How Law Works
The Machinery and Impact of Civil Justice
By (author) Ross Cranston
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How Law Works by Ross Cranston
Book DescriptionAccess to justice, equality before the law, and the rule of law are three fundamental values underpinning the civil justice system. This book examines these values and how, although they do not have great leverage in decision making by the courts, they are a crucial foundation of the civil justice system and a powerful argument for arrangements such as legal aid, the impartial application of law, and the independence of the judiciary. The second theme of this book concerns the role of procedure, often regarded as of secondary importance compared with substantive law. Taking the definition of procedure at its widest, the book discusses Lord Woolf's Inquiry, and demonstrates how procedural reform can maximize a fundamental value like access to justice. This linkage is furthered in a later analysis of access to justice comparatively, in relation to civil and commercial law. Thirdly, the book looks at understanding how law works, and how it could be made to work better, and concludes that this demands both a knowledge of law and of law's context. This theme offers a framework for the book, which then goes on to deal with the machinery of the law, and discusses what the courts do, civil procedure, and the ethics of lawyer's conduct, all in relation to the broader context of access to justice. This broader context of the law is particularly prominent in the latter half of the book which deals with various dimensions of the impact of the law. Including studies of civil and social rights in practice, the role of European law in the destruction of Aboriginal society in Australia, and commercial law in Asia, these examples raise issues about the gap between the law and reality, the potential law has to destroy social patterns, and the relationship between law and economic development. This is a thought-provoking, critical exploration which has much to offer those interested in the operation of the civil justice system.
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Book DetailsISBN: 9780199292073
(242mm x 163mm x 24mm)
Imprint: Oxford University Press
Publisher: Oxford University Press
Publish Date: 12-Jan-2006
Country of Publication: United Kingdom
Books By Author Ross Cranston
Principles of Banking Law, Paperback (July 2014)
Provides an account of the subject, incorporating changes in banking law, regulation and practice since the publication of the 2nd edition in 2002. This book provides information on international banking and financial services law, covering global bank regulation, global payment systems, international bond instruments, and foreign exchange system.
Making Commercial Law, Hardback (June 1997)
This is a collection of essays written in honour of Roy Goode, the Norton Rose Professor of English Law at Oxford. Topics covered include international contracts and sales, credit and security, and commercial arbitration.
Legal Ethics and Professional Responsibility, Hardback (February 1996)
This collection of essays by leading judges, professional lawyers and academics, should be of interest to anyone concerned with legal ethics and professional responsibility generally.
Reform of Civil Procedure, Hardback (January 1996)» View all books by Ross Cranston
This collection of essays on civil justice is an attempt to assess the present state of civil procedure in the UK and the possible impact of proposals recently put forward by Lord Woolf. In addition, the essays deal with the fundamental problems that are encountered in the administration of civil justice everywhere.
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Author Biography - Ross Cranston
Former Labour MP for Dudley North, 1997-2005; Solicitor-General 1998-2001, Visiting Professor, University of London, at the London School of Economics and Political Science, 1986-1997
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