Law in Context

3rd edition

By Stephen Bottomley and Simon Bronitt

Law in Context critically examines the foundations of the Australian legal system and the various contexts within which the law operates and develops. It introduces students to a wide variety of perspectives, drawing on theory, politics, sociology and economics. Topics traverse structural issues relating to access to justice, adversarialism, and discrimination. The book also explores emerging themes related to regulation, the globalisation of law and terrorism.

The third edition includes three new chapters: on Law, Globalisation and Terrorism, Law and Regulation, and Race and Multiculturalism; locating the material on Law and Economics within a broader section on Law and Regulation; and revised discussion questions designed to stimulate class discussion and further independent study.

Part A - Law in a Political Context

Introduction

Law's Blueprints: The Political and Philosophical Foundations of Law

Formalism and the Rule of Law

Part B - The Processes of Law

Access to Justice

Litigation

Lawyers, Clients and Ethics

The Politics of Law-Making

Gender

Race and Multiculturalism

Part C - Law and Regulation

Law and Regulation

Foundations of Economic Analysis

Economics and the Common Law

Economics and Government Regulation

Law, Globalism and Terrorism

REVIEWS

Law in Context is easy to read and represents a wonderful teaching tool for universities attempting to encourage more critical and socially aware law graduates. Apart from use by students, the book is a helpful first reference for anyone who has an interest in the philosophy and values that underpin the legal system in this society.

Law Institute Journal (Victoria), October 2005

This is a stimulating book which challenges the reader to consider the law beyond its “black letter” operation. It demonstrates how law develops “in context”.

The first section detals with law in a political context, the second with the processes of law and the final section with law and regulation.

The authors sometimes pose the question of whether a societal problem requires a legal solution. More often they look at the influences on the lawmaker and whether the law as introduced operates in a just way according to the liberal tenets of the authors.

Law Letter (Journal of the Law Society of Tasmania), Winter 2007

The book’s goal is to introduce first year law students to the assumptions, arguments and limitations of every theory from Chicago School economics to cultural feminism, all the while tying each concept back to the student’s (generally minimal) prior study of law.

Given the enormity of the task, the authors have been astonishingly successful. Readers are offered a myriad of ways to conceptualise, contextualise and criticise the system in which we all operate, and the information in this text is an invaluable part of any undergraduate law curriculum.

The chapter on Gender is outstanding, as is Formalism and the Rule of Law. Memorable extracts are used throughout to explain complex theories and to illustrate the unintended consequences of the law in a way that only real-world examples can.

Ethos (Law Society of the ACT), Summer 2006

Life is full of dilemmas, tensions, and competing guideposts. ‘Look before you leap,’ clamours one proverb; ‘he who hesitates is lost,’ responds another. The antinomy is not trivial. Like law in isolation versus law in context, or law as a profession versus law as an intellectual discipline, neither guidepost can tell the whole story. Neither is true; yet both are true. Ultimately, we must exercise judgment and choose that which is appropriate in the circumstances.

This excellent book will help you make that choice. It will give you many ways to think about law - many ways to conceptualise it, contextualise it, and criticise it. The authors are … not afraid to express a point of view. Yet, if you take the real message of this book, you will not necessarily agree with them. You will apply your own mind to the issues. You will expose their predilections and challenge their points of view. You will begin to supply your own answer to the question, ‘what is law?’

Professor Michael Coper, Dean & Robert Garran Professor of Law, The Australian National University

Published 30 March 2006
Publisher The Federation Press
Paperback/436pp
ISBN 9781862873414
Australian RRP $66.00
Direct Price $60.00
International Price $60.00
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