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Vol 21 No 11 Nov/Dec 2016

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Change and Continuity: Statute, Equity and Federalism


ISBN13: 9780198298236
ISBN: 0198298234
Published: July 2001
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £78.00



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

This volume is based closely on the lectures delivered by The Hon. Justice W. M. C. Gummow at Oxford University in 1999 as part of the Clarendon law lectures series, sponsored by Oxford University Press.

These lectures take up themes of continuity and change in the law, particularly as they appear in the great common law jurisdictions. The tension between continuity and change appears from a consideration of the interaction between statute and the case law which interprets it, of the interaction between equity and statute, and finally of the operation of that constitutional arrangement known as federalism.

Statute speaks to the state of affairs at the time of enactment. That state of affairs is dynamic; the statute, at least in form, is static. Conversely, in its development the common law may be informed by changes effected by statute.

The extent to which the common law may or should respond in this way is a matter of controversy. Further, the accommodation of an apparently rigid statutory structure to individual circumstances has, for centuries, been assisted by the leavening effect of equitable doctrines and remedies.

Subjects:
Constitutional and Administrative Law, General Interest
Contents:
Preface
Table of Cases
Lecture 1 The Common Law and Statute
Lecture 2 Equity Follows the Law
Lecture 3 Federalism
Index

Series: Clarendon Law Lectures

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State Liability: Tort Law and Beyond ISBN 9780199272648
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Intellectual Property: Omnipresent, Distracting, Irrelevant?
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Roman Law, Contemporary Law, European Law: The Civilian Tradition Today
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£55.00
The Practice of Principle: In Defence of a Pragmatist Approach to Legal Theory New ed
Jules ColemanWesley Newcomb Hohfeld Professor of Jurisprudence and Philosophy, Yale University, USA
ISBN 9780199264124
Published June 2003
Oxford University Press
£27.49
Some Landmarks of Twentieth Century Contract Law
Guenter TreitelFellow, All Souls College, University of Oxford
ISBN 9780199255757
Published September 2002
Oxford University Press
£38.99
The Law's Two Bodies ISBN 9780199245185
Published May 2001
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The Practice of Principle: In Defence of a Pragmatist Approach to Legal Theory
Jules ColemanWesley Newcomb Hohfeld Professor of Jurisprudence and Philosophy, Yale University, USA
ISBN 9780198298144
Published May 2001
Oxford University Press
£51.00
Economic Torts
Tony WeirFellow and Reader in Law, Trinity College, University of Cambridge
ISBN 9780198265931
Published October 1997
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£44.49
Law and Legal Theory in the UK and USA
Richard A. PosnerChief Justice, Court of Appeals Seventh Circuit for the United States, Chicago, USA
ISBN 9780198264712
Published September 1997
Oxford University Press
£44.49