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Vol 23 No 5 May/June 2018

Book of the Month

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Drafting Commercial Agreements

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Principles of the Common Law

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ISBN13: 9780715633724
ISBN: 0715633724
Published: December 2004
Publisher: Gerald Duckworth & Co. Ltd
Country of Publication: UK
Format: Hardback
Price: Out of print
Paperback edition publication abandoned, ISBN13 9780715632703

Out of Print
This is the only currently available book to identify, explain, analyse and discuss some of the most important and controversial principles of the common law of England. Among the many questions addressed here are:

  • Is the common law based on principles or not?
  • If so, what are they and where do they come from?
  • Can judges make up principles?
  • Are logic and reason still principles of the law?

Does the European Union law enjoy higher law status? Does human rights law enjoy higher law status? With the great emphasis today placed on rights, does the old principle still hold true that 'Where there's a right, there's a remedy'? What has happened to the doctrine 'Nobody shall profit from his own wrongdoing'?And what about the human rights supposedly guaranteed by the European Convention? This book focuses on two: individual liberty and freedom of expression.

Michael Arnheim addresses these questions and also examines practical principles which can make all the difference to, for example, the validity of a will, the interpretation of a contract, or the outcome of a claim in negligence or administrative law. Written is a straightforward, easily accessible style, and drawing on recent cases such as those involving Tony Martin, Naomi Campbell, Michael Douglas and Catherine Zeta-Jones, this book will be illuminating to practising lawyers and students alike.

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English Legal System, General Interest
Principles, rules and policies
Law and logic
Obedience to the law
Higher law
Constitutional principles
Legal rights and obligations
Human rights
The administration of justice
New principles?