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• 1. Introduction
• 2. The Early Years
• 3. The Parliamentary Battle for Restrictive Reform
• 4. The Battle for Normalisation
• 5. The Battle for Legal Meaning
• 6. The Battle for Northern Ireland
• 7. The Parliamentary Battle for Modernising Reform
• 8. A Biography of the 'Great Untouchable'
• Appendices
• Bibliography
• Index.
• (source: Nielsen Book Data)

The Abortion Act 1967 may be the most contested law in UK history, sitting on a fault line between the shifting tectonic plates of a rapidly transforming society. While it has survived repeated calls for its reform, with its text barely altered for over five decades, women's experiences of accessing abortion services under it have evolved considerably. Drawing on extensive archival research and interviews, this book explores how the Abortion Act was given meaning by a diverse cast of actors including women seeking access to services, doctors and service providers, campaigners, judges, lawyers, and policy makers. By adopting an innovative biographical approach to the law, the book shows that the Abortion Act is a 'living law'. Using this historically grounded socio-legal approach, this enlightening book demonstrates how the Abortion Act both shaped and was shaped by a constantly changing society.
(source: Nielsen Book Data)

• Introduction
• The early years
• The parliamentary battle for restrictive reform
• The battle for normalisation
• The battle for legal meaning
• The battle for Northern Ireland
• The parliamentary battle for modernising reform
• A biography of the 'Great Untouchable.'

"The Abortion Act 1967 may be the most contested law in UK history, sitting on a fault line between the shifting tectonic plates of a rapidly transforming society. While it has survived repeated calls for its reform, with its text barely altered for over five decades, women's experiences of accessing abortion services under it have evolved considerably. Drawing on extensive archival research and interviews, this book explores how the Abortion Act was given meaning by a diverse cast of actors including women seeking access to services, doctors and service providers, campaigners, judges, lawyers, and policy makers. By adopting an innovative biographical approach to the law, the book shows that the Abortion Act is a 'living law'. Using this historically grounded socio-legal approach, this enlightening book demonstrates how the Abortion Act both shaped and was shaped by a constantly changing society"-- Provided by publisher

• 1. The Essence of Advocacy
• 2. The Morality of Advocacy
• 3. The Future of Advocacy.
• (source: Nielsen Book Data)

Lord Pannick celebrates advocacy: that controversial legal issues are decided in court after reasoned argument in which the participants refrain (usually) from shouting, personal insults or threats, and the points on each side of the debate are tested for their relevance, their accuracy, and their strength. The book seeks to identify the central characteristics of good and bad advocacy with the aid of examples from courtrooms in the UK and abroad. Lord Pannick also examines the morality of advocacy - that the advocate sets out views to which he does not necessarily subscribe, on behalf of clients for whom she may feel admiration, indifference, or contempt. Lord Pannick seeks to answer the question he is often asked - more by friends than by judges - 'How can you act for such terrible people?'. Finally, he addresses the future of advocacy, arguing it should and will survive pressures for efficiency and technological developments.
(source: Nielsen Book Data)

• 1. The balance of classes (1867)
• 2. Democracy in Switzerland (1890)
• 3. Ought the referendum to be introduced into England? (1890)
• 4. The defence of the union (1892)
• 5. The referendum (1894)
• 6. Will the form of parliamentary government be permanent? (1899)
• 7. The referendum and its critics (1910)
• 8. The Parliament Act, 1911, and the destruction of all constitutional safeguards (1912)
• 9. Development during the last thirty years of new constitutional ideas (extract from the introduction to the eighth edition of introduction to the study of the law of the constitution, 1915).
• (source: Nielsen Book Data)

What are the limits to parliamentary sovereignty? When should the people be able to vote directly on issues? The constitutional theorist Albert Venn Dicey (1835-1922) was a cogent advocate of the referendum. While his enthusiasm for the institution was widely acknowledged in his own day, thereafter this dimension of his career has been largely neglected. This fall into obscurity is partly explained by the fact that Dicey never collected his writings on referendums into a single volume. Consequently, during the prolonged crisis over Brexit, the implications of Dicey's thought were unclear, despite his standing as a foundational figure in British constitutional law. This timely modern edition brings together Dicey's sophisticated and intricate writings on the referendum, and it covers his attempts to construct a credible theory of democracy on a new intellectual and institutional basis. An original scholarly introduction analyzes Dicey's thought in light of its contemporary context.
(source: Nielsen Book Data)

• 1. The balance of classes (1867)
• 2. Democracy in Switzerland (1890)
• 3. Ought the referendum to be introduced into England? (1890)
• 4. The defence of the union (1892)
• 5. The referendum (1894)
• 6. Will the form of parliamentary government be permanent? (1899)
• 7. The referendum and its critics (1910)
• 8. The Parliament Act, 1911, and the destruction of all constitutional safeguards (1912)
• 9. Development during the last thirty years of new constitutional ideas (extract from the introduction to the eighth edition of introduction to the study of the law of the constitution, 1915).
• (source: Nielsen Book Data)

What are the limits to parliamentary sovereignty? When should the people be able to vote directly on issues? The constitutional theorist Albert Venn Dicey (1835-1922) was a cogent advocate of the referendum. While his enthusiasm for the institution was widely acknowledged in his own day, thereafter this dimension of his career has been largely neglected. This fall into obscurity is partly explained by the fact that Dicey never collected his writings on referendums into a single volume. Consequently, during the prolonged crisis over Brexit, the implications of Dicey's thought were unclear, despite his standing as a foundational figure in British constitutional law. This timely modern edition brings together Dicey's sophisticated and intricate writings on the referendum, and it covers his attempts to construct a credible theory of democracy on a new intellectual and institutional basis. An original scholarly introduction analyzes Dicey's thought in light of its contemporary context.
(source: Nielsen Book Data)

• Introduction
• The balance of classes (1867)
• Democracy in Switzerland (1890)
• Ought the referendum to be introduced in England? (1890)
• The defence of the Union (1892)
• The referendum (1894)
• Will the form of parliamentary government be permanent? (1899)
• The referendum and its critics (1910)
• The Parliament Act, 1911, and the destruction of all constitutional safeguards (1912)
• Development during the last thirty years of new constitutional ideas (extract from the Introduction to the eighth edition of Introduction to the study of the law of the Constitution, 1915).

"Nineteenth-century politics and political theory, with implications for our biggest debates today: what are the limits to parliamentary sovereignty? When should the people be able to vote directly on issues? The thoughts of England's greatest constitutionalist, AV Dicey, on this crucial subject are presented for a modern audience"-- Provided by publisher.

"Bankruptcy: Law and Practice presents a comprehensive guide to the law of bankruptcy in England and Wales and how it is applied in practice, focusing on this key area of personal insolvency law in order to provide a full understanding of how these laws operate"-- Provided by publisher

The British constitution has grown organically in response to changes in its economic, political, and social environment, and is not contained in a single authoritative text. In this 'Very Short Introduction', Martin Loughlin examines the nature and authority of the constitution, and its challenging prospects for the future.

• Introduction
• John Carleton, the replication; or, certain vindicatory depositions
• Mary Carleton, an historical narrative of the German princess
• Mary Carleton, the case of Madam Mary Carleton
• John Carleton, the ultimum vale of John Carleton, of the middle temple
• F. B. Gent., Vercingetorixa; or, the German princess reduced to an English habit
• T. P. Gent., a witty combat; or, the female victor. a tragi-comedy
• The arraignment, trial, and examination of Mary Moders.

"Seven pamphlets related to the sensational seventeenth-century bigamy trial of Mary Carleton, who may have saved herself from hanging by her eloquent self-defense"-- Provided by publisher.

• Volunteers
• Religious workers
• The clergy as ministers of religion
• Employment status of the clergy : a comparative perspective
• How can the employment relationship between a member of the clergy and their religious body be analysed?
• The legal status of the clergy under employment law as employees and workers
• The autonomy of religious bodies
• The perspectives of churches on the legal status of the clergy and other religious workers
• A solution? : potential reforms to achieve a degree of employment protection for clergy and other religious workers

"This book examines the current law on the employment status of ministers of religion and suggests reforms in this area of the law to meet the need for ministers to be given a degree of employment protection. The work considers the constant theme in Christian history that the clergy should not be subject to the ordinary courts and asks whether this is justified with the growth of areas such as employment law. The work questions whether it is possible to arrive at a satisfactory definition of who is a minister of religion and, along with this, who would be the employer of the minister if there was a contract of employment. Taking a comparative perspective, it evaluates the case law on the employment status of Christian and non-Christian clergy and assesses whether this shows any coherent theme or line of development. The work also considers the issue of ministerial employment status against the background of the autonomy of churches and other religious bodies from the State, together with their ecclesiology. The book will be of interest to academics and researchers working in the areas of law and religion, employment law and religious studies, together with both legal practitioners and human resources practitioners in these areas"-- Provided by publisher

"In nineteenth-century England, legal conceptions of work and family changed in fundamental ways. Notably, significant legal moves came into play that changed the legal understanding of the family. Constructing the Family examines the evolution of the legal-discursive framework governing work and family relations. Luke Taylor considers the intersecting intellectual and institutional forces that contributed to the dissolution of the household, the establishment of separate spheres of work and family, and the emergence of modern legal and social ideas concerning work and family. He shows how specific legal-institutional moves contributed to the creation of the family's categorical status in the social and legal order and a distinct and exceptional body of rules - Family Law - for its governance. Shedding light on the historical processes that contributed to the emergence of English family law, Constructing the Family shows how work and family became separate regulatory domains, and in so doing reveals the contingent nature of the modern legal family."-- Provided by publisher

• Introduction
• Early encounters : protecting maps and atlases 1400-1700
• Enlightenment mapmaking and lawmaking Part One : the legislation
• Enlightenment mapmaking and lawmaking Part Two : the litigation
• Legal highways and byways : road books in court
• Public surveys, national maps : the rise of the ordnance survey
• Shipwrecks and copyrights : hydrographic information and the UK hydrographic office
• 'A painted sssemblage of facts' : private mapmaking in the nineteenth century
• The twentieth century : for crown and country
• Conclusion.

"This open access book explores the intertwined histories of mapmaking and copyright law in Britain from the early modern period up to World War 1, focusing chiefly on the 18th and 19th centuries. Taking a multidisciplinary approach and making extensive use of the archival record, this is the first detailed, historical account of the relationship between maps and copyright. As such, it examines how the emergence and development of copyright law affected mapmakers and the map trade and how the application of copyright law to the field of mapmaking affected the development of copyright doctrine. Its explorations cast new light on the circulation of geographical knowledge, different cultures of authorship and creativity, and connections between copyright law, print culture, technology, and society. The book will be of interest to legal historians, intellectual property scholars, and historians of the map and print culture, as well as those interested in the history of knowledge and how legal control over data has been exerted over time. It takes the reader back to the earliest attempts to establish who can own and control geographical information and its graphic representation in the form of a map. In so doing, it establishes a long history of tension between the interests of private enterprise, government, and the public. The book's investigations end in the first decades of the 20th century, but the tensions it identifies persist in the 21st century, although today paper maps have been largely replaced by web-based mapping platforms and digital geospatial data. The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Australian Research Council"-- Provided by publisher.

• Introduction
• Early encounters : protecting maps and atlases 1400-1700
• Enlightenment mapmaking and lawmaking part one : the legislation
• Enlightenment mapmaking and lawmaking part two : the litigation
• Legal highways and byways : road books in court
• Public surveys, national maps : the rise of the ordnance survey
• Shipwrecks and copyrights : hydrographic information and the UK hydrographic office
• 'A painted sssemblage of facts' : private mapmaking in the nineteenth century
• The twentieth century : for crown and country
• Conclusion.

"This open access book explores the intertwined histories of mapmaking and copyright law in Britain from the early modern period up to World War 1, focusing chiefly on the 18th and 19th centuries. Taking a multidisciplinary approach and making extensive use of the archival record, this is the first detailed, historical account of the relationship between maps and copyright. As such, it examines how the emergence and development of copyright law affected mapmakers and the map trade and how the application of copyright law to the field of mapmaking affected the development of copyright doctrine. Its explorations cast new light on the circulation of geographical knowledge, different cultures of authorship and creativity, and connections between copyright law, print culture, technology, and society. The book will be of interest to legal historians, intellectual property scholars, and historians of the map and print culture, as well as those interested in the history of knowledge and how legal control over data has been exerted over time. It takes the reader back to the earliest attempts to establish who can own and control geographical information and its graphic representation in the form of a map. In so doing, it establishes a long history of tension between the interests of private enterprise, government, and the public. The book's investigations end in the first decades of the 20th century, but the tensions it identifies persist in the 21st century, although today paper maps have been largely replaced by web-based mapping platforms and digital geospatial data. The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Australian Research Council"-- Provided by publisher.

• Introduction
• Honourable anger, moral warrants for murder : glossing Titus Andronicus
• Othello : 'an honourable murderer, if you will'
• 'Unlucky deeds' : passion's progress in the nineteenth-century courts
• Passions contained : 'Othello's crime was murder and nothing else'
• Homicidal rage in 'modern times' : passion unleashed
• 'Red mist' rage unmasked.

"Bringing key Shakespeare texts into dialogue with feminist socio-legal research, this book investigates the notion of a 'crime of passion' - indicatively, wife-killing. Its key concern is to bring attention to a cultural and legal revolution widely overlooked even in the law field where it occurred. In 2009, the English Parliament passed a controversial law abolishing the defence of provocation. Explaining the new law, reformers said that this so-called 'heat of passion' defence had allowed men to get away with murder by blaming the victim. Abolishing it in cases of alleged 'infidelity' would 'end the culture of excuses'. Unpacking what was at stake in the reformers' revolutionary challenge to the English law of murder's age-old concession to 'human frailty' in 'red mist' rage cases, this book charts passion's progress in wife-killing cases over the centuries. It commences in the early modern era when jurists were busy distinguishing murder from manslaughter and, contemporaneously, Shakespeare set about querying culturally-inscribed excuses for femicide in his plays, Titus Andronicus and Othello. This book will appeal to feminist and socio-legal scholars, criminologists and those working in the fields of law and literature, legal theory and Shakespeare studies. More widely, it will appeal to anyone interested in so-called 'crimes of passion'"-- Provided by publisher.

• The structure and format of the contract
• Contract drafting techniques
• Advanced drafting techniques
• Basic commercial / legal issues affecting contract drafting
• Interpretation of the contracts by the courts : implications for the draftsman/negotiator
• Drafting consumer contracts
• Legal terms and lawyers' jargon
• Termination
• Techniques for checking contracts before signing them
• Drafting, exchanging and protecting documents electronically.

"This book is the 'one-stop-shop' for practical contractual matters, making it essential reading for anyone involved in negotiating and drafting commercial contracts"-- Provided by publisher.

• General introduction
• The Nature of duress
• Is the pressure illegitimate?
• Causation and absence of reasonable alternative
• Types of duress
• Introduction to Part II
• Equitable undue influence
• Actual undue influence
• Presumed undue influence
• Presumed undue influence : a relationship of influence
• Presumed undue influence : a transaction that calls for explanation
• Rebutting the presumption of undue influence
• Undue influence in probate law
• Abuse of confidence
• Introduction to Part III
• Was the claimant at a serious disadvantage?
• Is the defendant's conduct unconscionable?
• Is the transaction overreaching and oppressive?
• Independent advice
• Scope of unconscionable dealing
• Introduction to Part IV
• The doctrine of agency
• Actual and constructive notice
• Constructive notice : when is a party put on inquiry?
• Steps to be taken by a creditor put on inquiry
• Comparison with equivalent doctrines in Australia and Scotland
• Introduction to Part V
• Remedies
• Equitable defences.

"Duress, Undue, Influence and Unconscionable Dealing are grounds on which a contract can be set aside because the claimant was induced to enter into it by means which the law considers unacceptable. Professor Enonchong provides a detailed and rigorous analysis of the circumstances where an otherwise valid transaction can be avoided on each of these grounds. Duress : Duress is a common law doctrine under which a contract may be avoided where the complainant was induced to enter into it by illegitimate pressure, such as a threat of physical violence, a threat to seize or damage property or economic pressure. Undue Influence : There are two doctrines of undue influence: the equitable doctrine of undue influence is concerned with lifetime transactions (such as contracts), while the probate doctrine of undue influence is concerned with wills. The equitable doctrine of undue influence deals with cases where one person has acquired influence over another, and the ascendant person abuses that influence to induce the other person to enter into a lifetime transaction. It includes an evidential presumption of undue influence in certain cases. Probate undue influence applies in relation to wills. It allows the court to refuse to admit a will to probate where the testator was induced to sign the will by the exercise of undue influence. Unlike equitable undue influence, probate undue influence does not include an evidential presumption of undue influence. Abuse of Confidence : The book also discusses the equitable doctrine of abuse of confidence, which is sometimes confused with, but is different from, the equitable doctrine of undue influence. The doctrine of abuse of confidence is concerned to protect a person (the principal) who has placed confidence in another person (the fiduciary) from abuse of that confidence in any transaction between the fiduciary and the principal (as where a solicitor buys property from his client). Unconscionable dealing : Unconscionable dealing or unconscionable bargains is an equitable doctrine that provides protection to weaker parties in certain situations. The court will intervene on this ground to set aside a contract where, at the time of the contract: one party was suffering from some serious disadvantage, such as poverty, ignorance, illness, or otherwise, so that the circumstances existed of which unfair advantage could be taken; that weakness was exploited by the other party ("the stronger party") in a morally reprehensible manner; and the resulting transaction is extremely one-sided in favour of the stronger party" -- Provided by publisher.

"Exclusion Clauses and Unfair Contract Terms examines, in a detailed, practical, and incisive manner, this important area of contract law. It provides guidance to the practitioner on drafting and using exclusion clauses effectively within the formative phase of a contract. Additionally, it offers commentary on the possibility of challenging an exclusion clause. The text deals with exclusion clauses and unfair contract terms in the context of both commercial and consumer contracts, considering the legal tests which are applied to determine whether the exclusion clause has been successfully incorporated, how it should be interpreted, and the extent to which it might be invalidated at Common Law and under statute"-- Provided by publisher.

• 1. Evolution and Revolution: Family Life and Law from the Elizabethan Era to the Mid Twentieth Century
• 2. Family Life Today: Old and New Patterns, Old and New Problems
• 3. Family Values Today: What Goals Should Guide Contemporary Family Law?
• 4. The New Divorce Law: From Adjudication to Administrative Case Processing, from Discretion to Rules
• 5. The New Law of Adult Relational Status: Charting Similarities and Differences in Marriage and Cohabitation
• 6. Family Life: The State's Role in Promoting Durable, Harmonious Family Relationships
• 7. Family Care and Family Law: Balancing Public and Private Obligations to Achieve Family Justice.
• (source: Nielsen Book Data)

Family Life, Family Law, and Family Justice: Tying the Knot combines history, social science, and legal analysis to chart the evolution and interdependence of family life and family law, portray current trends in family life, explain the pressing policy challenges these trends have produced, and analyze the changes in family law that are essential to meeting these challenges. The challenges are large and pressing. Across the industrialized West, nonmarital birth, relational stress, multi-partner fertility, and relationship dissolution have increased, producing a dramatic rise in single parenthood, poverty, and childhood risk. This concentration of familial and economic risk accelerates socioeconomic inequality and retards intergenerational mobility. Although the divide is most pronounced in the United States, the same patterns now affect families throughout the Western world. Across the European Union, there are 9.2 million "lone" parents, and just under half of their families live in poverty. Tying the Knot demonstrates how today's family patterns are deeply rooted in long-standing, class-based differences in family life and explains why these class-based differences have accelerated. It explains how the values that guide family law development inevitably reflect the world in which families live and develops a new family law capable of meeting the needs of twenty-first century families. The book will be of considerable interest to family specialists from a number of fields, including law, demography, economics, history, political science, public health, social policy, and sociology.
(source: Nielsen Book Data)

• 1. Introduction
• 2. Historical foundations of freezing injunctions
• 3. Theoretical foundations of freezing injunctions
• 4. Theoretical foundations of jurisdiction in private international law
• 5. Application of jurisdictional theories
• 6. Reform proposals
• 7. The relationship between freezing injunctions and other interim relief
• 8. Conclusions.
• (source: Nielsen Book Data)

The extent of available pre-judgment asset preservation relief is widely regarded as a unique characteristic of English law and one of the key factors attracting international commercial litigation to the English courts. By taking a novel view of the theoretical foundations of a freezing injunction, this book challenges the long-established view that such an injunction is an in personam form of relief whose sole purpose is to prevent unscrupulous defendants from making themselves judgment-proof. Dr Saranovic combines historical and comparative perspectives to identify several theoretical flaws in the court's jurisdiction to grant this popular form of interim relief. The book demonstrates that the current application of private international law rules in this field leads to inequality among litigants and illegitimate encroachment upon the sovereignty of foreign states. It proposes a range of possible solutions to alleviate concerns about the scope of freezing injunctions both in the domestic and international arena.
(source: Nielsen Book Data)