Mr Justice McCardie (1869-1933)

Mr Justice McCardie (1869-1933) PDF

Author: Antony Lentin

Publisher: Cambridge Scholars Publishing

Published: 2017-03-07

Total Pages: 205

ISBN-13: 1443878642

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According to the Law Journal in 1932, ‘No present-day figure on the Bench is of greater interest than Mr Justice McCardie’. A High Court Judge from 1916 to 1933, no twentieth-century judge was more conspicuous or controversial. To his critics, he was a ‘rogue judge’ whose headline-hitting pronouncements often angered his fellow judges, called down the ire of the Churches, provoked calls in Parliament for his removal and earned a public rebuke from the Prime Minister. To his admirers, he was ‘a Crusader on the Bench’, a pioneer who denounced outdated laws, strove to make the law meet the needs of modern society and boldly championed women’s causes, birth control and abortion. The Law Quarterly Review described him as ‘one of the most interesting men in the history of the English Bench.’

Construction Law, Costs and Contemporary Developments: Drawing the Threads Together

Construction Law, Costs and Contemporary Developments: Drawing the Threads Together PDF

Author: Julian Bailey

Publisher: Bloomsbury Publishing

Published: 2018-11-15

Total Pages: 368

ISBN-13: 1509919961

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Lord Justice Jackson's retirement in March 2018 concluded a career of almost 20 years on the bench. His judicial career has seen a remarkable transformation of construction law, construction law litigation and the litigation landscape more generally. Drawing the Threads Together is a Festschrift which considers many of the important developments in these areas during the Jackson era. The Festschrift discusses most of the leading construction cases decided by Lord Justice Jackson, with subject matter including statutory adjudication, fitness for purpose obligations, consideration, delays and extensions of time, liquidated damages, time bar provisions, the prevention principle, neighbour rights, limitation clauses, negligence, good faith, bonds and guarantees and concurrent duties of care. It also includes a discussion of the background to the Jackson Review of Civil Litigation Costs (2009–2010) and its impact on litigation, as well as considering the development of the Technology and Construction Court during and subsequent to Mr Justice Jackson's tenure as judge in charge of that court.

Tracings of Gerald Le Dain's Life in the Law

Tracings of Gerald Le Dain's Life in the Law PDF

Author: G. Blaine Baker

Publisher: McGill-Queen's Press - MQUP

Published: 2019-05-30

Total Pages: 452

ISBN-13: 0773556192

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Gerald Le Dain (1924–2007) was appointed to the Supreme Court of Canada in 1984. This collectively written biography traces fifty years of his steady, creative, and conciliatory involvement with military service, the legal academy, legislative reform, university administration, and judicial decision-making. This book assembles contributions from the in-house historian of the law firm where Le Dain first practised, from students and colleagues in the law schools where he taught, from a research associate in his Commission of Inquiry into the non-medical use of drugs, from two of his successors on the Federal Court of Appeal, and from three judicial clerks to Le Dain at the Supreme Court of Canada. Also reproduced here is a transcript of a recent CBC documentary about his 1988 forced resignation from the Supreme Court following a short-term depressive illness, with commentary from Le Dain’s family and co-workers. Gerald Le Dain was a tireless worker and a highly respected judge. In a series of essays that cover the different periods and dimensions of his career, Tracings of Gerald Le Dain’s Life in the Law is an important and compassionate account of one man's commitment to the law in Canada. Contributors include Harry W. Arthurs, G. Blaine Baker, Bonnie Brown, Rosemary Cairns-Way, John M. Evans, Melvyn Green, Bernard J. Hibbitts, Peter W. Hogg, Richard A. Janda, C. Ian Kyer, Andree Lajoie, Gerald E. Le Dain, Allen M. Linden, Roderick A. Macdonald, Louise Rolland, and Stephen A. Scott.

Amritsar 1919

Amritsar 1919 PDF

Author: Kim A. Wagner

Publisher: Yale University Press

Published: 2019-01-01

Total Pages: 373

ISBN-13: 0300200358

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A powerful reassessment of a seminal moment in the history of India and the British Empire--the Amritsar Massacre--to mark its 100th anniversary The Amritsar Massacre of 1919 was a seminal moment in the history of the British Empire, yet it remains poorly understood. In this dramatic account, Kim A. Wagner details the perspectives of ordinary people and argues that General Dyer's order to open fire at Jallianwalla Bagh was an act of fear. Situating the massacre within the "deep" context of British colonial mentality and the local dynamics of Indian nationalism, Wagner provides a genuinely nuanced approach to the bloody history of the British Empire.

Sex and Violence in 1920s Scotland

Sex and Violence in 1920s Scotland PDF

Author: Louise Heren

Publisher: Bloomsbury Publishing

Published: 2023-10-05

Total Pages: 273

ISBN-13: 135022779X

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Using case records of prosecutions at the Scottish High Court of Justiciary between 1918 and 1930, this book takes a quantitative and qualitative approach to understand sexual violence in Scotland at this time. Analysing legal records alongside victim and witness testimonies, Louise Heren analyses who committed sexual violence against whom, where and how and, to an extent, looks to uncover the victims' voice. Assessing how the courts responded, Sex and Violence in 1920s Scotland reveals that, despite pejorative views of working-class female behaviour, the successful conversion of prosecutions to convictions was greater than what is seen in modern sexual assault cases. In a society adjusting to post-conflict stresses, there were fears expressed in middle-class circles that those most affected by the First World War might react with violence. However, the High Court archives suggest otherwise. Cases of incest, rape and sexual assault appears to have been endemic, an opportunistic crime against older victims yet often pre-meditated against the youngest; selfish crimes that suggest toxic masculinity among some working-class men. The book concludes with the ultimate question: why did these men perpetrate sexual violence?

Contesting Medical Confidentiality

Contesting Medical Confidentiality PDF

Author: Andreas-Holger Maehle

Publisher: University of Chicago Press

Published: 2016-10-18

Total Pages: 172

ISBN-13: 022640482X

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This book, for the first time, offers a comparative study of the origins of professional and public debates on medical confidentiality in the US, Britain, and Germany during the late nineteenth and early twentieth centuries. In this period traditional medical secrecy began to be seriously contested by demands for disclosure in the name of public health and the law. Andreas-Holger Maehle examines three representative debates: Do physicians and surgeons have a privilege to refuse to give evidence in court about confidential patient details? Can doctors breach patient confidence in order to prevent the spread of disease? And is there a medical duty to report illegal procedures to the authorities? The comparative approach reveals significant differences and similarities among the three countries concerned, and the book s historical perspective illuminates the fundamental ethical issues at stake that continue to give rise to public debate."

The Official History of Criminal Justice in England and Wales

The Official History of Criminal Justice in England and Wales PDF

Author: Paul Rock

Publisher: Routledge

Published: 2019-04-23

Total Pages: 530

ISBN-13: 0429892217

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Volume I of The Official History of Criminal Justice in England and Wales frames what was known about crime and criminal justice in the 1960s, before describing the liberalising legislation of the decade. Commissioned by the Cabinet Office and using interviews, British Government records, and papers housed in private, and institutional collections, this is the first of a collaboratively written series of official histories that analyse the evolution of criminal justice between 1959 and 1997. It opens with an account of the inception of the series, before describing what was known about crime and criminal justice at the time. It then outlines the genesis of three key criminal justice Acts that not only redefined the relations between the State and citizen, but also shaped what some believed to be the spirit of the age: the abolition of capital punishment, and the reform of the laws on abortion, and homosexuality. The Acts were taken to be so contentious morally and politically that Governments of different stripes were hesitant about promoting them formally. The onus was instead passed to backbenchers, who were supported by interlocking groups of reformers, with a pooled knowledge about how to effectively organise a rhetoric that drew on the language of utilitarianism, and the clarity and authority of a Church of England. This came to play an increasingly consequential and largely unacknowledged part in resolving what were often confusing moral questions. This book will be of much interest to students of criminology and British history, politics and law.

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