Gardner, Introduction to the <strong>Law</strong> <strong>of</strong> Trusts (2nd ed 2003) orHayton, <strong>Law</strong> <strong>of</strong> Trusts (4th ed 2003)The following are generally relevant reference works:Conaglen, Fiduciary Loyalty (2010)Finn (ed), Equity and Commercial Relationships (1987)Finn (ed), Essays in Equity (1985)Finn, Fiduciary Obligations (1977)Fratcher, Scott on Trusts (4th ed 1989)Glasson (ed), The International Trust (2002)Hayton (ed), Modern International Developments in Trust <strong>Law</strong> (1999)Hayton, Underhill and Hayton, <strong>Law</strong> <strong>of</strong> Trusts and Trustees (17th ed 2007)Hayton (ed), Extending the Boundaries <strong>of</strong> Trusts and Similar Ring-Fenced Assets (2002)Heydon and Leeming, Jacob’s <strong>Law</strong> <strong>of</strong> Trusts in Australia (7th ed 2006)Mowbray et al., Lewin on Trusts, (17th ed 2000)Oakley (ed), Trends in Contemporary Trust <strong>Law</strong> (1996)Parker and Mellows, Modern <strong>Law</strong> <strong>of</strong> Trusts (9th ed 2008)Shepherd, <strong>Law</strong> <strong>of</strong> Fiduciaries (1981)Reports:<strong>Law</strong> Commission, Trustees’ Powers and Duties (CP 146)<strong>Law</strong> Commission, Trustee Exemption Clauses (LC 301)PAPER 33. COMPARATIVE FAMILY LAW AND POLICYThis course <strong>of</strong>fers students the opportunity to study the principles and policies underlying modern family law, at a levelwhich is not possible in an undergraduate family law course. A comparative approach is adopted for most topics and theincreasingly relevant international dimension in family law is also explored. It is an aim <strong>of</strong> the course that family lawshould be seen in its wider social context and students are encouraged to make use <strong>of</strong> materials other than the traditionalstatutory and judicial materials. The course is sufficiently flexible to allow attention to be given to issues <strong>of</strong> immediaterelevance or particular topical interest. The areas to be covered in 2010-2011, and order <strong>of</strong> seminars, are expected to bethe following:1. Introductory meeting: overview <strong>of</strong> the course.2. Legal regulation <strong>of</strong> adult relationships.3. Same-sex partnerships.4. Gender.5. Domestic violence.6. Divorce.7. Family property and finances.8. Child support.9. Property and financial consequences <strong>of</strong> cohabitation breakdown.10. Marital agreements and other family contracts.11. Succession.12. The elderly.108
13. Parenthood and parental responsibility.14. Private law disputes relating to children.15. Child protection.16. The child in international law.READINGDetailed reading lists are issued during the course. The Squire <strong>Law</strong> Library and the <strong>University</strong>’s electronic resourcescover a wealth <strong>of</strong> international, comparative and national family law materials to which students will be referred, includingthe Commission <strong>of</strong> European Family <strong>Law</strong>’s growing series <strong>of</strong> comparative studies and its recommendations <strong>of</strong> Europeanprinciples <strong>of</strong> family law; the International Society <strong>of</strong> Family <strong>Law</strong>’s conference proceedings; the annual InternationalSurvey <strong>of</strong> Family <strong>Law</strong>; the International Journal <strong>of</strong> <strong>Law</strong>, Policy and the Family, the journal International Family <strong>Law</strong>; and arange <strong>of</strong> national law textbooks and family law journals from several jurisdictions.Students wishing to acquire knowledge <strong>of</strong> English family law may wish to consult Harris-Short and Miles, Family <strong>Law</strong>:Text, Cases, and Materials (2007), regularly updated via its companion website:http://www.oup.com/uk/orc/bin/9780199277162/ or Herring, Family <strong>Law</strong> (4th ed 2009).Shorter works include Douglas, An Introduction to Family <strong>Law</strong> and/or Probert, Cretney’s Family <strong>Law</strong>.Other useful texts include:Choudhry and Herring, Human Rights and Family <strong>Law</strong>Herring, Older People in <strong>Law</strong> and SocietyKatz, Eekelaar and MacLean (eds), Cross Currents: Family <strong>Law</strong> and Policy in the US and EnglandKilkelly, The Child and the European Convention on Human RightsScherpe and Yassari (eds), The Legal Status <strong>of</strong> Cohabitants (a comparative survey)Scherpe (ed), Marital Agreements in Comparative Perspective (forthcoming 2010)PAPER 34. PHILOSOPHY OF CRIMINAL LAWThe course is designed to explore some <strong>of</strong> the principles and doctrines underlying the criminal law. In particular, it seeksto introduce students to the philosophical (and particularly, ethical) problems that criminal law raises, and to which legalsystems presuppose certain answers. Those answers are variously criticised and defended in the course, and theprincipal aim <strong>of</strong> the course is to impart a sense <strong>of</strong> the philosophical complexity <strong>of</strong> the criminal law, especially whenconsidering two facets central to criminal law:1. The justification for and scope <strong>of</strong> the criminal sanction and questions <strong>of</strong> quanta <strong>of</strong> punishment. Why should criminalpunishment exist? What should be the scope <strong>of</strong> the criminal law? Should penalties be proportionate to theseriousness <strong>of</strong> the crime, and why so? How should the gravity <strong>of</strong> crimes be judged? How does justice inpunishment relate to larger questions <strong>of</strong> social justice?2. The criteria <strong>of</strong> criminal liability. A distinctive feature <strong>of</strong> the criminal law is that a conviction has intrinsic significance:characteristically, it betokens culpability for doing an a prohibited act. If so, we have reason to consider the criteriafor responsibility and blame.This course is taught in seminars and as such it is hoped that to some extent the coverage can be tailored to reflect theinterests <strong>of</strong> the participants. Likely topics include:109
- Page 2 and 3:
ContentsGeneral InformationOfficers
- Page 4 and 5:
Settlement of International Dispute
- Page 6 and 7:
Faculty AdministrationFaculty Offic
- Page 8 and 9:
The Faculty of LawLaw has been stud
- Page 10 and 11:
The LLM Degree. This degree is awar
- Page 12 and 13:
Opening Hours:Full Term: Monday to
- Page 14 and 15:
Rules Made by the Information Strat
- Page 16 and 17:
The Lauterpacht Centre for Internat
- Page 18 and 19:
Centre for Corporate and Commercial
- Page 20 and 21:
Cambridge Socio-Legal GroupThe Camb
- Page 26 and 27:
Dates of Faculty Board Meetings7 Oc
- Page 28 and 29:
Proceed with caution in reaching fo
- Page 30 and 31:
Faculty CommunicationEach year, the
- Page 32 and 33:
Law Tripos Part IA. A candidate for
- Page 34 and 35:
Prizes. The following prizes may be
- Page 36 and 37:
PAPER 2. CONSTITUTIONAL LAWA. The a
- Page 38 and 39:
Oliver, Constitutional Reform (2003
- Page 40 and 41:
Hedley, Tort (6th ed 2008)Weir, An
- Page 42 and 43:
3. Trusts and co-ownership: Concurr
- Page 44 and 45:
Brownlie, Principles of Internation
- Page 46 and 47:
Elliott, Constitutional Foundations
- Page 48 and 49:
Contract: covenant and debt; assump
- Page 50 and 51:
Statutes:Blackstone’s Statutes on
- Page 52 and 53:
For reference:Birks and Pretto (ed)
- Page 54 and 55:
Foster, EU Legislation (2010-2011)B
- Page 56 and 57:
PAPER 42. INTELLECTUAL PROPERTY1. I
- Page 58 and 59: 2. Property torts (conversion and t
- Page 60 and 61: (iii)Causation4. Contracts in Engla
- Page 62 and 63: Rawls, Political LiberalismRawls, J
- Page 64 and 65: Rodger and McCulloch, The UK Compet
- Page 66 and 67: Law Commission, Renting Homes: The
- Page 68 and 69: Human Rights Case DigestHuman Right
- Page 70 and 71: 3. Title at common law and in equit
- Page 72 and 73: Exemption from Professional Examina
- Page 74 and 75: Paper application available to down
- Page 76 and 77: Form of Examination and Designation
- Page 78 and 79: ‘Open Book’ Papers. Where a pap
- Page 80 and 81: LLM : Syllabuses and Lists of Recom
- Page 82 and 83: ased upon one or two leading cases,
- Page 84 and 85: Goff and Jones, The Law of Restitut
- Page 86 and 87: Butterworths’ Company Law Handboo
- Page 88 and 89: 2. The EU’s system for human righ
- Page 90 and 91: the context of environmental protec
- Page 92 and 93: European Competition Law Review (EC
- Page 94 and 95: Crawford, The Treatment of Combatan
- Page 96 and 97: Douglas, The International Law of I
- Page 98 and 99: Unger, Free Trade Reimagined (2007)
- Page 100 and 101: 3. Sceptics and Critics I4. Sceptic
- Page 102 and 103: The course provides an opportunity
- Page 104 and 105: (iv)(v)(vi)(vii)Is either utilitari
- Page 106 and 107: Reiman, ‘Justice, Civilization, a
- Page 110 and 111: 1. Types of theoretical analysis an
- Page 112 and 113: 2. Specific fieldsTopics to be sele
- Page 114 and 115: The LLM (one-year taught postgradua
- Page 116 and 117: As part of the requirements for the
- Page 118 and 119: Teaching Members of the Faculty of
- Page 120 and 121: MC Elliott, MA, PhD (Cantab); St Ca
- Page 122 and 123: RA Melikan, BA (Mich), JD, MA (Chi)
- Page 124 and 125: BD Sloan, MA, LLM (Cantab); King’
- Page 126 and 127: Law Teachers in the Department of L
- Page 128 and 129: Murray Edwards College. Dr S Turenn
Change language