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Ecclesiastical Law, Clergy and Laity: A History of Legal Discipline and the Anglican Church
The Journal of Legal History ( IF 0.6 ) Pub Date : 2019-01-02 , DOI: 10.1080/01440365.2019.1576369
Charlotte Smith 1
Affiliation  

caused problems of the type with which these legislative interventions were intended to deal. For example, very often one or both parties might be killed, there was often fault on both sides, and several vehicles might be involved. Overall, the book is a valuable contribution to the literature in the field and there is some very useful material and some important insights. Although each chapter in the thematic part ends with a brief summary and some general observations on potential overarching themes, more could have been made of this. Moreover, the analysis of the later nineteenth and early twentieth century jurisprudential debates on the nature of tort appears as rather a standalone chapter and it would have been useful to see how these debates were played out, if at all, in the case law analysed in the main body of the work. Similarly, the final part of the book on law reform is extremely interesting and contains many nuggets of historical detail; although, once again, it appears as rather a standalone section and one wonders whether it might have been condensed and rolled into the chapter on roads. Finally, the elephant in the room is Donoghue v Stevenson [1932] AC 562, the case which nearly all students would immediately think of if asked to name a case from this timeframe. Although the case is mentioned several times in passing it is not one of the featured cases. Mitchell explains why this is the case and asserts that the case did not have a major effect on the law at the time. It is indeed the case that Donoghue has been done to death and there is little more that can be said about it. It is also true that the case had a ‘slow burn’ effect and did not really come to the fore until years later when the house of lords was suddenly overcome with a desire for principle. However, one might argue that the case had a role to play in the context of manufacturers’ liability and consumer protection which might have been a useful additional theme for the book to cover.

中文翻译:

教会法、神职人员和平信徒:法律纪律和英国圣公会的历史

造成了这些立法干预旨在处理的类型的问题。例如,很多时候可能会导致一方或双方死亡,通常双方都有过错,并且可能涉及几辆车。总的来说,这本书对该领域的文献做出了宝贵的贡献,并且有一些非常有用的材料和一些重要的见解。尽管主题部分的每一章都以一个简短的总结和对潜在的总体主题的一些一般性意见结束,但本可以做更多的事情。此外,对 19 世纪后期和 20 世纪早期关于侵权行为性质的法理学辩论的分析似乎是一个独立的章节,如果有的话,看看这些辩论是如何在判例法中进行分析是有用的。作品的主体。相似地,关于法律改革的书的最后一部分非常有趣,包含许多历史细节;尽管它再次看起来是一个独立的部分,人们想知道它是否可能已被压缩并纳入道路章节。最后,房间里的大象是 Donoghue v Stevenson [1932] AC 562,如果要求从这个时间范围内命名一个案例,几乎所有学生都会立即想到这个案例。尽管此案被多次提及,但它不是特色案例之一。米切尔解释了为什么会这样,并声称该案对当时的法律没有重大影响。确实如此,多诺霍已经被处死,对此几乎无话可说。确实,此案具有“缓慢燃烧”的效果,直到多年后上议院突然被对原则的渴望所征服时才真正脱颖而出。然而,有人可能会争辩说,该案例在制造商责任和消费者保护的背景下可以发挥作用,这可能是本书涵盖的一个有用的附加主题。
更新日期:2019-01-02
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