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Preface xi Table of statutes xiii Table of cases xix 1 Law and society 1 Analysing law 2 Authority and obedience to law 6 Law and society 8 Industrialisation and the role of law 15 Law and society: consensus or conflict? 21 2 Law and morality 26 The social definition of law and morality 36 Morality and the law 45 'Crimes without victims' 46 Censorship 52 The legislation of morality 60 3 Law and the regulation of economic activity 68 The form of the business enterprise 72 The changing functions of state and law 80 Summary 89 4 Some important legal concepts 90 Rights and duties: problems of analysing legal concepts 90 Human rights and the Human Rights Act 1998 91 Legal rights, legal duties and legal remedies 93 Legal personality 102 Summary 109 5 Law and property 110 The function of private property in capitalist society 111 The law of property 115 Intellectual property and data protection 118 Land and the law 126 Land and its use: private or public control? 129 Housing 137 Conclusion 149 6 Law and the settlement of disputes 150 The prevention and settlement of disputes in modern society 151 Business disputes: avoidance and arbitration 162 The growth of tribunals 166 Some recent developments 172 The English courts: the constitutional position 177 The English court structure 180 The courts and society 185 7 The making of legal rules 190 Parliamentary legislation: politics, pressure and public policy 190 Precedent and policy I: the common law 199 Equity and the common law 209 Precedent and policy II: statutory interpretation 210 8 The European dimension of English law 215 Principal institutions of the European Community 218 European Community law and the principle of direct effect 225 European Community law: an overview 232 9 Liability in English law: the law of tort ' 241 Tort and capitalism 241 Liability in tort 249 Liability in negligence in cases involving the police and emergency services 263 Negligent acts or omissions causing economic loss 267 Negligent statements causing economic loss 272 Negligent acts or omissions causing psychiatric illness 282 Summary 291 Liability for defective products 292 Vicarious liability and the role of insurance 295 Remedies in the law of tort 302 10 Liability in English law: crime and the criminal justice system 306 Liability in criminal law 307 'Intentions' 312 'Recklessness' 315 Strict liability 318 Defences 322 The criminal justice system 326 Criminology and the criminal justice system 342 11 The development and the role of the contract 349 Contract and the consumer: the exclusion clause problem 365 Legislative intervention: the solution to the consumer problem? 369 Consumer protection legislation: some examples 371 Is the consumer now adequately protected through legislation? 381 Contract and business: the positive role of the contract 383 12 Law and government 386 Remedies in administrative law 390 The role of law in the administrative process 398 The grounds for judicial intervention in administrative activity 403 Conclusion 418 13 The legal profession 420 The divided profession and its work 425 The social composition of the legal profession 432 The cost of legal services 436 Conclusion 445 14 The judges 445 The social background of the judiciary 448 The appointment and training of judges 449 Judges, politics and the process of decision-making 452 Conclusion 471