Constituting Law

Part 1: Law and Moral Values Introduction A Place for Values in Legal Reasoning Stephen Gageler SC, Commonwealth Solicitor-General Law, Values, and the Advocate Justin T Gleeson SC Contingency, Law, and the Practice of Value Ruth C A Higgins

Part 2: Law and History Introduction Re-Imagining Legal HistoryJustin T Gleeson SC Law and the Use of History The Honourable Justice W M C Gummow AC New Frontiers of Legal History Professor Emeritus Wilfred Prest

Part 3: Law and the Uses of Expertise Introduction Law, Society and the Uses of Expertise in the Administration of Justice Geoff Lindsay SC Legislative Facts – Developing the Common Law The Honourable Justice J D Heydon ACBacon’s Chickens – Re-thinking Law and Science (and Incriminating Expert Opinion Evidence) in Response to Empirical Evidence and Legal Principle Professor Gary Edmond

Part 4: Law, Economics and Regulation Introduction Capitalism and its Schisms Ruth C A Higgins Law, Economics, and Interdisciplinary Indeterminacy The Honourable Ian D F Callinan AC Policy Tools for Reduction of CO2 Emissions Briefly Compared The Honourable Malcolm Turnbull MP

Part 5: Law and International Thought Introduction Cross-Border Commonality Dr Andrew Bell SC International Law in Practice Professor Gillian Triggs, University of Sydney International Influences on Domestic Law: Neither Jingoistic Exceptionalism, Nor Blind Servility The Honourable Justice J Basten

Part 6: Law and International Commerce Introduction Commerce, Certainty, and Consistency Noel Hutley SC The Law Merchant: How We Came to Where we Are The Honourable Justice A R Emmett Between the Parochial and the Cosmopolitan The Honourable Chief Justice J J Spigelman AC

Part 7: Law, Justice and Human Rights Introduction Rights and Wrong Turns Craig Lenehan Human Rights in Australia – Past, Present and Future Julian Leeser Who’s Afraid of Unelected Judges? – A Positive Case for Increasing the Judicial Role in Human Rights Enforcement Senior Lecturer Edward Santow Postscript Index