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Human Rights and Legal History: Essays in Honour of Brian Simpson

Edited by: Katherine O'Donovan , G.R. Rubin

ISBN13: 9780198264965
ISBN: 0198264968
Published: October 2000
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £137.50



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This text brings together essays on themes of human rights and legal history, reflecting the long and distinguished career as academic writer and human rights activist of Brian Simpson. Written by colleagues and friends in the United States and Britain, the essays are intended to reflect Simpson's own legal interests.;The collection opens with a biography of Simpson's academic life which notes his major contribution to legal thought, and closes with an account of his career in the United States and a bibliography of his writings. As a tribute to Simpson's varied interests in the law, the collection is grouped around themes in human rights, legal philosophy, and legal history. The human rights papers are concerned with the history of the right of individual petition to the European Court of Human Rights, and recent successes in which Brian Simpson played a part; the evolution of a transnational common law of human rights; the United Nations Convention on the Rights of the Child and the interpretation of the provisions on identity in France and England; the suspension of human rights which would have occurred, had the emergency War Zone Courts scheme been brought into effect during wartime; historical resistance to colonial laws in Papua New Guinea; and the ratio decidendi of the story of the Prodigal Son.;This book is intended for scholars and students teaching and studying Human Rights, Legal History, Common Law, Legal Philosophy and practitioners working in the field of Human Rights.

Subjects:
Human Rights and Civil Liberties
Contents:
1. Introduction;
2: Nuala Mole: International law, the Individual and A. W. Brian Simpson's Contribution to the Defence of Human Rights
3: Christopher McCrudden: A Common Law of Human Rights? Transnational Judicial Conversations on Constitutional Rights
4: Katherine O'Donovan: Abandoned Babies, Anonymous Mothers, and Children's Identity Rights
5: Gerry R. Rubin: In the Highest Degree Ominous: Hitler's Threatened Invasion, the United Kingdom Parliament, and War Zone Courts in Britain, 1940-1945
6: Peter Fitzpatrick: Tears of the Law: Colonial Resistance and Legal Determination
7: William Twining: The Ratio Decidendi of the Case of the Prodigal Son
8: Gareth Jones: Three Very Remarkable Nineteenth-Century Lawyers
9: Joshua Getzler: The Fate of the Civil Jury in Late Victorian England: Malicious Prosecution as a Test Case
10: James Oldham: Reconsidering the Seventh Amendment Right to Jury Trial in Light of English Trial Practice of the Late Eighteenth Century
11: W. R. Cornish: The Author's Surrogate
12: J. H. Baker: Judicial Conservatism in the Tudor Common Pleas
13: R. H. Helmholz: Brian Simpson in the United States
14: Jules Winterton: A. W. B. Simpson.