Ny Kolo) ) 0) 50) uae). eae WHAT ABOUT LAW? Sala Ice CANALES OLE Catherine Barnard, Janet foycriitnen and Graham Virgo Spee SRContents Foreword Preface Acknowledgements List of Contributors 1 Introduction to Law Catherine Barnard, Graham Virgo and Janet O Sullivan STARTING TO THINK ABOUT LAW THE TOOLS LEGAL METHOD INTERPRETATION IMAGINATION GENERALISATION POLICY UNDERPINNING THE RULE ONE FINAL EXAMPLE CONCLUSIONS 2 Criminal Law Graham Virgo THE ELEMENTS OF A CRIME THE REASONS FOR PUNISHMENT REASONS FOR CHARACTERISING CONDUCT AS CRIMINAL FACTS OF BROWN THE KEY OFFENCES THE ISSUE IN BROWN APPLICATION OF THE DECISION THE DISSENTING JUDGES THEORY: AUTONOMY VERSUS WELFARE SUBSEQUENT EVENTS: MOTIVE AND RISK. vi viii xiii wee wre BSeas uae & 40 40 2 46 49 30 31x Contents HUMAN RIGHTS LAW REFORM CONCLUSIONS, Law of Contract Janet O'Sullivan INTRODUCTION SOME CRUCIAL IDEAS ABOUT CONTRACTUAL REMEDIES THE CASE THE HOUSE OF LORDS DECISION IN MORE DETAIL WHAT HAS HAPPENED SINCE RUXLEY? WHAT IF THE BUILDER HAD SAVED MONEY BY BREACHING THE CONTRACT? CONCLUSION Tort Tony Weir THE MOST FAMOUS TORT CASE THE ‘DUTY’ QUESTION THE KIND OF HARM DAMAGE AND LOSS RECOVERY FOR PURE FINANCIAL HARM APPLICATION IN McFARLANE FAIR, JUST AND REASONABLE THE REASONS GIVEN IN McFARLANE THE SPEECH OF LORD STEYN. DISTRIBUTIVE JUSTICE PSYCHIATRIC HARM EFFECT ON THIRD PARTIES TORT AS DETERRENCE DETERRENCE AND COMPENSATION TWO RECENT CASES STATUTES AND JUDGE-MADE LAW THE EFFECT OF McFARLANE DAMAGE AND THE INVASION OF RIGHTS THE UNWANTED BABY ABROAD CONCLUSION5 Land Law Kevin Gray INTRODUCTION THE PROBLEM OF PROPERTY THE CASE (CHHOKAR + CHHOKAR) CONCLUSION 6 Equity Graham Virgo WHAT IS EQUITY? THE CONTRIBUTION OF EQUITY TYPES OF TRUST THE FACTS OF FOSKETT » McKEOWN THE POSSIBLE SOLUTIONS IDENTIFICATION AND APPLICATION OF RULES AND PRINCIPLES CONCLUSIONS 7 Constitutional Law Mark Elliott INTRODUCTION CONSTITUTIONS BRITAIN’S CONSTITUTIONAL ARCHITECTURE THE ROLE OF THE COURTS, THE COURTS’ ROLE: BROADER CONSIDERATIONS. SOME CONCLUSIONS 8 European Union Law Catherine Barnard INTRODUCTION THE DISPUTE Contents xi 107 107 108 109 124 127 128 129 131 132 134 aS 149 149 153 156 165 174 177 181 181 183 INTRODUCTION TO KEY PRINCIPLES OF EUROPEAN UNION LAW THE COURT OF JUSTICE’S DECISION 183 191 THE IMMEDIATE CONSEQUENCES OF THE BOSMAN RULING = 199xii Contents THE LONGER-TERM CONSEQUENCES OF BOSMAN: ‘THE DEVELOPMENT OF UNION CITIZENSHIP CONCLUSIONS 9 Conclusions: Drawing Some Threads Together Janet O'Sullivan, Catherine Barnard and Graham Virgo Epilogue Index 202 205 209 227 229Most young people considering studying law, or pursuing a legal career, have very little idea of what learning law involves and Nearby sesh a oreie mona mcat Cela cmM Uomo tacts ome men book, which proved very popular when first published, provides a BE ae CMR Uh mae nae Roamer sarc cu eae ma Cha an academic subject, designed to help 17- and 18-year old students and others decide whether law is the right choice for them as a university subject, or, if they have already made the choice, what to eso aU RM SMC LMC Chae rac oa alo eae eee eay ‘what should I study at university?’ and counters the perception that law is a dry, dull subject. What About Law? shows how the study of law can be fun, intel- lectually stimulating, challenging and of direct relevance to students. Using a case study approach, the book introduces prospective law students to the legal system, as well as to legal reasoning, critical thinking and argument. This is a book that should be in the library of every school with a sixth form, every college and every university, vere BSC Radia unmcqarelalseletae tail seni mite hme web should read before commencing their legal studies. All of the authors have long experience in teaching law at Geer eed OLihCeetis ger Ro cat ota) Bi ewciesc ae nce esl in advising prospective law students at open days and admissions eo oxoate Rel eat acne ee ero CULM a Cece CCL ES Lee per image credif: Details of fresco wing a robbery in process, Coit ‘Tower, h Francisco, California, USA. perroeya coset -cloac est st if