Description: Common Law, Equity and Statute by Mark Leeming This strikingly original book explains how the Australian legal system is structured, and how that structure informs the way novel questions of law are argued and decided.One of this books themes is that, in the minority of litigation which involves the determination of a question of law, it often makes sense to regard the legal system as an entangled product of statute and judge-made law, within which common law and equity are separate components. Another is that the actual workings of the legal system are far more complex than appears in most accounts, and within that complexity lies the scope for principled development. A third is that an appreciation of legal history will almost always assist in the resolution of novel questions of law, mostly by lightening the weight of precedent.The book analyses what is meant by the "common law of Australia", what is the relationship between judge-made law and statutes, and how courts resolve novel questions of law. It explains why some questions are best regarded as aspects of the common law, why others are best regarded as questions of statutory construction, why some are difficult to characterise, and why this matters. It also explains why equity continues to be a distinct component of judge-made law, with a different relationship with statute. And it gives a nuanced account of precedent and the role of authority from different jurisdictions. The ideas in some of the chapters are illustrated by dialogues between a teacher and students, replicating a once common form of legal literature, including St Germains Doctor and Student, published half a millennium ago. FORMAT Hardcover CONDITION Brand New Details ISBN1760024570 Publisher Federation Press Format Hardcover Author Mark Leeming Year 2023 ISBN-13 9781760024574 Imprint Federation Press Subtitle A Complex Entangled System Place of Publication Annandale, NSW Country of Publication Australia NZ Release Date 2023-06-27 Pages 352 Publication Date 2023-06-21 Audience General AU Release Date 2023-06-21 We've got this At The Nile, if you're looking for it, we've got it. With fast shipping, low prices, friendly service and well over a million items - you're bound to find what you want, at a price you'll love! TheNile_Item_ID:142208343;
Price: 176.12 AUD
Location: Melbourne
End Time: 2025-02-01T06:46:51.000Z
Shipping Cost: 12.86 AUD
Product Images
Item Specifics
Restocking fee: No
Return shipping will be paid by: Buyer
Returns Accepted: Returns Accepted
Item must be returned within: 30 Days
Format: Hardcover
ISBN-13: 9781760024574
Author: Mark Leeming
Type: Does not apply
Book Title: Common Law, Equity and Statute
Language: Does not apply
