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The law in a modern society is an extremely bulky and complex instrument, with a distracting tendency to become less fixed, less rule-oriented, and more discretionary. An institution made by men for the government of men, the law today can all too readily confuse and dismay us. How and why is so much new law made? By what right does a judge order that a man be sent to gaol? Why is so much law so bad, and why should we, the people, accept the laws made by those who claim the right to govern us? In this lucid, stimulating and completely updated survey, which presupposes no specialist knowledge of the subject, P S Atiyah introduces the reader to a number of fundamental issues about the law, the legal profession, and the adjudicative process. This new edition gives greater emphasis to the effect of membership of the European Community on English law, and gives an expanded account of the European convention on Human Rights with its subsequent effects on English law. Atiyah also looks at the recent controversy over the independence of the judiciary, problems arising from the cost of legal services and legal aid, and the many appalling miscarriages of justice which have disfigured the legal system in the past decade.

Tabla de contenidos provista por Syndetics

• An Opus Book Law and Modern Society(p. i)
• Preface(p. v)
• I Law in the Courts(p. 1)
• 2 Law Outside the Courts(p. 76)
• 3 The Law, the Constitution, And The European Community(p. 90)
• 4 The Purposes of Law(p. 117)
• 5 The Legitimacy of Law(p. 144)
• 6 The Making of Law(p. 169)
• 7 Conclusions(p. 214)
• Suggestions for Further Reading(p. 219)
• Index(p. 227)

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CHOICE Review

Author of numerous articles and monographs in the legal field and a former professor of law, Atiyah is well qualified to prepare this short but comprehensive text dealing with modern society and the law. Because of his background in English law, the book's primary focus is the English legal system, although there are ample references to legal structures and practices in Europe and the US. In this text the author addresses the structure of the legal system, the training of court personnel, and how the system works in practice. He also focuses on the purposes of law for society as well as its legitimacy. Although too short to be used by itself as a university-level textbook, the book is similar in style and coverage to several commonly used college texts: Howard Abadinsky's Law and Justice, 3rd ed. (1995), Christopher E. Smith's Courts, Politics, and the Judicial Process (1993), and Henry J. Abraham's The Judicial Process, 6th ed. (1993). The "Suggestions for Further Reading" at the end would be useful to readers who wish additional information. General readers; undergraduates. R. A. Carp University of Houston

Notas de autor provistas por Syndetics

P. S. Atiyah was Professor of English Law at Oxford from 1977 unti 1988 when he retired.