oxford law - the faculty and its members : alexandra braun

A Braun, 'Burying the Living? The Citation of Legal Writings in English Courts' (2010) 58 American Journal of Comparative Law

A Braun, Giudici e Accademia nell'esperienza inglese. Storia di un dialogo (Mulino 2006)

English Abstract: A study of the rise of a legal academic profession in England and its relationship with the judiciary. The work investigates whether the role of legal scholarship can still be defined as one of the cardinal differences between the English and the continental legal traditions. The first part of the book traces the history of the formation of a community of legal academics in England from the nineteenth century to the present day, thereby reconstructing the role of the English universities in legal education (Chapter 1). Emphasis is placed on the impact the emergence of the community had on the development of both legal education (Chapter 2) and legal literature (Chapter 3), as well as on the transformation of English legal scholarship over the last three decades (Chapter 4). The second part of the book is dedicated to the study of the relationship between the community of legal academics and the judiciary and its development since the late nineteenth century. As well as an examination of the role and nature of the famous ‘books of authority’ (Chapter 5) and the impact of the traditional convention forbidding the ‘citation of living authors’ (Chapter 6), the second part of the book consists largely of an analysis of the way English judges communicate with the academic profession and the changes in the citation practice of English courts. Attention is also paid to the different ways legal academics assist judges in the decision-making process (Chapter 7). Furthermore, two particular branches of law, restitution and criminal law, are analysed in an attempt to show how academics have contributed to their development (Chapter 8). Finally, the developments in England are placed within the context of the role of academic lawyers in other European legal systems. This book has been reviewed in: (2008) 1 Revista Catalana de Dret Privat (Antoni Vaquer) (forthcoming) (2008) Rivista di diritto comparato pubblico ed europeo (Alessandro Torre) (forthcoming) (2008) 125 Zeitschrift für Rechtsgeschichte (Filippo Ranieri) (forthcoming) (2007) Anuario de Derecho Civil, Tomo LX, fasc. III, 1404 (Esther Arroyo i Amayuelas) (2007) 66 Cambridge Law Journal 474 (John Bell) (2007) 123 Law Quarterly Review 654 (Michele Graziadei) (2006) 55 American Journal of Comparative Law 197 (Patrick Glenn) Selected as one of the ‘Law Books of the Year 2007’ in Germany: (2007) 46 Neue Juristische Wochenschrift, 3332.

ISBN: 8815113487

A Braun, 'Revocability of Mutual Wills' in Kenneth G C Reid, Marius J de Waal and Reinhard Zimmermann (eds) (eds), Exploring the Law of Succession: Studies National, Historical and Comparative (Edinburgh Studies in Law, vol. 5, Edinburgh University Press 2007)

DOI: 10.1093/ojls/gql025

ISBN: 1464-3820

A Braun, 'Italy' in J. Glasson and G. Thomas (eds), The International Trust (2nd edn) (Jordans, Bristol 2006)