Judge and Jurist
Essays in Memory of Lord Rodger of Earlsferry
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Product details:
- Publisher OUP Oxford
- Date of Publication 20 June 2013
- ISBN 9780199677344
- Binding Hardback
- No. of pages748 pages
- Size 237x162x47 mm
- Weight 1270 g
- Language English 0
Categories
Short description:
Collecting together 47 essays from colleagues and friends of Lord Rodger of Earlsferry, this book commemorates his work and contribution to law and legal scholarship, including his role as a judge of the UK Supreme Court and his interests in Roman law, Scots law, and legal history.
MoreLong description:
Lord Rodger of Earlsferry was a distinguished judge and scholar. He was a Justice of the Supreme Court of the United Kingdom and the author of many high quality law journal articles and two books. Written in memory of Lord Rodger, this collection contains 47 essays by Lord Rodger's friends and colleagues from the UK and Europe. The essays reflect Lord Rodger's role as a leading judge and also his wide-ranging academic interests including Roman law, Scots law and legal history, and a miscellany of other topics.
The authors in this volume are leading academics or judges, and a particularly notable feature is the nine essays written by Supreme Court justices. As the highest judges in the UK they provide a unique insight into the work of the Supreme Court, as well as Lord Rodger's work in the Court. The book also includes the memorial tributes to Lord Rodger which explain his remarkable legal career, including his roles as Lord Advocate (Senior Law Officer of Scotland) Lord President of the Court of Session, Lord of Appeal in Ordinary and, finally, Justice of the UK Supreme Court. The essays include personal reminiscences of Lord Rodger, helping the reader to understand why he was so highly regarded and why his untimely death has dealt such a devastating blow to law in the UK.
The essays are rich with history, rewarding the reader with a wealth of knowledge and hopefully with a crisper understanding of some of the generalities and nuances of Roman Law... The editors, authors and publishers, at Oxford University Press, are to be commended on the compilation of such a fitting and inspiring tribute to a man whose immense contributions to the development of the very fabric of our legal system will, undoubtedly, outlast us all.
Table of Contents:
Part I: Tributes to Lord Rodger
Alan Ferguson Rodger: A Tribute given at the Memorial Service held in St Giles' Cathedral, Edinburgh on 25 November 2011
Alan Ferguson Rodger: A Tribute given at the Memorial Service held in St Giles' Cathedral, Edinburgh on 25 November 2011
Alan Ferguson Rodger: A Tribute given at the Memorial Service held in the University Church of St Mary the Virgin, Oxford on 11 February 2012
Lord Rodger: An Italian Tribute
Part II: Lord Rodger in the House of Lords and Supreme Court
Dissenting Judgments
Some Reflections on Lord Rodger's Contribution to the Development of the Common Law
Lord Rodger's Mental Health Law
Fairchild and After
Lord Rodger's Notebooks
Foreign Laws and Languages
The View from Behind the Bench: The Role of Judicial Assistants in the UK Supreme Court
'Strasbourg Has Spoken'
The Form and Language of Lord Rodger's Judgments
Lord Rodger and Statute Law
Part III: Roman Law and Roman Legal History
Fama and infamia in the Roman Legal System: The Cases of Afrania and Lucretia
Damaging a Slave
The Dating of the lex Aquilia
Lenel's Palingenesia: Two Footnotes to Rodger
'Grappling with the Difficult Subjects with which the Roman Lawyers Liked to Grapple'
Agree to Disagree: Local Jurisdiction in the lex Irnitana
Lawmaking in Times of Disorder
Borrowed Plumes and Robbed Freedmen: Some Aspects of Plagiarism in Roman Antiquity
Pits and Pruners: Culpa and Social Practice in Digest 9.2
An Inheritance Lost and a Fraudulent Slave
Lenel and Daube: A Cross-Channel Friendship
Some Thoughts on the formulae ficticiae of Citizenship in Gaius 4.37: A Form of Reception?
Jurisdiction in Urso
'Unworthiness' in the Roman Law of Succession
Part IV: Scots Law and Scottish Legal History
Words and Concepts: Trust and Patrimony
Freeing from Slavery in Eighteenth-Century Scotland
Lawyer for All Time
Lord Rodger and the Criminal Law
The Enrichment Claim of the mala fide Improver of Another's Property
Thinking about some Scots Law: Lord Rodger and Unjustified Enrichment
Communis error facit ius
Objectivity and Subjectivity in Contract Interpretation
Ae Fond Kiss: A Private Matter?
Embalmed in Rettie: The City of Glasgow Bank and the Liability of Trustees
Some Thoughts on the Nature of Liability for Negligence in Scots Law
Part V: New Perspectives on Recurring Themes
Legal Academics: Forgotten Players or Interlopers?
Common Law Retrospectivity
Faith, Trust, and Charity
Al-Skeini and the Extra-Territorial Application of the European Convention on Human Rights
Trees and Neighbours
Performance of an Obligation by a Third Party
The Courts, the Church, and the Constitution Revisited
Legislating in Vain
