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Judge and Jurist – Essays in Memory of Lord Rodger of Earlsferry | Oxford Scholarship Online
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Judge and Jurist: Essays in Memory of Lord Rodger of Earlsferry

Andrew Burrows, David Johnston, QC, and Reinhard Zimmermann

Abstract

Lord Rodger of Earlsferry was a distinguished judge and scholar. He was a Justice of the Supreme Court of the United Kingdom and the author of many high quality law journal articles and two books. Written in memory of Lord Rodger, this book contains forty-seven chapters by Lord Rodger's friends and colleagues from the UK and Europe. The chapters reflect Lord Rodger's role as a leading judge and also his wide-ranging academic interests including Roman law, Scots law, legal history, and a miscellany of other topics. The contributors to this volume are leading academics or judges, and a particula ... More

Keywords: Lord Rodger of Earlsferry, judge, Supreme Court, Roman law, Scots law, legal history, Lord Advocate

Bibliographic Information

Print publication date: 2013 Print ISBN-13: 9780199677344
Published to Oxford Scholarship Online: September 2013 DOI:10.1093/acprof:oso/9780199677344.001.0001

Authors

Affiliations are at time of print publication.

Andrew Burrows, editor
Professor of the Law of England, University of Oxford, and Fellow of All Souls College

David Johnston, QC, editor
Axiom Chambers, and honorary professor at the University of Edinburgh

Reinhard Zimmermann, editor
Director of the Max Planck Institute for Comparative and International Private Law, Hamburg, and Professor of Roman Law and Legal History, Bucerius Law School

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Contents

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Part I Tributes to Lord Rodger

Part II Lord Rodger in the house of Lords and Supreme Court

5 Dissenting Judgments

Lord Brown of Eaton-under-Heywood *

7 Lord Rodger’s Mental Health Law

Baroness Hale of Richmond *

8 Fairchild and After

Lord Hoffmann *

9 Lord Rodger’s Notebooks

Lord Hope of Craighead *

12 ‘Strasbourg Has Spoken’

Lord Phillips of Worth Matravers *

14 Lord Rodger and Statute Law

Lord Walker of Gestingthorpe *

Part III Roman Law and Roman Legal History

16 Damaging a Slave

Paul J du Plessis *

27 Jurisdiction in Urso

Joseph Georg Wolf *

Part IV Scots Law and Scottish Legal History

31 Lawyer for All Time

David L Carey Miller *

35 Communis error facit ius

William M Gordon *

Part V New Perspectives on Recurring Themes

42 Faith, Trust, and Charity

Joshua Getzler *

44 Trees and Neighbours

Birke Häcker *

47 Legislating in Vain

William Swadling *