JUDGE & JURIST

ESSAYS MEMORY LORD RODG C
Erscheinungsjahr 2013
ISBN: 978-0-19-967734-4
Verlag: ACADEMIC

Buch, Englisch, 748 Seiten, Format (B × H): 161 mm x 240 mm, Gewicht: 1274 g

Lord Rodger of Earlsferry was a distinguished judge and scholar. He was a Justice of the Supreme Court of the United Kingdom and the author of many high quality law journal articles and two books. Written in memory of Lord Rodger, this collection contains 47 essays by Lord Rodger's friends and colleagues from the UK and Europe. The essays reflect Lord Rodger's role as a leading judge and also his wide-ranging academic interests including Roman law, Scots law and legal history, and a miscellany of other topics.

The authors in this volume are leading academics or judges, and a particularly notable feature is the nine essays written by Supreme Court justices. As the highest judges in the UK they provide a unique insight into the work of the Supreme Court, as well as Lord Rodger's work in the Court. The book also includes the memorial tributes to Lord Rodger which explain his remarkable legal career, including his roles as Lord Advocate (Senior Law Officer of Scotland) Lord President of the Court of Session, Lord of Appeal in Ordinary and, finally, Justice of the UK Supreme Court. The essays include personal reminiscences of Lord Rodger, helping the reader to understand why he was so highly regarded and why his untimely death has dealt such a devastating blow to law in the UK.

Autoren/Hrsg.

Al, Burrows Et

Burrows, Andrew

Johnston, QC, David

Zimmermann, Reinhard

Fachgebiete

• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtsgeschichte, Recht der Antike
• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

- Part I: Tributes to Lord Rodger

- 1: Colin MacKay: Alan Ferguson Rodger: A Tribute given at the Memorial Service held in St Giles' Cathedral, Edinburgh on 25 November 2011

- 2: David Edward: Alan Ferguson Rodger: A Tribute given at the Memorial Service held in St Giles' Cathedral, Edinburgh on 25 November 2011

- 3: Andrew Burrows: Alan Ferguson Rodger: A Tribute given at the Memorial Service held in the University Church of St Mary the Virgin, Oxford on 11 February 2012

- 4: Luigi Labruna: Lord Rodger: An Italian Tribute

- Part II: Lord Rodger in the House of Lords and Supreme Court

- 5: Lord Brown of Eaton-under-Heywood: Dissenting Judgments

- 6: Lord Dyson: Some Reflections on Lord Rodger's Contribution to the Development of the Common Law

- 7: Baroness Hale of Richmond: Lord Rodger's Mental Health Law

- 8: Lord Hoffmann: Fairchild and After

- 9: Lord Hope of Craighead: Lord Rodger's Notebooks

- 10: Lord Mance: Foreign Laws and Languages

- 11: Tetyana Nesterchuk: The View from Behind the Bench: The Role of Judicial Assistants in the UK Supreme Court

- 12: Lord Phillips of Worth Matravers: 'Strasbourg Has Spoken'

- 13: Lord Reed: The Form and Language of Lord Rodger's Judgments

- 14: Lord Walker of Gestingthorpe: Lord Rodger and Statute Law

- Part III: Roman Law and Roman Legal History

- 15: Tiziana J. Chiusi: Fama and infamia in the Roman Legal System: The Cases of Afrania and Lucretia

- 16: Paul J. du Plessis: Damaging a Slave

- 17: David Ibbetson: The Dating of the lex Aquilia

- 18: David Johnston: Lenel's Palingenesia: Two Footnotes to Rodger

- 19: Rolf Knütel: 'Grappling with the Difficult Subjects with which the Roman Lawyers Liked to Grapple'

- 20: Ernest Metzger: Agree to Disagree: Local Jurisdiction in the lex Irnitana

- 21: O.F. Robinson: Lawmaking in Times of Disorder

- 22: Martin Schermaier: Borrowed Plumes and Robbed Freedmen: Some Aspects of Plagiarism in Roman Antiquity

- 23: Helen Scott: Pits and Pruners: Culpa and Social Practice in Digest 9.2

- 24: Boudewijn Sirks: An Inheritance Lost and a Fraudulent Slave

- 25: Stefan Vogenauer: Lenel and Daube: A Cross-Channel Friendship

- 26: Laurens Winkel: Some Thoughts on the formulae ficticiae of Citizenship in Gaius 4.37: A Form of Reception?

- 27: Joseph Georg Wolf: Jurisdiction in Urso

- 28: Reinhard Zimmermann: 'Unworthiness' in the Roman Law of Succession

- Part IV: Scots Law and Scottish Legal History

- 29: Ross G. Anderson: Words and Concepts: Trust and Patrimony

- 30: John W. Cairns: Freeing from Slavery in Eighteenth-Century Scotland

- 31: David L. Carey Miller: Lawyer for All Time

- 32: Paul Cullen: Lord Rodger and the Criminal Law

- 33: Jacques du Plessis: The Enrichment Claim of the mala fide Improver of Another's Property

- 34: Robin Evans-Jones: Thinking about some Scots Law: Lord Rodger and Unjustified Enrichment

- 35: William M. Gordon: Communis error facit ius

- 36: Phillip Hellwege: Objectivity and Subjectivity in Contract Interpretation

- 37: Hector L. MacQueen: Ae Fond Kiss: A Private Matter?

- 38: Kenneth G. C. Reid: Embalmed in Rettie: The City of Glasgow Bank and the Liability of Trustees

- 39: Joe Thomson: Some Thoughts on the Nature of Liability for Negligence in Scots Law

- Part V: New Perspectives on Recurring Themes

- 40: Jack Beatson: Legal Academics: Forgotten Players or Interlopers?

- 41: Andrew Burrows: Common Law Retrospectivity

- 42: Joshua Getzler: Faith, Trust, and Charity

- 43: Sandy Ghandhi: Al-Skeini and the Extra-Territorial Application of the European Convention on Human Rights

- 44: Birke Häcker: Trees and Neighbours

- 45: Sonja Meier: Performance of an Obligation by a Third Party

- 46: Aidan O'Neill: The Courts, the Church, and the Constitution Revisited

- 47: William Swadling: Legislating in Vain

Über Autor(innen)

Andrew Burrows, MA, BCL, LLM (Harvard), QC (Hon), FBA, Barrister and Honorary Bencher of Middle Temple is Professor of the Law of England at the University of Oxford and a Fellow at All Souls. He sits as a Recorder and is a door tenant at Fountain Court Chambers. He was formerly the Norton Rose Professor of Commercial Law and a Fellow of St. Hugh's College. He was a Law Commissioner for England and Wales from 1994 to 1999. He is the author of many books on unjust enrichment, contract and remedies.

David Johnston, QC practises mainly in public law (including human rights) and commercial law. He was appointed QC in 2005. He is also an honorary professor of law at the University of Edinburgh

Reinhard Zimmermann is a Director of the Max Planck Institute for Comparative and International Private Law in Hamburg and is Chairman of the Social Sciences, Arts, and Humanities Division of the Max Planck Society. He is the author of numerous books on comparative law and legal history, including The Law of Obligations (1996) and The New German Law of Obligations (2005).