• Foreword / Alison Russell
• Introduction / The Rt. Hon. Lady Justice Dorrian
• 'Moving at a pace' : towards a new approach to vulnerability in courts and tribunals? / Penny Cooper
• Cartesian perfection : the route out of failure / John Gillen
• Bringing the court closer to the person with disability : judicial exemption from the Equality Act and interference with reasonable adjustments for litigants with physical disabilities / Anton van Dellen
• Judges and lawyers : getting it wrong about the disabled for all these years? / John Horan
• Challenges in defining and identifying a suspect's vulnerability in criminal proceedings : what's in a name and who's to blame? / Lore Mergaerts, Dirk Van Daele, Geert Vervaeke
• Caught by language : the language competence of young offenders and the implications for the (Dutch) youth justice system / K.G.M. van Dijk-Fleetwood-Bird
• Justice denied? : the experience of unrepresented defendants in the criminal courts / Penelope Gibbs
• Anunga 40 years on : rights remain limited for indigenous suspects in the Northern Territory of Australia / Felicity Gerry and David Woodroffe
• The effects of intersectionality : women with learning disabilities, difficulties and autism in the criminal justice system / Clare S. Allely, Toni Wood, & Christopher Gillberg
• Confusion and communication in deaf cases : towards a model of best practice / Sue O'Rourke, Chantelle de la Croix, Noel Traynor and Robert Grieve
• Trauma and victim participation in the criminal process / Louise Ellison and Vanessa E Munro
• The pre-trial position of vulnerable victims of crime in Ireland / Alan Cusack
• Balancing accessibility and authority : towards an integrated approach to vulnerability in the criminal courts / Jessica Jacobson
• Advocating PEACE : will it make people cross? / Ray Bull and Andy Griffiths
• Postscript / Linda Hunting.

This is the second volume of this kind. The first, 'Addressing Vulnerability in Justice Systems', focussed on identifying vulnerability in international justice systems. This volume presents some of the challenges that exist in achieving sufficient access to justice for vulnerable people, primarily in criminal and family proceedings and provides international comparisons of best practice. This book, following on from The Advocate's Gateway Conference in 2017, consists of a selection of papers from presentations at the conference. The primary focus is an international comparison of vulnerability in justice systems and issues surrounding access to justice for vulnerable witnesses and parties. The book presents the latest developments in a constantly developing area of law and provides details of the many different challenges which advocates, judges and vulnerable witnesses and victims encounter in justice systems. It also offers international comparisons of best practice. The discussions in 'Access to Justice for Vulnerable People' will provide academics and practitioners across a variety of disciplines an insight in to topics of central importance to the fairness and efficiency of court processes. Expert contributors offer an international perspective and research-informed practical advice for lawyers, researchers, judges and policy makers.
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• I Life 1 Blackstone and Biography - Wilfrid Prest 2 A 'Model of the Old House': Architecture in Blackstone's Life and Commentaries - Carol Matthews 3 'A Mighty Consumption of Ale': Blackstone, Buckler, and All Souls College, Oxford - Norma Aubertin-Potter 4 William Blackstone and William Prynne: an Unlikely Association? - Ian Doolittle II Thought 5 Blackstone on Judging - John H Langbein 6 Blackstone's Rules for the Construction of Statutes - John V Orth 7 Blackstone and Bentham on the Law of Marriage - Mary Sokol 8 Coverture and Unity of Person in Blackstone's Commentaries -Tim Stretton 9 Blackstone's Commentaries on Colonialism: Australian Judicial Interpretations - Thalia Anthony 10 Restoring the 'Real' to Real Property Law: A Return to Blackstone? - Nicole Graham III Influence 11 American Blackstones - Michael Hoeflich 12 Did Blackstone get the Gallic Shrug? - John Emerson 13 Blackstone in Germany - Horst Dippel IV Sources 14 Bibliography - Morris Cohen 15 Iconography - J H Baker and Wilfrid Prest.
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One of the most celebrated works in the Anglo-American legal tradition, William Blackstone's Commentaries on the Laws of England (1765-9) has recently begun to attract renewed interest from legal and other scholars. The Commentaries no longer dominate legal education as they once did, especially in North America during the century after their first publication. But they continue to be regularly cited in the judgments of superior courts of review on both sides of the Atlantic, and elsewhere throughout the common-law world. They also provide constitutional, cultural, intellectual and legal historians with a remarkably comprehensive account of the role of law, lawyers and the courts in the imperial superpower that was England on the cusp of the industrial revolution. The life and character of Blackstone himself, the nature and sources of his jurisprudence as expounded in the Commentaries, and the impact of his great book, both within and beyond his native shores, are the main themes of this collection. Individual essays treat Blackstone's early architectural treatises and their relationship to the Commentaries; his idiosyncratic book collecting; his views of the role of judges, interpretation of statutes, the law of marriage, the status of wives, natural law, property law and the legalities of colonisation, and the varied reception of the Commentaries in America and continental Europe. Blackstone's bibliography and iconography also receive attention. Combining the work of both eminent and emerging scholars, this interdisciplinary venture sheds welcome new light on a legal classic and its continued influence. Contents Part I Life 1 Blackstone and Biography - Wilfrid Prest 2 A 'Model of the old House': Architecture in Blackstone's Life and Commentaries - Carol Matthews 3 'A Mighty Consumption of Ale': Blackstone, Buckler, and All Souls College, Oxford - Norma Aubertin-Potter 4 William Blackstone and William Prynne: an Unlikely Association? - Ian Doolittle Part II Thought 5 Blackstone on Judging - John H Langbein 6 Some reflections on Blackstone's Rules for the Construction of Statutes - John V Orth 7 Blackstone and Bentham on the Law of Marriage - Mary Sokol 8 Coverture and Unity of Person in Blackstone's Commentaries -Tim Stretton 9 Blackstone's Commentaries on Colonialism: Australian Judicial Interpretations - Thalia Anthony 10 Restoring the 'Real' to Real Property Law: A return to Blackstone? - Nicole Graham Part III Influence 11 American Blackstone - Michael Hoeflich 12 Did Blackstone get the Gallic Shrug? - John Emerson 13 Blackstone in Germany - Horst Dippel Part IV Sources 14 Bibliography - Morris Cohen 15 Iconography - J H Baker and Wilfrid Prest Contributors -Thalia Anthony lectures in law at the University of Sydney. -Norma Aubertin-Potter is Librarian-in-Charge of the Codrington Library, All Souls College, Oxford. -J H Baker, Downing Professor of the Laws of England at the University of Cambridge, is Literary Director of the Selden Society. -Morris Cohen, Professor Emeritus and Professorial Lecturer in Law, is the former Librarian of Yale Law School. -Horst Dippel is Professor of British and American Studies at the University of Kassel. -Ian Doolittle, formerly a Junior Research Fellow at Christ Church, Oxford, is a partner in the law firm Trowers and Hamlins LLP in London. -John Emerson holds a Visiting Research Fellowship in the Law School, University of Adelaide. -Nicole Graham is Senior Lecturer in the Faculty of Law, University of Technology, Sydney. -Michael Hoeflich is John H and John M Kane Distinguished Professor in the Law School, University of Kansas. -John Langbein is Sterling Professor of Law and Legal History at Yale Law School. -Carol Matthews teaches in the School of History and Politics at the University of Adelaide. -John V Orth holds the William Rand Kenan Jr Chair of Law at the University of North Carolina, Chapel Hill. -Wilfrid Prest is Professor Emeritus and Visiting Research Fellow in the Law School and School of History and Politics, University of Adelaide. -Mary Sokol holds an Honorary Research Fellowship in the Bentham Project at University College London. -Tim Stretton teaches history at St Mary's University, Halifax, Nova Scotia.
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• Introduction / Catharine MacMillan
• Magna Carta : the emergence of the myth / John Baker
• From Magna Carta to the abridgements : the naturalization of benefit of clergy / Margaret McGlynn
• How to get rid of a king : lawyering the Revolution of 1399 / David J. Seipp
• Illuminating Magna Carta : images of law and authority in medieval statute books / Anthony Musson
• Revolution principles and the revolution bench / Mike Mcnair
• Magna Carta chapters 4 and 5 and the origins of accountability / Joshua Getzler
• Some effects of war on the law in late eighteenth- and early nineteenth-century England / James Oldham
• The impact of tax on the landscape : social expectations and the built environment in nineteenth-century / Chantal Stebbings
• Magna Carta in the German discourse about English constitutional law between the eighteenth and early twentieth centuries / Adreas Thier
• Magna Carta for the world? : the constitutional protection of foreign merchants in the age of revolution / Daniel Hulsebosch
• 'The protection of our laws' : the slave, grace and the rise of proslavery constitutionalism in nineteenth-century Atlantic world / Patricia Hagler Minter
• The Royal Proclamation of 1763 in British Columbia : an indigenous Magna Carta's chequered Canadian career / Hamar Foster
• Rights and power in nineteenth-century India : exploring an unstable relationship / Raymond Cocks
• When 'Magna Carta was suspended' : national security and the challenge to freedom of speech in Australia, 1914-1919 / Diane Kirkby.

While challenges to authority are generally perceived as destructive to legal order, this original collection of essays, with Magna Carta at its heart, questions this assumption. In a series of chapters concerned with different forms of challenges to legal authority - over time, geographical place, and subject matters both public and private - this volume demonstrates that challenges to authority which seek the recognition of rights actually change the existing legal order rather than destroying it. The chapters further explore how the myth of Magna Carta emerged and its role in the pre-modern world; how challenges to authority formed the basis of the recognition of rights in particular areas within England; and how challenges to authority resulted in the recognition of particular rights in the United States, Canada, Australia and Germany. This is a uniquely insightful thematic collection which proposes a new view into the processes of legal change.
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• "Why may not that be the skull of a lawyer?" : english legal discourse past and present / Teresa Fanego & Paula Rodrøguez-Puente
• English and italian land contracts : a cross-linguistic analysis / Giuliana Diani
• Conditionals in spoken courtroom and parliamentary discourse in english, french, and spanish : a contrastive analysis / Cristina Lastres-López
• Part-of-speech patterns in legal genres : text-internal dynamics from a corpus-based perspective / Ruth Breeze
• A comparison of lexical bundles in spoken courtroom language across time, registers, and varieties / Randi Reppen & Meishan Chen
• "It is not just a fact that the law requires this, but it is a reasonable fact" : using the noun that-pattern to explore stance construction in legal writing / Stanislaw Gozdz-Roszkowski
• Are law reports an "agile" or an "uptight" register? : tracking patterns of historical change in the use of colloquial and complexity features / Douglas Biber & Bethany Gray
• Interpersonality in legal written discourse : a diachronic analysis of personal pronouns in law reports, 1535 to present / Paula Rodrøguez-Puente
• The evolution of a legal genre : rhetorical moves in british patent specifications, 1711 to 1860 / Nicholas Groom & Jack Grieve
• The representation of citizens and monarchy in acts of parliament in 1800 to 2000 : identifying social roles through collocations / Anu Lehto
• Drinking and crime : negotiating intoxication in courtroom discourse, 1720 to 1913 / Claudia Claridge.

This volume provides a comprehensive overview of the research carried out over the past thirty years in the vast field of legal discourse. The focus is on how such research has been influenced and shaped by developments in corpus linguistics and register analysis, and by the emergence from the mid 1990s of historical pragmatics as a branch of pragmatics concerned with the scrutiny of historical texts in their context of writing. The five chapters in Part I (together with the introductory chapter) offer a wide spectrum of the latest approaches to the synchronic analysis of cross-genre and cross-linguistic variation in legal discourse. Part II addresses diachronic variation, illustrating how a diversity of methods, such as multi-dimensional analysis, move analysis, collocation analysis, and Darwinian models of language evolution can uncover new understandings of diachronic linguistic phenomena.
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• Plenary One: Concepts of Child Attachment Dr Jonathan Green Attachment Theory and Research: Recent Advances and Implications for Adoption and Foster Care - Dr Miriam Steele-- The Voice of the Child in Public Law Proceedings: A Development Model - Dr Gillian Schofield-- Plenary Two: Plenary discussions - Dr Jonathan Green, Dr Miriam Steele and Dr Gillian Schofield-- Plenary Three: Communicating with Children - Dr David Jones-- Making sense of What Children Say: Contributions from Developmental Psychology - Dr Jan Aldridge-- Group feedback, discussions raised by David Jones' and Jan Aldridge's papers-- Plenary Four: Listening to and Safe-guarding Children from Mixed Heritage Backgrounds - Beverley Prevatt-Goldstein-- Child Protection, the Courts and Minority Ethnic Families - Ashok Chand-- The Mental Health Needs of Refugee Children and their Families - Dr Guinevere Tufnell-- Plenary discussions - Beverley Prevatt-Goldstein, Ashok Chand and Dr Guinevere Tufnell-- Plenary Five: The Children's Commissioner for Wales - Peter Clarke-- Involving Children in Planning and Review Services - Professor June Thoburn-- The Children's Taskforce and the National Service Framework - Professor Albert Aynsley-Green-- Plenary Six: Listening to Young Children: Promoting the 'Voices' of Children under the age of eight - Penny Lancaster-- "The Voice of the Child" : Children's Rights are Human Rights - Peter Newell-- Young People's Experiences of Care - Dr Maureen Winn-Oakley with Tom Oakley, Nikki Cox, Nirupana Uthaykumar, Amanda Walsh and Alison Price-- Plenary Seven: Children's Participation in Proceedings - The View from Europe Andrew Moylan QC Representing Children - Mark Powell-- Children's Representation in Private Law Proceedings - Charles Prest-- Pleanry Eight: "Protecting Children from Harm" - Reflections on the Green Paper - Jane Held and Andrew Cozens.
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At the 2003 Interdisciplinary Conference, the conference assembled a group of contributors, drawn from professions closely involved in the resolution of child welfare problems. This book brings together their papers and offers both theoretical background and practical experience relating to the participation of children in family proceedings.
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• Introduction / Alan Bogg and Sarah Green
• A new dawn for the law of illegality / Andrew Burrows
• The law of illegality : identifying the issues / James Goudkamp
• Restitution or confiscation/forfeiture? : private rights versus public values / Robert Sullivan
• Not a principle of justice? / Nicholas J. McBride
• Illegality as a rationing rule / Frederick Wilmot-Smith
• Illegality, familiarity and the law commission / James Lee
• Illegality and contractual enforcement after Patel v Mirza / Janet O'Sullivan
• Illegality and zero sum torts / Sarah Green
• Illegality and unjust enrichment / Graham Virgo
• Ramifications of Patel v Mirza in the law of trusts / Paul S. Davies
• Illegality in labour law after Patel v Mirza : retrenchment and restraint / Alan Bogg
• Whither now illegality and statute : an Australian perspective / William Gummow
• Illegality and Canadian private law : Hall v Hebert's legacy / Mitchell McInnes
• The impact of illegality and immorality on contract and restitution from a civilian angle / Birke Häcker.

In Patel v Mirza [2016] UKSC 42, nine justices of the Supreme Court of England and Wales decided in favour of a restitutionary award in response to an unjust enrichment, despite the illegal transaction on which that enrichment was based. Whilst the result was reached unanimously, the reasoning could be said to have divided the Court. Lord Toulson, Lady Hale, Lord Kerr, Lord Wilson, Lord Hodge and Lord Neuberger favoured a discretionary approach, but their mode of reasoning was described as `revolutionary' by Lord Sumption (at [261]), who outlined in contrast a more rule-based means of dealing with the issue; a method with which Lord Mance and Lord Clarke broadly agreed. The decision is detailed and complex, and its implications for several areas of the law are considerable. Significantly, the reliance principle from Tinsley v Milligan [1994] 1 AC 340 has been discarded, as has the rule in Parkinson v College of Ambulance Ltd [1925] KB 1. Patel v Mirza, therefore, can fairly be described as one of the most important judgments in general private law for a generation, and it can be expected to have ramifications for the application of the illegality doctrine across a wide range of disciplinary areas. Unless there is legislative intervention, which does not seem likely at the present time, Patel v Mirza is set to be of enduring significance. This collection will provide a crucial set of theoretical and practical perspectives on the illegality defence in English private law. All of the authors are well established in their respective fields. The timing of the book means that it will be unusually well placed as the `go to' work on this subject, for legal practitioners and for scholars.
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• Iniuria and the common law / Eric Descheemaeker and Helen Scott
• Iniuria, Roman and English / David Ibbetson
• The actio iniuriarum in Scots law : romantic Romanism or tool for today? / Kenneth McKenzie Norrie
• Solatium and injury to feelings : Roman law, English law and modern tort theory / Eric Descheemaeker
• Dissimulation / Paul Mitchell
• Contumelia and the South African law of defamation / Helen Scott
• An infringement of the corpus as a form of iniuria : Roman and medieval reflections / Paul J. du Plessis
• The protection of corpus in modern and early modern Scots law / John Blackie
• The gist of defamation in South African law / Anton Fagan
• Retraction, apology and reply as responses to iniuriae / Jonathan Burchell
• Harassment : a wrong without a right? / François du Bois.

The delict of iniuria is among the most sophisticated products of the Roman legal tradition. The original focus of the delict was assault, although iniuria-literally a wrong or unlawful act-indicated a very wide potential scope. Yet it quickly grew to include sexual harassment and defamation, and by the first century CE it had been re-oriented around the concept of contumelia so as to incorporate a range of new wrongs, including insult and invasion of privacy. In truth, it now comprised all attacks on personality. It is the Roman delict of iniuria which forms the foundation of both the South African and-more controversially-Scots laws of injuries to personality. On the other hand, iniuria is a concept formally alien to English law. But as its title suggests, this book of essays is representative of a species of legal scholarship best described as 'oxymoronic comparative law', employing a concept peculiar to one legal tradition in order to interrogate another where, apparently, it does not belong. Addressing a series of doctrinal puzzles within the law of assault, defamation and breach of privacy, it considers in what respects the Roman delict of iniuria overlaps with its modern counterparts in England, Scotland and South Africa; the differences and similarities between the analytical frameworks employed in the ancient and modern law; and the degree to which the Roman proto-delict points the way to future developments in each of these three legal systems.
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• Some comparisons between common law and civil law, Gerhard Dannemann: negotiating instruments, drafting agreements, substantive law differences, choice of law implications-- execution of agreements-- going to the courts. Structuring the joint venture, Ian Hewitt and Professor Dr Gerhard Picot: introduction-- types of legal structures for joint ventures-- international joint ventures - tax issues-- negotiating and forming the joint venture-- conclusions. Protecting the various interests in the joint venture, David Kershaw and Dr Wolfgang Witz: introduction-- board and management structures-- method of appointment and removal of directors-- different board structures-- methods of establishing board and management structures-- position of subsidiary companies-- position of management below board level-- duties of directors-- shareholder decisions-- minority rights-- enforcement of minority rights-- legal rights of the minority-- remedies available-- expert adjudication-- arbitration-- employee protection-- abbreviations. Joint ventures under EU and national competition laws, Jochen Burrichter, Rod Carlton, Dr Thorsten Mager and Alison Byrne: joint ventures under European Community competition laws-- the treatment of joint ventures under the merger regulation-- case analysis of joint ventures-- treatment of joint ventures under Article 81 EC Treaty-- UK competition law. Termination of joint venture, George Goulding, Dr Hans-Jurgen Hellwig, Tim Boxell and Bonnie Costelloe: introduction-- formation of the joint venture-- termination by change of ownership-- termination by dissolution-- doctrine of qualified factual group under German law-- conclusion.
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Business between England and Germany has flourished in recent years and looks set to continue to develop in coming years. This collection examines the legal framework of joint ventures between English and German companies. It addresses the laws in these two countries and draws helpful comparisons between the two. The contributions point out pitfalls that lawyers who are not familiar with both German and English law are likely to overlook and which may cause major problems when joint venture companies are established. This book consists of four parts. Each of these has been written by a team of leading German and English lawyers. The authors are specialists in this field and the contributions are rich with their practical insights. The studies were presented at the 1999 Anglo-German Law Conference in Oxford, organised under the auspices of the Oxford Law Faculty, with the support of three leading English and German Law firms. The first part deals with the formation of a joint venture company. It discusses the types of companies which are usually used to establish joint ventures as well as the rights and obligations of members. It also addresses the law and legal practice relating to memoranda of understanding, warranties and indemnities, joint venture agreements, and the valuation of contributions. The second part concerns the management of joint venture companies. It analyses how shareholders can influence management decisions, the rights and obligations of directors and parent companies, as well as the legal position of minority shareholders. This part also describes the relevant laws protecting employees. The third part addresses European Union as well as English and German competition law. It considers the circumstances which trigger merger control mechanisms and presents two illuminating case studies. The last part deals with the termination of joint ventures. It presents and analyses several popular termination clauses including Russian Roulette, pre-emption rights, and rights of first refusal. This collection will be indispensable to practising lawyers and in-house counsel whose practice touches on Anglo-German business affairs. It will also be of real interest to legal academics concerned with European commercial or comparative law. Contents I. Some Comparisons Between Common Law and Civil Law by Gerhard Dannemann II. Structuring the Joing Venture by Ian Hewitt and Prof Dr Gerhard Picot III. Protecting the Various Interests in the Joint Venture by David Kershaw and Dr Wolfgang Witz IV. Joint Ventures Under EU and National Competition Laws by Jochen Burrichter, Rod Carlton, Dr Thorsten Mager and Alison Byrne V. Termination of the Joint Venture by George Goulding, Dr Hans-Jurgenn Hellwig, Tim Boxell and Bonnie Costelloe.
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• 1. The Earl of Oxford's Case (1615) David Ibbetson
• 2. Coke v Fountaine (1676) Mike Macnair
• 3. Grey v Grey (1677) Jamie Glister
• 4. Penn v Lord Baltimore (1750) Paul Mitchell
• 5. Burgess v Wheate (1759) Paul Matthews
• 6. Morice v Bishop of Durham (1805) Joshua Getzler
• 7. Tulk v Moxhay (1848) Ben McFarlane
• 8. Prince Albert v Strange (1849) Lionel Bently
• 9. Ramsden v Dyson (1866) Nick Piska
• 10. Bishop of Natal v Gladstone (1866) Charlotte Smith
• 11. Earl of Aylesford v Morris (1873) Catharine MacMillan
• 12. Re Hallett's Estate (1879-80) Graham Virgo
• 13. North-West Transportation Co Ltd v Beatty (1887) Lionel Smith
• 14. Rochefoucauld v Boustead (1897) Ying Khai Liew
• 15. Re Earl of Sefton (1898) Chantal Stebbings
• 16. Nocton v Lord Ashburton (1914) James Edelman
• 17. Regal (Hastings) Ltd v Gulliver (1942) Richard Nolan
• 18. National Anti-Vivisection Society v Inland Revenue Commissioners (1948) Jonathan Garton
• 19. National Provincial Bank Ltd v Ainsworth (1965) Alison Dunn
• 20. Boardman v Phipps (1967) Michael Bryan
• 21. Pettitt v Pettitt (1970) and Gissing v Gissing (1971) John Mee
• 22. Paragon Finance plc v DB Thakerar & Co (a firm) (1999) Christian Daly and Charles Mitchell.
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Landmark Cases in Equity continues the series of essay collections which began with Landmark Cases in the Law of Restitution (2006) and continued with Landmark Cases in the Law of Contract (2008) and Landmark Cases in the Law of Tort (2010). It contains essays on landmark cases in the development of equitable doctrine running from the seventeenth century to recent times. The range, breadth and social importance of equitable principles, as these affect commercial, domestic and even political matters are well known. By focusing on the historical development of these principles, the essays in this collection help us to understand them more clearly, and also provide insights into the processes of legal change through judicial innovation. Themes addressed in the essays include the nature of the courts' equitable jurisdiction, the development of property rights in equity, constraints on the powers of settlors to create express trusts, the duties of trustees and other fiduciaries, remedies for breach of these duties, and the evolution of constructive and resulting trusts.
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• Preface ... vii List of Contributors ... ix Debating Law, Justice and Constitutionalism ... 1 *Richard W. Kaeuper The Anglo-Saxon Origins of English Constitutionalism ... 15 *James Campbell Orality and Literacy in the Age of the Angevin Law Reforms ... 27 *Paul Hyams Between England and France: A Cross-Channel Legal Culture in the Late Thirteenth Century ... 73 *Thomas J. McSweeney The Development of Written Custom in England and in France: A Comparative Perspective ... 101 *Ada-Maria Kuskowski Success and Failure of the Medieval Constitution in 1341 ... 121 *Scott Waugh Parliamentary Scrutiny of Royal Ministers and Courtiers in Fourteenth-Century England: The Disgrace of Sir John atte Lee (1368) ... 161 *W. Mark Ormrod The Altered Perspective of Thomas Walsingham's Symbol of Normandy ... 189 *Christopher Guyol Centre and Locality: Perceptions of the Assize Justices in Late Medieval England ... 211 *Anthony Musson The Common Voice in Theory and Practice in Late Fourteenth Century England ... 243 *Andrew Galloway Landscape and the Identity of the Realm ... 287 *Lynn Staley The People, Politics and the Constitution in the Fifteenth Century ... 311 *Anthony Pollard Law, Justice, and Governance: New Views on Medieval Constitutionalism ... 331 *G.W. Bernard Index ... 343.
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How law is made, how governance works, and the response of the governed remain crucial modern questions whose roots in many parts of the world reach deep into the past of medieval England. Scholars have long discussed these issues and new perspectives regularly emerge. This volume brings together contemporary views from leaders in the field and from younger scholars, both historians and literary critics. Classic themes and incidents are creatively revisited and new avenues of approach are suggested.
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• Debating law, justice and constitutionalism / Richard W. Kaeuper
• The Anglo-Saxon origins of English constitutionalism / James Campbell
• Orality and literacy in the age of the Angevin law reforms / Paul Hyams
• Between England and France : a cross-channel legal culture in the late thirteenth century / Thomas J. McSweeney
• The development of written custom in England and in France : a comparative perspective / Ada-Maria Kuskowski
• Success and failure of the medieval constitution in 1341 / Scott Waugh
• Parliamentary scrutiny of royal ministers and courtiers in fourteenth-century England : the disgrace of Sir John atte Lee (1368) / W. Mark Ormrod
• The altered perspective of Thomas Walsingham's symbol of Normandy / Christopher Guyol
• Centre and locality : perceptions of the assize justices in late medieval England / Anthony Musson
• The common voice in theory and practice in late fourteenth century England / Andrew Galloway
• Landscape and the identity of the realm / Lynn Staley
• The people, politics and the constitution in the fifteenth century / Anthony Pollard
• Law, justice, and governance : new views on medieval constitutionalism / G.W. Bernard.

How law is made, how governance works, and the response of the governed remain crucial modern questions whose roots in many parts of the world reach deep into the past of medieval England. Scholars have long discussed these issues and new perspectives regularly emerge. This volume brings together contemporary views from leaders in the field and from younger scholars, both historians and literary critics. Classic themes and incidents are creatively revisited and new avenues of approach are suggested.
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• Seeking Security: An Introduction G R Sullivan and Ian Dennis
• 1 Identification, Surveillance and Profiling: On the Use and Abuse of Citizen Data Malcolm Thorburn
• 2 On the Legitimacy of Imposing Direct and Indirect Obligations to Disclose Information on Non-Suspects Shlomit Wallerstein
• 3 Prophylactic Crimes AP Simester
• 4 Harmless Wrongdoing and the Anticipatory Perspective on Criminalisation Jeremy Horder
• 5 Risk and Inchoate Crimes: Retribution or Prevention? Larry Alexander and Kimberly Kessler Ferzan
• 6 Risks, Culpability and Criminal Liability
• 7 Preventive Detention at the Margins of Autonomy John Stanton-Ife
• 8 Security, Risk and Preventive Orders Ian Dennis
• 9 Imprisonment under the Precautionary Principle Peter Ramsay
• 10 Erring on the Side of Safety: Risk Assessment, Expert Knowledge, and the Criminal Court Lucia Zedner
• 11 The Test for Dangerousness Martin Wasik
• 12 Culpability in Self-defence and Crime Prevention Jonathan Rogers
• 13 The Hard Treatment of Innocent Persons in State Responses to the Threat of Large Scale, and Imminent Terrorist Violence: Examining the Legal Constraints G R Sullivan.
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Many academic criminal lawyers and criminal law theorists seek to resolve the optimum conditions for a criminal law fit to serve a liberal democracy. Typical wish lists include a criminal law that intervenes against any given individual only when there is a reasonable suspicion that s/he has caused harm to the legally protected interests of another or was on the brink of doing so. Until there is conduct that gives rise to a reasonable suspicion of criminal conduct by an individual, s/he should be allowed to go about his or her business free from covert surveillance or other forms of intrusion. All elements of crimes should be proved beyond any reasonable doubt. Any punishment should be proportionate to the gravity of the wrongdoing and when the offender has served this punishment the account should be cleared and good standing recovered. Seeking Security explores the gap between the normative aspirations of liberal, criminal law scholarship and the current criminal law and practice of Anglophone jurisdictions. The concern with security and risk, which in large part explains the disconnection between theory and practice, seems set to stay and is a major challenge to the form and relevance of a large part of criminal law scholarship.
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• Introduction : Witchcraft; Witch codes; Witch act / John Newton
• King James's experience of witches, and the 1604 english witchcraft act / P.G. Maxwell-Stuart
• Standing within the prospect of belief : Macbeth, King James and witchcraft / Roy Booth
• Witchcraft and possession at the accession of James I : the publication of Samuel Harsnett's Declaration of Egregious Popish Impostures / Clive Holmes
• (Re)possession of dispossession : John Darrell and diabolical discourse / Ton Webster
• Applying the Act of 1604 : witches in Essex, Northamptonshire and Lancashire / Marion Gibson
• The treatment of potential witches in North-East England, c. 1649-1680 / Jo Bath
• Witchcraft and stage spectacle : spectacular witches after 1604 / Chris Brooks
• Witchcraft, emotion and imagination in the English Civil War / Malcolm Gaskill
• The politics of Pandaemonian / Jonathan Barry
• Decriminalising the witch : the origin of and response to the 1736 Witchcraft Act / Owen Davies.

The essays in this volume examine the relationship of the Jacobean Witchcraft Act to the culture and society of seventeenth-century England. The book explores the potential influence of King James' works and person on the framing of the Act, including the relationship of Shakespeare's "MacBeth" to these events, as well as the impact of the Darrell controversy on the shaping of witchcraft beliefs before the Act. It also asseses the impact of the legislation on society in various parts of the country, as well as examining how drama reflected the ideas found in the legislation. It concludes by looking at the reasons for its repeal in 1736. This work provides new interpretations of the influence and application of the 1604 Witchcraft Act by some of the world's leading scholars of witchcraft. The contributors include: Jonathan Barry, Jo Bath, Roy Booth, Chris Brooks, Owen Davies, Malcolm Gaskill, Marion Gibson, Clive Holmes, P. G. Maxwell-Stuart, John Newton, and Tom Webster.
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The essays in this volume examine the relationship of the Jacobean Witchcraft Act to the culture and society of seventeenth-century England. The book explores the potential influence of King James' works and person on the framing of the Act, including the relationship of Shakespeare's "MacBeth" to these events, as well as the impact of the Darrell controversy on the shaping of witchcraft beliefs before the Act. It also asseses the impact of the legislation on society in various parts of the country, as well as examining how drama reflected the ideas found in the legislation. It concludes by looking at the reasons for its repeal in 1736. This work provides new interpretations of the influence and application of the 1604 Witchcraft Act by some of the world's leading scholars of witchcraft. The contributors include: Jonathan Barry, Jo Bath, Roy Booth, Chris Brooks, Owen Davies, Malcolm Gaskill, Marion Gibson, Clive Holmes, P. G. Maxwell-Stuart, John Newton, and Tom Webster.
(source: Nielsen Book Data)