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Chapter

Cover The Principles of Equity & Trusts

3. An Introduction to the Trust  

This chapter introduces the concept of the trust in England. It explains that the trust is a core element of Equity and its nature and function has developed over time. It discusses the fundamental principles relating to the trust, the classification of different types of trust, and identifies the rights and interests associated with them. This chapter suggests that, while many of the essential components of the modern commercial trust can be traced back to the medieval use, the context in which the trust arises today is completely different, and this has had a significant impact on the development of the contemporary law of trusts.

Chapter

Cover Criminal Justice

2. The police  

Michael Rowe

This chapter, which examines the organisation and delivery of policing, begins considering the ‘crisis’ of policing and suggests that some current concerns have a lengthy pedigree of their own. It then explores the breadth of the police mandate and distinguishes the activities of ‘the police’ from broader aspects of social regulation that might be thought of more widely as ‘policing’. The chapter discusses: the history and development of the police in England and Wales; an organisational map of policing; police accountability and governance; diverse policing and the policing of diversity; and policing strategies.

Chapter

Cover Criminology

2. History of crime and punishment  

Anne Logan

This chapter provides an overview of the major themes in the history of crime and punishment in England and Wales over the last 250 years. It discusses the usefulness of historical research in this field and the research methods employed by historians; some salient features of the history of crime, criminal justice, and punishment; and aspects of criminal justice history that can assist in the understanding of contemporary issues and debates. The chapter demonstrates that the nature of crime and criminal justice at any given time can only be understood within the period's specific political context.

Chapter

Cover Legal Systems & Skills

6. Legal services and the ethical lawyer  

Scott Slorach, Judith Embley, Peter Goodchild, and Catherine Shephard

This chapter examines the development of the legal profession in the UK. It discusses the importance of lawyers to the Rule of Law, and the role of lawyers as professionals. It identifies the range of lawyers and their roles. It then examines the nature of legal services in England & Wales, and their regulation. The chapter then looks at the central role of ethics in lawyers’ work, and the implications of this priority. The chapter identifies changes to the legal profession—changes driven by the wider worlds of politics, society and technology.

Chapter

Cover Legal Traditions of the World

7. A Common Law Tradition: the Ethic of Adjudication  

This chapter examines the history of the common law tradition. The best explanation for the existence of a common law tradition is the historical accident, or chance, of the military conquest of England by the Normans. As a result of this historical accident, the first discernible state came into being in Europe, with defined boundaries and a central government.

Chapter

Cover Criminology

23. Policing  

Trevor Jones

This chapter, which considers some key themes within policing research, begins by discussing the definition of ‘policing’, and its growth as a focus of political concern and criminological enquiry. It outlines the organization and structure of policing in England and Wales. The chapter then examines what the police actually do in practice; provides an overview of some contrasting models of policing; and explores several key debates within the policing literature.

Chapter

Cover Criminology

13. Biological factors and crime  

This chapter presents the idea that criminals can be distinguished from the rest of the population by some unusual physical or biological characteristic that renders them inferior. Havelock Ellis cites a law in medieval England that stated that ‘If two persons fell under suspicion of crime, the uglier or more deformed was to be regarded as more probably guilty.’ When Socrates was on trial, a study of his face conducted by a physiognomist was ordered; this showed that he was cruel and inclined to drunkenness. Physiognomy, which is the assessment of character from facial features, in due course, gave way to phrenology. Phrenology held that the workings of the mind are related to the shape of the brain and skull and that measurement of bumps on the skull can provide an indication of personal characteristics.

Chapter

Cover Legal Systems & Skills

6. Legal services and the ethical lawyer  

Scott Slorach, Judith Embley, Peter Goodchild, and Catherine Shephard

This chapter examines the development of the legal profession in the UK. It discusses lawyers as professionals; the importance of legal services and their regulation; the legal profession in England & Wales; the role of ethics in lawyers’ work and the changing face of the legal profession within society.

Chapter

Cover Environmental Law

10. Environmental Law in the Legal Culture of the United Kingdom  

This chapter is an overview of the legal cultures within the UK as they relate to environmental law. The focus here is on England, but the scope of analysis is across the UK and includes discussion of the devolved regions. The purpose of the chapter is to give the reader not only a general overview of the main features of these cultures but also to highlight much of its complexity. In particular, the uniqueness of much of UK environmental law means that one must be wary of transplanting ideas and assumptions about environmental law from other jurisdictions. The chapter thus begins with a basic discussion of legal culture.

Chapter

Cover The Principles of Equity & Trusts

3. An Introduction to the Trust  

This chapter introduces the concept of the trust in England. It explains that the trust is a core element of Equity and its nature and function has developed over time. It discusses the fundamental principles relating to the trust, the classification of different types of trust, and identifies the rights and interests associated with them. This chapter suggests that, while many of the essential components of the modern commercial trust can be traced back to the medieval use, the context in which the trust arises today is completely different, and this has had a significant impact on the development of the contemporary law of trusts.

Chapter

Cover The English Legal System

1. The English Legal System  

Alisdair A. Gillespie and Siobhan Weare

This chapter provides an introduction to the English Legal System. Specifically, it explains the meaning of the terms ‘English’, ‘legal’, and ‘system’. It first provides an overview of the constituent parts of the United Kingdom of Great Britain and Northern Ireland, namely England, Wales, Scotland, and Northern Ireland. It describes the types of law that exist and attempts to define what law is. It then discusses the English legal system, which is based on common law and is an adversarial system.

Chapter

Cover English Legal System Concentrate

1. Introduction to the English Legal System  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. This introductory chapter provides an overview of the English legal system (ELS). The study of ELS involves the study of the legal system of both England and Wales; Scotland and Northern Ireland are subject to a separate, yet connected legal system. These four countries are subjected to the laws of the UK; however, each individual constituent has devolved powers allowing them to legislate in particular areas. Where a conflict between laws of the UK and laws of the constituent country arises, the UK law takes precedence. The effect of devolution from the UK to Scotland, Wales, and Northern Ireland does not affect this parliamentary supremacy. Indeed, it has been argued for some time that devolution of power has not gone far enough in allowing Scotland or Northern Ireland to govern themselves.

Chapter

Cover The Oxford Handbook of Criminology

41. Confronting state power: dissenting voices and the demand for penal abolition  

Joe Sim

This chapter discusses dissenting voices and demands for penal abolition in line with confronting state power. It starts with the call for defunding prisons being central to the abolitionist praxis in England and Wales, which correlates to George Floyd's brutal murder by a police officer. Additionally, prosecutions add another layer to the abolitionist critique of the dangerous prisoner. Since 1970, abolitionists in England and Wales have demonstrated that another penal and social world is possible through contestation and resistance. The chapter notes the historical movement's idealistic commitment to building a better world, based on a collective, compassionate sense of social justice.

Chapter

Cover The English Legal System

1. The English Legal System  

This chapter provides an introduction to the English Legal System. Specifically, it explains the meaning of the terms ‘English’, ‘legal’, and ‘system’. It first provides an overview of the constituent parts of the United Kingdom of Great Britain and Northern Ireland, namely England, Wales, Scotland, and Northern Ireland. It describes the types of law that exist and attempts to define what law is. It then discusses the English legal system, which is based on common law and is an adversarial system.

Chapter

Cover Smith, Hogan and Ormerod's Essentials of Criminal Law

1. Introduction  

David Ormerod and John Child

This book focuses on substantive criminal law, that is, how offences such as theft and murder are defined. This introductory chapter sets in context criminal offences and defences, first by considering the basis upon which certain conduct is criminalised and other conduct is not. In continuing to set the context, the chapter goes on to consider criminal justice and criminology, criminal evidence, criminal process (including the court structure and central actors), sentencing, civil law protections, and so on. Narrowing to our focus on substantive criminal law—how offences and defences are defined—the chapter moves on to discuss the sources of criminal law, the internal structure of offences and defences, principles of the substantive criminal law, and the subjects to which it applies. Finally, the chapter introduces features on reform and legal application.

Chapter

Cover Constitutional and Administrative Law

7. The structure of the United Kingdom and devolution  

This chapter discusses the structure of the UK and devolution. It first sketches the constitutional history of the UK, presenting a brief outline of events that led to its creation, that is, the union of England, Wales, Scotland, and Northern Ireland. The chapter then examines the issue of devolution, which has been particularly important to the people of Scotland and Wales. The key provisions of the devolution legislation enacted in 1998 and more recent legislative developments are reviewed. The chapter concludes by considering the agreements between the UK Government and the devolved administrations in Scotland, Wales, and Northern Ireland, in particular the Memorandum of Understanding, and the devolution provisions in the European Union (Withdrawal) Act 2018 which facilitated Brexit.

Chapter

Cover Smith, Hogan, and Ormerod's Essentials of Criminal Law

1. Introduction  

This book focuses on substantive criminal law, that is, how offences such as theft and murder are defined. This introductory chapter sets in context criminal offences and defences, first by considering the basis upon which certain conduct is criminalised and other conduct is not. In continuing to set the context, the chapter goes on to consider criminal justice and criminology; criminal evidence; criminal process (including the court structure and central actors); sentencing; civil law protections; and so on. Narrowing to our focus on substantive criminal law—how offences and defences are defined—the chapter moves on to discuss the sources of criminal law; the internal structure of offences and defences; principles of the substantive criminal law; and the subjects to which it applies. Finally, the chapter introduces features on reform and legal application.

Chapter

Cover Business Law

3. Creating, Finding, and Applying the Law  

This chapter discusses the administration of the legal system and introduces its essential elements. It begins by identifying the various sources of law in England and Wales and continues with an examination of the roles played by the judiciary in interpreting and applying legislation. It demonstrates the active and important role adopted by judges in giving the full effect of the law. It considers the law-making process, along with the workings of the parliamentary system and the use of delegated legislation. It also considers the sources of the law to identify where laws may derive, and delineates the ‘hierarchy’ of laws in England. The chapter concludes by identifying and critiquing the ability of Parliament to delegate the responsibility of passing legislation.

Chapter

Cover Introduction to Business Law

1. The Nature of English Law  

This chapter first explains the meaning of law. It then discusses the historical development and characteristics of English law, and the different types of law (public law, private law, criminal law, and civil law). Laws are rules and regulations which govern the activities of persons within a country. In England and Wales, laws are composed of three main elements: legislation which is created through Parliament; common law; and, until the UK leaves the EU, directly enforceable EU law. This chapter also considers the terminology used for criminal prosecutions and civil actions, and outlines the legal profession in England and Wales.

Chapter

Cover Public Law

6. Multilevel Governing Within the United Kingdom  

This chapter examines multilevel governing within the UK. It is organized around three levels of governing: national, regional, and local. For most of the twentieth century, Great Britain (England, Wales, and Scotland) formed a centralized political unit, with policymaking and law-making being led by the UK government and the UK Parliament. There was devolved government in Northern Ireland from 1922, but this was brought to an end by the UK government in 1972 amid mounting civil unrest and paramilitary violence. At the local level, there are more than 400 local authorities throughout the United Kingdom. These vary considerably in size, both in terms of their territorial area that they cover and their populations.