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Is Eating People Wrong?: Great Legal Cases and How they Shaped the World, by Allan C. Hutchinson
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- Sales Rank: #633717 in Books
- Published on: 2010-11-30
- Original language: English
- Number of items: 1
- Dimensions: 8.98" h x .59" w x 5.98" l, .75 pounds
- Binding: Paperback
- 257 pages
Review
"The law lives through people and their stories - and Allan Hutchinson has captured some of the most remarkable legal stories of the last two centuries in this book. ... The details are memorable, often funny, and sometimes tragic. English speaking peoples are still united by a common legal tradition, and these stories ... unite us by reminding the reader what it means for humans to argue and resolve their disputes through judgment."
Noah Feldman, Bemis Professor of Law, Harvard Law School and author of Scorpions: The Battles and Triumphs of FDR's Great Supreme Court Justices
"Combining great story telling with insightful legal analysis, Hutchinson provides readers with fascinating human dramas and historical insights while engaging them in a wide-ranging investigation of the nature and significance of law. Rarely has a "must-read" been this much fun!"
Andrew Petter, President and Vice-Chancellor, Simon Fraser University
"Although this is most obviously an almost perfect book to give any aspiring law student, it can be read with enjoyment and profit by general readers and legal academics alike."
Sanford Levinson, University of Texas Law School
"A law degree will take three years of your life and a big chunk out of your bank account. This book promises to turn anyone into a font of legal opinion and trivia in a fraction of the time and cost. ... The "great cases" are lively and educational in equal parts."
Peter Shawn Taylor, Maclean's
"Also worth reading is a book that just landed in my mailbox with the charming title Is Eating People Wrong?. The author, Canadian scholar Allan C. Hutchinson, picks eight "great cases" that help explain how the law in English-speaking nations works. For non-lawyers who want an introduction to the judge-made system we call the common law, this book is the ideal primer."
Daniel Fisher, Forbes.com
"Highly readable and engaging; one is quickly drawn into the human stories that underlie the litigation. ... The author amply fulfills his goal of persuading the reader that 'great cases are one way to glimpse the workings of the common law as an untidy but stimulating exercise in human judgment and social accomplishment."
Philip Girard, Literary Review of Canada
"Hutchinson's writing is mercifully free of legal jargon, and his ability to quickly and simply sketch out the historical and social context of each case is superb. ... [His] accessible and entertaining book will be appreciated by any reader wanting perspective on how the law impacts society, and vice versa."
Paul Challen, Quill and Quire
"Hutchinson here, as with all the cases, proves an adept storyteller. One may wonder whether this case is as important as he believes, but it is hard not to be interested in its outcome."
John M. Sands, The Federal Lawyer
About the Author
Allan C. Hutchinson is a Professor at Osgoode Hall Law School at York University, Toronto and a widely recognized leading law scholar. In 2004, he was elected to the Royal Society of Canada, and in 2006 he was named as a Distinguished Research Professor of York University. Hutchinson has authored and/or edited sixteen books, most recently The Province of Jurisprudence Democratized and Evolution and the Common Law.
Most helpful customer reviews
4 of 4 people found the following review helpful.
A short and well written history of important common law cases
By Constant Interest
I've put 4 stars here as a caution to others...my "personal rating" is 5 stars, however. The point here being that you have to have a a curiosity about the history of common law to really enjoy the book. The title refers to a particularly lurid case in the 19th century and I suppose that will attract some potential readers. . .probably the same people who slow down to gawk at highway accidents. Good enough, but the "rule of law" finding in a Canadian case or the basis of the ruling in "Brown vs. Board of Education" is far more riveting if you are interested in the history of law. Above all, the author's discussion of how social and political forces have shaped judicial interpretations of legal precedent makes this book a great read.
3 of 3 people found the following review helpful.
8 Cases That Shaped Common Law
By L. King
Law is either legislated or, in the case of "common law", created through judgements in the courts. What makes a case important is not necessarily it's immediate impact but rather the degree to which it is applied and used after the fact. Professor Allan Hutchinson provides us an interesting tour of how precedents in law are evolve from very human circumstances and the context of the times. The examples come from the following jurisdictions: Canada, Great Britain, Australia and the United States.
The title case is wrapped with some delightfully wicked coincidences. In 1884 a small crew at sea, abandon their damaged vessel for a lifeboat, but after their limited supply of food is gone come to the conclusion that one of them must be sacrificed for the good of the rest. Though there is great sympathy for the survivors, the British court feels that a "defense of necessity" is a slippery slope which must be rejected, without punishing the perpetrators too severely. A dispute over a fox hunt in the Hamptons winds its way to the US Supreme Court over issues of determining ownership of the dead fox strong implications for property and resource rights.
Three of the cases involve civil rights. An Australian aboriginal Edie Mabo seeks to overturn the alienation of native rights in the islands of the Torres Straight off of the north coast of of Australia which bring to the fore issues of continuity and identity. The constitutional challege to school segregation takes flight in post war era of the 1950s in the case of 8 year old Linda Brown who wondered why she couldn't go to a nearby school with the friends she played with. And perhaps the most famous of all, not only does the author tell us of the origin of "Miranda" rights, we learned that Ernesto Miranda, who confessed to rape of Lois Ann Jameson (who's name also ought to be remembered), was guilty as charged and in fact does do his time, but meets his own end in a karmic twist of fate.
Early revocation of a restaurant's liquor license for spurious reasons relating to distaste by the Premier of Quebec (Maurice Duplessis for the owner's material support of Jehovah's Witnesses in predominantly Roman Catholic Quebec takes over a decade to resolve and... brings up differences between Anglophone and Francophone judges, Federal and Provincial powers but above all the limits of power - notwithstanding that an early case in the 1930s where the same Premier revoked the license of a Nazi club proselytizing with Nazi propaganda did not. Then there is the failure of a delivery company to transport a needed crankshaft to a mill in a timely manner and, in a different but well referenced case, the upsetting discovering of a snail inside a bottle of root ginger beer; both judgments have contributed profoundly to the notions of limitted and implied liability in the English speaking world.
Hutchinson is a delightful legal raconteur. I found the book both enjoyable and enlightening. Recommended.
2 of 2 people found the following review helpful.
Compact introduction to some fundamental legal decisions
By Craig Rowland
I came across Is Eating People Wrong?: Great Legal Cases and How They Shaped the World by Allan C. Hutchinson while reading the reference sources in another book. I always read a book cover to cover, starting with the cataloguing information and ending with the bibliography, where I peruse all the titles to find out more to read on the topic. Hutchinson, whom I have met a number of times since he works with my partner, has compiled a collection of eight legal cases which have had a fundamental effect on western law to this day.
I had wanted to read Is Eating People Wrong? based on the case that inspired the title, R v Dudley and Stephens. This case, which put two men who were stranded on a lifeboat without any provisions on trial for murder for killing one of their dying shipmates in order to cannibalize him, tested the theory of the law of necessity. This case had fascinated me and so did its legal outcome. Does one have the right to kill another in order to save oneself? What precedent might this case set if one did?
The background circumstances leading up to each case are described in exciting detail. That's the point I liked best about Is Eating People Wrong?; the legal talk afterward I could not always grasp or agree to, although it was rare that I finished a chapter feeling this way. Hutchinson states that the tenets of common law are not carved in stone. They aren't waiting to be chipped at to be exposed by lawyers via court cases. Common law is ever-evolving and changes with the times. What might have been acceptable and supported by judicial rulings, such as segregation in schools, is now viewed as a relic from the dark ages.
Hutchinson also made very interesting reading out of property law in his analysis of Pierson v. Post, wherein one has to assign ownership of a deceased wild fox that one man was in pursuit via hunting (Post) while another man not involved in the hunt ended up killing (Pierson). Hutchinson ended Is Eating People Wrong? with an analysis of the Miranda warning ("You have the right to remain silent..." and so on).
Is Eating People Wrong? was written with a minimum of legal jargon and is a compact introduction to some of the cases that have shaped the common law we know today.
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