Human rights and legal history : essays in honour of Brian Simpson


Human rights and legal history : essays in honour of Brian Simpson

edited by Katherine O'Donovan and Gerry R. Rubin

Oxford University Press, 2000


Human rights & legal history : essays in honour of Brian Simpson

大学図書館所蔵 件 / 24



"A.W. Simpson : bibliography: p. [293]-308

Includes index



This book brings together essays on themes of human rights and legal history, reflecting the long and distinguished career as academic writer and human rights activist of Brian Simpson. Written by colleagues and friends in the United States and Britain, the essays are intended to reflect Simpson's own legal interests. The collection opens with biography of Simpson's academic life which notes his major contribution to legal thought, and closes with an account of his career in the United States and a bibliography of his writings. As a tribute to Simpson's varied interests in the law, the collection is grouped around themes in human rights, legal philosophy, and legal history. The human rights papers are concerned with the history of the right of individual petition to the European Court of Human Rights, and recent successes in which Brian Simpson played a part; the evolution of a transnational common law of human rights; the United Nations Convention on the Rights of the Child and the interpretation of the provisions on identity in France and England; the suspension of human rights which would have occurred, had the emergency War Zone Courts scheme been brought into effect during wartime; historical resistance to colonial laws in Papua New Guinea; and the ratio decidendi of the story of the Prodigal Son. Historical themes are found in essays concerned with three nineteenth-century Lord Chancellors; in two essays relating to the fate of the civil jury on either side of the Atlantic which provide a fascinating comparison; in the 'battle of the books' which led to changes in eighteenth-century copyright law; and judicial rivalry between King's Bench and Common Pleas in the early modern period.


  • 1. Introduction
  • 2. International law, the Individual and A. W. Brian Simpson's Contribution to the Defence of Human Rights
  • 3. A Common Law of Human Rights? Transnational Judicial Conversations on Constitutional Rights
  • 4. Abandoned Babies, Anonymous Mothers, and Children's Identity Rights
  • 5. In the Highest Degree Ominous: Hitler's Threatened Invasion, the United Kingdom Parliament, and War Zone Courts in Britain, 1940-1945
  • 6. Tears of the Law: Colonial Resistance and Legal Determination
  • 7. The Ratio Decidendi of the Case of the Prodigal Son
  • 8. Three Very Remarkable Nineteenth-Century Lawyers
  • 9. The Fate of the Civil Jury in Late Victorian England: Malicious Prosecution as a Test Case
  • 10. Reconsidering the Seventh Amendment Right to Jury Trial in Light of English Trial Practice of the Late Eighteenth Century
  • 11. The Author's Surrogate
  • 12. Judicial Conservatism in the Tudor Common Pleas
  • 13. Brian Simpson in the United States
  • 14. A. W. B. Simpson: A Bibliography

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