Common Law Theory

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Common Law Theory

Author : Douglas E. Edlin
Publisher : Cambridge University Press
ISBN 13 : 9780521176156
Total Pages : 262 pages
Book Rating : 4.1/5 (761 download)

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Book Synopsis Common Law Theory by : Douglas E. Edlin

Download or read book Common Law Theory written by Douglas E. Edlin and published by Cambridge University Press. This book was released on 2010-10-18 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, legal scholars, philosophers, historians, and political scientists from Australia, Canada, New Zealand, the United Kingdom, and the United States analyze the common law through three of its classic themes: rules, reasoning, and constitutionalism. Their essays, specially commissioned for this volume, provide an opportunity for thinkers from different jurisdictions and disciplines to talk to each other and to their wider audience within and beyond the common law world. This book allows scholars and students to consider how these themes and concepts relate to one another. It will initiate and sustain a more inclusive and well-informed theoretical discussion of the common law's method, process, and structure. It will be valuable to lawyers, philosophers, political scientists, and historians interested in constitutional law, comparative law, judicial process, legal theory, law and society, legal history, separation of powers, democratic theory, political philosophy, the courts, and the relationship of the common law tradition to other legal systems of the world.

A Common Law Theory of Judicial Review

Author : W. J. Waluchow
Publisher : Cambridge University Press
ISBN 13 : 1139462814
Total Pages : 7 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis A Common Law Theory of Judicial Review by : W. J. Waluchow

Download or read book A Common Law Theory of Judicial Review written by W. J. Waluchow and published by Cambridge University Press. This book was released on 2006-12-25 with total page 7 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this study, W. J. Waluchow argues that debates between defenders and critics of constitutional bills of rights presuppose that constitutions are more or less rigid entities. Within such a conception, constitutions aspire to establish stable, fixed points of agreement and pre-commitment, which defenders consider to be possible and desirable, while critics deem impossible and undesirable. Drawing on reflections about the nature of law, constitutions, the common law, and what it is to be a democratic representative, Waluchow urges a different theory of bills of rights that is flexible and adaptable. Adopting such a theory enables one not only to answer to critics' most serious challenges, but also to appreciate the role that a bill of rights, interpreted and enforced by unelected judges, can sensibly play in a constitutional democracy.

Common Law Judging

Author : Douglas E. Edlin
Publisher : University of Michigan Press
ISBN 13 : 0472902342
Total Pages : 281 pages
Book Rating : 4.4/5 (729 download)

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Book Synopsis Common Law Judging by : Douglas E. Edlin

Download or read book Common Law Judging written by Douglas E. Edlin and published by University of Michigan Press. This book was released on 2020-03-06 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are judges supposed to be objective? Citizens, scholars, and legal professionals commonly assume that subjectivity and objectivity are opposites, with the corollary that subjectivity is a vice and objectivity is a virtue. These assumptions underlie passionate debates over adherence to original intent and judicial activism. In Common Law Judging, Douglas Edlin challenges these widely held assumptions by reorienting the entire discussion. Rather than analyze judging in terms of objectivity and truth, he argues that we should instead approach the role of a judge’s individual perspective in terms of intersubjectivity and validity. Drawing upon Kantian aesthetic theory as well as case law, legal theory, and constitutional theory, Edlin develops a new conceptual framework for the respective roles of the individual judge and of the judiciary as an institution, as well as the relationship between them, as integral parts of the broader legal and political community. Specifically, Edlin situates a judge’s subjective responses within a form of legal reasoning and reflective judgment that must be communicated to different audiences. Edlin concludes that the individual values and perspectives of judges are indispensable both to their judgments in specific cases and to the independence of the courts. According to the common law tradition, judicial subjectivity is a virtue, not a vice.

A Concise History of the Common Law

Author : Theodore Frank Thomas Plucknett
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584771372
Total Pages : 828 pages
Book Rating : 4.5/5 (847 download)

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Book Synopsis A Concise History of the Common Law by : Theodore Frank Thomas Plucknett

Download or read book A Concise History of the Common Law written by Theodore Frank Thomas Plucknett and published by The Lawbook Exchange, Ltd.. This book was released on 2001 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published: 5th ed. Boston: Little, Brown and Co., 1956.

Antitrust Law

Author : Keith N. Hylton
Publisher : Cambridge University Press
ISBN 13 : 9780521793780
Total Pages : 436 pages
Book Rating : 4.7/5 (937 download)

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Book Synopsis Antitrust Law by : Keith N. Hylton

Download or read book Antitrust Law written by Keith N. Hylton and published by Cambridge University Press. This book was released on 2003-03-27 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preface p. xi 1 Economics p. 1 I. Definitions p. 1 II. Perfect Competition Versus Monopoly p. 9 III. Further Topics p. 21 2 Law and Policy p. 27 I. Some Interpretation Issues p. 28 II. Enacting the Antitrust Law p. 30 III. What Should Antitrust Law Aim to Do? p. 40 3 Enforcement p. 43 I. Optimal Enforcement Theory p. 43 II. Enforcement Provision of the Antitrust Laws p. 47 Appendix p. 64 4 Cartels p. 68 I. Cartels p. 68 II. Conscious Parallelism p. 73 III. Conclusion p. 89 5 Development of Section 1 Doctrine p. 90 I. The Sherman Act Versus the Common Law p. 90 II. Rule of Reason and Per-Se Rule p. 104 III. Conclusion p. 112 6 Rule of Reason and Per-Se Rule p. 113 I. The Case for Price Fixing p. 113 II. Per-Se and Rule of Reason Analysis: Further Developments p. 116 III. Per-Se Versus Rule of Reason Tests: Understanding the Supreme Court's Justification for the Per-Se Rule p. 129 7 Agreement p. 132 I. The Development of Inference Doctrine p. 133 II. Rejection of Unilateral Contract Theory p. 140 8 Facilitating Mechanisms p. 144 I. Data Dissemination Cases p. 145 II. Basing Point Pricing and Related Practices p. 154 III. Basing Point Pricing: Economics p. 160 9 Boycotts p. 166 I. Pre-Socony p. 166 II. Post-Socony p. 170 III. Post-BMI/Sylvania p. 181 IV. Conclusion p. 184 10 Monopolization p. 186 I. Development of Section 2 Doctrine p. 186 II. Leveraging and Essential Facility Cases p. 202 III. Predatory Pricing p. 212 IV. Conclusion p. 228 11 Power p. 230 I. Measuring Market Power p. 230 II. Determinants of Market Power p. 235 III. Substitutability and the Relevant Market: Cellophane p. 237 IV. Multimarket Monopoly and the Relevant Market: Alcoa p. 239 V. Measuring Power: Guidelines p. 243 12 Attempts p. 244 I. The Swift Formula and Modern Doctrine p. 244 II. Dangerous Probability Requirement p. 248 13 Vertical Restraints p. 252 I. Resale Price Maintenance p. 252 II. Vertical Nonprice Restraints p. 262 III. Manufacturer Retains Title p. 267 IV. Agreement p. 270 14 Tying and Exclusive Dealing p. 279 I. Introduction p. 279 II. Early Cases p. 284 III. Development of Per-Se Rule p. 286 IV. Tension Between Rule of Reason Arguments and Per-Se Rule p. 295 V. Technological Tying p. 301 VI. Exclusive Dealing p. 303 Appendix p. 307 15 Horizontal Mergers p. 311 I. Reasons for Merging and Implications for Law p. 311 II. Horizontal Merger Law p. 317 III. Conclusion p. 330 Appendix p. 330 16 Mergers, Vertical and Conglomerate p. 333 I. Vertical Mergers p. 333 II. Conglomerate Mergers p. 344 III. Concluding Remarks p. 351 17 Antitrust and the State p. 352 I. Noerr-Pennington Doctrine p. 354 II. Parker Doctrine p. 371 III. Some Final Comments: Error Costs and Immunity Doctrines p. 375 Index p. 379.

Equity and Law

Author : John C. P. Goldberg
Publisher : Cambridge University Press
ISBN 13 : 1108421318
Total Pages : 483 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Equity and Law by : John C. P. Goldberg

Download or read book Equity and Law written by John C. P. Goldberg and published by Cambridge University Press. This book was released on 2019-08 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fusion of law and equity in common law systems was a crucial moment in the development of the modern law. In this volume leading scholars assess the significance of the fusion of law and equity from comparative, doctrinal, historical and theoretical perspectives.

The Common Law

Author : Oliver Wendell Holmes
Publisher : DigiCat
ISBN 13 :
Total Pages : 338 pages
Book Rating : 4.8/5 (596 download)

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Book Synopsis The Common Law by : Oliver Wendell Holmes

Download or read book The Common Law written by Oliver Wendell Holmes and published by DigiCat. This book was released on 2022-09-15 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: DigiCat Publishing presents to you this special edition of "The Common Law" by Oliver Wendell Holmes. DigiCat Publishing considers every written word to be a legacy of humankind. Every DigiCat book has been carefully reproduced for republishing in a new modern format. The books are available in print, as well as ebooks. DigiCat hopes you will treat this work with the acknowledgment and passion it deserves as a classic of world literature.

Legal Theory and Common Law

Author : William L. Twining
Publisher : Wiley-Blackwell
ISBN 13 : 9780631144779
Total Pages : 267 pages
Book Rating : 4.1/5 (447 download)

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Book Synopsis Legal Theory and Common Law by : William L. Twining

Download or read book Legal Theory and Common Law written by William L. Twining and published by Wiley-Blackwell. This book was released on 1986-01-01 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Common Law Theory

Author : Douglas E. Edlin
Publisher :
ISBN 13 : 9781107175495
Total Pages : 247 pages
Book Rating : 4.1/5 (754 download)

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Book Synopsis Common Law Theory by : Douglas E. Edlin

Download or read book Common Law Theory written by Douglas E. Edlin and published by . This book was released on 2007 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, legal scholars, philosophers, historians and political scientists from Australia, Canada, New Zealand, the United Kingdom and the United States analyze the common law through three of its classic themes: rules, reasoning and constitutionalism. Their essays, specially commissioned for this volume, provide an opportunity for thinkers from different jurisdictions and disciplines to talk to each other and to their wider audience within and beyond the common law world. This book allows scholars and students to consider how these themes and concepts relate to one another. It will initiate and sustain a more inclusive and well-informed theoretical discussion of the common law's method, process and structure. It will be valuable to lawyers, philosophers, political scientists and historians interested in constitutional law, comparative law, judicial process, legal theory, law and society, legal history, separation of powers, democratic theory, political philosophy, the courts and the relationship of the common law tradition to other legal systems of the world.

A.V. Dicey and the Common Law Constitutional Tradition

Author : Mark D. Walters
Publisher : Cambridge University Press
ISBN 13 : 1107028477
Total Pages : 479 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis A.V. Dicey and the Common Law Constitutional Tradition by : Mark D. Walters

Download or read book A.V. Dicey and the Common Law Constitutional Tradition written by Mark D. Walters and published by Cambridge University Press. This book was released on 2020-11-12 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a distinctive account of the rule of law and legislative sovereignty within the work of Albert Venn Dicey.

The Nature of the Common Law

Author : Melvin Aron Eisenberg
Publisher : Harvard University Press
ISBN 13 : 0674263251
Total Pages : 220 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis The Nature of the Common Law by : Melvin Aron Eisenberg

Download or read book The Nature of the Common Law written by Melvin Aron Eisenberg and published by Harvard University Press. This book was released on 1991-10-01 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Much of our law is based on authoritative texts, such as constitutions and statutes. The common law, in contrast, is that part of the law that is established by the courts. Common law rules predominate in some areas of law, such as torts and contracts, and are extremely important in other areas, such as corporations. Nevertheless, it has been far from clear what principles courts use—or should use—in establishing common law rules. In this lucid yet subtly argued book, Melvin Eisenberg develops the principles that govern this process. The rules established in every common law case, he shows, are a product of the interplay between the rules announced in past precedents, on the one hand, and moral norms, policies, and experience, on the other. However, a court establishing a common law rule is not free, as a legislator would be, to employ those norms and policies it thinks best. Rather, it can properly employ only those that have a requisite degree of social support. More specifically, the common law should seek to satisfy three standards. First, it should correspond to the body of rules that would be arrived at by giving appropriate weight to all moral norms, policies, and experiential propositions that have the requisite support, and by making the best choices where norms, policies, and experience conflict. Second, all the rules that make up the body of the law should be consistent with one another. Third, the rules adopted in past precedents should be applied consistently over time. Often, these three standards point in the same direction. The central problems of legal reasoning arise when they do not. These problems are resolved by the principles of common law adjudication. With the general principles of common law adjudication as a background, the author then examines and explains the specific modes of common law reasoning, such as reasoning from precedent, reasoning by analogy, drawing distinctions, and overruling. Throughout the book, the analysis is fully illustrated by leading cases. This innovative and carefully worked out account of the common law will be of great interest to lawyers, law students, students in undergraduate legal studies programs, scholars interested in legal theory, and all those who want to understand the basic legal institutions of our society.

A Short Introduction to the Common Law

Author : Geoffrey Samuel
Publisher : Edward Elgar Publishing
ISBN 13 : 1782546383
Total Pages : 205 pages
Book Rating : 4.7/5 (825 download)

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Book Synopsis A Short Introduction to the Common Law by : Geoffrey Samuel

Download or read book A Short Introduction to the Common Law written by Geoffrey Samuel and published by Edward Elgar Publishing. This book was released on 2013-10-31 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: It adopts an approach which explains the historical development of the common law institutions and procedures whilst also setting them in perspective through a comparative outlook. Aspects of the common law are contrasted on occasions with structural o

Legal Theory and Legal History

Author : Alfred William Brian Simpson
Publisher : A&C Black
ISBN 13 : 9780907628835
Total Pages : 458 pages
Book Rating : 4.6/5 (288 download)

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Book Synopsis Legal Theory and Legal History by : Alfred William Brian Simpson

Download or read book Legal Theory and Legal History written by Alfred William Brian Simpson and published by A&C Black. This book was released on 1987-01-01 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Common Law Theory

Author : Douglas E. Edlin
Publisher : Cambridge University Press
ISBN 13 : 1139465694
Total Pages : pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Common Law Theory by : Douglas E. Edlin

Download or read book Common Law Theory written by Douglas E. Edlin and published by Cambridge University Press. This book was released on 2007-10-22 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, legal scholars, philosophers, historians and political scientists from Australia, Canada, New Zealand, the United Kingdom and the United States analyze the common law through three of its classic themes: rules, reasoning and constitutionalism. Their essays, specially commissioned for this volume, provide an opportunity for thinkers from different jurisdictions and disciplines to talk to each other and to their wider audience within and beyond the common law world. This book allows scholars and students to consider how these themes and concepts relate to one another. It will initiate and sustain a more inclusive and well-informed theoretical discussion of the common law's method, process and structure. It will be valuable to lawyers, philosophers, political scientists and historians interested in constitutional law, comparative law, judicial process, legal theory, law and society, legal history, separation of powers, democratic theory, political philosophy, the courts and the relationship of the common law tradition to other legal systems of the world.

Common Law and Natural Law in America

Author : Andrew Forsyth
Publisher : Cambridge University Press
ISBN 13 : 110847697X
Total Pages : 173 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Common Law and Natural Law in America by : Andrew Forsyth

Download or read book Common Law and Natural Law in America written by Andrew Forsyth and published by Cambridge University Press. This book was released on 2019-04-11 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents an ambitious narrative and fresh re-assessment of common law and natural law's varied interactions in America, 1630 to 1930.

Legal Secrets

Author : Kim Lane Scheppele
Publisher : University of Chicago Press
ISBN 13 : 9780226737782
Total Pages : 392 pages
Book Rating : 4.7/5 (377 download)

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Book Synopsis Legal Secrets by : Kim Lane Scheppele

Download or read book Legal Secrets written by Kim Lane Scheppele and published by University of Chicago Press. This book was released on 1988-11-15 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does the seller of a house have to tell the buyer that the water is turned off twelve hours a day? Does the buyer of a great quantity of tobacco have to inform the seller that the military blockade of the local port, which had depressed tobacco sales and lowered prices, is about to end? Courts say yes in the first case, no in the second. How can we understand the difference in judgments? And what does it say about whether the psychiatrist should disclose to his patient's girlfriend that the patient wants to kill her? Kim Lane Scheppele answers the question, Which secrets are legal secrets and what makes them so? She challenges the economic theory of law, which argues that judges decide cases in ways that maximize efficiency, and she shows that judges use equality as an important principle in their decisions. In the course of thinking about secrets, Scheppele also explores broader questions about judicial reasoning—how judges find meaning in legal texts and how they infuse every fact summary with the values of their legal culture. Finally, the specific insights about secrecy are shown to be consistent with a general moral theory of law that indicates what the content of law should be if the law is to be legitimate, a theory that sees legal justification as the opportunity to attract consent. This is more than a book about secrets. It is also a book about the limits of an economic view of law. Ultimately, it is a work in constructive legal theory, one that draws on moral philosophy, sociology, economics, and political theory to develop a new view of legal interpretation and legal morality.

Origins of the Common Law

Author : Arthur Reed Hogue
Publisher :
ISBN 13 : 9780865970540
Total Pages : 271 pages
Book Rating : 4.9/5 (75 download)

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Book Synopsis Origins of the Common Law by : Arthur Reed Hogue

Download or read book Origins of the Common Law written by Arthur Reed Hogue and published by . This book was released on 1986 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written for the beginning student as well as the experienced scholar, this introductory analysis of the origin and early development or the English common law provides and excellent grounding for the early study of legal history. Between 1154, when Henry II became king, and 1307, when Edward I died, the common law underwent spectacular growth. The author begins with a discussion of the relationship between the early rules of common law and the social order they serve during this period and concludes with an extended commentary on the durability and continued growth of the common law in modern times.