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The Nature Of The Common Law
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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 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 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.
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.
Book Synopsis The Nature and Sources of the Law by : John Chipman Gray
Download or read book The Nature and Sources of the Law written by John Chipman Gray and published by . This book was released on 1909 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Book Synopsis The Genius of the Common Law by : Frederick Pollock
Download or read book The Genius of the Common Law written by Frederick Pollock and published by . This book was released on 1912 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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.
Book Synopsis The Common Law and English Jurisprudence, 1760-1850 by : Michael Lobban
Download or read book The Common Law and English Jurisprudence, 1760-1850 written by Michael Lobban and published by OUP Oxford. This book was released on 1991 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Michael Lobban argues that a proper understanding of English law and jurisprudence in the period is needed to clarify the nature of common-law practice and the way in which it was envisaged by its practitioners. He questions some commonly-accepted views of the nature of thecommon law itself and argues that attempts - notably those by Blackstone and Bentham - to expound or to criticize common law in essentially theoretical terms were mistaken. His approach is not a philosophically-based one, but he is concerned with the evolution and spread of judicial ideas which weregrounded upon the work of moral and political philosophers, and makes a valuable corrective contribution to our historical understanding of a critically important period in legal history.
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 Excellence of the Common Law by : Brent Allan Winters
Download or read book Excellence of the Common Law written by Brent Allan Winters and published by . This book was released on 2008 with total page 958 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Common-law Liberty by : James Reist Stoner
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.
Book Synopsis A Common Law for the Age of Statutes by : Guido Calabresi
Download or read book A Common Law for the Age of Statutes written by Guido Calabresi and published by Harvard University Press. This book was released on 2009-07-01 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: The dominance of legislatures and statutory law has put an impossible burden on the courts. Guido Calabresi thinks it is time for this country seriously to consider returning to a traditional American judicial–legislative balance in which courts would enlarge the common law and would also decide when a rule of law has seen its day and should be revised.
Book Synopsis The Creation of American Common Law, 1850–1880 by : Howard Schweber
Download or read book The Creation of American Common Law, 1850–1880 written by Howard Schweber and published by Cambridge University Press. This book was released on 2004-01-12 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a comparative study of the American legal development in the mid-nineteenth century. Focusing on Illinois and Virginia, supported by observations from six additional states, the book traces the crucial formative moment in the development of an American system of common law in northern and southern courts. The process of legal development, and the form the basic analytical categories of American law came to have, are explained as the products of different responses to the challenge of new industrial technologies, particularly railroads. The nature of those responses was dictated by the ideologies that accompanied the social, political, and economic orders of the two regions. American common law, ultimately, is found to express an emerging model of citizenship, appropriate to modern conditions. As a result, the process of legal development provides an illuminating perspective on the character of American political thought in a formative period of the nation.
Book Synopsis Law in America by : Lawrence M. Friedman
Download or read book Law in America written by Lawrence M. Friedman and published by Modern Library. This book was released on 2004-10-12 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout America’s history, our laws have been a reflection of who we are, of what we value, of who has control. They embody our society’s genetic code. In the masterful hands of the subject’s greatest living historian, the story of the evolution of our laws serves to lay bare the deciding struggles over power and justice that have shaped this country from its birth pangs to the present. Law in America is a supreme example of the historian’s art, its brevity a testament to the great elegance and wit of its composition.
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.
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.
