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Author : SHAWN. BAYERN
Publisher : West Academic Publishing
ISBN 13 : 9781685612429
Total Pages : 0 pages
Book Rating : 4.6/5 (124 download)
Download or read book Principles and Possibilities in Common Law written by SHAWN. BAYERN and published by West Academic Publishing. This book was released on 2023-07-10 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Description Coming Soon!
Author : Melvin Aron Eisenberg
Publisher : Harvard University Press
ISBN 13 : 0674263251
Total Pages : 220 pages
Book Rating : 4.6/5 (742 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 1991-10-01 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.
Author : John Indermaur
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (63 download)
Download or read book Principles of the Common Law written by John Indermaur and published by . This book was released on 1898 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : John Indermaur
Publisher : Legare Street Press
ISBN 13 : 9781019576748
Total Pages : 0 pages
Book Rating : 4.5/5 (767 download)
Download or read book Principles of the Common Law written by John Indermaur and published by Legare Street Press. This book was released on 2023-07-18 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a classic introduction to the principles of common law, written for students and legal professionals. It covers a wide range of topics including contracts, torts, and property law, and provides a clear and concise overview of the legal system. Originally published in the late 19th century, this book remains a valuable resource for anyone studying or practicing law today. 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 : John Indermaur
Publisher :
ISBN 13 :
Total Pages : 668 pages
Book Rating : 4.3/5 (243 download)
Download or read book Principles of the Common Law written by John Indermaur and published by . This book was released on 1895 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : John Indermaur
Publisher :
ISBN 13 :
Total Pages : 530 pages
Book Rating : 4.R/5 ( download)
Download or read book Principles of the Common Law written by John Indermaur and published by . This book was released on 1876 with total page 530 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Alured Nathaniel Myddleton Wilshere
Publisher :
ISBN 13 :
Total Pages : 932 pages
Book Rating : 4.:/5 (221 download)
Download or read book Principles of the Common Law written by Alured Nathaniel Myddleton Wilshere and published by . This book was released on 1922 with total page 932 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Oliver Wendell Holmes
Publisher :
ISBN 13 :
Total Pages : 456 pages
Book Rating : 4.4/5 (91 download)
Download or read book The Common Law written by Oliver Wendell Holmes and published by . This book was released on 1923 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Michael Arnheim
Publisher : Bloomsbury Academic
ISBN 13 :
Total Pages : 328 pages
Book Rating : 4.3/5 (243 download)
Download or read book The Principles of the Common Law written by Michael Arnheim and published by Bloomsbury Academic. This book was released on 2004 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique book identifies, explains, analyses and discusses some of the most important and controversial principles of the Common Law of England, including some comparisons with United States law and that of Australia. Are logic and reason still principles of the law or should judges just be allowed to make up the law as they go along? Is the ancient principle of obedience to the law still valid today? Does the concept of Higher Law have any application to English law in relation either to European law or human rights law? What is meant by the Rule of Law: is there really such a thing? With the great emphasis today placed on rights, does the old principle still hold true that 'Where there's a right, there's a remedy'? What has happened to the doctrine 'Nobody shall profit from his own wrongdoing'? And what about the human rights supposedly guaranteed by the European Convention? This book focuses on two: individual liberty and freedom of expression. Michael Arnheim addresses these questions and also examines practical principles which can make all the difference to, for example, the validity of a will, the interpretation of a contract, or the outcome of a claim in negligence or ad
Author : John Jay Mckelvey
Publisher : Wentworth Press
ISBN 13 : 9780530639550
Total Pages : 228 pages
Book Rating : 4.6/5 (395 download)
Download or read book Principles of Common-Law Pleading; A Brief Explanation of the Different Forms of Common-Law Actions, written by John Jay Mckelvey and published by Wentworth Press. This book was released on 2019-03-08 with total page 228 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.
Author : Charles George Walpole
Publisher : Createspace Independent Publishing Platform
ISBN 13 : 9781530018734
Total Pages : 372 pages
Book Rating : 4.0/5 (187 download)
Download or read book A Rubric of the Common Law written by Charles George Walpole and published by Createspace Independent Publishing Platform. This book was released on 2016-02-12 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the PREFACE. This book it is hoped may be of use to students; and is intended to serve as a kind of skeleton, whereon may be subsequently adjusted the various ramifications, details, and distinctions, which are to be sought for and found in the great text books. The general principles of common law are on the whole simple and clear; and it is the mass of cases reported, a large proportion of which turn upon their own peculiar facts, to which facts the general principles have to be applied, that makes each branch of law appear so formidable to the beginner. When once the general principles are firmly planted in the head, the student will follow the cases, which are corollaries or exceptions to those principles, and appreciate the decisions of the judges therein, with facility and profit; but until these general principles are clearly laid hold of, he is overwhelmed with what appears to him a chaotic and heterogeneous mass of legal learning. I have therefore endeavoured to sketch out a backbone for the student to work upon, which, though I feel it must be very incomplete, will, I trust, enable the reader to marshal his ideas. My object has been, as far as possible, to present a series of legal canons, and to illustrate these, where the meaning and effect would not be absolutely patent to the novice, with short abstracts of reported cases; in this way combining a digest with a collection of leading authorities. I have adopted the somewhat novel plan of printing in two colours, under the belief that such an arrangement might help the student to take a bird's-eye view of what is contained in these pages; and this plan must constitute my apology for the somewhat fanciful name of a "Rubric of the Common Law."
Author : John Jay McKelvey
Publisher :
ISBN 13 : 9781298408167
Total Pages : 230 pages
Book Rating : 4.4/5 (81 download)
Download or read book Principles of Common-Law Pleading; A Brief Explanation of the Different Forms of Common-Law Actions, - Scholar's Choice Edition written by John Jay McKelvey and published by . This book was released on 2015-02-20 with total page 230 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.
Author : Alured Myddelton Wilshere
Publisher :
ISBN 13 :
Total Pages : 827 pages
Book Rating : 4.:/5 (271 download)
Download or read book Principles of the Common Law written by Alured Myddelton Wilshere and published by . This book was released on 1944 with total page 827 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : John Indermaur
Publisher : Legare Street Press
ISBN 13 : 9781018867243
Total Pages : 0 pages
Book Rating : 4.8/5 (672 download)
Download or read book Principles of the Common Law written by John Indermaur 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 : Francis Walter Marshall
Publisher :
ISBN 13 :
Total Pages : 414 pages
Book Rating : 4.F/5 ( download)
Download or read book Common Legal Principles that Every One Should Know written by Francis Walter Marshall and published by . This book was released on 1929 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Finn Seyersted
Publisher : BRILL
ISBN 13 : 9047433467
Total Pages : 632 pages
Book Rating : 4.0/5 (474 download)
Download or read book Common Law of International Organizations written by Finn Seyersted and published by BRILL. This book was released on 2008-06-30 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work provides a comprehensive theory of the system of legal norms that are developed partly in the internal written (constitutional) law of intergovernmental organizations and partly through their consistent practice, and that are therefore common to intergovernmental organizations. The legal construction presented in this volume consists of the following main elements: As for all other self-governing communities all intergovernmental organizations possess their own internal law governing their relations with 1) the organs of the organization, 2) the officials and 3) the member states in their capacity as members of the organization. Some organizations exercise in addition extended (delegated) jurisdiction over states, other organizations and/or individuals. Secondly, as for other self-governing communities all intergovernmental organizations are subjects of public international law in their relations with other self-governing communities (states and other intergovernmental organizations), and in the case of extended jurisdiction, also in relations with individuals and private entities. Thirdly, as for all other self-governing communities possessing its own internal law (its distinct lex personalis), intergovernmental organizations enter into relations of a private law nature with both public and private entities. Governed by the rules on conflict of laws, these relations must be determined by assessing relevant 1) personal, 2) territorial and 3) organic connecting factors. Thus Common Law of Intergovernmental Organizations brings together all those elements pertaining to the theory of objective legal personality that have been presented in a scattered fashion, in bits and pieces. Common Law of Intergovernmental Organizations, starting out from the position of objective legal personality, is fully compatible with modern requirements of good governance and accountability of international organizations, and particularly adaptable to the ideal of “systemic integration” of legal regimes constituting internal law of the organization.
Author : Josiah William Smith
Publisher :
ISBN 13 :
Total Pages : 548 pages
Book Rating : 4.R/5 ( download)
Download or read book A Manual of Common Law written by Josiah William Smith and published by . This book was released on 1864 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt:
