
The law in a modern society is a bulky and complex instrument, with a 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 jail? 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.
How does the modern legal system function as a complex, discretionary instrument of governance, and what are the moral justifications for its authority over the individual? P. S. Atiyah, a distinguished legal scholar, examines the evolution of law from rigid rule-based systems to more discretionary frameworks. He utilizes historical context and contemporary legal challenges to argue that the law is a human-made institution that requires constant scrutiny to remain legitimate in the eyes of the public.
What You Will Find
Scope Limits
Legal scholars and students frequently cite this work as a foundational, accessible introduction to the philosophy and practical realities of the English legal system. Experts highlight the text for its ability to distill complex institutional problems into clear, manageable arguments for non-specialist readers.
Page Count:
166
Publication Date:
1983-02-03
Publisher:
Oxford University Press
ISBN-10:
0192191667
ISBN-13:
9780192191663
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