Law is a lasting social institution, but it must also be open to change. How is law made, and what prompts change? How can society influence the law, and how does the law respond to societal change? The first volume of Shaping Tomorrow's Law examined human rights and European law. In this second volume Mary Arden turns her attention to domestic law, providing a judge's viewpoint on the roles of society, government, and the judiciary in the transformation and reform of the law.
The first section of Common Law and Modern Society explains what we mean by judge-made law and shows how the law responds to the needs of a changing society. Adaptation may be in response to shifting values, or in response to constitutional change. This is demonstrated in chapters on assisted reproduction and assisted dying, both modern concerns, and a far older example, that of the law on water, which has been evolving over the centuries in response to society's changing demands. The law also needs to reflect constitutional change, as in the case of Welsh devolution.
The second section of the book looks at the necessary simplification of the law and systematic legal reform. These tasks lie at the heart of the work of the Law Commission, which celebrated its 50th anniversary in 2015. Drawing on her own experience as former Chairman of the Law Commission, Mary Arden argues that statute law can be made simpler by codification, and that the success of codification may vary depending on the field of law.
The final section looks ahead to tomorrow's judiciary. The accountability of judges is a continuing area of discussion, and this includes ensuring that the reasoning behind their decisions is understood by the relevant people.
Mary Arden goes on to argue that the vision for the judiciary today and tomorrow should be one of greater diversity in the widest sense. This will help to ensure not only greater fairness and wider opportunity but also better decision-making. The book concludes with advice and encouragement for future legal professionals.
Justice Ruth Bader Ginsburg and Baroness Hale of Richmond: Preface SECTION A - LAW IN A CHANGING SOCIETY The Rt Hon Beverley McLachlin, PC, Chief Justice of Canada: Preface Part I: Responding to a Changing Society 1: Water Matters 2: Legal Problems Arising at the Start and End of Life: The Role of Judges and Parliament 3: Coming to Terms with Good Faith 4: Economic Torts in the Twenty-First Century 5: Duty, Causal Contribution, and the Scope of Responsibility: Does the Law of Negligence Impose Rational Limits? Part II: Absorbing the Impact of Constitutional Change 6: Magna Carta and the Hidden Wiring of the Common Law 7: Independence of the Judiciary and the Role of Parliaments 8: What is the Safeguard for Welsh Devolution? SECTION B - SIMPLIFICATION AND SYSTEMATIC DEVELOPMENT OF THE LAW The Rt Hon Lord Mackay of Clashfern: Preface Part III: Systematic Development and Reform of the Law 9: The Work of the Law Commission 10: Improving the Statute Book: A Law Reformer's Viewpoint (Part 1) Part IV: Making Statute Law More Accessible 11: Improving the Statute Book: A Law Reformer's Viewpoint (Part 2) 12: Modernizing Legislation Part V: Codification 13: Time for an English Commercial Code? 14: Criminal Law at the Crossroads 15: Companies Act 2006 (UK): A New Approach to Directors' Duties The Rt Hon Jack Straw: Preface Part VI: The Future of Judgment Writing 16: Judgment Writing: Are Shorter Judgments Achievable? 17: A Matter of Style Part VII: The Old Order Changeth? The Judiciary in the Twenty-First Century 18: Magna Carta and the Judges: Realizing the Vision 19: Women Judges: Britain's Place in the World Part VIII: The Future is in Their Hands 20: The Woman Lawyer 21: Pupillage Inside Out Glossary
The Rt. Hon. Lady Justice Arden DBE was called to the Bar of England and Wales in 1971, and became a Queen's Counsel in 1986. She was appointed a Justice of the High Court of Justice of England and Wales in 1993, the first woman judge to be assigned to the High Court's Chancery Division. From 1996 to 1999 she was the Chair of the Law Commission of England and Wales. She was appointed a Lady Justice of Appeal in 2000. Lady Justice Arden is Head of International Judicial Relations for England and Wales. This makes her responsible for liaison with leading courts across the world. She is also a Member of the Permanent Court of Arbitration in The Hague and an ad hoc judge of the European Court of Human Rights in Strasbourg.
Reviews for Common Law and Modern Society: Keeping Pace with Change
This volume still remains a useful contribution to the contemporary debate on legal reform in the United Kingdom, and it is to be welcomed for that reason. * The Commonwealth Laywer *
