Jackson's Machinery of Justice by J. R. Spencer

By J. R. Spencer

First released in 1940, R.M. Jackson's equipment of Justice in England lengthy has been proven because the vintage textual content at the topic, unprecedented in its lucidity, breadth of therapy, and significant engagement with the problems concerned. For this 8th version, J.R. Spencer has undertaken another full-scale revision, incorporating such significant fresh options because the Police and legal facts Act of 1984 and the Prosecution of Offences Act of 1985.

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Of course, die primary duty of a judge is to dispose of die case before him, and to do diis he proceeds upon die supposition diat the audioritative legal sources enable him to state die law. In most cases this is true, but when new points arise, diat supposition becomes a fiction. In dieory die judge dien deduces some rule from die accepted material; in reality he consciously or unconsciously invents a rule diat appears to be not inconsistent widi accepted doctrine and announces diat diat is die law of England, dius implying diat die judges merely declare die law and do not make it.

4 The customary divisions of the law, such as the law of contract, tort and property, are thought of as subdivisions of civil law, although it is obvious diat much of the criminal law exists for the protection of property. Constitutional law, as generally understood, is partly civil, partly criminal, and partly not law at all as far as the courts are concerned. The division into civil and criminal is vital for an appreciation of die working of die courts, but it cannot form the basis of all classifications of law.

Probate work was closely connected with some matters within the jurisdiction of the Chancery Division and the same argument applied here too. A rearrangement of the Divisions was therefore proposed in 1933,2 but it took thirty-seven years and a great deal of discussion3 before this came about. In 1971 the Probate Divorce and Admiralty 1 The ecclesiastical courts originally dealt with probate and divorce, to which they applied canon law, which owes much to Roman law. The Admiralty Court, which formerly dealt with nautical matters, applied a general European maritime law which had a Roman law basis.

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