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Jurisprudence and the Law

 Studies in European Legalism Introduction ~ The nature of Legalism ~ Roman law and the origins of European Legalism ~ legalism in public law  (Rome and the common law compared) ~Introductory comment ~ The Heroic period, the formation of Roman law, Late Republic, Early Principate ~ The classical period ~ consolidating the foundations ~ Roman law becomes regulatory, the transformation of legalism ~ The Corpus Iuris Civilis, the apex of Roman jurisprudence ~ The origins of legalism , comparison of Roman law and the common law  ~ Failure of Legalism in Roman law ~ ius publicum control of the executive power, comparison with the common law  ~ Chronology ~ Glossary ~

Roman law and its legacy to legalism
Custom and Roman Law in Medieval Europe ~ Codification and Roman law ~ The legacy of Roman Law and the common law.

Statutes and the autonomy of legalism ~ Codes ~ Statutes.

Reflections on the transformation of the common law and Aspects of the Adversarial approach to dispute settlement ~ Reflections on the state of the law, 1949 - 1989, a study of the transformation of the common law ~ Synopsis ~ Introduction ~ ~Consumer Protection, Product Liability and NegligenceEnvironmental protection ~ Public law ~ The criminal law ~ The matrimonial law ~ Why the common law system could not cope. 

Aspects of the adversarial approach to dispute settlement.

The rule of  law and the democratic principle and other essays
~ Synopsis ~ Some reflections on the rule of law and its interaction with the democratic principle ~Introduction ~ Historical development of the rule of law and the democratic principle in England ~The rise of Parliament and the Crown – the royal prerogative ~Statutes and ordinances –statutes and the common law ~Crown, Parliament and the common law at the end of the middle ages ~ The sixteenth and seventeenth centuries, Parliament, the divine right of Kings and the prerogative ~ The prerogative and Parliament ~ The revolution settlement, the Bill of Rights and the meaning of the supremacy of Parliament ~ The revolution settlement, the supremacy of parliament and their relation to the rule of law ~ The rise of the democratic principle ~ Summary—at the end of the English revolution ~ Protection of rights and its compatibility with the democratic principle, France and America ~ Protection of Rights and the judicial power, France, the separation of powers doctrine, Protection of rights in the United States, judicial review ~ The American Bill of Rights, judicial review, the problem of justiciability ~ Epilogue – recent history ~ Separatists and Levellers .

The History of the Bar and the rule of law.

The common law concept of a fair trial ~ The reign of law and the reign of terror – effect upon the fair trial in Elizabethan England.


The idea of criminal responsibility in the Western legal tradition
~ Synopsis ~ Criminal responsibility, definition of the concept ~ Responsibility in pre-state societies ~ The notion of proportionality ~ Stopping the feud, compensation ~ Increasing centralisation of authority ~ The idea of guilt ~ Culpability and early English law ~ Developments in English law before the nineteenth century ~ Criminal responsibility in the nineteenth and twentieth centuries ~ Criminal responsibility – developments in continental law ~ Criminal responsibility accepted ~ Difficulties in ascertaining and giving effect to criminal responsibility ~ Challenge to the idea of criminal responsibilty ~ Endnotes