Full Description
"'What About Law?' succeeds where so many legal guidebooks fail ... [it] skilfully demystifies the law and ably proves its argument. The law is, indeed, all around us - and this book will whet your appetite to find out how and why." - Alex Wade, The Times (of the previous edition)
Law is one of the few subjects that the school leaver, choosing a degree course, will have very little real understanding of. This book comes to the rescue by clearly setting out what a prospective law student can expect and why a student should choose to study law.
This new edition is updated to reflect the reality of studying law today, highlighting changes due to Brexit and reforms to constitutional law. The book covers the compulsory subjects every law student has to study: contract, criminal, property and trusts law, and brings them up to date. With a clear core structure and approach it takes a case from each of these subjects to illustrate legal issues and methodology. The writing style is accessible and has the audience - novices to law - firmly in mind.
What About Law? shows how the study of law can be fun, intellectually stimulating and challenging. It introduces prospective students to the legal system, legal reasoning, critical thinking and argument. Written by a team of experienced teachers, this book should be read by every student about to embark on the study of law.
Contents
1. Introduction to Law
Catherine Barnard, Janet O'Sullivan and Graham Virgo, all University of Cambridge, UK
STARTING TO THINK ABOUT LAW
THE TOOLS
LEGAL METHOD
INTERPRETATION
IMAGINATION
GENERALISATION
POLICY UNDERPINNING THE RULE
ONE FINAL EXAMPLE
CONCLUSIONS
2. Criminal Law
Graham Virgo, University of Cambridge, UK
THE ELEMENTS OF A CRIME
THE REASONS FOR PUNISHMENT
REASONS FOR CHARACTERISING CONDUCT AS CRIMINAL
FACTS OF BROWN
THE KEY OFFENCES
THE ISSUE IN BROWN
APPLICATION OF THE DECISION
THE DISSENTING JUDGES
THEORY: AUTONOMY VERSUS WELFARE
SUBSEQUENT EVENTS: MOTIVE AND RISK
HUMAN RIGHTS
LAW REFORM
CONCLUSIONS
3. Law of Contract
Janet O'Sullivan, University of Cambridge, UK
INTRODUCTION
SOME CRUCIAL IDEAS ABOUT CONTRACTUAL REMEDIES
THE CASE
THE HOUSE OF LORDS DECISION IN MORE DETAIL
WHAT HAS HAPPENED SINCE RUXLEY?
WHAT IF THE BUILDER HAD SAVED MONEY BY BREACHING THE CONTRACT?
CONCLUSION
4. Tort
Tony Weir, revised by Janet O'Sullivan, University of Cambridge, UK
THE MOST FAMOUS TORT CASE
THE 'DUTY' QUESTION
THE KIND OF HARM
DAMAGE AND LOSS
RECOVERY FOR PURE FINANCIAL HARM
APPLICATION IN MCFARLANE
FAIR, JUST AND REASONABLE
THE REASONS GIVEN IN MCFARLANE
THE SPEECH OF LORD STEYN
DISTRIBUTIVE JUSTICE
PSYCHIATRIC HARM
EFFECT ON THIRD PARTIES
TORT AS DETERRENCE
DETERRENCE AND COMPENSATION
TWO EXAMPLES
STATUTES AND JUDGE-MADE LAW
THE EFFECT OF MCFARLANE
DAMAGE AND THE INVASION OF RIGHTS
THE UNWANTED BABY ABROAD
CONCLUSION
5. Land Law
Kevin Gray, University of Cambridge, UK
INTRODUCTION
THE PROBLEM OF PROPERTY
THE CASE (CHHOKAR V CHHOKAR)
CONCLUSION
6. Equity and Trusts
Graham Virgo, University of Cambridge, UK
WHAT IS EQUITY?
THE CONTRIBUTION OF EQUITY
TYPES OF TRUST
THE FACTS OF FOSKETT V MCKEOWN
THE POSSIBLE SOLUTIONS
IDENTIFICATION AND APPLICATION OF RULES AND PRINCIPLES
CONCLUSIONS
7. Constitutional Law
Mark Elliott, University of Cambridge, UK
PROLOGUE
THE MILLER II CASE
CONCLUSIONS
8. EU Law, Brexit and International Trade
Catherine Barnard, University of Cambridge, UK
THE WORLD TRADING REGIME
CASSIS DE DIJON
BREXIT
CONCLUSIONS
9. Conclusions: Drawing Some Threads Together
Janet O'Sullivan, Catherine Barnard and Graham Virgo, all University of Cambridge, UK
