The Discipline of Law [Paperback]

The underlying theme of this book is that the principles of law laid down by the Judges in the 19th century--however suited to social conditions of the time--are not suited to the social necessities and social opinion of the 20th century. They should be moulded and shaped to meet the needs and opinions of today.The Discipline of Lawis a fascinating account of Lord Denning's personal contribution to the changing face of the law in this century.


Part One.
The Construction of Documents
Introduction
1. Command of language
2. The interpretation of statutes
3. The interpretation of wills and other unilateral documents
4. The construction of contracts
5. Looking for help
Part Two.
Misuse of Ministerial Powers
Introduction
1. Deciding wrongly
2. Clauses ousting the courts
3. Declarations
4. Other points on tribunals
5. Administrative decisions
6. Clauses giving unfettered discretion
7. Prerogative power
8. The Ultra Vires clause
Part Three.
Locus Standi
Introduction
1. Modern extensions
2. TheBlackburncases
3. Declaration and injunction
4. The remedy of judicial review
5. Private rights
6. TheGourietcase
Part Four.
Abuse of 'Group' Powers
Introduction
1. Powers against own members
2. Powers against other persons
Conclusion
Part Five.
High Trees
Introduction
1. TheHigh Treescase
Conclusion
Part Six.
Negligence
Introduction
1. Leading up toCandler v Crane, Christmas
2. Doctors at law
3. The impact ofHedley Byrne
4. Houses falling down
5. Innocent representation made actionable
6. Surprising consequences
Conclusion
Part Seven.
The Doctrine of Precedent
Introduction
1. The doctrine of precedent
Conclusion
Epilogue
Index