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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 : 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 : 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 : John Indermaur
Publisher :
ISBN 13 :
Total Pages : 532 pages
Book Rating : 4.0/5 (26 download)
Download or read book Principles of the Common Law, Etc written by John Indermaur and published by . This book was released on 1876 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : John Indermaur
Publisher :
ISBN 13 :
Total Pages : 595 pages
Book Rating : 4.:/5 (18 download)
Download or read book Principles of the Common Law written by John Indermaur and published by . This book was released on 1988 with total page 595 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Guido Calabresi
Publisher : Harvard University Press
ISBN 13 : 9780674146051
Total Pages : 336 pages
Book Rating : 4.1/5 (46 download)
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 1982 with total page 336 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.
Author : John Laws
Publisher : Cambridge University Press
ISBN 13 : 1107077729
Total Pages : 107 pages
Book Rating : 4.1/5 (7 download)
Download or read book The Common Law Constitution written by John Laws and published by Cambridge University Press. This book was released on 2014-07-17 with total page 107 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The law is not a science, for its purpose is not to find out natural facts. It is an art as architecture is an art: its function is practical, but it is enhanced by such qualities as elegance, economy and clarity. The law has two practical purposes: first, to require, forbid or penalise forms of conduct between citizen and citizen, and citizen and State; secondly, to provide formal rules for classes of human activity whose fulfilment would otherwise be confused, uncertain or ineffective. Laws in the former category include every provision for a remedy"--
Author : Oliver Wendell Holmes
Publisher : Transaction Publishers
ISBN 13 : 9781412819909
Total Pages : 370 pages
Book Rating : 4.8/5 (199 download)
Download or read book The Common Law written by Oliver Wendell Holmes and published by Transaction Publishers. This book was released on 2004-11-01 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Common Law is Oliver Wendell Holmes' most sustained work of jurisprudence. In it the careful reader will discern traces of his later thought as found in both his legal opinions and other writings. At the outset of The Common Law Holmes posits that he is concerned with establishing that the common law can meet the changing needs of society while preserving continuity with the past. A common law judge must be creative, both in determining the society's current needs, and in discerning how best to address these needs in a way that is continuous with past judicial decisions. In this way, the law evolves by moving out of its past, adapting to the needs of the present, and establishing a direction for the future. To Holmes' way of thinking, this approach is superior to imposing order in accordance with a philosophical position or theory because the law would thereby lose the flexibility it requires in responding to the needs and demands of disputing parties as well as society as a whole. According to Holmes, the social environment--the economic, moral, and political milieu--alters over time. Therefore, in order to remain responsive to this social environment, the law must change as well. But the law is also part of this environment and impacts it. There is, then, a continual reciprocity between the law and the social arrangements in which it is contextualized. And, as with the evolution of species, there is no starting over. Rather, in most cases, a judge takes existing legal concepts and principles, as these have been memorialized in legal precedent, and adapts them, often unconsciously, to fit the requirements of a particular case and present social conditions. Oliver Wendell Holmes, Jr. (1841-1935) served as chief justice of the Massachusetts Supreme Court and as an associate justice of the U.S. Supreme Court. He was nicknamed the "Great Dissenter" because of his many dissenting opinions. Holmes is also the author of Kent's Commentaries on the Law (1873) and "The Path of the Law" (1897). Tim Griffin has advanced degrees in philosophy and law, and has taught philosophy and legal theory courses at a number of universities. He is currently a seminarian pursuing ordination to the priesthood in the Episcopal Church.
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 : John Indermaur
Publisher :
ISBN 13 :
Total Pages : 604 pages
Book Rating : 4.:/5 ( download)
Download or read book Principles of the Common Law written by John Indermaur and published by . This book was released on 1883 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : John Indermaur
Publisher :
ISBN 13 :
Total Pages : 468 pages
Book Rating : 4.:/5 (315 download)
Download or read book Principles of the Common Law, Etc. written by John Indermaur and published by . This book was released on 1880 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 : George HARRIS (Barrister-at-Law.)
Publisher :
ISBN 13 :
Total Pages : 284 pages
Book Rating : 4.0/5 (26 download)
Download or read book Principia Prima Legum: Or, an Enunciation and Analysis of the Elementary Principles of Law, in Its Several Departments, Etc. Pt. 1 written by George HARRIS (Barrister-at-Law.) and published by . This book was released on 1865 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : John Indermaur
Publisher :
ISBN 13 :
Total Pages : 666 pages
Book Rating : 4.F/5 ( download)
Download or read book Principles of the Common Law written by John Indermaur and published by . This book was released on 1909 with total page 666 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
