Old law, new law : a second Australian legal miscellany / Keith Mason.
2014
KU53.4 .M37 2014 (Map It)
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Details
Author
Title
Old law, new law : a second Australian legal miscellany / Keith Mason.
Published
Annandale, NSW : The Federation Press, 2014.
Call Number
KU53.4 .M37 2014
ISBN
9781862879751
1862879753
1862879753
Description
ix, 197 pages ; 25 cm
System Control No.
(OCoLC)890971348
Bibliography, etc. Note
Includes bibliographical references (pages 175-176) and indexes.
Record Appears in
Table of Contents
Preface
ix
pt. 1
Men and Women
1.
Women (and Men) in the Law
3
Legal disabilities of women and the struggle to overcome them
3
"One flesh" in marriage
5
Women and juries
8
Valuing a woman's marriage prospects
9
2.
Matters Matrimonial
11
Getting married
11
Getting out of marriage legally: void and voidable marriages
12
"Getting out" by other means such as wife sale and bigamy
15
Dissolution of marriage
17
3.
A Little Chapter about Sex
21
Changing attitudes since the 1960s
21
Lovers who fall out
23
The language of sex
25
Sexy Chief Justices
26
pt. 2
Essentials of Life
4.
Food and Drink
31
Rich pickings for lawyers
31
Cannibalism
31
Slip and fall
34
Intoxicating drink
34
Food lines
35
5.
Death and Taxes
37
Death
37
Will disputes
38
Family provision claims
41
Taxes
43
pt. 3
Law's Ways and Means
6.
Statutes and Their Makers
47
Supremacy of Parliament
47
Parliamentarians
49
Construing statutes
50
Difficult provisions
53
Judicial anger about statutes
55
7.
Trials and Tribulations
59
Lengthy hearings
59
Clock-watchers
60
Circuits
62
Turning up (or failing to)
64
Robes
66
8.
Cut, Thrust and Contempt
69
Cut and thrust
69
Judicial insults
70
"Courageous" barristers
73
A smattering of contempts
75
9.
Appeal Courts
81
Multiple functions
81
Colonial Governors' Courts of Appeal
82
Appealing from Caesar to Caesar
85
Reasons in an appellate court
86
10.
How Judges Write and Reason
95
Long, short, quick and slow
96
Opening remarks
99
Inadequacy of reasons
101
Brutality, passion and hyperbole
103
11.
Getting Technical
106
Finer points of law
106
Drawing lines and dodging logic
108
Maxims and Latinisms
111
Legal fictions
112
pt. 4
Guarding Patches
12.
Hierarchies and Precedents
117
Duty to follow precedent
117
Tension between the tiers
119
Riverine, nautical and botanical metaphors
124
Absence of precedent
126
13.
The Rule of Law: Courts and the Executive
129
The rule of law
129
The Rum Rebellion
130
The Victorian Government defies its Supreme Court in 1865
132
Sir Henry Parkes defies the Supreme Court of New South Wales in 1888
133
Governments pushing judges to the limit
136
The Tait saga
139
Threats to the rule of law from others, notably judges
141
pt. 5
Public and Private Wrongs
14.
Exclusionary Conduct: Colourful Aspects of Constitutional Law
147
Attempts to exclude interstate trade, commerce and intercourse
147
Attempts to exclude non-European immigration
151
Attempts to exclude Egon Kisch, Communists and other European "undesirables"
154
Attempts to exclude interstate lawyers and litigants
159
Attempts to exclude refugees and boat people
165
15.
Torts: Injuries to Body or Reputation
166
Negligence claims
166
Defamation
168
Bibliography
175
Table of Cases
177
Table of Names
182
General Index
191