Nicholas McBride – författare

What does it take to succeed as a law student? This book will show you how.  Voted one of the top 6 books that all future law students should read by The Guardian’s studying law website*, Letters to a Law Student is packed full of practical advice and helpful answers to the most common questions about studying law at University across every stage of taking, or thinking about taking, a law degree.  Discover: ·    Whether reading law at University is the right thing for you;·    What law students do;·    How to get the best marks in exams;·    Tips on coping with the challenges of studying law;·    What you can do with a law degree; ·    The way in which qualifying as a solicitor is set to change in the future,  … and much more.  Nicholas J. McBride is a Fellow of Pembroke College, Cambridge.    *http://www.theguardian.com/law/2012/aug/08/six-best-law-books

This book provides an account of the most important and controversial aspects of the principle of legality in the United Kingdom. The principle of legality describes a method of statutory interpretation that empowers courts to prevent fundamental common law values from being overridden by unclear legislation. However, it makes more sense to think of multiple principles of legality, rather than a single concept.The book provides a fresh and detailed perspective on a controversial aspect of the common law. It will be useful for students of law and politics, legal practitioners and scholars. It explores the many complexities surrounding the historical origins, fields of application, mode of operation, and subject matter of the principle of legality. Despite its long history, the term ‘principle of legality’ only began to be used in public law cases towards the end of the twentieth century. More recently, judicial references to the principle of legality in high profile constitutional law cases have fuelled broader concerns about judicial overreach. The book argues that these concerns are unfounded, and deeper principles of legality are required.

Learn the skills it takes to succeed as a law graduate with this essential text.

Letters to a Law Student, 5th edition, Global Edition by Nicholas J McBride, provides a thorough introductory guide to higher education and learning context for law studies. Voted in the top 6 books that future law students should read, it is an approachable and easy-to-follow guidebook. The text flows as a series of letters between a lecturer and aspiring student, divided into chronological parts from thinking about a law degree to preparing to study law, studying law, writing like a lawyer, and thinking about the future.

McBride adds practical advice throughout the book, supporting your transition from school to studying law as a first-year undergraduate. The 5th edition helps to build confidence and encourages the essential study and legal skills you will need to succeed. Packed with new and revised material, Letters to a law student remains a current and helpful reference.

This text is a great companion for general law modules on skills, legal system, jurisprudence and law, government, and society to keep you thinking critically, analysing and understanding the law.

For students studying tort law at undergraduate or postgraduate level. Understand tort law like professionals with this accessible text.Written by two leading scholars, Tort Law, 7th edition, provides a comprehensive and easily accessible account of all areas of tort law, as well as discussion of the key academic debates and literature in this subject. It is ideal for use by anyone studying tort law or private law at undergraduate or postgraduate level.

Letters to a Law Student is an industry-leading text with built-in resources and worked examples to help you transition from university to your first year of law school. Practical and easy to read, it flows as a series of letters covering the chronological journey of a law student. By promoting critical analysis of the law, the text serves as a valuable companion to general law modules covering skills, the legal system and more.

The 6th Edition has been updated to take account of the state of legal education today, with new chapters on AI and doing coursework and dissertations, while also providing readers with a wealth of practical advice on all aspects of studying law. Debates around political and legal principles, such as the nature of law, the scope of free speech and the harm principle, are fully covered.

Help your students begin to understand tort law like professionals with this accessible text.

Written by two leading scholars, Tort Law, 7th edition,provides a comprehensive and easily accessible account of all areas of tort law, as well as discussion of the key academic debates and literature in this subject. It is ideal for use by anyone studying tort law or private law at undergraduate or postgraduate level.

This textbook is an ambitious and engaging introduction to the more advanced writings on Jurisprudence, primarily designed to allow students to ‘get under the skin’ of the topic and begin to build their critical thinking and analysis skills. Each chapter is structured around key questions and debates that provoke deeper thought and, ultimately, a clearer understanding. The aim of the book is therefore not to present a complete overview of theoretical issues in Jurisprudence, but rather to illustrate the current debates which are currently going on among those working in shaping the area. The text features summaries of the views of notable experts on key topics and each chapter ends with a list of guided further reading.A perfect book for students taking a module in jurisprudence, or for those wanting to deepen their knowledge.New to this Edition:- New debates on the nature and legitimacy of global justice, and the binding force of precedent.- Incorporates discussion of new contributions to jurisprudential writing by Mark Greenberg, Scott Hershowitz, David Howarth and Shona Stark, Matthew Kramer, Frederick Schauer, and Jeremy Waldron.- Includes substantially revised chapters on 'The nature of jurisprudence' and 'Morality and rights'

This textbook is an ambitious and engaging introduction to the more advanced writings on Jurisprudence, primarily designed to allow students to ''get under the skin'' of the topic and begin to build their critical thinking and analysis skills. Each chapter is structured around key questions and debates that provoke deeper thought and, ultimately, a clearer understanding. The aim of the book is therefore not to present a complete overview of theoretical issues in Jurisprudence, but rather to illustrate the current debates which are currently going on among those working in shaping the area. The text features summaries of the views of notable experts on key topics and each chapter ends with a list of guided further reading.A perfect book for students taking a module in jurisprudence, or for those wanting to deepen their knowledge.New to this Edition:- New debates on the nature and legitimacy of global justice, and the binding force of precedent.- Incorporates discussion of new contributions to jurisprudential writing by Mark Greenberg, Scott Hershowitz, David Howarth and Shona Stark, Matthew Kramer, Frederick Schauer, and Jeremy Waldron.- Includes substantially revised chapters on ''The nature of jurisprudence'' and ''Morality and rights''

This book introduces the reader to a number of ideas and issues that underlie the English law of contract—an area of law that is often regarded as forbiddingly dry and technical but which is here made easy to understand and full of interest.Taking as its starting point the role contract law plays in helping markets to operate, the book explains how contract law regulates the commercial risks people take, while at the same time placing limits on what may be bought and sold, and ensuring that contractual powers are not unacceptably abused. A final chapter discusses how contract law can be used to make gifts of binding promises to other people. The book provides a rigorous and stimulating journey through the ideas underpinning contract law and is essential reading for anyone with an interest in the subject.‘Clearly written and bursting with interesting and novel ideas, this lively book will be a great resource for anyone interested in Contract Law.’Paul S Davies, Professor of Commercial Law, University College London

This book introduces the reader to a number of ideas and issues that underlie the English law of contract-an area of law that is often regarded as forbiddingly dry and technical but which is here made easy to understand and full of interest.Taking as its starting point the role contract law plays in helping markets to operate, the book explains how contract law regulates the commercial risks people take, while at the same time placing limits on what may be bought and sold, and ensuring that contractual powers are not unacceptably abused. A final chapter discusses how contract law can be used to make gifts of binding promises to other people. The book provides a rigorous and stimulating journey through the ideas underpinning contract law and is essential reading for anyone with an interest in the subject.''Clearly written and bursting with interesting and novel ideas, this lively book will be a great resource for anyone interested in Contract Law.''Paul S Davies, Professor of Commercial Law, University College London

This book offers nine key ideas about tort law that will help the reader to understand its various social functions and evaluate its effectiveness in performing those functions. The book focuses, in particular, on how tort law can guide people’s behaviour, and the political and social environments within which it operates. It also provides the reader with a wealth of detail about the ideas and values that underlie tort ‘doctrine’—tort law’s rules and principles, and the way those rules and principles operate in practice. The book is an accessible introduction to tort law that will provide students, scholars and practitioners alike with a fresh and engaging view of the subject.‘In this masterful and engaging survey, Peter Cane provides an array of illuminating perspectives on the law of torts, laying bare its nature, structure and functions, as well as its legal, social and political context.’Andrew Robertson, Professor of Law, Melbourne Law School

This book examines how constitutions, and the UK's in particular, emerge from disagreement and power tussles.Tensions arise over both distribution and use of powers. A constitution seeks a degree of stability, but also adjusts dynamically to social, economic, military and political events and changing expectations of the state and what makes it legitimate. To show how these processes work, the book illustrates how different kinds of power are allocated between state institutions at different levels of government, how they are distributed between institutions at the same level of government, and some of the values which animate the relationships between institutions. To understand the nature of constitutional practices and rules, the book compares the UK's constitution with aspects of other countries' constitutional accommodations.It is hoped that people embarking on the study or practice of law, politics or government will find this useful, and that more established practitioners, scholars and general readers will also find it interesting.

The Humanity of Private Law presents a new way of thinking about English private law. Making a decisive break from earlier views of private law, which saw private law as concerned with wealth-maximisation or preserving relationships of mutual independence between its subjects, the author argues that English private law’s core concern is the flourishing of its subjects.THIS VOLUME- presents a critique of alternative explanations of private law;- defines and sets out the key building blocks of private law;- sets out the vision of human flourishing (the RP) that English private law has in mind in seeking to promote its subjects’ flourishing;- shows how various features of English private law are fine-tuned to ensure that its subjects enjoy a flourishing existence, according to the vision of human flourishing provided by the RP;- explains how other features of English private law are designed to preserve private law’s legitimacy while it pursues its core concern of promoting human flourishing;- defends the view of English private law presented here against arguments that it does not adequately fit the rules and doctrines of private law, or that it is implausible to think that English private law is concerned with promoting human flourishing.A follow-up volume will question whether the RP is correct as an account of what human flourishing involves, and consider what private law would look like if it sought to give effect to a more authentic vision of human flourishing.The Humanity of Private Law is essential reading for students, academics and judges who are interested in understanding private law in common law jurisdictions, and for anyone interested in the nature and significance of human flourishing.

The Humanity of Private Law presents a new way of thinking about English private law. Making a decisive break from earlier views of private law, which saw private law as concerned with wealth-maximisation or preserving relationships of mutual independence between its subjects, the author argues that English private law''s core concern is the flourishing of its subjects.THIS VOLUME- presents a critique of alternative explanations of private law;- defines and sets out the key building blocks of private law;- sets out the vision of human flourishing (the RP) that English private law has in mind in seeking to promote its subjects'' flourishing;- shows how various features of English private law are fine-tuned to ensure that its subjects enjoy a flourishing existence, according to the vision of human flourishing provided by the RP;- explains how other features of English private law are designed to preserve private law''s legitimacy while it pursues its core concern of promoting human flourishing;- defends the view of English private law presented here against arguments that it does not adequately fit the rules and doctrines of private law, or that it is implausible to think that English private law is concerned with promoting human flourishing.A follow-up volume will question whether the RP is correct as an account of what human flourishing involves, and consider what private law would look like if it sought to give effect to a more authentic vision of human flourishing.The Humanity of Private Law is essential reading for students, academics and judges who are interested in understanding private law in common law jurisdictions, and for anyone interested in the nature and significance of human flourishing.

The Humanity of Private Law presents a new way of thinking about English private law. Making a decisive break from earlier views of private law, which saw private law as concerned with wealth-maximisation or preserving relationships of mutual independence between its subjects, the author argues that English private law''s core concern is the flourishing of its subjects.THIS VOLUME- presents a critique of alternative explanations of private law;- defines and sets out the key building blocks of private law;- sets out the vision of human flourishing (the RP) that English private law has in mind in seeking to promote its subjects'' flourishing;- shows how various features of English private law are fine-tuned to ensure that its subjects enjoy a flourishing existence, according to the vision of human flourishing provided by the RP;- explains how other features of English private law are designed to preserve private law''s legitimacy while it pursues its core concern of promoting human flourishing;- defends the view of English private law presented here against arguments that it does not adequately fit the rules and doctrines of private law, or that it is implausible to think that English private law is concerned with promoting human flourishing.A follow-up volume will question whether the RP is correct as an account of what human flourishing involves, and consider what private law would look like if it sought to give effect to a more authentic vision of human flourishing.The Humanity of Private Law is essential reading for students, academics and judges who are interested in understanding private law in common law jurisdictions, and for anyone interested in the nature and significance of human flourishing.

Part II of The Humanity of Private Law charts a new course for English private law in the twenty-first century. Part I set out the vision of human flourishing that English private law has in mind in seeking to promote its subjects’ flourishing. Part II argues in favour of a very different account of what human flourishing involves, and explains what private law would look like were it to base itself on this alternative vision of the nature of human flourishing. This volume:sets out and evaluates different models of what human flourishing involves;argues in favour of the view that human flourishing involves being engaged in a quest to lead a truthful life;explains in what ways a private law that sought to foster this distinctive vision of human flourishing would be different from English private law in its current state, in particular with regard to: (i) tackling fraud; (ii) promoting freedom of speech; (iii) preserving attention capacities; (iv) protecting people from being subjected to degrading or hateful treatment; and (v) enabling people to make a fresh start in their lives; and,considers whether and when it would be legitimate for the courts to transform English private law in the ways suggested in this volume. Part II of The Humanity of Private Law is a radical and prophetic book that is essential reading for anyone who is interested in understanding the contribution private law can make to our living in a society that promotes the flourishing of all its members.

Part II of The Humanity of Private Law charts a new course for English private law in the twenty-first century. Part I set out the vision of human flourishing that English private law has in mind in seeking to promote its subjects'' flourishing. Part II argues in favour of a very different account of what human flourishing involves, and explains what private law would look like were it to base itself on this alternative vision of the nature of human flourishing. This volume: sets out and evaluates different models of what human flourishing involves; argues in favour of the view that human flourishing involves being engaged in a quest to lead a truthful life; explains in what ways a private law that sought to foster this distinctive vision of human flourishing would be different from English private law in its current state, in particular with regard to: (i) tackling fraud; (ii) promoting freedom of speech; (iii) preserving attention capacities; (iv) protecting people from being subjected to degrading or hateful treatment; and (v) enabling people to make a fresh start in their lives; and, considers whether and when it would be legitimate for the courts to transform English private law in the ways suggested in this volume. Part II of The Humanity of Private Law is a radical and prophetic book that is essential reading for anyone who is interested in understanding the contribution private law can make to our living in a society that promotes the flourishing of all its members.

Part II of The Humanity of Private Law charts a new course for English private law in the twenty-first century. Part I set out the vision of human flourishing that English private law has in mind in seeking to promote its subjects'' flourishing. Part II argues in favour of a very different account of what human flourishing involves, and explains what private law would look like were it to base itself on this alternative vision of the nature of human flourishing. This volume: sets out and evaluates different models of what human flourishing involves; argues in favour of the view that human flourishing involves being engaged in a quest to lead a truthful life; explains in what ways a private law that sought to foster this distinctive vision of human flourishing would be different from English private law in its current state, in particular with regard to: (i) tackling fraud; (ii) promoting freedom of speech; (iii) preserving attention capacities; (iv) protecting people from being subjected to degrading or hateful treatment; and (v) enabling people to make a fresh start in their lives; and, considers whether and when it would be legitimate for the courts to transform English private law in the ways suggested in this volume. Part II of The Humanity of Private Law is a radical and prophetic book that is essential reading for anyone who is interested in understanding the contribution private law can make to our living in a society that promotes the flourishing of all its members.

This book shows how the mainstream doctrines of substantive criminal law map onto certain key underlying (and overlapping) principles. These principles are: legitimate criminalisation, accountability, culpability, moral responsibility and wrongdoing.

This book provides an in-depth and easy to understand account of a subject that students often find dauntingly difficult to master. The opening chapter sets out some definitions of what a trust is, and goes on to clearly explain the history of trusts law and how both trusts law and the roles played by trusts have changed over time. Different types of trust (trusts for persons, charitable and non-charitable purpose trusts, express trusts, constructive trusts, and resulting trusts) are explored in detail over the following two chapters. The fourth chapter sets out the law on when someone will commit a breach of trust and what remedies will be available when such a breach is committed; the obscure and intimidating terminology that affects this area of law is explained and made easy to use. A concluding chapter explores the harms caused by trusts law, particularly through its use to store wealth in tax havens abroad, and considers possibilities for reforming the law to mitigate those harms. With references to almost 150 books and articles, and almost 150 cases, this book will save students a huge amount of time in terms of developing a sophisticated knowledge of the past, present and potential futures of trusts law both in England & Wales, and across the world, as well as the academic and judicial debates that surround this area of law.

This book provides an in-depth and easy to understand account of a subject that students often find dauntingly difficult to master. The opening chapter sets out some definitions of what a trust is, and goes on to clearly explain the history of trusts law and how both trusts law and the roles played by trusts have changed over time. Different types of trust (trusts for persons, charitable and non-charitable purpose trusts, express trusts, constructive trusts, and resulting trusts) are explored in detail over the following two chapters. The fourth chapter sets out the law on when someone will commit a breach of trust and what remedies will be available when such a breach is committed; the obscure and intimidating terminology that affects this area of law is explained and made easy to use. A concluding chapter explores the harms caused by trusts law, particularly through its use to store wealth in tax havens abroad, and considers possibilities for reforming the law to mitigate those harms. With references to almost 150 books and articles, and almost 150 cases, this book will save students a huge amount of time in terms of developing a sophisticated knowledge of the past, present and potential futures of trusts law both in England & Wales, and across the world, as well as the academic and judicial debates that surround this area of law.

This book provides an in-depth and easy to understand account of a subject that students often find dauntingly difficult to master. The opening chapter sets out some definitions of what a trust is, and goes on to clearly explain the history of trusts law and how both trusts law and the roles played by trusts have changed over time. Different types of trust (trusts for persons, charitable and non-charitable purpose trusts, express trusts, constructive trusts, and resulting trusts) are explored in detail over the following two chapters. The fourth chapter sets out the law on when someone will commit a breach of trust and what remedies will be available when such a breach is committed; the obscure and intimidating terminology that affects this area of law is explained and made easy to use. A concluding chapter explores the harms caused by trusts law, particularly through its use to store wealth in tax havens abroad, and considers possibilities for reforming the law to mitigate those harms. With references to almost 150 books and articles, and almost 150 cases, this book will save students a huge amount of time in terms of developing a sophisticated knowledge of the past, present and potential futures of trusts law both in England & Wales, and across the world, as well as the academic and judicial debates that surround this area of law.

Prompted by the events following the 2016 referendum on EU membership and written during the COVID-19 pandemic by one of the leading public lawyers of our day, this book considers two key constitutional principles, the rule of law and separation of powers, by examining the generality, certainty and predictability of law, relations between the different branches of the state, and the mechanisms of accountability within our democracy.Since the referendum and in the light of the restrictions imposed to deal with the pandemic, and the use of guidelines presented as rules to do so, attention has refocused on the relationship and respective powers and competences of the three branches of the state, the legislature, the executive, and the judiciary. They have also placed strains on our unwritten constitution that have been unknown in modern times.The role of the courts and of the rule of law, has been dramatically illustrated by recent litigation, most notably the decisions on whether legislation was needed to serve notice of the UK's intention to leave the EU and whether the prorogation of the Westminster Parliament in 2019 was a matter for the courts as opposed to a political question for government.Set against this backdrop, the book answers the following questions:- How accessible is the law and how does it avoid arbitrariness?- How is access to justice protected?- How does our constitution reflect the separation of powers and the balance of responsibilities between law and politics?- How does our democracy enable majorities and protect minorities?

‘Students will find this work stimulating, engaging and enlightening. Practitioners in commercial law will find nuanced and insightful articulations of their stock-in-trade.’ Sir David Foxton, Judge in Charge of the Commercial CourtThis book unpacks the themes and controversies that pervade commercial law. Commercial parties trade in three things: property, services and credit. In all but the most basic of businesses, a commercial enterprise must have more than one individual empowered to transact on its behalf.The rules at the heart of commercial law are those that govern when and how a person can bargain for property, services and credit, and to acquire, dispose of, and create interests in assets. Many of these are default rules, which the parties can vary by agreement. Other rules – such as those concerning the priority of competing title claims to assets – are mandatory. Commercial law also involves the taking and allocation of two types of risk: the risk of inadequate or non-performance of agreed obligations, and the risk that counterparties will lack the means to pay what is owed.This book explores the key ideas in commercial law through these five topics: trade, transacting, title, performance risk, and credit risk.

The Humanity of Private Law presents a new way of thinking about English private law. Making a decisive break from earlier views of private law, which saw private law as concerned with wealth-maximisation or preserving relationships of mutual independence between its subjects, the author argues that English private law’s core concern is the flourishing of its subjects.THIS VOLUME- presents a critique of alternative explanations of private law;- defines and sets out the key building blocks of private law;- sets out the vision of human flourishing (the RP) that English private law has in mind in seeking to promote its subjects’ flourishing;- shows how various features of English private law are fine-tuned to ensure that its subjects enjoy a flourishing existence, according to the vision of human flourishing provided by the RP;- explains how other features of English private law are designed to preserve private law’s legitimacy while it pursues its core concern of promoting human flourishing;- defends the view of English private law presented here against arguments that it does not adequately fit the rules and doctrines of private law, or that it is implausible to think that English private law is concerned with promoting human flourishing.A follow-up volume will question whether the RP is correct as an account of what human flourishing involves, and consider what private law would look like if it sought to give effect to a more authentic vision of human flourishing.The Humanity of Private Law is essential reading for students, academics and judges who are interested in understanding private law in common law jurisdictions, and for anyone interested in the nature and significance of human flourishing.

This book provides a short and clear guide to key ideas which underpin the UK tax code and illustrates the wider political and economic issues students need to know about when studying tax law. Some of these key ideas are controversial and the subject of much discussion and debate.The book explains the key issues that are of fundamental juristic and philosophical importance and are common to tax codes throughout the world:What is a 'tax'? Is it different to a civil or criminal penalty?Why does this matter?Is 'taxation' necessarily a public law concept?Does the concept of ’taxation’ attract constitutional considerations? Why? How do the answers to these questions play out when courts have to interpret tax provisions? Readers will come away with a clear understanding of the architecture of the UK tax code, despite its (very real) complexity.

This textbook is an ambitious and engaging introduction to the more advanced writings on Jurisprudence, primarily designed to allow students to ''get under the skin'' of the topic and begin to build their critical thinking and analysis skills. Each chapter is structured around key questions and debates that provoke deeper thought and, ultimately, a clearer understanding. The aim of the book is therefore not to present a complete overview of theoretical issues in Jurisprudence, but rather to illustrate the current debates which are currently going on among those working in shaping the area. The text features summaries of the views of notable experts on key topics and each chapter ends with a list of guided further reading.A perfect book for students taking a module in jurisprudence, or for those wanting to deepen their knowledge.New to this Edition:- New debates on the nature and legitimacy of global justice, and the binding force of precedent.- Incorporates discussion of new contributions to jurisprudential writing by Mark Greenberg, Scott Hershowitz, David Howarth and Shona Stark, Matthew Kramer, Frederick Schauer, and Jeremy Waldron.- Includes substantially revised chapters on ''The nature of jurisprudence'' and ''Morality and rights''

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.

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.