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Author : Oliver Wendell Holmes
Publisher :
ISBN 13 :
Total Pages : 448 pages
Book Rating : 4.F/5 ( download)
Download or read book The Common Law written by Oliver Wendell Holmes and published by . This book was released on 1909 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Guido Calabresi
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584770406
Total Pages : 348 pages
Book Rating : 4.5/5 (847 download)
Download or read book A Common Law for the Age of Statutes written by Guido Calabresi and published by The Lawbook Exchange, Ltd.. This book was released on 1999 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Calabresi complains that we are "choking on statutes" and proposes a restoration of the courts to their common law function. From a series of lectures given by Calabresi as part of The Oliver Wendell Holmes Lectures delivered at Harvard Law School in March 1977. "In his most recent publication, A Common Law for the Age of Statutes, based on the Oliver Wendell Holmes lectures he delivered at Harvard in March of 1977, Professor Calabresi has brought his ample juristic talents to bear on a foundational problem of the legal and democratic process. He has produced a monograph that in its quality, timeliness and provocativeness is likely to stand alongside the seminal works of Ronald Dworkin and Grant Gilmore." --Allan C. Hutchinson and Derek Morgan, 82 Columbia Law Review (1982) 1752. GUIDO CALABRESI [b. 1932] is Sterling Emeritus Professor of Law and Professorial Lecturer in Law at Yale Law School. He was Dean of Yale Law School from 1985-1994 and became a United States Circuit Judge in 1994. He is also the author of The Costs of Accidents (1970), Tragic Choices (1978) and Ideals, Beliefs, Attitudes, and the Law (1985).
Author : Melvin Aron Eisenberg
Publisher : Harvard University Press
ISBN 13 : 9780674604810
Total Pages : 220 pages
Book Rating : 4.6/5 (48 download)
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 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 unclear what principles courts use—or should use—in establishing common law rules. In this lucid book, Melvin Eisenberg develops the principles that govern this process.
Author : James Reist Stoner
Publisher :
ISBN 13 :
Total Pages : 230 pages
Book Rating : 4.3/5 (91 download)
Download or read book Common-law Liberty written by James Reist Stoner and published by . This book was released on 2003 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an ere as morally confused as ours, Stoner argues, we at least ought to know what we've abandoned or suppressed in the name of judicial activism and the modern rights-oriented Constitution. Having lost our way, perhaps the common law, in its original sense, provides a way back, a viable alternative to the debilitating relativism of our current age.
Author : Nicoletta Bersier
Publisher : Springer Nature
ISBN 13 : 3030877183
Total Pages : 194 pages
Book Rating : 4.0/5 (38 download)
Download or read book Common Law – Civil Law written by Nicoletta Bersier and published by Springer Nature. This book was released on 2022-01-01 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an in-depth analysis of the differences between common law and civil law systems from various theoretical perspectives. Written by a global network of experts, it explores the topic against the background of a variety of legal traditions.Common law and civil law are typically presented as antagonistic players on a field claimed by diverse legal systems: the former being based on precedent set by judges in deciding cases before them; the latter being founded on a set of rules intended to govern the decisions of those applying them. Perceived in this manner, common law and civil law differ in terms of the (main) source(s) of law; who is to create them; who is (merely) to draw from them; and whether the law itself is pure each step of the way, or whether the law’s purity may be tarnished when confronted with a set of contingent facts. These differences have deep roots in (legal) history – roots that allow us to trace them back to distinct traditions. Nevertheless, it is questionable whether the divide thus depicted is as great as it may seem: international and supranational legal systems unconcerned by national peculiarities appear to level the playing field. A normative understanding of constitutions seems to grant ever-greater authority to High Court decisions based on thinly worded maxims in countries that adhere to the civil law tradition. The challenges contemporary regulation faces call for ever-more detailed statutes governing the decisions of judges in the common law tradition. These and similar observations demand a structural reassessment of the role of judges, the power of precedent, the limits of legislation and other features often thought to be so different in common and civil law systems. The book addresses this reassessment.
Author : James Oldham
Publisher : Univ of North Carolina Press
ISBN 13 : 0807864005
Total Pages : 445 pages
Book Rating : 4.8/5 (78 download)
Download or read book English Common Law in the Age of Mansfield written by James Oldham and published by Univ of North Carolina Press. This book was released on 2005-12-15 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the eighteenth century, the English common law courts laid the foundation that continues to support present-day Anglo-American law. Lord Mansfield, Chief Justice of the Court of King's Bench, 1756-1788, was the dominant judicial force behind these developments. In this abridgment of his two-volume book, The Mansfield Manuscripts and the Growth of English Law in the Eighteenth Century, James Oldham presents the fundamentals of the English common law during this period, with a detailed description of the operational features of the common law courts. This work includes revised and updated versions of the historical and analytical essays that introduced the case transcriptions in the original volumes, with each chapter focusing on a different aspect of the law. While considerable scholarship has been devoted to the eighteenth-century English criminal trial, little attention has been given to the civil side. This book helps to fill that gap, providing an understanding of the principal body of substantive law with which America's founding fathers would have been familiar. It is an invaluable reference for practicing lawyers, scholars, and students of Anglo-American legal history.
Author : Andrew Forsyth
Publisher : Cambridge University Press
ISBN 13 : 110847697X
Total Pages : 173 pages
Book Rating : 4.1/5 (84 download)
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.
Author : H. Patrick Glenn
Publisher : Oxford University Press on Demand
ISBN 13 : 9780199227655
Total Pages : 158 pages
Book Rating : 4.2/5 (276 download)
Download or read book On Common Laws written by H. Patrick Glenn and published by Oxford University Press on Demand. This book was released on 2007 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of common law has been one of the most important conceptual instruments of the western legal tradition, but it has been neglected by legal theory and legal history for the last two centuries. There were many common laws in Europe, including what is known in English as the common law, yet they have never previously been studied as a general phenomenon. Until the nineteenth century, the common laws of Europe lived in constant interaction with the particular laws which prevailedin their territories, and with one another. Common law was the main instrument of conciliation of laws which were drawn from different sources, though applicable on a given territory. Claims of universality could be, and were, reconciled with claims of particularity. Nineteenth and twentieth century legal theory taught that law was the exclusive product of the state, yet common laws continued to function on a world-wide basis throughout the entire period of legal nationalism. As national legal exclusivity is increasingly challenged by the process of globalization, the concept of common law can be looked to once again as a means of conceptualisation and justification of law beyond the state, while still supporting state and other local forms of normativity.
Author : Thomas J. McSweeney
Publisher : Oxford University Press, USA
ISBN 13 : 0198845456
Total Pages : 305 pages
Book Rating : 4.1/5 (988 download)
Download or read book Priests of the Law written by Thomas J. McSweeney and published by Oxford University Press, USA. This book was released on 2019 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Priests of the Law tells the story of the first people in the history of the common law to think of themselves as legal professionals. In the middle decades of the thirteenth century, a group of justices working in the English royal courts spent a great deal of time thinking and writing about what it meant to be a person who worked in the law courts. This book examines the justices who wrote the treatise known as Bracton. Written and re-written between the 1220s and the 1260s, Bracton is considered one of the great treatises of the early common law and is still occasionally cited by judges and lawyers when they want to make the case that a particular rule goes back to the beginning of the common law. This book looks to Bracton less for what it can tell us about the law of the thirteenth century, however, than for what it can tell us about the judges who wrote it. The judges who wrote Bracton - Martin of Pattishall, William of Raleigh, and Henry of Bratton - were some of the first people to work full-time in England's royal courts, at a time when there was no recourse to an obvious model for the legal professional. They found one in an unexpected place: they sought to clothe themselves in the authority and prestige of the scholarly Roman-law tradition that was sweeping across Europe in the thirteenth century, modelling themselves on the jurists of Roman law who were teaching in European universities. In Bracton and other texts they produced, the justices of the royal courts worked hard to ensure that the nascent common-law tradition grew from Roman Law. Through their writing, this small group of people, working in the courts of an island realm, imagined themselves to be part of a broader European legal culture. They made the case that they were not merely servants of the king: they were priests of the law.
Author : Kent Greenawalt
Publisher : Oxford University Press
ISBN 13 : 0199756147
Total Pages : 402 pages
Book Rating : 4.1/5 (997 download)
Download or read book Statutory and Common Law Interpretation written by Kent Greenawalt and published by Oxford University Press. This book was released on 2013 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kent Greenwalt's second volume on aspects of legal interpretation analyzes statutory and common law interpretation, suggesting that multiple factors are important for each, and that the relation between them influences both. The book argues against any simple "textualism," claiming that even reader understanding of statutes depends partly on perceived intent. In respect to common law interpretation, use of reasoning by analogy is defended and any simple dichotomy of "holding" and "dictum" is resisted.
Author : Frederick Pollock
Publisher : Legare Street Press
ISBN 13 : 9781015961319
Total Pages : 0 pages
Book Rating : 4.9/5 (613 download)
Download or read book The Expansion of the Common Law written by Frederick Pollock and published by Legare Street Press. This book was released on 2022-10-27 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author : William Eves
Publisher : Cambridge University Press
ISBN 13 : 1108960448
Total Pages : 349 pages
Book Rating : 4.1/5 (89 download)
Download or read book Common Law, Civil Law, and Colonial Law written by William Eves and published by Cambridge University Press. This book was released on 2021-04-15 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: Common Law, Civil Law, and Colonial Law builds upon the legal historian F.W. Maitland's famous observation that history involves comparison, and that those who ignore every system but their own 'hardly came in sight of the idea of legal history'. The extensive introduction addresses the intellectual challenges posed by comparative approaches to legal history. This is followed by twelve essays derived from papers delivered at the 24th British Legal History Conference. These essays explore patterns in legal norms, processes, and practice across an exceptionally broad chronological and geographical range. Carefully selected to provide a network of inter-connections, they contribute to our better understanding of legal history by combining depth of analysis with historical contextualization. This title is also available as Open Access on Cambridge Core.
Author : Arthur Reed Hogue
Publisher :
ISBN 13 : 9780865970540
Total Pages : 271 pages
Book Rating : 4.9/5 (75 download)
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.
Author : Theodore Frank Thomas Plucknett
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584771372
Total Pages : 828 pages
Book Rating : 4.5/5 (847 download)
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.
Author : Geoffrey Samuel
Publisher : Edward Elgar Publishing
ISBN 13 : 1782546383
Total Pages : 205 pages
Book Rating : 4.7/5 (825 download)
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
Author : Lynn L. Bergeson
Publisher : Environmental Law Institute
ISBN 13 : 1585761109
Total Pages : 449 pages
Book Rating : 4.5/5 (857 download)
Download or read book Creative Common Law Strategies for Protecting the Environment written by Lynn L. Bergeson and published by Environmental Law Institute. This book was released on 2007 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description
Author : Anita Bernstein
Publisher : Cambridge University Press
ISBN 13 : 1107177812
Total Pages : 275 pages
Book Rating : 4.1/5 (71 download)
Download or read book The Common Law Inside the Female Body written by Anita Bernstein and published by Cambridge University Press. This book was released on 2019 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explains why lawyers seeking gender progress from primary legal materials should start with the common law.
