Law and modern societyPDF电子书下载

1 Law in the Courts 1

Courts and the legal system 1

The superior courts 6

Juries 20

The lower courts 24

The legal profession 28

Courts as decision-making bodies 32

Due process of law 39

Two peculiarities of the English judicial system 43

2 Law outside the courts 48

Legal institutions 48

Law and the physical world 50

Persuasion and compulsion in the observance of law 53

The law and the constitution 58

The Common Market 61

The rule of law 64

Law in theory and law in practice 68

3 The purposes of law 72

Does law have any purposes？ 72

Law as an instrument of policy 80

Economic goals 84

A bias in favour of traditional values？ 86

General rules and particular decisions 89

4 The legitimacy of law 97

Does legitimacy matter？ 97

The positivist tradition 100

Positivism and the constitution 105

A Bill of Rights？ 108

The rejection of legitimacy 112

5 The making of law 114

The changing law 114

Legislation 121

Delegated legislation 129

Judicial law-making 130

The doctrine of precedent 134

Bad law 138

6 Conclusions 146

Further Reading 150

Index 157