Lecturers: Mr. Turner and Dr. Leyser.
A course of two lectures per week, with tutorial classes throughout the year.
Correspondence tuition is available.
SYLLABUS. Law and the community. An elementary analysis of the legal system. Sources of law, custom, precedent, statute. Judicial method. Statutory interpretation.
BOOKS. (a) Recommended for preliminary reading:
Jenks, E.—The Book of English Law. (Murray, 1936.)
Baalman, J.-Outline of Law in Australia. (Law Book Co., 1947.) (b) Prescribed text-books :
Keeton. G. «--Elemenhrry Principles of Jurisprudence. (2nd ed., Pitman, 1949.)
Williams, G. L.—Learning the Law. (3rd ed., Stevens, 1951.) (c) Recommended for reference:
Paton, G. W—.4 Textbook of Jurisprudence. (2nd ed., O.U.P., 1951.) Allen, C. K.—Lain in the Making. (5th ed., O.U.P., 1951.)
Salmond, J. W. Jurisprudence. (10th ed., Sweet and Maxwell, 1947.) Pollock, F.—First Book of Jurisprudence. (6th ed., Macmillan, 1929.)
EXAMINATION.
One 3-hour paper which will be a common paper for Paso and Honours.37
JURISPRUDENCE Lecturer: Professor Derham
A course of two lectures per week throughout the Year. Correspondence tuition is available.
SYLLABUS. The schools of jurisprudence; the nature and definition of law;
law and the State; law and justice; the end of law. Fundamental juristic conceptions. An analysis of legal conceptions and a functional survey of their operation; the theory of legal method.
The lectures will be in the nature of a supplement to, and a criticise, of. the prescribed text-hooks. A knowledge of these books will he presumed. Students are required to submit an essay as prescribed at the beginning of the first term.
Essay subjects will be announced before the end of third term in the previous academic year.
BOOKS. (a) Prescribed for preliminary reading:
Salmond, J. W. Jurisprudence. (Sweet & Maxwell, 1947.)
Hunter, W. A.—Introduction to Roman Laze. (9th ed., Sweet & Maxwell, 1934.)
(b) Prescribed text-books:
*Paton, G. W. —A Text-book of Jurisprudence. (2nd ed., O.U.P., 1951.)
*Friedmann, W. G.—Legal Theory. (2nd ed., Stevens, 1949.) Allen, C. K.—Law in the Making. (5th ed., O.U.P., 1951.)
(c) Recommended for reference:
Stone,' J.—The Province and Function of Law. (1946.) Holmes, O. Wig.—The Common Law. (Little, Brown, 1938.)
Goodhart, A. L.—Essays in Jurisprudence and the Common Law. (C.U.P.) O.P.
Diamond, A. S. Primitive Law. (2nd ed., Longmans, 1950.) Allen, C. K.—Legal Duties. (O.U.P., 1931.)
Modern Theories of Law. (London School of Economics. 1933.)
Robson, W. A.—Civilisation and the Growth of Law. (Macmillan, 1935.) Jones, J. \V. Historical Introduction to the Theory of Law. (O.U.P., 1940.) Austin, J.—Jurisprudence (ed. Campbell), 2 vols. (Murray. 1920.)
Pound, R. Interpretations of Legal History. (C.U.P., 1930.) O.P.
Bodenheimer, E.—Jurisprudence. (New York, 1940.)
EXAMINATION. One 3-hour paper, for Pass or Honours res,•ectivcly-.
LAW RELATING TO EXECUTORS AND TRUSTEES Lecturer: Mr. H. R. Newton
A course of one lecture a week throughout the Year. Correspondence tuition is available to external students.
SYLLABUS. Administration of trusts; administration of the estates of deceased persons.
Boom. There is no prescribed text-hook. The following books are recom- mended for reference:
Underhill, A.—Law of Trusts and Trustees. (8th, 9th or 10th cd., Butter- worth.)
Hanhury, H. G.—Modern Equity. (4th. 5th or 6th ed., Stevens.) Ashburner, \V. Principles of Equity. (2nd ed., Butterworth.) I.ewin, T.—Trusts. (14th or 15th ed., Sweet & Maxwell.)
In addition, students should provide themselves with copies of the following Acts, which will be used in lectures:
Trustee Act, 1928.
Administration and Probate Act, 1928.
EXAMINATION. One 3-hour paper for Pass and Honour students respectively.
Students will be permitted to take into the examination Government Printer's copies of the two statutes referred to, provided that they are not marked otherwise than by underlining.
38
LEGAL HISTORY
Lecturer: Mr. H. A. J. FordA course of two lectures per v.-eek throughout the Year. Correspondence tuition is available.
SYLLABUS. (i) A detailed study of the development of judicial institutions from the Conquest to the present day, in England and Australia; (ii) An outline study of the main fields of substantive law developed in these institutions—real property law, criminal law, torts and contracts—up to 1876.
BOOKS. (a) Recommended for preliminary reading:
Hanbury, H. G.-English Courts of Law. (H.U.L.) (b) Prescribed text-books:
• \Vindeyer, W. J. V.—Lectures on Legal Ilistory. (1st or 2nd ed., Law Book Co.)
Potter, H. Historical Introduction to English Law. (2nd or 3rd ed., Sweet & Maxwell)
*Plucknett. T. F. T.—Concise history of the Common Law. (2nd, 3rd or 4th ed., Butterworth.)
Radcliffe. G. R. V., and Cross—The English Legal System. (1st or 2nd ed., Butterworth.)
(c) Recommended for reference:
Iioldsworth, W. S.—History of English Law, Vols. I-XIII. (Methuen.) Jenks, E.—Short History of English Law. (Methuen, 1928.)
Lévy-Ullmann, H.—The English Legal Tradition. (Butterworth, 1939.) Sutton, R.—Personal Actions at Common Law. (Butterworth, 1939.) Webb, T. P.—Imperial Law. (O.P.)
Maitland, F. W. Forms of Action at Common Law. (C.U.P., 1936.) Maitland, F. W.—Constitutional History of England. (C.U.P.)
Adams, G. B., and Stephens—Select Documents of English Constitutional History. (Macmillan, 1930.)
Selden Society publications, as referred to in lectures.
Stephenson, C., and Marcham—Sources of English Constitutional History.
(Harrap.)
Holdsworth, W. Essays in Law and History. (O.U.P., 1946.)
Holdsworth. V.—Historical Introduction to the Land Law. (O.U.P., 1935.) Fifoot, C. H. S.—History and Sources of the Common Law. (Stevens, 1949.) Plucknett, T. F. T.—Legislation of Edward I. (O.U.P., 1949.)
Simpson, S. P., and Stone—Cases and Readings on Law and Society. Book I, Law and Society in Evolution. (West Pub. Co., 1948.)
EXAMINATION. One 3-hour paper, for Pass or for Honours respectively.
MERCANTILE LAW
Lecturer: Mr. G. H. LushA course of two lectures per week throughout the Year. Correspondence tuition is available.
SYLLABUS.
The course will include a study of the law relating to personal property in general; sale of goods; hire purchase agreements; negotiable instru- ments; insurance; carriage by land and sea; chattel securities; bankruptcy.Boors. Recommended for reference:
Williams, J.—Principles of the Lata of Personal Property. (18th ed., Sweet &
Maxwell, 1926.)
Charlesworth, J.-Principles of ,Ifercantile Late. (7th ed., Stevens, 1949.) Byles, J. B.-Bills of Exchange. (20th ed., Sweet & Maxwell, 1939.) Russell, F. A. A., and Edwards, D. S-Bills of Exchange. (Law Book Co.,
1928.)
Coppel, E. G.—Law Relating to Bills of Sale. (Law Book Co., 1935.) Jicl)onald, Henry and Meek—Australian Bankruptcy Law and Practice.
(Law Book Co., 3rd ed., 1952.)
Chalmers, M.—Sale of Goods. (12th ed., Butterworth, 1945.) 39
Paton, G.—Bailment in the Common Law. (Stevens, 1952.)
Students must obtain copies of the following Acts, which will be used in lectures:
Goods Act (Victoria) 1928.
Partnership Act (Victoria) 1928.
Bills of Exchange Act (Commonwealth) 1909-36.
Instruments Act (Victoria) 1928.
Bankruptcy Act (Commonwealth) 1924-48.
Sea Carriage of Goods Act (Commonwealth) 1924.
EXAMINATION. One 3-hour paper; separate papers for Pass and Honours.
Students will be permitted to take into the examination Government Printer's copies of the six Statutes above referred to, if not marked otherwise than by underlining.