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Articles 1 - 4 of 4
Full-Text Articles in Law
Clinics In A Cold Climate: Community Law Centres In England And Wales, Roger Smith
Clinics In A Cold Climate: Community Law Centres In England And Wales, Roger Smith
Osgoode Hall Law Journal
Legal aid clinics in England and Wales, known as law centres, have struggled since they were set up in the early 1970s. They overcame the initial protests of the private profession, which saw the centres as competition, and established an important presence in social welfare law during the 1970s and 1980s. In 1986, the government began implementing financial cuts to the system. Over the next decade, the increased cuts led to a race towards "contract culture" and the introduction of "franchising" within the legal aid system. The implications of fiscal restraint on the efficiency and the quality of the service …
The Equity Jurisdiction Of The Exchequer, William Hamilton Bryson
The Equity Jurisdiction Of The Exchequer, William Hamilton Bryson
Law Faculty Publications
The municipal Jaw of England is divided into common Jaw and equity. This is so because in the middle ages, the judges of the courts of common law (the Court of Common Pleas and the Court of King's Bench) believed that they could not expand the existing law in order to solve new problems. They thought that they were bound by the established Jaw as found in their own earlier judicial opinions. Furthermore, they felt that it was the function of Parliament to change the law; therefore, it would be an unconstitutional usurpation of the legislative power for the courts …
Review Of Reason And Rhetoric In The Philosophy Of Hobbes, Donald J. Herzog
Review Of Reason And Rhetoric In The Philosophy Of Hobbes, Donald J. Herzog
Reviews
In the 1960s, Quentin Skinner wrote a series of polemical if terse papers arguing that the conventional approach to the history of political theory was confused. Using Hobbes as something of a vehicle for his position, Skinner enunciated what is now well known as the "Cambridge" approach to political theory. He urged that we situate authors in their intellectual contexts so that we can isolate what is distinctive, perhaps subversive, in their use of language: only then, he argued, can we have any valid historical understanding on what they are doing in writing these weird books in the first place. …
An American Lawyer's Reflections On Pepper V. Hart, Michael P. Healy
An American Lawyer's Reflections On Pepper V. Hart, Michael P. Healy
Law Faculty Scholarly Articles
Pepper v. Hart gave American lawyers a number of insights into the English law of statutory interpretation. For example, English law as described by the case was not as tidy as had been thought. To be sure, the case does state what Americans had believed was true about English law: “[u]nder present law, there is a general rule that references to parliamentary material as an aid to statutory construction is not permissible (the exclusionary rule).” Notwithstanding that rule, however, Pepper recognized that the rule of exclusion had an important and long-standing exception. This exception applies when the legislative materials identify …