English legal system in context

English legal system in context

English legal system in context

Law of the United Kingdom and Ireland > England and Wales > Treatises

Edition Details

  • Creators or Attribution (Responsibility): Fiona Cownie, Mandy Burton, Anthony Bradney
  • Biografical Information: Fiona Cownie is Professor of Law at the University of Keele. She was formerly HK Bevan Professor of Law at the University of Hull. A former Vice-Chair of the Socio-Legal Studies Association, and Past President of the European Law Faculties Association, she is an expert in legal eduction, and is well known for her work in socio-legal studies. Anthony Bradney is Professor of Law at the University of Keele. He was formerly Professor of Law at the University of Sheffield and the University of Leicester. He is Vice-Chair of the Socio-Legal Studies Association, Executive Committee member of the Society of Legal Scholars, and is editor of the Web Journal of Current Legal Issues. Bradney as published widely in the areas of law and religion, law and popular culture, legal pluralism, and legal education.
    Mandy Burton is Lecturer in Law at the University of Leicester. She specialises in criminal justice and family law. She has completed numerous empirical socio-legal studies, including projects commissioned by the Crown Prosecution Service, Department for Constitutional Affairs, and the Home Office.
  • Language: English
  • Jurisdiction(s): England
  • Publication Information: Oxford ; New York : Oxford University Press, ©2007
  • Publication Type (Medium): Einführung
  • Material: Internet resource
  • Type: Book, Internet Resource
  • Permalink: https://books.lawi.org.uk/english-legal-system-in-context/ (Stable identifier)

Short Description

XXIX, 371 pages ; 25 cm

Purpose and Intended Audience

Useful for students learning an area of law, English legal system in context is also useful for lawyers seeking to apply the law to issues arising in practice.

Research References

  • Providing references to further research sources: Search

More Options

Bibliographic information

  • Responsable Person: Fiona Cownie, Anthony Bradney, Mandy Burton.
  • Publication Date: 2007
  • Copyright Date: 2007
  • Location: Oxford – New York
  • Country/State: England
  • Number of Editions: 41 editions
  • First edition Date: 1996
  • Last edition Date: 2013
  • Languages: British English
  • Library of Congress Code: KD660
  • Dewey Code: 349.42
  • ISBN: 9780199289882 0199289883
  • OCLC: 76935646

Publisher Description:

English Legal System in Context provides a critical overview of the legal system, and establishes a sound theoretical framework within which to analyze the system. It discusses the intricacies of the legal system, showing the blurred distinction between the legal and the non-legal, and the authors provide an insightful contextual analysis of the system and its main protagonists.
The authors discuss the police and their powers, the role of the CPS, private policing, the work of non-police agencies, and various methods of alternative dispute resolution, As well as the traditional core areas of the English legal system such as the courts, case law, legal professionals, and the civil and criminal proceedings. Students will find the coverage of the legal profession of particular interest
this text is distinctive in its detailed examination of the role of law schools and law students in the development of the legal profession.
With a clear, logical structure, and a wealth of references to take the reader further into the subject, this is a perceptive and wide-ranging study that explains and ILluminates this fascinating subject.

Main Contents

What is ‘the English legal system’?
The significance of courts
Courts in ‘the English legal system’
English legal reasoning : the use of case law
English legal reasoning : reading statutes
The university law school and law students
Solicitors and barristers
Judges and judging
The civil court in action
Alternative dispute resolution
Private security and other non-police agencies
The public police : uncovering crime and powers of stop and search
Arrest and detention
The magistrates’ court
The Crown Court.

Summary Note

Provides an overview of the legal system, and establishes a theoretical framework within which to analyse the system. This work discusses the intricacies of the legal system, showing the blurred distinction between the legal and the non-legal; and provides an insightful contextual analysis of the system and its main protagonists.

Table of Contents

Preface	xi
Preface to the first edition	xiii
Table of cases	00
Table of statutes	00
1What is ‘the English legal system’? 1
Introduction 1
‘English legal system’ textbooks 2
The rule-centred paradigm 4
Dispute avoidance, dispute settlement and ‘the English legal system’ 6
Problems with the state-rule-centred paradigm 8
Textbooks for lawyers 10
‘The English legal system’ and law reform 11
Alternative legal theories 12
Conclusion 21
2The significance of courts 22
Introduction 22
The definition of courts 22
The importance of courts 23
The function of courts 24
The centrality of courts 26
Courts as rule-makers 29
The court as legislature 31
Limits to the judicial legislature 32
Conclusion 33
3Courts in ‘the English Legal System’ 35
Introduction 35
Categories of courts 35
Individual courts 40
Conclusion 67
4Tribunals 69
Introduction 69
The Franks Report 70
The differences between courts and tribunals 70
Tribunals and administrative agencies 73
The number of tribunals 73
Employment tribunals 74
The Special Educational Needs and Disability Tribunal 80
Conclusion 83
5English legal reasoning: the use of case law 84
Introduction 84
The legal system as legal reasoning 85
The idea of precedent 86
The advantage and disadvantages of precedent 86
The problem of the concept of precedent 89
The present system of precedent 92
Ratio and obiter 92
Finding the ratio 95
The hierarchy of courts 99
Using precedents 101
The use of language 102
Conclusion 104
6English legal reasoning: reading statutes 106
Introduction 106
The statute as a text 108
Enacting coalitions 109
‘The words which Parliament used’ 110
Principles of statutory interpretation 110
Fundamental rights 119
The Human Rights Act 1998 122
Interpretative communities 124
Conclusion 125
7The university law school and law students 127
Introduction 127
Law students 128
The nature of university law schools 129
The black-letter tradition 130
Training for a hierarchy 131
University law schools and gender 135
Conclusion 138
8Solicitors and barristers 140
Introduction 140
The legal profession(s) 143
Solicitors 144
Barristers 155
Conclusion 162
9Judges and judging 163
Introduction 163
The separation of powers 164
The independence of the judiciary 165
Independence, separation and judicial office 167
The selection of the judiciary 168
Judicial style 174
Conclusion 176
10The civil court in action 178
Introduction 178
Personal injury claims 180
Divorce 192
Conclusion 194
11Alternative dispute resolution 195
Introduction 195
Mediation 196
Arbitration 198
ADR in different settings 200
Courts and ADR: interaction with the formal legal system 202
The legal profession and ADR 204
Conclusion 205
12Private security and other non-police agencies 208
Introduction 208
Private security 209
Other non-police forms of social control 217
Interaction with the criminal justice system 219
Further interaction between public police and private agencies 222
Conclusion 223
13The public police: uncovering crime and powers of stop and search 224
Introduction 224
Uncovering crime 224
The legal powers to stop and search 229
Community support officers 241
Conclusion 242
14Arrest and detention 243
Introduction 243
Voluntary assistance 243
Powers of arrest 245
Arrest in context 248
Some issues relating to arrest practices 253
Requirements for a valid arrest 255
Arrest powers of other actors in the legal system 257
Detention 260
Conclusion 285
15Prosecutions 286
Introduction 286
The decision to prosecute 286
Prosecution in perspective: the early years of the CPS 290
CPS caseworkers 292
Enhanced role for the CPS 293
Private prosecution 295
Conclusion 298
16The magistrates’ court 299
Introduction 299
Mode of trial 300
Bail decisions 303
Summary trial 309
Legal aid 311
Committal for trial at the Crown Court312
Other significant actors in the magistrates’ court 313
Conclusion 316
17The Crown Court 317
Introduction 317
Disclosure of evidence 317
Cases that do not go to full trial 319
Jury trial 325
Conclusion 333
Bibliography	334
Index	000

Structured Subjects (Headings):


Leave a Reply

Your email address will not be published. Required fields are marked *