| Description |
ix, 197 pages ; 25 cm |
| Contents |
Contents note continued: 7.Trials and Tribulations -- Lengthy hearings -- Clock-watchers -- Circuits -- Turning up (or failing to) -- Robes -- 8.Cut, Thrust and Contempt -- Cut and thrust -- Judicial insults -- "Courageous" barristers -- A smattering of contempts -- 9.Appeal Courts -- Multiple functions -- Colonial Governors' Courts of Appeal -- Appealing from Caesar to Caesar -- Reasons in an appellate court -- 10.How Judges Write and Reason -- Long, short, quick and slow -- Opening remarks -- Inadequacy of reasons -- Brutality, passion and hyperbole -- 11.Getting Technical -- Finer points of law -- Drawing lines and dodging logic -- Maxims and Latinisms -- Legal fictions -- pt. 4 Guarding Patches -- 12.Hierarchies and Precedents -- Duty to follow precedent -- Tension between the tiers -- Riverine, nautical and botanical metaphors -- Absence of precedent -- 13.The Rule of Law: Courts and the Executive -- The rule of law -- The Rum Rebellion -- |
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Contents note continued: The Victorian Government defies its Supreme Court in 1865 -- Sir Henry Parkes defies the Supreme Court of New South Wales in 1888 -- Governments pushing judges to the limit -- The Tait saga -- Threats to the rule of law from others, notably judges -- pt. 5 Public and Private Wrongs -- 14.Exclusionary Conduct: Colourful Aspects of Constitutional Law -- Attempts to exclude interstate trade, commerce and intercourse -- Attempts to exclude non-European immigration -- Attempts to exclude Egon Kisch, Communists and other European "undesirables" -- Attempts to exclude interstate lawyers and litigants -- Attempts to exclude refugees and boat people -- 15.Torts: Injuries to Body or Reputation -- Negligence claims -- Defamation |
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Machine generated contents note: pt. 1 Men and Women -- 1.Women (and Men) in the Law -- Legal disabilities of women and the struggle to overcome them -- "One flesh" in marriage -- Women and juries -- Valuing a woman's marriage prospects -- 2.Matters Matrimonial -- Getting married -- Getting out of marriage legally: void and voidable marriages -- "Getting out" by other means such as wife sale and bigamy -- Dissolution of marriage -- 3.A Little Chapter about Sex -- Changing attitudes since the 1960s -- Lovers who fall out -- The language of sex -- Sexy Chief Justices -- pt. 2 Essentials of Life -- 4.Food and Drink -- Rich pickings for lawyers -- Cannibalism -- Slip and fall -- Intoxicating drink -- Food lines -- 5.Death and Taxes -- Death -- Will disputes -- Family provision claims -- Taxes -- pt. 3 Law's Ways and Means -- 6.Statutes and Their Makers -- Supremacy of Parliament -- Parliamentarians -- Construing statutes -- Difficult provisions -- Judicial anger about statutes -- |
| Summary |
Old Law, New Law follows the author's Lawyers Then and Now in offering a miscellany of genuine legal stories drawn from Australian legal history as well as its modern law. If there is any change of focus, this work looks at the people of the law through the prism of established or changing legal doctrines and processes.The chapter headings will show that quirky humanity intrudes into the most doctrinaire of fields (such as statutory interpretation and tort law) and that law intrudes into every facet of human life (including food, drink and sex). As in the former work, there is much comparing of attitudes past and present, while observing the underlying constancy of human values and biases within every corner of the law. Readers will discover: the constitutional distinction between financial and moral bankruptcy the New South Wales judge who responded to a submission on behalf of the Queensland Commissioner for Railways by stating "You don't think we are going to let you banana-benders get away with that, do you?"Chief Justices who entered dodgy marriages, committed contempts of court or were described as "sexy" by litigants they encountered judges who upheld appeals from their own judgments strange aspects of matrimonial law and lore, including "wife sales" and strange outcomes of the biblical "one flesh" conceptsome (rare) sightings of appellate judges abusing each otherseveral instances of cannibalism and the law |
| Analysis |
Australian |
| Notes |
Formerly CIP. Uk |
| Bibliography |
Includes bibliographical references and index |
| Subject |
Attorney and client -- Australia -- Anecdotes.
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Judges -- Australia -- Anecdotes.
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Law -- History.
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Lawyers -- Australia -- Anecdotes.
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Law -- Australia -- History -- Anecdotes.
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Lawyers -- Australia -- History.
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| Genre/Form |
Anecdotes.
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| Author |
Mason, Keith.
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| LC no. |
2014456996 |
| ISBN |
9781862879751 |
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