A Common Law for the Age of Statutes

A Common Law for the Age of Statutes
Author :
Publisher : The Lawbook Exchange, Ltd.
Total Pages : 348
Release :
ISBN-10 : 9781584770404
ISBN-13 : 1584770406
Rating : 4/5 (04 Downloads)

Synopsis A Common Law for the Age of Statutes by : Guido Calabresi

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).

Dynamic Statutory Interpretation

Dynamic Statutory Interpretation
Author :
Publisher : Harvard University Press
Total Pages : 460
Release :
ISBN-10 : 0674218787
ISBN-13 : 9780674218789
Rating : 4/5 (87 Downloads)

Synopsis Dynamic Statutory Interpretation by : William N. Eskridge

Contrary to traditional theories of statutory interpretation, which ground statutes in the original legislative text or intent, legal scholar William Eskridge argues that statutory interpretation changes in response to new political alignments, new interpreters, and new ideologies. It does so, first of all, because it involves richer authoritative texts than does either common law or constitutional interpretation: statutes are often complex and have a detailed legislative history. Second, Congress can, and often does, rewrite statutes when it disagrees with their interpretations; and agencies and courts attend to current as well as historical congressional preferences when they interpret statutes. Third, since statutory interpretation is as much agency-centered as judgecentered and since agency executives see their creativity as more legitimate than judges see theirs, statutory interpretation in the modern regulatory state is particularly dynamic. Eskridge also considers how different normative theories of jurisprudence--liberal, legal process, and antiliberal--inform debates about statutory interpretation. He explores what theory of statutory interpretation--if any--is required by the rule of law or by democratic theory. Finally, he provides an analytical and jurisprudential history of important debates on statutory interpretation.

Common Law in the Age of Statutes

Common Law in the Age of Statutes
Author :
Publisher :
Total Pages :
Release :
ISBN-10 : 0409341312
ISBN-13 : 9780409341317
Rating : 4/5 (12 Downloads)

Synopsis Common Law in the Age of Statutes by : David M Wright

Thinking about Statutes

Thinking about Statutes
Author :
Publisher : Cambridge University Press
Total Pages : 0
Release :
ISBN-10 : 1108465781
ISBN-13 : 9781108465786
Rating : 4/5 (81 Downloads)

Synopsis Thinking about Statutes by : Andrew Burrows

We are in the age of statutes; and it is indisputable that statutes are swallowing up the common law. Yet the study of statutes as a coherent whole is rare. In these three lectures, given as the 2017 Hamlyn Lecture series, Professor Andrew Burrows takes on the challenge of thinking seriously and at a practical level about statutes in English law. In his characteristically lively and punchy style, he examines three central aspects which he labels interpretation, interaction and improvement. So how are statutes interpreted? Is statutory interpretation best understood as seeking to effect the intention of Parliament or is that an unhelpful fiction? Can the common law be developed by analogy to statutes? Do the judges have too much power in developing the common law and in interpreting statutes? How can our statutes be improved? These and many other questions are explored and answered in this accessible and thought-provoking analysis.

The Common Law Procedure Acts and Other Statutes Relating to the Practice of the Superior Courts of Common Law, and the Rules of Court; with Notes

The Common Law Procedure Acts and Other Statutes Relating to the Practice of the Superior Courts of Common Law, and the Rules of Court; with Notes
Author :
Publisher :
Total Pages : 588
Release :
ISBN-10 : BL:A0026560779
ISBN-13 :
Rating : 4/5 (79 Downloads)

Synopsis The Common Law Procedure Acts and Other Statutes Relating to the Practice of the Superior Courts of Common Law, and the Rules of Court; with Notes by : John Charles Frederick Sigismund DAY (Right Hon. Sir.)

A Concise History of the Common Law

A Concise History of the Common Law
Author :
Publisher : The Lawbook Exchange, Ltd.
Total Pages : 828
Release :
ISBN-10 : 9781584771371
ISBN-13 : 1584771372
Rating : 4/5 (71 Downloads)

Synopsis A Concise History of the Common Law by : Theodore Frank Thomas Plucknett

Originally published: 5th ed. Boston: Little, Brown and Co., 1956.

The Common Law

The Common Law
Author :
Publisher :
Total Pages : 448
Release :
ISBN-10 : STANFORD:36105061203688
ISBN-13 :
Rating : 4/5 (88 Downloads)

Synopsis The Common Law by : Oliver Wendell Holmes