§16§This book considers how legal history has shaped and continues to shape our shared present. Each chapter draws a clear and significant connection to a meaningful feature of our lives today. Focusing primarily on England and Australia, contributions show the diversity of approaches to legal history's relevance to the present. Some contributors have a tight focus on legal decisions of particular importance. Others take much bigger picture overview of major changes that take centuries to register and where impact is still felt. The contributors are a mix of legal historians, practising lawyers, members of the judiciary, and legal academics, and develop analysis from a range of sources from statutes and legal treatises to television programs. Major legal personalities from Edward Marshall Hall to Sir Dudley Ryder are considered, as are landmarks in law from the Magna Carta to the Mabo Decision.§ §04§Introduction; Sarah McKibbin, Jeremy Patrick and Marcus Harmes.- PART I: LEGAL TECHNICALITIES, LEGAL ORTHODOXIES AND LEGAL INSTITUTIONS.- The Office of Attorney-General in England, 1689-1760: Politics and Profession; Wilfrid Prest.- A Conspiracy of Paper? William Paterson and the Mysterious Origins of Banking and Company Law; John H Farrar.- 'Old, unhappy, far-off things': The Use of English Legal History in the High Court of Australia; Warren Swain.- The History of Legal Marketing in Australia and New Zealand; Keith Thompson.- What Albert did and what Albert did next: Albert Bathurst Piddington - the High Court judge who never sat; A. S. Bell and James Monaghan.- Making Terra Nullius: Supreme Court Decisions and Decision Making; Gavin Loughton.- Lord Atkin's Dissent in Liversidge v Anderson: Decorum, Rule of Law, Orthodoxy; Karen Schulz.- The Evolution from Strict Liability to Negligence; Anthony Gray.- Strictly Federal: Historical and Comparative Insights into the Centralisation §04§ of Criminal Law; Julian R. Murphy.- PART II: CONSTITUTIONAL PASTS AND FUTURES.- History must be Seen to be Done: The Use of History as a Legitimating Device in Constitutional Interpretation in Australia and the United States; Julian R. Murphy.- Legal Pluralism in Magna Carta: Implications for the Present Australian Constitution and the Uluru Statement from the Heart; Jason Taliadoros.- Land, the Social Imaginary and the Constitution Act 1867 (Qld); Julie Copley.- The Challenges to the UK Constitution since 1979 and Brexit; Michael Muligan.- Path Dependency, the High Court, and the Constitution; Jeremy Patrick.- PART III: LEGAL AND MORAL RESPONSIBILITIES AND HISTORICAL MISTAKES.- Aspects of the History of Biodiversity Regulation in Australia; Noeleen McNamara.- Criminal Responsibility for Commanders in Time of War: Lessons from the US Army's War Crimes Trials in the Philippines, 1945-47; Jeremy Turner.- PART I: EDUCATIONAL HISTORIES AND LEGAL NOSTALGIA.- Reflections on the Importa §04§nce of History in Legal Education in the UK Context - and Possible Revelations for Mapping Global Aspirations for Higher Education; Sarah Wilson.- The Age of Rumpole is Past? Learning the Law from the Televised Past; Marcus Harmes.
