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Mrs. E. R. Campbell A course of two classes per week throughout the year.


The aim of this subject is to explore the relationships between a changing society and its law. The period of British history 1760 to 1930 will be investigated, the time of the emergence and growth of an industrial society.

Within this framework, a critical analysis will be made of the developments in British law, especially substantive law.

Various branches of the law will be considered and students will be able to specialize in those areas of particular interest to them.


(a) Recommended for preliminary reading:

Harding, A., A Social History of English Law. (Penguin, 1966.)

Fifoot, C. H. S., Judge and Jurist in the Reign of Queen Victoria. (Stevens, 1959.)

Abel-Smith, B., and Stevens, R., Lawyers and the Courts. (Heinemann, 1967.) Plucknett, T. F. T., A Concise History of the Common Law. (5th ed., Butter-

worth, 1965.)

Potter, H., An Historical Introduction to English Law. (4th ed., Sweet &

Maxwell, 1958.)

Taylor, P. A. M. (ed.), The Industrial Revolution in Britain. (Heath, 1958.) Deane, P., and Cole, W. A., British Economic Growth, 1688-1959. (C.U.P.,


Court, W. H. B., A Concise Economic History of Britain. (C.U.P., 1965.) Chambers, J. D., The Workshop of the World. (O.U.P., 1964.)

Briggs, A., The Age of Improvement, 1783-1867. (Longmans Green, 1959.) Ensor, R. C. K., England 1870-1914. (O.U.P., 1963.)


Mowat, C. B., Britain Between the Wars, 1918-1940. (Methuen, 1964.) Trevelyan, G. M., British History in the Nineteenth Century and After: 1782-

1919. (Penguin, 1965.) (b) Recommended for Reference.

Detailed reading lists will be supplied at the beginning of the year and through- out the year.

EXAMINATION. One 3-hour paper, which will be a common paper for Pass and Honours. Students will be required to submit satisfactory written work during the year.

267. COMPARATIVE LAW A course of two classes per week throughout the year.


The main part of the course is devoted to a study of selected topics in the field of private law and administrative law of two leading Continental systems, as compared with the Common Law system. The systems chosen are those of the French Republic and the Republic of Germany. In addition the first part of the course deals with the place of Roman Law as received by the two Continental systems, with the organization of courts in these systems, and with the main princ- iples applied by those courts in deciding cases. The questions are all treated on a comparative basis.

Topics selected in the main part of the course deal firstly with the Law of Persons and the Law of Contracts, in particular, Formation of Contracts, Cause and Consideration, Gratuitous Transactions, and Contracts for the Benefit of Third Parties. The Law of Unjust Enrichment and the Law of Delicts is next dealt with, especially the questions of Negligence and Strict Liability. Finally the place of Administrative Courts and their jurisdiction is considered.

In order to gain full participation of students, their number has normally been limited to 35.


(a) Recommended for preliminary reading:

*Gutteridge, J., Comparative Law. (2nd ed., C.U.P., 1949.)

Lawson, F. H., A Common Lawyer Looks at the Civil Law. (Univ. of Michigan Law School, 1955.)

'Ryan, K. W., An Introduction to the Civil Law. (Law Book Co. of Aust., 1962.) (b) Recommended for reference:

Schlesinger, R. B., Comparative Law, Cases and Materials. (2nd ed., Brooklyn Foundation Press, 1959.)

Von Mehren, A. T., The Civil Law System. (Prentice-Hall Inc., 1957.) David R., and de Vries, H. P., The French Legal System. (Oceana Publica-

tions, 1958.)

Amos, M. S., and Walton, F. P., Introduction to French Law. (3rd ed., O.U.P., 1967.)

Manual of German Law, Vol. 1. (2nd ed., British Institute of International &

Comparative Law, 1968); Vol. 11 (H.M.S.O., 1952.)

Schuster, E. J., The Principles of German Civil Law. (Oxford. Clarendon Press, 1907.)

Dawson, J. P., Unjust Enrichment. (Little, Brown & Co., 1951.) Lawson, F. H. Negligence in the Civil Law. (O.U.P., 1950.)

Williams, L, The Sources of Law in the Swiss Civil Code. (O.U.P.,1923. ) Brown, L. N., and Garner, J. F., French Administrative Law. (Butterworth,


Roneoed materials will be supplied to students.

EXAMINATION. One 3-hour paper for Pass or for Honours respectively.


Note: Students who are taking the LL.B. degree with an Arts degree including a major in History may enrol for British History (Arts) and should consult the Arts Handbook for details of the subject.

A course of two classes per week, with tutorial classes, throughout the year.



This is a course in British constitutional history, from the middle ages to the twentieth century. It consists of studies in the history of government in England from the eleventh century; of government in Great Britain from the eighteenth century; and of British imperial relations, with special reference to North America and Australia.

Most of the course is concerned with the history of government in England and Great Britain. This involves studying, not only written constitutional laws, but also the development of political institutions and of constitutional relationships—of habits, customs, conventions of unwritten usages which have become accepted as part of the constitution. Other aspects of British history—especially economic and social changes, political thought and religion—are also studied, not for their own sake, but for the light which they throw on constitutional development.

The course also includes some examination of the development of constitutional relationships between Britain and her North American and Australian colonies in the eighteenth and nineteenth centuries, and a brief consideration of the federal constitutions adopted by the United States, Canada and Australia.

Lectures are given on all or nearly all parts of the course. Fortnightly tutorial classes are held throughout the year, some on problems of method, the remainder on selected aspects of the course. Some special classes are also held, in the second and third terms.

During the year, students are required to write either two essays (one in each of the first two terms, each essay to consist of 2,000-3,000 words) on topics to which they need to give more concentrated attention than to other parts of the course, or one such essay or a mid-year test paper (in second term) and several shorter exercises. They will be informed at the beginning of the academic year as to which of these forms their written work will take.


(a) Recommended for preliminary reading:

The Pelican History of England, Vols. 3-8.

Chrimes, S. B., English Constitutional History. (3rd ed., O.U.P., 1965.) (b) Prescribed textbook:

'Stephenson, C., and Marcham, F. G., Sources of English Constitutional History.


(e) Recommended for reference:

Maitland, F. W., A Constitutional History of England. (C.U.P)

Lyon, B., A Constitutional and Legal History of Medieval England. (Harper.) Keir, D. L., A Constitutional History of Modern Britain. (Black.)

Elton, G. R. (ed.), The Tudor Constitution. (C.U.P.)

Tanner, J. R., English Constitutional Conflicts of the Seventeenth Century.


Williams, E. N. (ed.), The Eighteenth Century Constitution. (C.U.P.) Smellie, K. B., A Hundred Years of English Government. (Duckworth.) The Cambridge History of the British Empire. (C.U.P.)

Beloff, M. (ed.), The Debate on the American Revolution, 1761-1783. (Black.) Bell, K. N., and Morrell, W. P. (ed.), Select Documents on British Colonial

Policy, 1830-I860. (O.U.P.)

Kennedy, W. P. M. (ed.), Documents of the Canadian Constitution, 1759-1915.

(O.U.P. )

Clark, C. M. H. (ed.), Select Documents in Australian History, 1788-1850;

and 1851-1900. (Angus and Robertson.) EXAMINATION

One 3-hour paper which will be a common paper for Pass and Honours.

Written work described above will be taken into account in assessing a candidate's final result.



Mr. I. D. Elliott

A course of one class a week throughout the year.


This course deals with the basic principles of the Constitution of both the States and the Commonwealth. The study embraces not only the formal constitutional docu- ments, such as the Constitution Acts of the various States, the Colonial Laws Vailidity Act, 1865, the Commonwealth of Australia Constitution Act, 1900 and the Statute of Westminster Adoption Act, 1942, but also some of the unwritten and ill-defined constitutional conventions that shape the actual working of government at both the State and Federal level. In addition, there is an analysis of some of the problems posed by the clash of the interests of the community and those of the individual;

this analysis is undertaken within the context of a discussion of the law of public meetings and processions.

In Australia, the Commonwealth Constitution allocates specific governmental powers to the Commonwealth, the residue of powers remaining with the States. This course briefly analyses the distribution of powers and the main problems facing courts in the interpretation of the Constitution. A detailed discussion of specific problems arising for interpretation under the Constitution will be reserved for the course in Advanced Constitutional Law.


(a) Recommended for preliminary reading:

Sawer, G., Australian Government Today. (7th ed., M.U.P., 1961.) Campbell, E., and Whitmore, H., Freedom in Australia. (S.U.P., 1966.) Menzies, Sir Robert, Central Power in the Australian Commonwealth. (Cassell,


(b) Prescribed textbooks:

'Sawer, G., Australian Constitutional Cases. (3rd ed., Law Book Co., 1964.)

*Commonwealth of Australia Constitution Act. ( Government Printer.) (c) Recommended for reference:

Wade, E. C. S., and Phillips, G. G., Constitutional Law. (7th ed., Longmans.


Lumb, R. D., The Constitutions of the Australian States. (2nd ed., 1965.)



K. C.,

The Constitutional Structure of the Commonwealth. U.Q.P.(O

.U.P., 1960.)

Evatt, H. V., The King and his Dominion Governors. (2nd ed., F. W. Cheshire, 1967.)

Encel, S., Cabinet Government in Australia. (M.U.P., 1962.) Sawer, G., Australian Federalism in the Courts. ( M.U.P., 1967.)

Wynes, W. A., Legislative, Executive and Judicial Powers in Australia. (3rd ed., Law Book Co., 1962.)

EIse-Mitchell, R., Essays on the Australian Constitution. (2nd


Law Book Co., 1961.)


One 3-hour paper which will be a common paper for Pass and Honours. Students may be required to submit written exercises during the year.