This is the only currently available book to identify, explain, analyze, and discuss some of the most important and controversial principles of the common law of England. Among the many questions addressed here are: Is the common law based on principles or not? If so, what are they and where do they come from? Can judges make up principles? Are logic and reason still principles of the law? Does the European Union law enjoy higher law status? Does human rights law enjoy higher law status? With the great emphasis today placed on rights, does the old principle still hold true that "Where there's a right, there's a remedy"? What has happened to the doctrine "Nobody shall profit from his own wrongdoing"? And what about the human rights supposedly guaranteed by the European Convention? This book focuses on two: individual liberty and freedom of expression. Michael Arnheim addresses these questions and also examines practical principles, which can make all the difference to, for example, the validity of a will, the interpretation of a contract, or the outcome of a claim in negligence or administrative law. Written is a straightforward, easily accessible style, and drawing on recent cases such as those involving Tony Martin, Naomi Campbell, Michael Douglas and Catherine Zeta-Jones, this book will be illuminating to practicing lawyers and students alike.
"In Principles of the Common Law, Dr. Michael Arnheim has written a fascinating and commonsensical discussion of issues crucial to the well being of the law. He displays well-honed analytical skills, particularly in dissecting the trend toward judicial and scholarly activism that threatens the integrity of the law in England and America." -- Judge Robert H. Bork, Former U.S. Solicitor General, and Former Acting Attorney General of the United States, and a Former U.S. Court of Appeals Judge