind recent constitutional changes. Geoffrey Robertson, NewStatesman
Table of contents
Foreword ; I. THE CONSTITUTION AND THE RULE OF LAW ; LOOKING BACKWARD ; 1. Magna Carta ; 2. The Alabama Claims and the International Rule of Law ; 3. Dicey Revisited ; 4. The Evolving Constitution ; 5. The Old Order Changeth ; LOOKING FORWARD ; 6. A Written Constitution? ; 7. The Future of the House of Lords ; II. THE BUSINESS OF JUDGING ; 8. The Judges: Active or Passive? ; 9. Government and Judges: Friends or Enemies? ; 10. The Highest Court in the Land ; III. HUMAN RIGHTS AND HUMAN WRONGS ; 11. The Human Rights Act: The View from the Bench ; 12. Personal Freedom and the Dilemma of Democracies ; 13. Habeas Corpus ; 14. 'The Law Favours Liberty': Slavery and the English Common Law ; 15. I Beg Your Pardon ; IV. THE COMMON LAW ; 16. From Servant to Employee: A Study of the Common Law in Action ; 17. A Duty of Care: The Uses of Tort ; 18. The Law as the Handmaiden of Commerce ; 19. A New Thing under the Sun?: The Interpretation of Contracts and the ICS Decision ; 20. The Internationalization of the Common Law ; V. LIVES OF THE LAW ; 21. Dr Johnson and the Law ; 22. Mr Bentham is Present