ABSTRACT
As with the theory of contract law, human rights theory is a richly textured, contested, multi-disciplined area of academic interest. It is (relatively) uncontroversial to claim that human rights are moral guarantees that a state ought to recognise. This chapter shows that human rights theory offers a ready means of understanding the judicial mindset in what is otherwise unfamiliar territory. The road traffic accident in tort, the theft or murder case in criminal law, public protest and the passing of statutes in public or constitutional law, all come with ready points of reference that easily engage the underlying law. Human rights law is also relevant to the formation of contracts, particularly where the parties seek to restrict access to the courts when there is a dispute. In the UK, the Solicitors Regulation Authority seems determined to ruin the study of law by removing the requirement of a qualifying law degree as a preliminary to entering the profession.
