Common law, equity and statute : a complex entangled system / Mark Leeming
- Bib ID:
- 10002767
- Format:
- Book
- Author:
- Leeming, Mark, author
- Description:
-
- Alexandria, N.S.W. : The Federation Press, 2023
- xxix, 317 pages ; 25 cm
- ISBN:
- 9781760024574 (hardback)
- Summary:
-
"This strikingly original book explains how the Australian legal system is structured, and how that structure informs the way novel questions of law are argued and decided. The book analyses what is meant by the "common law of Australia", what is the relationship between judge-made law and statutes, and how courts resolve novel questions of law. It explains why some questions are best regarded as aspects of the common law, why others are best regarded as questions of statutory construction, why some are difficult to characterise, and why this matters. It also explains why equity continues to be a distinct component of judge-made law, with a different relationship with statute." -- Publisher's summary.
- Full contents:
-
- Opening dialogue
- 1. Introduction
- 2. Understanding "common law" and "equity"
- 3. The variety of statutes
- 4. The entangled complexity of statute law and judge-made law
- 5. Five judicature fallacies
- 6. Equity and the judicature legislation
- 7. Equity's continuing distinctiveness after the judicature legislation
- 8. "There is but one common law of Australia": fact or fallacy?
- 9. The structure of judge-made law in Australia
- 10. Consequences of the structure of judge-made law in Australia
- Epilogue
- Continuing dialogue.
- Notes:
- Includes bibliographical references and index.
- Subject:
- Copyright:
-
In Copyright
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Copyright status was determined using the following information:
- Material type:
- Literary, dramatic or musical work
- Published status:
- Published
- Publication date:
- 2023
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