What About Law?

Studying Law at University
3. Auflage 2021
ISBN: 978-1-5099-5010-2
Verlag: Bloomsbury Publishing PLC

Buch, Englisch, 256 Seiten, Paperback, Format (B × H): 132 mm x 198 mm, Gewicht: 277 g

"'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.

Autoren/Hrsg.

Barnard, Catherine

O'Sullivan, Janet

Virgo, G J

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

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

Über Autor(innen)

Virgo, G J
GJ Virgo is Professor of English Private Law at the University of Cambridge and a Fellow of Downing College, Cambridge.

Photograph courtesy of University of Cambridge.

O'Sullivan, Janet
Janet O'Sullivan is Professor of Private Law at the University of Cambridge and a Fellow and the Vice-Master of Selwyn College, Cambridge, UK.

Photograph courtesy of University of Cambridge.

Barnard, Catherine
Catherine Barnard is Professor of EU Law and Labour Law, University of Cambridge, and Fellow of Trinity College, UK.

Catherine Barnard is Professor of EU Law and Employment Law, Janet O'Sullivan is Senior Lecturer in Law and Graham Virgo is Professor of English Private Law, all at the University of Cambridge, United Kingdom.