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Vol 21 No 10 Oct/Nov 2016

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Judge and Jurist: Essays in Memory of Lord Rodger of Earlsferry

Edited by: Andrew Burrows, David Johnston, Reinhard Zimmermann

ISBN13: 9780199677344
Published: June 2013
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £140.00



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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 and colleagues 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 book also 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 include personal 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.

Subjects:
General Interest, Biography
Contents:
PART I: TRIBUTES TO LORD RODGER
1. Alan Ferguson Rodger: A Tribute given at the Memorial Service held in St Giles' Cathedral, Edinburgh on 25 November 2011
2. Alan Ferguson Rodger: A Tribute given at the Memorial Service held in St Giles' Cathedral, Edinburgh on 25 November 2011
3. Alan Ferguson Rodger: A Tribute given at the Memorial Service held in the University Church of St Mary the Virgin, Oxford on 11 February 2012
4. Lord Rodger: An Italian Tribute

PART II: II LORD RODGER IN THE HOUSE OF LORDS AND SUPREME COURT
5. Dissenting Judgments
6. Some Reflections on Lord Rodger's Contribution to the Development of the Common Law
7. Lord Rodger's Mental Health Law
8. Fairchild and After
9. Lord Rodger's Notebooks
10. Foreign Laws and Languages
11. The View from behind the Bench: the Role of Judicial Assistants in the UK Supreme Court
12. 'Strasbourg has Spoken'
13. The Form and Language of Lord Rodger's Judgments
14. Lord Rodger and Statute Law

PART III: ROMAN LAW AND ROMAN LEGAL HISTORY
15. Fama and infamia in the Roman Legal System: The Cases of Afrania and Lucretia
16. Damaging a Slave
17. The Dating of the lex Aquilia
18. Lenel's Palingenesia: Two Footnotes to Rodger
19. Grappling with the Difficult Subjects with which the Roman lawyers Liked to Grapple
20. Agree to Disagree: Local Jurisdiction in the lex Irnitana
21. Lawmaking in Times of Disorder
22. Borrowed Plumes and Robbed Freedmen: Some Aspects of Plagiarism in Roman Antiquity
23. Pits and Pruners: culpa and Social Practice in Digest 9.2
24. An Inheritance Lost and a Fraudulent Slave
25. Lenel and Daube: a Cross-Channel Friendship
26. Some Thoughts on the formulae ficticiae of Citizenship in Gaius 4.37: A Form of Reception?
27. Jurisdiction in Urso
28. 'Unworthiness' in the Roman law of Succession

PART IV SCOTS LAW AND SCOTTISH LEGAL HISTORY
29. Words and Concepts: Trust and Patrimony
30. Freeing from Slavery in Eighteenth-Century Scotland
31. Lawyer for All Time
32. Lord Rodger and the Criminal Law
33. The Enrichment Claim of the mala fide Improver of Another's Property
34. Thinking about some Scots Law: Lord Rodger and Unjustified Enrichment
35. Communis error facit ius
36. Objectivity and Subjectivity in Contract Interpretation
37. Ae Fond Kiss: a Private Matter?
38. Embalmed in Rettie: The City of Glasgow Bank and the Liability of Trustees
39. Some Thoughts on the Nature of Liability for Negligence in Scots Law

PART V: NEW PERSPECTIVES ON RECURRING THEMES
40. Legal Academics: Forgotten Players or Interlopers?
41. Common Law Retrospectivity
42. Faith, Trust, and Charity
43. Al-Skeini and the Extra-territorial Application of the European Convention on Human Rights
44. Trees and Neighbours
45. Performance of an Obligation by a Third Party
46. The Courts, the Church and the Constitution Revisited
47. Legislating in Vain