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Noted, but not Invariably Approved

Autor J. R. Spencer
en Limba Engleză Paperback – 4 mar 2014
John Spencer has worked at Cambridge University for over 40 years. He has lectured, supervised - and entertained - students in tort, contract, crime, medical law and criminal procedure and evidence. This book is a tribute to Professor Spencer, but it is different from the usual tribute in that it contains case notes written and selected by the author himself and all published in the Cambridge Law Journal (CLJ) between 1970 and 2013. With the exception of one note, which is somewhat longer, the articles are taken from the case note section of the CLJ which, until fairly recently, imposed a strict word limit of 1000 words and no more (the complexity of the cases and the prolixity of the judges led to the CLJ relaxing this rule to 1500 words). The case notes reproduced here provide a master-class in the writing of incisive, engaging notes. Written with students in mind but also intended for the consumption and edification of a wider audience, these case notes epitomise the way in which Professor Spencer has, for 43 years, cajoled, lambasted and encouraged the judiciary to see things his way.
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Specificații

ISBN-13: 9781849466714
ISBN-10: 1849466718
Pagini: 256
Dimensiuni: 138 x 216 x 10 mm
Greutate: 0.34 kg
Ediția:New.
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

The cases notes provide a master-class in the writing of incisive, engaging notes and make the book extremely useful for students as well as interesting for a wider audience.

Notă biografică

John Spencer KC is Professor of Law in the University of Cambridge and a Fellow of Selwyn College, Cambridge.

Cuprins

The Rescuer as Defendant - Reversal of RolesRescuer as Defendant - Reversal of Roles ReversedWidening Scope of Defence of Contributory NegligenceTrespassers will be Prosecuted - Wooden Lie Comes TrueCriminal Trespass - Wooden Lies Reach the House of LordsBelt up! - The Widening Scope of Contributory NegligenceAsk for it, Get it, and Sue for it - Provocation and Contributory NegligenceKidnapping - The Crime Backs Down on its DemandsTissue Donors: Are they Rescuers, or Merely Volunteers?Blasphemous Libel Resurrected - Gay News and Grim TidingsLies, Damned Lies, and CorroborationDishonesty: What the Jury Thinks the Defendant Thought the Jury Would Have ThoughtRetrials, Reason and the House of LordsTheft - Appropriation and ConsentOn Contemplating the Range of ContemplationPrecedent and Criminal Cases in the House of LordsA Duty of Common Humanity to BeesMurder in the DarkMurder in the Dark: A Glimmer of Light?Flooding, Fault and Private NuisanceThe Evidence of Little ChildrenCitizens Arrest - At their PerilCausal Links and Congenital DisabilitiesInvoluntary Intoxication as a DefenceFreedom to Denounce Your Fellow Citizens to the PoliceInvoluntary Intoxication as a DefenceProtecting the Mentally Disordered Defendant against Herself Seances, and the Secrecy of the Jury-RoomCivil Liability for Making False Accusations to the PoliceBugging and Burglary by the PoliceElectronic Eavesdropping and Anomalies in the Law of EvidenceEverybody OutInsanity and Mens ReaProcedural AnomaliesProtecting the Mentally Disturbed Defendant against Himself Naming and Shaming Young OffendersEntrapment and the European Convention on Human Rights"Rape Shields" and the Right to a Fair TrialDid the Jury Misbehave? Don't Ask, Because We do not Want to KnowAcquitted: Presumed Innocent, or Deemed Lucky to Have Got Away with it?Spouses as Witnesses: Back to Brighton Rock?Civil Liability for Abuse of the Criminal Process: Downstream of Three RiversStrict Liability and the European ConventionJuries: The Freedom to Act IrresponsiblyIs that a Gun in Your Pocket? Or Are You Purposively Constructive?Damages for Lost Chances: Lost for Good?Child Witnesses and the European UnionLiability for Purely Economic Loss Again: "Small Earthquake in Chile. Not Many Dead"?Drunken DefenceThe Evidential Status of Previous Inconsistent StatementsAcquitting the Innocent and Convicting the Guilty - Whatever Will They Think of Next!Arrest for QuestioningThree New Cases on ConsentCurbing Speed and Limiting the Right of SilenceTort Law Bows to the Human Rights ActSuing the Police for Negligence: Orthodoxy RestoredCriminal Liability for Accidental Death: Back to the Middle Ages?Assisted Suicide and the Discretion to ProsecuteLegislate in Haste, Repent in LeisureFair Trials and the European Arrest WarrantPolicemen Behaving Badly - The Abuse of Misconduct in OfficeStrasbourg and Defendants' Rights in Criminal ProcedureLibel Tourist Ordered to Pay 8,000 EurosArrest for QuestioningKilla Walks FreeControlling the Discretion to ProsecutePolice Officers on JuriesIncest and Article 8 of the European Convention on Human RightsSignature, Consent, and the Rule in L'Estrange v GraucobAnnex: List of Selected Publications

Recenzii

...I can think of no better collection of incisive and insightful comments on Commonwealth jurisprudence...Civil practitioners will profit from the in-depth study...

Descriere

This book is a tribute to Professor Spencer, but it is different from the usual tribute in that it contains case notes written and selected by the author himself and all published in the Cambridge Law Journal between 1970 and 2013.