What About Law?: Studying Law at University

by Catherine Barnard, Janet O'Sullivan, G J Virgo

Overview

“'What About Law?' succeeds where so many legal guidebooks fail ... [it] skilfully demystifies the law and ably proves its argument. The law is, indeed, all around us - and this book will whet your appetite to find out how and why.” – Alex Wade, The Times (of the previous edition)

Law is one of the few subjects that the school leaver, choosing a degree course, will have very little real understanding of. This book comes to the rescue by clearly setting out what a prospective law student can expect and why a student should choose to study law.

This new edition is updated to reflect the reality of studying law today, highlighting changes due to Brexit and reforms to constitutional law. The book covers the compulsory subjects every law student has to study: contract, criminal, property and trusts law, and brings them up to date. With a clear core structure and approach it takes a case from each of these subjects to illustrate legal issues and methodology. The writing style is accessible and has the audience – novices to law – firmly in mind.

What About Law? shows how the study of law can be fun, intellectually stimulating and challenging. It introduces prospective students to the legal system, legal reasoning, critical thinking and argument. Written by a team of experienced teachers, this book should be read by every student about to embark on the study of law.

Product Details

ISBN-13:	9781509950102
Publisher:	Bloomsbury Academic
Publication date:	11/04/2021
Edition description:	3rd ed.
Pages:	256
Product dimensions:	5.10(w) x 7.80(h) x 0.85(d)

About the Author

Catherine Barnard is Professor of EU Law and Labour Law, University of Cambridge, and Fellow of Trinity College, UK.

Janet O'Sullivan is Professor of Private Law at the University of Cambridge and a Fellow and the Vice-Master of Selwyn College, Cambridge, UK.

Photograph courtesy of University of Cambridge.

GJ Virgo is Professor of English Private Law at the University of Cambridge and a Fellow of Downing College, Cambridge.


Photograph courtesy of University of Cambridge.

Table of Contents

Foreword v

Preface vi

Acknowledgements viii

List of Contributors xii

1 Introduction to Law Catherine Barnard Janet O'Sullivan Graham Virgo 1

Starting to think about law 1

The tools 4

Legal method 17

Interpretation 23

Imagination 27

Generalisation 29

Policy underpinning the rule 31

One final example 32

Conclusions 35

2 Criminal Law Graham Virgo 37

The elements of a crime 37

The reasons for punishment 38

Reasons for characterising conduct as criminal 39

Facts of brown 40

The key offences 40

The issue in brown 42

Application of the decision 46

The dissenting judges 49

Theory: autonomy versus welfare 50

Subsequent events: motive and risk 51

Human rights 55

Law reform 55

Conclusions 57

3 Law of Contract Janet O'Sullivan 59

Introduction 59

Some crucial ideas about contractual remedies 60

The case 64

The house of lords decision in more detail 74

What has happened since ruxley? 78

What if the builder had saved money by breaching the contract? 80

Conclusion 86

4 Tort Tony Weir Janet O'Sullivan 89

The most famous tort case 91

The 'duty' question 93

The kind of harm 93

Damage and loss 94

Recovery for pure financial harm 94

Application in McFarlane 96

Fair, just and reasonable 96

The reasons given in McFarlane 97

The speech of lord steyn 98

Distributive justice 98

Psychiatric harm 99

Effect on third parties 99

Tort as deterrence 100

Deterrence and compensation 100

Two examples 101

Statutes and judge-made law 102

The effect of McFarlane 103

Damage and the invasion of rights 104

The unwanted baby abroad 105

Conclusion 106

5 Land Law Kevin Gray 109

Introduction 109

The problem of property 110

The case (Chhokar v Chhokar) 111

Conclusion 126

6 Equity and Trusts Graham Virgo 129

What is equity? 130

The contribution of equity 131

Types of trust 133

The facts of Foskett v McKeown 135

The possible solutions 136

Identification and application of rules and principles 137

Conclusions 148

7 Constitutional Law Mark Elliott 151

Prologue 151

The miller II case 156

Conclusions 172

8 EU Law, Brexit and International Trade Catherine Barnard 177

The world trading regime 179

Cassis de Dijon 184

Brexit 196

Conclusions 200

9 Conclusions: Drawing Some Threads Together Janet O'Sullivan Catherine Barnard Graham Virgo 205

Epilogue 223

Index 225

Editorial Reviews

A simple and user friendly book that 'sells' out the law as it is with all its various rationales. Fit for anyone embarking on a study of law.” —Vick Krishnan, University of East London

“The book provides a useful introduction and context to the study of law, which is relevant for those new to the study of law. It is of particular relevance for those in their foundation year who need an introduction to the core modules they will be taking later on and provides them with an underpinning and foundation to their understanding of these areas.” —Augustina Akoto, University of East London

“A really useful book for prospective students, giving an overview of a range of important areas.” —Dr Samuel White, University of the West of Scotland

“It is a concise and accessible introduction to law written by experts in each field. In addition to introducing the reader to fundamental legal concepts, each chapter offers an insight into the fascinating peculiarities of the law which will hopefully capture the imagination of potential law students.” —Dr Lisa Whitehouse, Schools & Colleges Liaison Officer, University of Hull

“'What About Law?' succeeds where so many legal guidebooks fail. The authors give a measured, succinct tour around key legal issues that is both illuminating for the non-lawyer and refreshingly thought-provoking for those whose undergraduate days are long behind them…By anchoring the book in contemporary cases replete with human interest and a tangible effect on our lives, 'What About Law?' skilfully demystifies the law and ably proves its argument. The law is, indeed, all around us - and this book will whet your appetite to find out how and why.” —Alex Wade, The Times (of the previous edition)

“..very well conceived and superbly executed.” —Charles Rickett, University of Queensland

“The authors of this volume expertly identify and communicate the essence of the subject: its broad scope, covering a wide range of social, political and moral problems; its intellectually satisfying methods of analysis, based on logic, precedent and judgment; and, above all, its entertainment value…I very much hope and expect that the information, and enthusiasm, contained in these pages will encourage potential law students.” —Foreword by David Pannick QC, Blackstone Chambers

“The book is a very good pocket-sized informative text for a quick synopsis of what the UK law consists of and how it operates. Useful to gain a very basic foundation knowledge in certain areas i.e., criminal and the legal system.” —Natasha Roberts, Bangor University

From the Publisher