Recent Book: The Lawyer and the Social Condition: Law and Society in England
| Author | J. B. Harrison |
| Published date | 01 July 1981 |
| Date | 01 July 1981 |
| DOI | http://doi.org/10.1177/0032258X8105400322 |
| Subject Matter | Recent Book |
matrimonial law introduced by the
Domestic Proceedings and Magistrates'
Courts
Act 197X.
The
style
demonstrates
not only the practical application of the
changes but also the academic
"slant"
which tempts the reader into a more
thought-provoking
study.
It
is
refreshing these days to be offered the
advantage of an in-depth study of a
subject
rather
than
acatalogue of facts
which do nothing to warm the reader to
the subject matter.
The
new Act has, of
course. abolished almost all the
major
grounds
of complaint which were
embodied in the old
Matrimonial
Proceedings (Magistrates' Courts) Act
1960 which is now
repealed). However. the
authors
are not
content to let the
matter
rest there but
trace. in a most succinct and readable
style. the historv of
matrimonial
proceedings before magistrates from the
earliest legislation.
One
can
draw
interesting
comparisons
from
the
circumstances which gave rise to .he
legislation in the late nineteenth century
over the
"concern
about
the
treatment
by
their husbands of working class wives"
and the provisions in the new Act relating
to domestic violence. It is within
that
context
that
the police officer may now
feel a deeper involvement in
matrimonial
proceedings when for instance charged
with the powers of arrest
attaching
to a
personal protection order.
Unders.
18(2)
of the Act a constable may arrest without
warrant
aperson
whom
he has
reasonable cause for suspecting of being
in breach of such a provision by reason of
that
person's use of violence or his
entry
into the matrimonial home. As is pointed
out by the
authors.
similar powers
already operating in the
county
court
were circumscribed by a marked
relectance on the part of
many
Judges
to
attach
arrest powers and it will be
interesting to see whether magistrates
will be equally reluctant although the
evidence at this stage suggests
that
this is
not the case. An onerous
duty
therefore
may befall the police officer who has to
make up his mind whether there is
reasonable cause for suspecting
that
a
person is in breach of an order.
The
authors
express the hope
that
they
have made the Act clearer and I think the
reader will confirm
that
that hope has
been fulfilled despite the fact
that
due to
piece-meal implementation of the Act all
the
subordinate
legislation was obviously
not
to,
hand before publication (an
author's
nightmare
these
days).
Magistrates and their clerks will, in
particular, find the
book
useful but there
is the faintest suspicion
that
the
authors
would welcome an earlier implement-
ation
of Finer's ideal of a Family
Court
which the
formation
of domestic panels
may have postponed for a long time.
H.L.
THE LAWYER
AND
THE SOCIAL CONDITION
BOB
ROSHIER
and
HARVEY
TEFF:
Law
and
Society in England.
Social Science
Paperback
published by Tavistock Publications Ltd. £4.95.
The
authors
take
aphilosophical
journey
bridging the
chasm
between lawyer and
sociologist. It is a socio-historical
attempt
,0
compare
the precision of the
law
and
the malleabilityof social science.
It explores the reason why some acts
are
defined as criminal whilst others are
not,
rather
than
discover why some people are
criminals whilst others are not. It
concludes
that
the capitalist system
legislates to protect
property
but where
legislation has been introduced which
appears
to place constraints on the
behaviour
of the ruling classes, such as
the
Factory
Acts and the
Company
Acts,
they
are
only permitted by the capitalist
society in the overall interest of the
efficient
operation
of industry
and
commerce.
304
It traces the
formulation
of the legal
framework
starting
with the Vagrancy
Act of 1824 wending its way via s. 66 of
the
Metropolitan
Police Act of 1839, the
Official Secrets Act of 1911, the
Road
Safety Act of 1967, the Race Relations
Acts of 1968 and 1976 and the Bail Act of
1976.
There
is criticism of the law for
seekingclarity,
and,
paradoxically,praise
for their own analysis of social
conditions which are neither
clear
nor
precise.
It
highlights gaps between the
intention of the legislature
and
the law in
practice,
and
seeks the ultimate of justice
for all.
A
book
likely to
attract
the interest of
police
graduates
in social science.
M.D.C.
July 1981
To continue reading
Request your trial