Thesis
Housing and the judiciary : a study of late nineteenth century judicial practice in Scotland
- Creator
- Rights statement
- Awarding institution
- University of Strathclyde
- Date of award
- 1979
- Thesis identifier
- T3821
- Qualification Level
- Qualification Name
- Department, School or Faculty
- Abstract
- In order to understand the various perspectives and hypotheses which have been advanced concerning the practice of the judiciary in determining social issues in the Courts, the study attempts to explain the nature and extent of the work done on the judiciary in Britain. This analysis proceeds at the political level and goes on to consider the professional and educational issues which affected this area of study in the pre-democratic era in Britain. Having noted the paucity of the early studies on the judiciary, the situation of the rights of tenants in dwellinghouses in the period 1850 - 1915 is dealt with. The limitation of rights to claim damages under the contract of lease is examined in detail. In contrast to this loss of rights, the statutory position of tenants dealing with the provision of housing for the working classes is also examined. The actual operation of the working of both the regulatory aspects of the law and permissive powers to provide housing are examined with particular emphasis on the perceptions and activities of professionals, moral entrepreneurs and the parties most directly affected, landlords and tenants. This section notes that the paradox between statutory and judicial work was less substantial than, at first sight, it seemed. Although the division is largely heuristic, the work of writers and theorists in the democratic era is then examined to see to what extent the judiciary and their work have yielded theoretical perspectives. Although on the surface they have attracted considerably more academic attention, the epistemological and empirical shortcomings of these hypotheses are critically surveyed. An attempt is made to see how we might use these perspectives to illustrate the work of the Scottish higher judiciary over the period in question. The study concludes that, whilst previous attempts to ground judicial theory in their practice, have been limited, the situating of the work in this area of habitability of houses within the context of the perceptions and struggles of the specific epoch involved, provides us with a clearer understanding of the ways in which the judiciary can operate in an apparent value vacuum. The implications, though, of the suggestion in the study that in this field the notion of bias does not seem supportable, are explored and the study suggests tentatively that judicial assertiveness would seem to relate to the politicisation of the issues involved.
- Advisor / supervisor
- Barrie, Ted
- Miller, Isaac
- Resource Type
- DOI
- EThOS ID
- uk.bl.ethos.470781
Relations
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PDF of thesis T3821 vol. 1 | 2025-07-22 | Public | Download |
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PDF of thesis T3821 vol. 2 | 2025-07-22 | Public | Download |