What About Law?: Studying Law at University

Description

Most young people considering studying law, or pursuing a legal career, have very little idea of what learning law involves and how universities teach law to their students. The new edition of this book, which proved very popular when first published in 2007, provides a 'taster' for the study of law; a short, accessible presentation of law as an academic subject, designed to help 17- and 18-year old students and others decide whether law is the right choice for them as a university subject, or, if they have already made the choice, what to expect when they start their law degree. It helps answer the question 'what should I study at university?' and counters the perception that law is a dry, dull subject. What About Law? shows how the study of law can be fun, intellectually stimulating, challenging and of direct relevance to students. Using a case study approach, the book introduces prospective law students to the legal system, as well as to legal reasoning, critical thinking and argument. This is a book that should be in the library of every school with a sixth form, every college and every university, and it is one that any student about to embark on the study of law should read before they commence their legal studies. All of the authors have long experience in teaching law at Cambridge and elsewhere and all have also been involved, at various times, in advising prospective law students at open days and admissions conferences. Listed as one of the 'Six of the best law books' that a future law student should read by the Guardian Law Online, 8th August 2012. See the detailed website for this book: http://www.whataboutlaw.co.uk>www.whataboutlaw.co.uk> Title Copyright Foreword Preface Acknowledgements Contents List of Contributors 1 Introduction to Law Catherine Barnard, Graham Virgo and Janet O’Sullivan STARTING TO THINK ABOUT LAW THE TOOLS LEGAL METHOD INTERPRETATION IMAGINATION GENERALISATION POLICY UNDERPINNING THE RULE ONE FINAL EXAMPLE CONCLUSIONS 2 Criminal Law Graham Virgo THE ELEMENTS OF A CRIME THE REASONS FOR PUNISHMENT REASONS FOR CHARACTERISING CONDUCT AS CRIMINAL FACTS OF BROWN THE KEY OFFENCES THE ISSUE IN BROWN APPLICATION OF THE DECISION THE DISSENTING JUDGES THEORY: AUTONOMY VERSUS WELFARE SUBSEQUENT EVENTS: MOTIVE AND RISK HUMAN RIGHTS LAW REFORM CONCLUSIONS 3 Law of Contract Janet O’Sullivan INTRODUCTION SOME CRUCIAL IDEAS ABOUT CONTRACTUAL REMEDIES THE CASE THE HOUSE OF LORDS DECISION IN MORE DETAIL WHAT HAS HAPPENED SINCE RUXLEY? WHAT IF THE BUILDER HAD SAVED MONEY BY BREACHING THE CONTRACT? CONCLUSION 4 Tort Tony Weir THE MOST FAMOUS TORT CASE THE ‘DUTY’ QUESTION THE KIND OF HARM DAMAGE AND LOSS RECOVERY FOR PURE FINANCIAL HARM APPLICATION IN McFARLANE FAIR, JUST AND REASONABLE THE REASONS GIVEN IN McFARLANE THE SPEECH OF LORD STEYN DISTRIBUTIVE JUSTICE PSYCHIATRIC HARM EFFECT ON THIRD PARTIES TORT AS DETERRENCE DETERRENCE AND COMPENSATION TWO RECENT CASES STATUTES AND JUDGE-MADE LAW THE EFFECT OF McFARLANE DAMAGE AND THE INVASION OF RIGHTS THE UNWANTED BABY ABROAD CONCLUSION 5 Land Law Kevin Gray INTRODUCTION THE PROBLEM OF PROPERTY THE CASE (CHHOKAR v CHHOKAR) CONCLUSION 6 Equity Graham Virgo WHAT IS EQUITY? THE CONTRIBUTION OF EQUITY TYPES OF TRUST THE FACTS OF FOSKETT v McKEOWN THE POSSIBLE SOLUTIONS IDENTIFICATION AND APPLICATION OF RULES AND PRINCIPLES CONCLUSIONS 7 Constitutional Law Mark Elliott INTRODUCTION CONSTITUTIONS BRITAIN’S CONSTITUTIONAL ARCHITECTURE THE ROLE OF THE COURTS THE COURTS’ ROLE: BROADER CONSIDERATIONS SOME CONCLUSIONS 8 European Union Law Catherine Barnard INTRODUCTION THE DISPUTE INTRODUCTION TO KEY PRINCIPLES OF EUROPEAN UNION LAW THE COURT OF JUSTICE’S DECISION THE IMMEDIATE CONSEQUENCES OF THE BOSMAN RULING THE LONGER-TERM CONSEQUENCES OF BOSMAN: THE DEVELOPMENT OF UNION CITIZENSHIP CONCLUSIONS 9 Conclusions: Drawing Some Threads Together Janet O’Sullivan, Catherine Barnard and Graham Virgo Epilogue Index