Judge and Jurist

Zusatztext The truly extraordinary thing about Lord Rodger of Earlsferry is that he not only delivered judgements of the highest calibre but also wrote books and articles that any university professor would be proud to publish. Informationen zum Autor 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). Klappentext Collecting together 47 essays from colleagues and friends of Lord Rodger of Earlsferry, this book commemorates his work and contribution to law and legal scholarship, including his role as a judge of the UK Supreme Court and his interests in Roman law, Scots law, and legal history. This volume records the achievements and captures the spirit of a distinguished judge and academic lawyer who so enjoyed life ... Lord Dyson, now Master of the Rolls, recalls that "it was fun to be in his company. His laugh was more in the nature of a roar; it could be heard from quite some distance. I can still hear it reverberating down the corridor." It can be heard on opening this book. David Pannick, QC, The Times Zusammenfassung 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....

Autorentext
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).

Klappentext
Collecting together 47 essays from colleagues and friends of Lord Rodger of Earlsferry, this book commemorates his work and contribution to law and legal scholarship, including his role as a judge of the UK Supreme Court and his interests in Roman law, Scots law, and legal history.

Zusammenfassung
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.

Inhalt
PART I: TRIBUTES TO LORD RODGER ; 1. Alan Ferguson Rodger: A Tribute given at the Memorial Service held in St Giles' Cathedral, Edinburgh on 25 November 2011 ; 2. Alan Ferguson Rodger: A Tribute given at the Memorial Service held in St Giles' Cathedral, Edinburgh on 25 November 2011 ; 3. 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. Lord Rodger: An Italian Tribute ; PART II: LORD RODGER IN THE HOUSE OF LORDS AND SUPREME COURT ; 5. Dissenting Judgments ; 6. Some Reflections on Lord Rodger's Contribution to the Development of the Common Law ; 7. Lord Rodger's Mental Health Law ; 8. Fairchild and After ; 9. Lord Rodger's Notebooks ; 10. Foreign Laws and Languages ; 11. The View from Behind the Bench: The Role of Judicial Assistants in the UK Supreme Court ; 12. 'Strasbourg Has Spoken' ; 13. The Form and Language of Lord Rodger's Judgments ; 14. Lord Rodger and Statute Law ; PART III: ROMAN LAW AND ROMAN LEGAL HISTORY ; 15. Fama and infamia in the Roman Legal System: The Cases of Afrania and Lucretia ; 16. Damaging a Slave ; 17. The Dating of the lex Aquilia ; 18. Lenel's Palingenesia: Two Footnotes to Rodger ; 19. 'Grappling with the Difficult Subjects with which the Roman Lawyers Liked to Grapple' ; 20. Agree to Disagree: Local Jurisdiction in the lex Irnitana ; 21. Lawmaking in Times of Disorder ; 22. Borrowed Plumes and Robbed Freedmen: Some Aspects of Plagiarism in Roman Antiquity ; 23. Pits and Pruners: Culpa and Social Practice in Digest 9.2 ; 24. An Inheritance Lost and a Fraudulent Slave ; 25. Lenel and Daube: A Cross-Channel Friendship ; 26. Some Thoughts on the formulae ficticiae of Citizenship in Gaius 4.37: A Form of Reception? ; 27. Jurisdiction in Urso ; 28. 'Unworthiness' in the Roman Law of Succession ; PART IV…

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