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Judge and Jurist

Judge and Jurist Essays in Memory of Lord Rodger of Earlsferry

  • Author:
  • Publisher: Oxford University Press
  • ISBN: 9780199677344
  • Published In: June 2013
  • Format: Hardback , 752 pages
  • Jurisdiction: U.K. ? Disclaimer:
    Countri(es) stated herein are used as reference only
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  • Commemorates the extraordinary career and work of Lord Rodger of Earlsferry
  • 47 contributions from pre-eminent scholars, practitioners, and judges, including nine essays from Supreme Court judges, discussing Lord Rodger's role and the workings of the Court
  • Examines key areas of interest to Lord Rodger including Roman law, Scots law and legal history, and human rights

Lord Rodger of Earlsferry was a distinguished judge and scholar. He was a Justice of the Supreme Court of the United Kingdom and the author of many high quality law journal articles and two books. Written in memory of Lord Rodger, this collection contains 47 essays by Lord Rodger's friends and colleagues from the UK and Europe. The essays reflect Lord Rodger's role as a leading judge and also his wide-ranging academic interests including Roman law, Scots law and legal history, and a miscellany of other topics. 

The authors in this volume are leading academics or judges, and a particularly notable feature is the nine essays written by Supreme Court justices. As the highest judges in the UK they provide a unique insight into the work of the Supreme Court, as well as Lord Rodger's work in the Court. The book also includes the memorial tributes to Lord Rodger which explain his remarkable legal career, including his roles as Lord Advocate (Senior Law Officer of Scotland) Lord President of the Court of Session, Lord of Appeal in Ordinary and, finally, Justice of the UK Supreme Court. The essays include personal reminiscences of Lord Rodger, helping the reader to understand why he was so highly regarded and why his untimely death has dealt such a devastating blow to law in the UK.

Readership: Academics and practitioners interested in the English legal system

Part I: Tributes to Lord Rodger
1: Colin MacKay: Alan Ferguson Rodger: A Tribute given at the Memorial Service held in St Giles' Cathedral, Edinburgh on 25 November 2011
2: David Edward: Alan Ferguson Rodger: A Tribute given at the Memorial Service held in St Giles' Cathedral, Edinburgh on 25 November 2011
3: Andrew Burrows: Alan Ferguson Rodger: A Tribute given at the Memorial Service held in the University Church of St Mary the Virgin, Oxford on 11 February 2012
4: Luigi Labruna: Lord Rodger: An Italian Tribute
Part II: Lord Rodger in the House of Lords and Supreme Court
5: Lord Brown of Eaton-under-Heywood: Dissenting Judgments
6: Lord Dyson: Some Reflections on Lord Rodger's Contribution to the Development of the Common Law
7: Baroness Hale of Richmond: Lord Rodger's Mental Health Law
8: Lord Hoffmann: Fairchild and After
9: Lord Hope of Craighead: Lord Rodger's Notebooks
10: Lord Mance: Foreign Laws and Languages
11: Tetyana Nesterchuk: The View from Behind the Bench: The Role of Judicial Assistants in the UK Supreme Court
12: Lord Phillips of Worth Matravers: 'Strasbourg Has Spoken'
13: Lord Reed: The Form and Language of Lord Rodger's Judgments
14: Lord Walker of Gestingthorpe: Lord Rodger and Statute Law
Part III: Roman Law and Roman Legal History
15: Tiziana J. Chiusi: Fama and infamia in the Roman Legal System: The Cases of Afrania and Lucretia
16: Paul J. du Plessis: Damaging a Slave
17: David Ibbetson: The Dating of the lex Aquilia
18: David Johnston: Lenel's Palingenesia: Two Footnotes to Rodger
19: Rolf Knütel: 'Grappling with the Difficult Subjects with which the Roman Lawyers Liked to Grapple'
20: Ernest Metzger: Agree to Disagree: Local Jurisdiction in the lex Irnitana
21: O.F. Robinson: Lawmaking in Times of Disorder
22: Martin Schermaier: Borrowed Plumes and Robbed Freedmen: Some Aspects of Plagiarism in Roman Antiquity
23: Helen Scott: Pits and Pruners: Culpa and Social Practice in Digest 9.2
24: Boudewijn Sirks: An Inheritance Lost and a Fraudulent Slave
25: Stefan Vogenauer: Lenel and Daube: A Cross-Channel Friendship
26: Laurens Winkel: Some Thoughts on the formulae ficticiae of Citizenship in Gaius 4.37: A Form of Reception?
27: Joseph Georg Wolf: Jurisdiction in Urso
28: Reinhard Zimmermann: 'Unworthiness' in the Roman Law of Succession
Part IV: Scots Law and Scottish Legal History
29: Ross G. Anderson: Words and Concepts: Trust and Patrimony
30: John W. Cairns: Freeing from Slavery in Eighteenth-Century Scotland
31: David L. Carey Miller: Lawyer for All Time
32: Paul Cullen: Lord Rodger and the Criminal Law
33: Jacques du Plessis: The Enrichment Claim of the mala fide Improver of Another's Property
34: Robin Evans-Jones: Thinking about some Scots Law: Lord Rodger and Unjustified Enrichment
35: William M. Gordon: Communis error facit ius
36: Phillip Hellwege: Objectivity and Subjectivity in Contract Interpretation
37: Hector L. MacQueen: Ae Fond Kiss: A Private Matter?
38: Kenneth G. C. Reid: Embalmed in Rettie: The City of Glasgow Bank and the Liability of Trustees
39: Joe Thomson: Some Thoughts on the Nature of Liability for Negligence in Scots Law
Part V: New Perspectives on Recurring Themes
40: Jack Beatson: Legal Academics: Forgotten Players or Interlopers?
41: Andrew Burrows: Common Law Retrospectivity
42: Joshua Getzler: Faith, Trust, and Charity
43: Sandy Ghandhi: Al-Skeini and the Extra-Territorial Application of the European Convention on Human Rights
44: Birke Häcker: Trees and Neighbours
45: Sonja Meier: Performance of an Obligation by a Third Party
46: Aidan O'Neill: The Courts, the Church, and the Constitution Revisited
47: William Swadling: Legislating in Vain

Edited by Andrew Burrows, Professor of the Law of England, University of Oxford, and Fellow of All Souls College, David Johnston, QC, Axiom Chambers, and honorary professor at the University of Edinburgh, andReinhard Zimmermann, Director of the Max Planck Institute for Comparative and International Private Law, Hamburg, and Professor of Roman Law and Legal History, Bucerius Law School

Andrew Burrows, MA, BCL, LLM (Harvard), QC (Hon), FBA, Barrister and Honorary Bencher of Middle Temple is Professor of the Law of England at the University of Oxford and a Fellow at All Souls. He sits as a Recorder and is a door tenant at Fountain Court Chambers. He was formerly the Norton Rose Professor of Commercial Law and a Fellow of St. Hugh's College. He was a Law Commissioner for England and Wales from 1994 to 1999. He is the author of many books on unjust enrichment, contract and remedies.

David Johnston, QC practises mainly in public law (including human rights) and commercial law. He was appointed QC in 2005. He is also an honorary professor of law at the University of Edinburgh

Reinhard Zimmermann is a Director of the Max Planck Institute for Comparative and International Private Law in Hamburg and is Chairman of the Social Sciences, Arts, and Humanities Division of the Max Planck Society. He is the author of numerous books on comparative law and legal history, including The Law of Obligations (1996) and The New German Law of Obligations (2005).

 

Contributors: 
Ross G. Anderson, Lecturer, University of Glasgow
Jack Beatson, Lord Justice of Appeal; formerly Rouse Ball Professor of English Law, University of Cambridge
Lord Brown of Eaton-under-Heywood, Former Justice of the Supreme Court of the United Kingdom
Andrew Burrows, QC (hon), Professor of the Law of England in the University of Oxford and Fellow of All Souls College
John W. Cairns, Professor of Civil Law, University of Edinburgh
David L. Carey Miller, Emeritus Professor of Property Law, University of Aberdeen; Senior Associate Research Fellow, IALS
Tiziana J. Chiusi, Professor of Private Law, Roman Law and Comparative Law, and Co-Director of the Institute of European Law, Saarland University, Saarbrücken
Paul Cullen, The Hon Lord Pentland, Senator of the College of Justice
Jacques du Plessis, Professor of Private Law, University of Stellenbosch
Paul J. du Plessis, Senior Lecturer in the University of Edinburgh
Lord Dyson, Master of the Rolls; and former Justice of the Supreme Court of the United Kingdom
David Edward, Judge of the European Court of First Instance 1989-92 and of the European Court of Justice 1992-2004; Professor Emeritus, University of Edinburgh
Robin Evans-Jones, Professor of Jurisprudence, University of Aberdeen
Joshua Getzler, Professor of Law and Legal History, University of Oxford and Fellow of St Hugh's College
Sandy Ghandhi, Professor of Law, University of Reading
William M. Gordon, Formerly Douglas Professor of Civil Law, University of Glasgow
Birke Häcker, Senior Research Fellow, Max Planck Institute for Tax Law and Public Finance in Munich, and Fellow of All Souls College, Oxford
Baroness Hale of Richmond, Justice of the Supreme Court of the United Kingdom
Phillip Hellwege, Professor of Private Law, Commercial Law, and Legal History, University of Augsburg
Lord Hoffmann, former Lord of Appeal in Ordinary
Lord Hope of Craighead, Deputy President, Supreme Court of the United Kingdom
David Ibbetson, Regius Professor of Civil Law, University of Cambridge
David Johnston QC, Honorary Professor, University of Edinburgh
Rolf Knütel, Emeritus Professor of Roman Law and Private Law, Rheinische Friedrich Wilhelms University Bonn
Luigi Labruna, Emeritus Professor of Roman Law, University of Naples Federico II
Colin MacKay, Journalist and Broadcaster, BBC Radio Scotland; formerly Political Editor and Lobby Correspondent, Scottish Television plc
Hector L. MacQueen, Professor of Private Law, University of Edinburgh, and Scottish Law Commissioner
Lord Mance, Justice of the Supreme Court of the United Kingdom
Sonja Meier, Professor of Private Law and Comparative Law, and Director of the Institute of Foreign and International Private Law I, Albert Ludwigs University Freiburg
Ernest Metzger, Douglas Professor of Civil Law, University of Glasgow
Tetyana Nesterchuk, Barrister, Fountain Court Chambers; judicial assistant in the UK Supreme Court (2010-11
Aidan O'Neill QC, Matrix Chambers, London
Lord Phillips of Worth Matravers, Former President of the Supreme Court of the United Kingdom
Lord Reed, Justice of the Supreme Court of the United Kingdom
Kenneth G. C. Reid, Professor of Scots Law, University of Edinburgh
O.F. Robinson, Douglas Professor Emeritus of Civil Law, University of Glasgow
Martin Schermaier, Professor of Private Law and Roman Law, Rheinische Friedrich Wilhelms University Bonn
Helen Scott, Associate Professor in the Department of Private Law, University of Cape Town
Boudewijn Sirks, Regius Professor of Civil Law, University of Oxford
William Swadling, Reader in the Law of Property, University of Oxford and Fellow of Brasenose College
Joe Thomson, formerly Regius Professor of Law at the University of Glasgow and Commissioner at the Scottish Law Commission
Stefan Vogenauer, Professor of Comparative Law, University of Oxford and Fellow of Brasenose College
Lord Walker of Gestingthorpe, Justice of the Supreme Court of the United Kingdom
Laurens Winkel, Professor of Legal History, Erasmus University Rotterdam
Joseph Georg Wolf, Professor Emeritus of Roman and Civil Law, University of Freiburg in Breisgau
Reinhard Zimmermann, Director at the Max Planck Institute for Comparative and International Private Law, Hamburg

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