Overview

The history underlying and informing the Australian legal system is a uniquely interesting amalgam of English, American and local developments. It is often poorly understood – not least because there are no modern counterparts to this volume and its companion on commercial law. But, as Holmes long ago pointed out, in order to know what the law is we must first know what it has been. This volume not only discharges that function, informing its readers clearly and lucidly, but it also demonstrates how Australian legal history may be examined from a range of perspectives, leading to a deeper and richer understanding.\n\nThis first volume of 15 essays, by distinguished judges and practitioners, sets the very highest standards of analysis and scholarship. There are incisive assessments of key figures such as Sir Owen Dixon and Justice Joseph Story (by Justices Hayne and Allsop respectively), and of key developments such as the establishment of an Australian land law, the reception of the common law, the growth to nationhood, the changing role of precedent, and the separation of powers. There are essays on the very early influences on Australian law from the leading early texts (Glanvill and Bracton), from early English statutes and from Roman law. There are essays on the growth of equity, and even a modern dialogue (in accordance with an ancient tradition) on the Judicature legislation. And there are accounts of legal procedure, which is ultimately the source of much substantive law, and of the jurisprudential figures who have sought to analyse law. The introductory essay by Justin Gleeson and James Watson provides an overview of the volume, as well as being a powerful argument for why an understanding of legal history is not optional but essential.\n\nThree of the authors have been appointed to judicial office since preparing these essays, and another has been made Solicitor-General of Australia. All have made distinguished contributions, and their essays will bear reading and re-reading, for all Australian lawyers looking for a deep understanding of how the Australian legal system operates.

Full Product Details

9781862879058

Table of Contents

Reviews

Each of the essayists is a person whose contribution is worth reading. Their work and its thematic arrangement creates an important and valuable resource and makes accessible to Australian lawyers, law students and judges in a convenient way, an array of materials which would otherwise require resort to a large range of disparate texts and law review articles. This book is a rich source of learning and reference for students, practitioners and judges alike. I certainly hope that it will find its place, inter alia, in legal history courses in more than one law school. Read launch speech... - Chief Justice Robert French launching both volumes, 22 August 2013

More importantly, each of its essayists is a person whose contribution is worth reading. ... [The volumes] create an important and valuable resource and make accessible to Australian lawyers, students and judges, in a convenient way, an array of materials which would otherwise require resort to a range of disparate texts and law review articles. This book is a rich source of reference ... I venture to say it is unique. I certainly hope that it will find its place among legal history courses in more than one law school and in more places than Sydney. - Chief Justice Robert French launching both volumes, 22 August 2013

Author Information

Tab Content 6

Customer Reviews

Recent Reviews

Countries Available