Law and justice in Australia : foundations of the legal system

Law and Justice in Australia takes a historical, critical and contextual approach to law and justice and offers students a mix of stories, cases, article extracts and explanatory commentary. This together with the author's narrative writing style encourages students to develop an in-depth understanding of the legal system and creates a solid basis for further studies in law. Contents Table of Cases Table of Statutes Preface Acknowledgments Timeline of Events in this Book PART 1 Australia's Legal System in Focus 1 The Distinctiveness of Australian Law Introduction English or Australian law? A snapshot of the current Australian legal system The distinctiveness of Australian law The art of reading cases The themes of this book 2 The Place of Australia in Global Law Introduction Legal systems Legal traditions International law Private international law PART 2 The English Heritage 3 The Royal Courts and the Development of the Common Law Introduction The effect of the Norman Conquest Royal justice The royal justice system Major divisions of Anglo-Australian law: The rise of equity and the civil/criminal distinction 4 Lawyers and the Early Development of the Doctrine of Precedent Introduction The forms of action The rise of the legal profession and the doctrine of precedent Law reporting The need for law reform Women lawyers? 5 The Idea of the Law in the Civil War and the Glorious Revolution Introduction The king and common law Parliament and common law King, parliament and common law Parliament and the Civil War The Restoration and the Glorious Revolution PART 3 The Impact of the English Heritage 6 The Impact on the Indigenous Inhabitants Introduction Terra nullius? Colonial attitudes Social justice and the legacies of 1788 Removing children: The stolen generations The ?Intervention? 7 Britain and the Colonists: Using the Heritage Introduction Who came to the colony? The early legal system The fight for trial by jury The governor?s powers and the evolution of an independent court The governor?s powers and the fight for representation Reception of English law Which laws were received and which apply today? PART 4 Moving towards Independence 8 The Nature and Scope of Parliamentary Democracy in the States Introduction The constitutional framework of the states and the relationship with Britain Moving towards independence 9 Federation as the Will of the People Introduction Moving towards Federation The right to vote in Australia The Federal Constitution Federalism in action 10 Independent Attitudes, Race and Justice Introduction Race and justice Native title after Mabo PART 5 Drawing on the Heritage: Legal Institutions in Action 11 Classifying Australian Law Introduction Traditional classification Adversarial versus inquisitorial classification The public/private law distinction The modern distinction between law and equity 12 The Courts in Action Introduction Jurisdiction Travelling through the court hierarchy Adversarialism and the court experience: Equity and access 13 The Doctrine of Precedent Introduction The classic formulation What is binding? The hierarchy of authority Precedent and change Theories about precedent and law Using legal argument So what does restrain judges from arbitrary decision-making? 14 The Doctrine of Precedent in Action Introduction Forms of action to causes of action Challenging the dominance of contract: The rise of the tort of negligence Conclusion: The dynamism of the doctrine of precedent 15 Interpreting Statutes Introduction Parliament in action: How a bill goes through parliament Classification of statutes Structure of an Act The relationship between common law and statute The traditional rules of interpretation The modern approach 16 The Modern Lawyer Introduction The colonial profession The legal profession into the twentieth century and beyond The lawyer today Meeting the challenges What will the future bring for lawyers? 17 Conclusion: The Importance of Law Index Law and Justice in Australia takes a historical, critical and contextual approach to law and justice and offers students a mix of stories, cases, article extracts and explanatory commentary. Author Vines from Univ of NSW