Old law, new law : a second Australian legal miscellany

Edition Details

Creator or Attribution (Responsibility): Keith Mason
Language: English
Publication Information: The Federation Press
Publication Type (Medium): History, Anecdotes
Material: Internet resource
Type: Book, Internet Resource
Permalink: http://books.lawlegal.eu/old-law-new-law-a-second-australian-legal-miscellany/ (Stable identifier)

Short Description

IX, 197 pages ; 25 cm

Purpose and Intended Audience

Useful for students learning an area of law, Old law, new law : a second Australian legal miscellany is also useful for lawyers seeking to apply the law to issues arising in practice.

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Bibliographic information

Publisher: The Federation Press
Responsable Person: Keith Mason.
Publication Date: 2014
Number of Editions: 2 editions
First edition Date: 2014
Last edition Date: 2014
Languages: English
Library of Congress Code: KK183
ISBN: 9781862879751 1862879753
OCLC: 890971348

Main Contents

Preface Part 1: Men and Women 1. Women (and Men) in the Law Legal disabilities of women and the struggle to overcome them “One flesh” in marriage Women and juries Valuing a woman's marriage prospects 2. Matters Matrimonial Getting married Getting out of marriage legally: void and voidable marriages “Getting out” by other means such as wife sale and bigamy Dissolution of marriage 3. A Little Chapter about Sex Changing attitudes since the 1960s Lovers who fall out The language of sex Sexy Chief Justices Part 2: Essentials of Life 4. Food and Drink Rich pickings for lawyers Cannibalism Slip and fall Intoxicating drink Food lines 5. Death and Taxes Death Will disputes Family provision claims Taxes Part 3: Law's Ways and Means 6. Statutes and Their Makers Supremacy of Parliament Parliamentarians Construing statutes Difficult provisions Judicial anger about statutes 7. Trials and Tribulations Lengthy hearings Clock-watchers Circuits Turning up (or failing to) Robes 8. Cut, Thrust and Contempt Cut and thrust Judicial insults “Courageous” barristers A smattering of contempts 9. Appeal Courts Multiple functions Colonial Governors' Courts of Appeal Appealing from Caesar to Caesar Reasons in an appellate court 10. How Judges Write and Reason Long, short, quick and slow Opening remarks Inadequacy of reasons Brutality, passion and hyperbole 11. Getting Technical Finer points of law Drawing lines and dodging logic Maxims and latinisms Legal fictions Part 4: Guarding Patches 12. Hierarchies and Precedents Duty to follow precedent Tension between the tiers Riverine, nautical and botanical metaphors Absence of precedent 13. The Rule of Law: Courts and the Executive The rule of law The Rum Rebellion The Victorian government defies its Supreme Court in 1865 Sir Henry Parkes defies the Supreme Court of New South Wales in 1888 Governments pushing judges to the limit The Tait saga Threats to the rule of law from others, notably judges Part 5: Public and Private Wrongs 14. Exclusionary Conduct: Colourful Aspects of Constitutional Law Attempts to exclude interstate trade, commerce and intercourse Attempts to exclude non-European immigration Attempts to exclude Egon Kisch, Communists and other European “undesirables” Attempts to exclude interstate lawyers and litigants Attempts to exclude refugees and boat people 15. Torts: Injuries to Body or Reputation Negligence claims Defamation Bibliography Table of Cases Table of Names General Index

Summary Note

Old Law, New Law follows the author's Lawyers Then and Now in offering a miscellany of genuine legal stories drawn from Australian legal history as well as its modern law. If there is any change of focus, this work looks at the people of the law through the prism of established or changing legal doctrines and processes.

Old law, new law : a second Australian legal miscellany

Old law, new law : a second Australian legal miscellany