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The Discipline of Law


ISBN13: 9780406176059
ISBN: 0406176051
Published: May 2005
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: £47.99
Hardback edition out of print, ISBN13 9780406176042



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2005 OUP Reprint of the original Butterworths edition

The underlying theme of this book is 'that the principles of law laid down by the Judges in the 19th century - however suited to social conditions of that time - are not suited to the social necessities and social opinion of the 20th century. They should be moulded and shaped to meet the opinions of today'.

The Discipline of Law is a fascinating account of Lord Denning's personal contribution to the changing face of English Law in this century. It is divided into seven main parts each concentrating on one area of law in which that change has been most marked.

Subjects:
Biography
Contents:
PART ONE. The Construction of Documents
1. Command of language
2. The interpretation of statutes
3. The interpretation of wills and other unilateral documents
4. The construction of contracts
5. Looking for help

PART TWO. Misuse of Ministerial Powers
1. Deciding wrongly
2. Clauses ousting the courts
3. Declarations
4. Other points on tribunals
5. Administrative decisions
6. Clauses giving unfettered discretion
7. Prerogative power
8. The Ultra Vires clause

PART THREE. Locus Standi
1. Modern extensions
2. The Blackburn cases
3. Declaration and injunctio
4. The remedy of judicial review
5. Private rights
6. The Gouriet case

PART FOUR. Abuse of 'Group' Powers
1. Powers against own members
2. Powers against other persons

PART FIVE. High Trees
1. The High Trees case
Conclusion

PART SIX. Negligence
1. Leading up to Candler v Crane, Christmas
2. Doctors at law
3. The impact of Hedley Byrne
4. Houses falling down
5. Innocent representation made actionable
6. Surprising consequences
Conclusion

PART SEVEN. The Doctrine of Precedent
1. The doctrine of precedent

Epilogue
Index