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Common Law and Modern Society: Keeping Pace with Change

Online ISBN:
9780191816970
Print ISBN:
9780198755845
Publisher:
Oxford University Press
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Common Law and Modern Society: Keeping Pace with Change

Mary Arden
Mary Arden

Member of the Court of Appeal of England and Wales and Head of International Relations for England and Wales

Member of the Court of Appeal of England and Wales and Head of International Relations for England and Wales, Court of Appeal of England and Wales
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Published online:
24 March 2016
Published in print:
1 December 2015
Online ISBN:
9780191816970
Print ISBN:
9780198755845
Publisher:
Oxford University Press

Abstract

Law is a lasting social institution but it must also be open to change. While Volume I looked at human rights and European law, the focus here is on how the law operates within England and Wales. Section A looks at the way judge-made law responds to the changing needs of society, arising from changing social values, constitutional shifts or the need for a better legal framework in a particular field. Section B deals with simplification of the law and its systematic reform, including codification. For the past 50 years these tasks have been central to the work of the Law Commission, whose contribution is discussed from the perspective of a former Chairman. Section C looks at tomorrow’s judiciary. The accountability of judges has been an area of considerable discussion recently, and one aspect that needs greater attention is the accessibility of judgment writing. The composition of the judiciary also has to change over time, without losing core values like judicial independence, which can be traced back over history. The author argues that the vision today should be one of greater diversity. Apart from a need for more women and ethnic minorities in the judiciary, diverse perspectives more generally lead to better decision-making by the courts. This volume concludes by addressing the legal profession of the future and includes a short piece describing the author’s personal experiences as a woman lawyer and offering some advice to budding barristers.

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