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Palgrave Macmillan

The Impact of Law's History

What’s Past is Prologue

  • Book
  • © 2022

Overview

Editors:
  1. Sarah McKibbin

    1. University of Southern Queensland, Toowoomba, Australia

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  2. Jeremy Patrick

    1. School of Law and Justice, University of Southern Queensland, Toowoomba, Australia

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    You can also search for this editor in PubMed   Google Scholar

  3. Marcus K. Harmes

    1. University of Southern Queensland, Toowoomba, Australia

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    You can also search for this editor in PubMed   Google Scholar

  • Explains how today’s hot-button legal issues are linked to past legal controversies
  • Deepens our understanding of how law has shaped society and vice versa
  • Provides a broad chronological survey from early modern England to modern Australia

Part of the book series: Palgrave Modern Legal History (PMLH)

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Table of contents (14 chapters)

  1. Front Matter

    Pages i-xv
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  2. Introduction

    • Marcus K. Harmes, Sarah McKibbin, Jeremy Patrick
    Pages 1-4

  3. Politics and Profession: Sir Dudley Ryder and the Office of Attorney General in England, 1689–1760

    • Wilfrid Prest
    Pages 5-24

  4. Lord Atkin’s Dissent in Liversidge v Anderson: Indecorously Orthodox?

    • Karen Schultz
    Pages 25-48

  5. The Challenges to the UK Constitution Since 1979 and Brexit

    • Michael Mulligan
    Pages 49-63

  6. The Age of Rumpole Is Past? Legal History on British Television

    • Marcus K. Harmes, Meredith A. Harmes, Barbara Harmes
    Pages 65-82

  7. The History of Legal Marketing in Australia and New Zealand

    • A. Keith Thompson
    Pages 83-103

  8. The Historical Development of the Fault Basis of Liability in the Law of Torts

    • Anthony Gray
    Pages 105-130

  9. What Albert Did and What Albert Did Next: Albert Bathurst Piddington—The High Court Judge Who Never Sat

    • A. S. Bell, James Monaghan
    Pages 131-154

  10. Path Dependency, the High Court, and the Constitution

    • Jeremy Patrick
    Pages 155-178

  11. The Use and Misuse of Legal History in the High Court of Australia

    • Warren Swain
    Pages 179-200

  12. Did the Early British Colonists Regard the Indigenous Peoples of New South Wales as Subjects of the Crown Entitled to the Protection of English Law?

    • Gavin Loughton
    Pages 201-237

  13. Land, the Social Imaginary, and the Constitution Act 1867 (Qld)

    • Julie Copley
    Pages 239-255

  14. The Good, the Bad and the Ugly: A Short History of Biosecurity Regulation in Australia

    • Noeleen McNamara
    Pages 257-276

  15. Legal Pluralism Past and Present: Magna Carta and a First Nations’ Voice in the Australian Constitution

    • Jason Taliadoros
    Pages 277-300

  16. Back Matter

    Pages 301-304
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Keywords

About this book

​This book considers how legal history has shaped and continues to shape our shared present. Each chapter draws a clear and significant connection to a meaningful feature of our lives today. Focusing primarily on England and Australia, contributions show the diversity of approaches to legal history’s relevance to the present. Some contributors have a tight focus on legal decisions of particular importance. Others take much bigger picture overview of major changes that take centuries to register and where impact is still felt. The contributors are a mix of legal historians, practising lawyers, members of the judiciary, and legal academics, and develop analysis from a range of sources from statutes and legal treatises to television programs. Major legal personalities from Edward Marshall Hall to Sir Dudley Ryder are considered, as are landmarks in law from the Magna Carta to the Mabo Decision.

Editors and Affiliations

  • University of Southern Queensland, Toowoomba, Australia

    Sarah McKibbin, Marcus K. Harmes

  • School of Law and Justice, University of Southern Queensland, Toowoomba, Australia

    Jeremy Patrick

About the editors

Sarah McKibbin is Lecturer (Law) in the School of Law and Justice, University of Southern Queensland, Australia, and co-author of A Legal History for Australia (2021) with Marcus Harmes and Libby Connors.

Jeremy Patrick is Lecturer in the School of Law and Justice, University of Southern Queensland, Australia. He has published multiple journal articles on historical aspects in the area of law and religion, including constitutional religion clauses, blasphemous libel, and the legal regulation of fortune-telling and individual spirituality.  He is author of Faith or Fraud: Fortune-telling, Spirituality, and the Law (2020).

Marcus Harmes is Professor, Associate Director Research in the University of Southern Queensland College, Australia, and teaches legal history in the law degree. He has published extensively in the fields of religious and political history, with a particular emphasis on British religious history and constitutional history.

Bibliographic Information

  • Book Title: The Impact of Law's History

  • Book Subtitle: What’s Past is Prologue

  • Editors: Sarah McKibbin, Jeremy Patrick, Marcus K. Harmes

  • Series Title: Palgrave Modern Legal History

  • DOI: https://doi.org/10.1007/978-3-030-90068-7

  • Publisher: Palgrave Macmillan Cham

  • eBook Packages: History, History (R0)

  • Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2022

  • Hardcover ISBN: 978-3-030-90067-0Published: 31 March 2022

  • Softcover ISBN: 978-3-030-90070-0Published: 01 April 2023

  • eBook ISBN: 978-3-030-90068-7Published: 30 March 2022

  • Series ISSN: 2947-6186

  • Series E-ISSN: 2947-6194

  • Edition Number: 1

  • Number of Pages: XV, 304

  • Topics: Legal History, History, general, World History, Global and Transnational History

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