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The Case Against The Common Law
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Book Synopsis The Case Against the Common Law by : Gordon Tullock
Download or read book The Case Against the Common Law written by Gordon Tullock and published by . This book was released on 1997 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: Central to the social functions and the foundational principles of the common law system is the concept of doctrinal stability as encapsulated in the institutional principle of stare decisis, or binding precedent. Under this principle, precedent binds subsequent similar cases when certain formal conditions are met. The doctrinal stability standard cannot survive significant deviation from the principle of stare decisis. Gordon Tullock demonstrates how the retreat from stare decisis in the U.S. common law system is a predictable consequence of adverse institutional characteristics. He concludes that this withdrawal is now sufficiently extensive as to challenge the validity of the common law system itself.
Book Synopsis Common Law – Civil Law by : Nicoletta Bersier
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 :Theodore Frank Thomas Plucknett Publisher :The Lawbook Exchange, Ltd. ISBN 13 :1584771372 Total Pages :828 pages Book Rating :4.5/5 (847 download)
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.
Book Synopsis Priests of the Law by : Thomas J. McSweeney
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.
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
Book Synopsis English Common Law in the Age of Mansfield by : James Oldham
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 448 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.
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.
Book Synopsis Common Law, Civil Law, and Colonial Law by : William Eves
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.
Book Synopsis Common Law and Civil Law Today - Convergence and Divergence by : Marko Novakovic
Download or read book Common Law and Civil Law Today - Convergence and Divergence written by Marko Novakovic and published by Vernon Press. This book was released on 2019-05-09 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: Authors from 13 countries come together in this edited volume, Common Law and Civil Law Today: Convergence and Divergence, to present different aspects of the relationship and intersections between common and civil law. Approaching the relationship between common and civil law from different perspectives and from different fields of law, this book offers an intriguing insight into the similarities, differences and connections between these two major legal traditions. This volume is divided into 3 parts and consists of 22 articles. The first part discusses the common law/civil law dichotomy in the international legal systems and theory. The second focuses on case-law and arbitration, while the third part analyses elements of common and civil law in various legal systems. By offering such a variety of approaches and voices, this book allows the reader to gain an invaluable insight into the historical, comparative and theoretical contexts of this legal dichotomy. From its carefully selected authors to its comprehensive collection of articles, this edited volume is an essential resource for students, researchers and practitioners working or studying within both legal systems.
Book Synopsis Law, Liberty and the Constitution by : Harry Potter
Download or read book Law, Liberty and the Constitution written by Harry Potter and published by Boydell & Brewer Ltd. This book was released on 2015 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout English history the rule of law and the preservation of liberty have been inseparable, and both are intrinsic to England's constitution. This accessible and entertaining history traces the growth of the law from its beginnings in Anglo-Saxon times to the present day. It shows how the law evolved from a means of ensuring order and limiting feuds to become a supremely sophisticated dispenser of justice and the primary guardian of civil liberties. This development owed much to the English kings and their judiciary, who, in the twelfth century, forged a unified system of law - predating that of any other European country - from almost wholly Anglo-Saxon elements. Yet by the seventeenth century this royal offspring - Oedipus Lex it could be called - was capable of regicide. Since then the law has had a somewhat fractious relationship with that institution upon which the regal mantle of supreme power descended, Parliament. This book tells the story of the common law not merely by describing major developments but by concentrating on prominent personalities and decisive cases relating to the constitution, criminal jurisprudence, and civil liberties. It investigates the great constitutional conflicts, the rise of advocacy, and curious and important cases relating to slavery, insanity, obscenity, cannibalism, the death penalty, and miscarriages of justice. The book concludes by examining the extension of the law into the prosecution of war criminals and protection of universal human rights and the threats posed by over-reaction to national emergencies and terrorism. Devoid of jargon and replete with good stories, Law, Liberty and the Constitution represents a new approach to the telling of legal history and will be of interest to anyone wishing to know more about the common law - the spinal cord of the English body politic. Harry Potter is a former fellow of Selwyn College, Cambridge and a practising barrister specialising in criminal defence. He has authored books on the death penalty and Scottish history and wrote and presented an award-winning series on the history of the common law for the BBC.
Book Synopsis The Common Law Inside the Female Body by : Anita Bernstein
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.
Book Synopsis The Spirit of the Common Law by : Roscoe Pound
Download or read book The Spirit of the Common Law written by Roscoe Pound and published by . This book was released on 1921 with total page 256 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 was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. 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. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. 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.
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 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.
Book Synopsis The Common Law Tradition by : Karl N. Llewellyn
Download or read book The Common Law Tradition written by Karl N. Llewellyn and published by Quid Pro Books. This book was released on 2016-05-21 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Law and Economics by : Gordon Tullock
Download or read book Law and Economics written by Gordon Tullock and published by Selected Works of Gordon Tullo. This book was released on 2005 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the fundamental principles of our legal system from a public choice perspective and compares its efficiency and accuracy with other systems. It presents in full two controversial works by Gordon Tullock, 'The Logic of the Law' and 'The Case against the Common Law', as well as chapters from his 'Trials on Trial' and other innovative articles. Highly critical of the US common law system, Tullock argues for various reforms, even for its replacement with a civil code system.
Book Synopsis Cannibalism and the Common Law by : A. W. Brian Simpson
Download or read book Cannibalism and the Common Law written by A. W. Brian Simpson and published by . This book was released on 1986 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis History of the Common Law by : John H. Langbein
Download or read book History of the Common Law written by John H. Langbein and published by Aspen Publishing. This book was released on 2009-08-14 with total page 1310 pages. Available in PDF, EPUB and Kindle. Book excerpt: This introductory text explores the historical origins of the main legal institutions that came to characterize the Anglo-American legal tradition, and to distinguish it from European legal systems. The book contains both text and extracts from historical sources and literature. The book is published in color, and contains over 250 illustrations, many in color, including medieval illuminated manuscripts, paintings, books and manuscripts, caricatures, and photographs.
