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3 kirjaa tekijältä A. W. Brian Simpson

In the Highest Degree Odious

In the Highest Degree Odious

A. W. Brian Simpson

Clarendon Press
1994
nidottu
During the Second World War, just under two thousand British citizens were detained without charge, trial, or term set, under Regulation 18B of the wartime Defence Regulations. Most of these detentions took place in the summer of 1940, soon after Winston Churchill became Prime Minister, when belief in the existence of a dangerous Fifth Column was widespread. Churchill, at first an enthusiast for vigorous use of the powers of executive detention, later came to lament the use of a power which was, in his words, `in the highest degree odious'. This book provides the first comprehensive study of Regulation 18B and its precursor in the First World War, Regulation 14B. Based on extensive use of primary sources, it describes the complex history of wartime executive detention: the purposes which it served, the administrative procedures and safeguards employed, the conflicts between the Home Office and the Security Service which surrounded its use, the part played by individuals, by Parliament, and by the courts in restraining abuse of executive power, and the effect of detention upon the lives of individuals concerned, very few of whom constituted any threat to national security. Much of what was done was kept secret at the time, and even today the authorities continue to refuse access to many of the papers which have escaped deliberate destruction. This study is the first to attempt to penetrate the veil of secrecy and tell the story of the gravest invasion of civil liberty which has occurred in Britain this century.
Leading Cases in the Common Law

Leading Cases in the Common Law

A. W. Brian Simpson

Clarendon Press
1996
nidottu
This book offers a collection of essays by arguably the most popular legal historian writing today. Most of the essays have not been previously published, and those which have appeared previously have been re-written to make the collection read more coherently. The collection is centred upon the theme of the leading case - a case where the judgment has established a long-lasting or far reaching precedent in common law, and the author has selected a number of these cases in order to illustrate how the precedents established by the cases have little or nothing to do with the trials themselves.
Reflections on 'The Concept of Law'

Reflections on 'The Concept of Law'

A. W. Brian Simpson

Oxford University Press
2011
sidottu
HLA Hart's The Concept of Law is one of the most influential works of philosophy of the twentieth century, redefining the field of legal philosophy and introducing generations of students to philosophical reflection on the nature of law. Since its publication in 1961 an industry of academic research and debate has grown up around the book, disputing, refining, and developing Hart's work. Under the sheer volume of competing interpretations of the book the original contexts - cultural and intellectual - that shaped Hart's project can be obscured. In this book, renowned legal historian AWB Simpson attempts to sweep aside the volumes of academic criticism and return to 'Troy I', revealing the world of post-war Oxford that produced Hart and his famous book. Drawing on his personal experience of studying and teaching in Oxford at the time Hart developed The Concept of Law, Simpson recreates with characteristic wit the social and intellectual culture of Oxford philosophy and the law faculty in the 1950s. He traces Hart's early work and influences, within and outside Oxford, showing how Hart developed his picture of philosophy and its potential for enriching the understanding of law. He also lays bare the painful shortcomings of post-war Oxford academia, depicting a world of eccentric dons and intellectual Cyclopses - isolated and closed to broad, interdisciplinary exchange - arguing that Hart did not escape from the limitations of his intellectual world. Simpson's entertaining, and controversial, account of the world that produced The Concept of Law will be essential reading for all those engaged in interpreting and teaching the seminal book, and an engaging read for anyone interested in the history of Oxford philosophy and legal education.