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An Introduction to Law Seventh Edition Phil Harris
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qEzoAitQ1AoYXF4eeJmTOTu2k98GQp7WzVKi6qiHsUs
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hnsw

Since the publication of its first edition, this textbook has become the definitivestudent introduction to the subject. As with earlier editions, the seventh editiongives a clear understanding of fundamental legal concepts and their importancewithin society. In addition, this book addresses the ways in which rules and thestructures of law respond to and impact upon changes in economic andpolitical life. The title has been extensively updated and explores recent highprofile developments such as the Civil Partnership Act 2005 and the Racial andReligious Hatred Bill. This introductory text covers a wide range of topics ina clear, sensible fashion giving full context to each. For this reason, AnIntroduction to Law is ideal for all students of law, be they undergraduate lawstudents, those studying law as part of a mixed degree, or students on socialsciences courses which offer law options.PHIL HARRIS is Professor of Legal Education at Sheffield Hallam UniversityThe Law in Context SeriesEditors: William Twining (University College London) andChristopher McCrudden (Lincoln College, Oxford)Since 1970 the Law in Context series has been in the forefront of the movement to broadenthe study of law. It has been a vehicle for the publication of innovative scholarly books thattreat law and legal phenomena critically in their social, political and economic contextsfrom a variety of perspectives. The series particularly aims to publish scholarly legalwriting that brings fresh perspectives to bear on new and existing areas of law taught inuniversities. A contextual approach involves treating legal subjects broadly, using materials from other social sciences, and from any other discipline that helps to explain the operation in practice of the subject under discussion. It is hoped that this orientation is at oncemore stimulating and more realistic than the bare exposition of legal rules. The seriesincludes original books that have a different emphasis from traditional legal textbooks,while maintaining the same high standards of scholarship. They are written primarily forundergraduate and graduate students of law and of other disciplines, but most also appealto a wider readership. In the past, most books in the series have focused on English law,but recent publications include books on European law, globalisation, transnational legalprocesses, and comparative law.Books in the SeriesAnderson, Schum and Twining: Analysis of EvidenceAshworth: Sentencing and Criminal JusticeBarton & Douglas: Law and ParenthoodBeecher-Monas: Evaluating Scientific Evidence: An Interdisciplinary Framework forIntellectual Due ProcessBell: French Legal CulturesBercusson: European Labour LawBirkinshaw: European Public LawBirkinshaw: Freedom of Information: The Law, the Practice and the IdealCane: Atiyah’s Accidents, Compensation and the LawClarke & Kohler: Property Law: Commentary and MaterialsCollins: The Law of ContractDavies: Perspectives on Labour LawDembour: Who Believes in Human Rights?: The European Convention in Questionde Sousa Santos: Toward a New Legal Common SenseDiduck: Law’s FamiliesElworthy & Holder: Environmental Protection: Text and MaterialsFortin: Children’s Rights and the Developing LawGlover-Thomas: Reconstructing Mental Health Law and PolicyGobert & Punch: Rethinking Corporate CrimeHarlow & Rawlings: Law and Administration: Text and MaterialsHarris: An Introduction to LawHarris, Campbell & Halson: Remedies in Contract and TortHarvey: Seeking Asylum in the UK: Problems and ProspectsHervey & McHale: Health Law and the European UnionLacey & Wells: Reconstructing Criminal LawLewis: Choice and the Legal Order: Rising above PoliticsLikosky: Law, Infrastructure and Human RightsLikosky: Transnational Legal ProcessesMaughan & Webb: Lawyering Skills and the Legal ProcessMcGlynn: Families and the European Union: Law, Politics and PluralismMoffat: Trusts Law: Text and MaterialsNorrie: Crime, Reason and HistoryO’Dair: Legal EthicsOliver: Common Values and the Public-Private DivideOliver & Drewry: The Law and ParliamentPicciotto: International Business TaxationReed: Internet Law: Text and MaterialsRichardson: Law, Process and CustodyRoberts & Palmer: Dispute Processes: ADR and the Primary Forms of Decision-MakingScott & Black: Cranston’s Consumers and the LawSeneviratne: Ombudsmen: Public Services and Administrative JusticeStapleton: Product LiabilityTamanaha: The Struggle for Law as a Means to an EndTurpin: British Government and the Constitution: Text, Cases and MaterialsTwining: Globalisation and Legal TheoryTwining: Rethinking EvidenceTwining & Miers: How to Do Things with RulesWard: A Critical Introduction to European LawWard: Shakespeare and Legal ImaginationZander: Cases and Materials on the English Legal SystemZander: The Law-Making Process

It will be noted that this Article does not prohibit monopolies in themselves, but rather aims at dominant undertakings involved in anti-competitive conduct. The rule will apply to more than one undertaking in the same market group which, when combined, create a dominant position (the enterprise entity principle). The operation and eect of Article 82 can best be appreciated by means of a case example.52 It is an important part of the Commissions function to investigate suspected breaches of community law, and to bring proceedings against suspected violators. United Brands Co, a worldwide concern trading in the cultivation, distribution and sale of bananas, had been found by the Commission to have abused its dominant position in the banana market within Europe. In United Brands Co v EC Commission in 1976,53 a case which contains some important points of principle, the company sought to have that decision annulled.
id: 79595dbe224124bdcd9e1738ef78a483 - page: 269
50 CMLR D23. 52 For more recent cases see Tetra Pak International SA v Commission ECR 15951. 53 Case 27/76 1 CMLR 429. 51 CMLR 557. 238 An Introduction to Law
id: 2c0e123e0f19f311fbf3a66a9a1d79d9 - page: 269
The rst task for the court was to establish what the relevant market was. The approach to this is by means of the concept of product substitution, which refers to the extent to which consumers can buy, and producers supply, products similar to, or acceptable as substitutes for the product in question (in this case, bananas). Having established this, the second question was whether United Brands Co dominated the relevant market; the third, if so, whether the company had abused that dominant position in breach of Article 82. In confronting these questions, the Court had to investigate various aspects of the banana market within the European Community. As to the denition of the relevant market, could there be said to be a banana market (as the Commission contended), or was the relevant market in fact better dened as a fresh fruit market (as the company argued) in which bananas were sold alongside other fruit such as apples, oranges, peaches, strawberries and so on? If the court adopted
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In the event, the court decided in favour of the Commissions position: that there was indeed an identiable banana market quite distinct from the more general fresh fruit market. The following extracts from the courts decision indicate the reasoning which led to this conclusion:
id: dc98cf07e4e23c26a2217fb6a96105d1 - page: 270
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