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The underlying theme of this book is that the principles of law laid down by the Judges in the 19th century-however suited to social conditions of the time-are not suited to the social necessities and social opinion of the 20th century. They should be moulded and shaped to meet the needs and opinions of today. The Discipline of Law is a fascinating account of Lord Denning's personal contribution to the changing face of the law in this century.
The core question investigated is whether 19th-century legal principles remain valid when applied to the social necessities and public opinions of the 20th century. Lord Denning, a prominent English judge, draws upon his extensive judicial career to argue that the law must be an evolving instrument rather than a static set of rules. He presents a framework for judicial interpretation that prioritizes contemporary social needs over rigid adherence to historical precedent. By examining his own rulings, he illustrates how the judiciary can actively shape the law to reflect modern values.
What You Will Find
Legal scholars and practitioners frequently cite this work as a foundational text for understanding the philosophy of judicial interpretation in the English legal system. Readers often note the clarity of the prose, which makes complex legal arguments accessible to both students and professionals alike.
Page Count:
331
Publication Date:
2013-01-01
Publisher:
Oxford University Press
ISBN-10:
0199686416
ISBN-13:
9780199686414
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