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Law in Context

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common law

Episode 25 – Contracts

August 22, 2025August 3, 2025 by Emeritus Professor Stephen Bottomley and Emeritus Professor Stephen Parker

Contracts are at the heart of our economic system.  They are also dear to the hearts of many lawyers, who see contract law as embodying … Read more

Tags common law, contract, justice, law, legal system

Episode 17 – Native Title and the Case of Eddie Mabo

January 23, 2025 by Emeritus Professor Stephen Bottomley and Emeritus Professor Stephen Parker

All legal systems of previously colonised countries have grappled with the contest between land rights for the original peoples of those countries and the claims … Read more

Tags common law, indigenous rights, land tenure, native title, property law, sovereignty

Episode 16 – It’s Mine, not Yours! Property Law in Context

August 3, 2025January 5, 2025 by Emeritus Professor Stephen Bottomley and Emeritus Professor Stephen Parker

You might think the idea of property is straightforward.  In a way, it is.  Almost anything tangible and many things intangible are capable of being … Read more

Tags civil law, common law, ownership, property, property law

Episode 15 – Prove It! How persuaded must we be in law?

August 3, 2025September 21, 2024 by Emeritus Professor Stephen Bottomley and Emeritus Professor Stephen Parker

It’s well known that for someone to be found guilty of a crime, the decision-maker must be persuaded “beyond a reasonable doubt”.  This is the … Read more

Tags balance of probabilities, beyond reasonable doubt, burden of proof, common law, inquisitorial system, not guilty, standard of proof

Equity and the Sad Case of Mr Stubbings

August 3, 2025August 28, 2024 by Emeritus Professor Stephen Bottomley and Emeritus Professor Stephen Parker

In this episode we look at the body of judge-made law called Equity, which emerged in England as a separate body of case law from … Read more

Tags common law, conscience, equity, justice, rules

What is “the common law”?

August 3, 2025August 11, 2024 by Emeritus Professor Stephen Bottomley and Emeritus Professor Stephen Parker

We keep hearing about “the common law”, but what exactly is it?  In this episode, we look at three separate meanings.   First, the common … Read more

Tags common law, court system, equity, legal system

Episode 5 – The Jury

August 3, 2025May 3, 2024 by Emeritus Professor Stephen Bottomley and Emeritus Professor Stephen Parker

Juries make for great books and movies, but what really is their role in the adversarial system?  Do they lead to fair decisions?  Are they … Read more

Tags common law, juries, jury, trials

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