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Re-thinking Legal Education under the Civil and Common Law
Whilst educational theory has developed significantly in recent years, much of the law curriculum remains content-driven and delivered traditionally, predominantly through lecture format. Students are, in the main, treated as empty vessels to be filled by the eminent academics of the day. Re-thinking Legal Education under the Common and Civil Law draws on the experience of teachers, practitioners and students across the world who are committed to developing a more effective learning process. Little attention has, historically, been paid to the importance of the application of theory, the role of reflective learning, the understanding and acquisition of lawyering skills and the development of...
Regulating Preventive Justice
Like medicine, law is replete with axioms of prevention. ‘Prevention is better than cure’ has a long pedigree in both fields. 17th century jurist Sir Edward Coke observed that ‘preventing justice excelleth punishing justice’. A century later, Sir William Blackstone similarly stated that ‘preventive justice is ...preferable in all respects to punishing justice’. This book evaluates the feasibility and legitimacy of state attempts to regulate prevention. Though prevention may be desirable as a matter of policy, questions are inevitably raised as to its limits and legitimacy, specifically, how society reconciles the desirability of averting risks of future harm with respect for the ...
Law as Change
In 2011, Professor Adrian J Bradbrook retired from a distinguished scholarly career spanning over forty years. During this time, he made a significant contribution to teaching and scholarship not only in property law — specifically to leasehold tenancies law and easements and restrictive covenants — but also to energy law, especially the emerging and growing field of solar energy. This book brings together those people who worked closely with Bradbrook, each an expert in their own right, to honour a career by critically engaging with the contributions Bradbrook made to property and energy law. Each author has chosen a topic that both fits with their own cutting-edge research and explores the related contributions made by Bradbrook. Most unusually, this collection ranges widely across property law, energy law and human rights.
Judicial Review Handbook
Foreword by Lord Woolf, the former Lord Chief Justice. The Judicial Review Handbook is one of the leading works in public law, an indispensable source of reference and a guide to the burgeoning case law in judicial review. Established as an essential part of the library of any practitioner engaged in public law cases, the Judicial Review Handbook offers unrivalled coverage of administrative law, including, but not confined to the work of the Administrative Court and its procedures. But as anyone who has used the previous editions will acknowledge, it is much more than that. The completely revised and up-dated fifth edition is once again structured around 63 unique legal principles supported ...
Contemporary Challenges in Clinical Legal Education
This edited book addresses contemporary challenges in clinical legal education (CLE), considering its role in legal education and in the broader community it serves. Written by experts from various international contexts, the book explores how the changing nature and requirements of legal practice alongside social and technological developments affect the pedagogy of clinical legal education. Chapters chart the development of clinical legal education across various jurisdictions and examine developments in programme design and supervision of and in CLE along with the role of CLE in the community. The authors also reflect on the dynamic and developing role of clinical legal education and offer recommendations for the future. This book will be essential reading for academics, researchers in clinical legal education, and those interested in legal education across the world. It will also be of interest to students of clinical legal education whose research requires a deeper understanding of the current themes and issues of the subject.
Capacity, Participation and Values in Comparative Legal Perspective
With contributions from an international team of experts, this collection provides a much-needed international, comparative approach to mental capacity law. The book focuses particularly on exploring substantive commonalities and divergences in normative orientation and practical application embedded in different legal frameworks. It draws together contributions from eleven different jurisdictions across Europe, Asia and the UK and explores what productive or unproductive values and practices currently exist. By providing a detailed comparison of how legal and ethical commitments to persons with disabilities are framed in capacity law across different national systems, the book highlights the values and practices that could lead to changes that better respect persons with disabilities in mental capacity regimes.
Precarity
Leading UK economist Guy Standing has referred to the precariat as a class-in-the-making. The Precariat are our fellow citizens — be they poor, elderly, disabled, homeless, estranged from their cultural communities, refugees, engaged in casual work — who lead lives of uncertainty, dependency, powerlessness, perilousness and insufficiency. They are the outcome of the gradual dismantling of the welfare state and the withering of union representation. They are also the victims of the changing nature of work. This important book moves beyond the world of labour to identify and illustrate other forms of precarity in New Zealand, including the lack of opportunities for cultural expression and the struggle to be safe. It focuses on New Zealand's emerging class, not to further vilify it but rather to place its members' lived experience in plain sight. As the editors say, &‘It is time that all New Zealanders understood the reality of what many of our citizens endure in the struggle to make ends meet and live dignified lives.'
Modernizing Legal Education
Discusses the skills required by future lawyers, and explores innovative and technology-driven approaches to modernising legal education.
Teaching Evidence Law
Teaching Evidence Law sets out the contemporary experiences of evidence teachers in a range of common law countries across four continents: Australia, Canada, Hong Kong, Ireland, New Zealand, South Africa, the United Kingdom and the United States. It addresses key themes and places these in the context of academic literature on the teaching of evidence, proof and fact-finding. This book focuses on the methods used to teach a mix of abstract and practical rules, as well as the underlying skills of fact-analysis, that students need to apply the law in practice, to research it in the future and to debate its appropriateness. The chapters describe innovative ways of overcoming the many challenges of this field, addressing the expanding fields of evidence law, how to reach and accommodate new audiences with an interest in evidence, and the tools devised to meet old and new pedagogical problems in this area. Part of Routledge’s series on Legal Pedagogy, this book will be of great interest to academics, post-graduate students, teachers and researchers of evidence law, as well as those with a wider interest in legal pedagogy or legal practice.
Coercive Care
There has been much debate about mental health law reform and mental capacity legislation in recent years with the UN Convention on the Rights of Persons with Disabilities also having a major impact on thinking about the issue. This edited volume explores the concept of ‘coercive care’ in relation to individuals such as those with severe mental illnesses, those with intellectual and cognitive disabilities and those with substance use problems. With a focus on choice and capacity the book explores the impact of and challenges posed by the provision of care in an involuntary environment. The contributors to the book look at mental health, capacity and vulnerable adult’s care as well as the law related to those areas. The book is split into four parts which cover: human rights and coercive care; legal capacity and coercive care; the legal coordination of coercive care and coercive care and individuals with cognitive impairments. The book covers new ground by exploring issues arising from the coercion of persons with various disabilities and vulnerabilities, helping to illustrate how the capacity to provide consent to treatment and care is impaired by reason of their condition.
