This book explores how the concept of fairness is used in different
legal fields to ensure that the laws we live under are just and
reasonable. It considers a wide range of topics, such as
constitutional law, administrative law, criminal law, contract law,
tort law, trusts law, family law, employment law, consumer law,
immigration law and tax law. Each chapter looks at the part fairness
plays in law making in these areas. This is achieved through careful
analysis of relevant legislation and judicial decisions, especially
those of the UK's Supreme Court. Questions are addressed concerning
the criteria law makers rely on – or should rely on – to determine
what is fair in any given circumstances. The book explains that laws
could be greatly improved if more attention were paid to making their
application fairer. It argues that legislation should routinely
provide judges with extensive guidance on how to go about deciding
whether a position is fair. The book is of value to anyone thinking of
undertaking a law degree or in the early stages of their legal
studies. While it touches upon John Rawls's theory of 'justice as
fairness', the emphasis throughout remains on the workability of legal
rules in practice. It equips readers with a greater understanding of
how challenging it can be to implement rules appropriately unless a
clear focus on fairness is resolutely maintained.
Les mer
Produktdetaljer
ISBN
9781509989089
Publisert
2025
Utgave
1. utgave
Utgiver
Bloomsbury UK
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter