The Common Law
Author | : Oliver Wendell Holmes |
Publisher | : |
Total Pages | : 448 |
Release | : 1909 |
ISBN-10 | : STANFORD:36105061203688 |
ISBN-13 | : |
Rating | : 4/5 (88 Downloads) |
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Author | : Oliver Wendell Holmes |
Publisher | : |
Total Pages | : 448 |
Release | : 1909 |
ISBN-10 | : STANFORD:36105061203688 |
ISBN-13 | : |
Rating | : 4/5 (88 Downloads) |
Author | : Melvin Aron Eisenberg |
Publisher | : Harvard University Press |
Total Pages | : 220 |
Release | : 1991-10 |
ISBN-10 | : 0674604814 |
ISBN-13 | : 9780674604810 |
Rating | : 4/5 (14 Downloads) |
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.
Author | : Guido Calabresi |
Publisher | : The Lawbook Exchange, Ltd. |
Total Pages | : 348 |
Release | : 1999 |
ISBN-10 | : 9781584770404 |
ISBN-13 | : 1584770406 |
Rating | : 4/5 (04 Downloads) |
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).
Author | : James Reist Stoner |
Publisher | : |
Total Pages | : 230 |
Release | : 2003 |
ISBN-10 | : UOM:39015057600242 |
ISBN-13 | : |
Rating | : 4/5 (42 Downloads) |
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.
Author | : Nicoletta Bersier |
Publisher | : Springer Nature |
Total Pages | : 194 |
Release | : 2022-01-01 |
ISBN-10 | : 9783030877187 |
ISBN-13 | : 3030877183 |
Rating | : 4/5 (87 Downloads) |
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 | : James Oldham |
Publisher | : Univ of North Carolina Press |
Total Pages | : 445 |
Release | : 2005-12-15 |
ISBN-10 | : 9780807864005 |
ISBN-13 | : 0807864005 |
Rating | : 4/5 (05 Downloads) |
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.
Author | : Kent Greenawalt |
Publisher | : Oxford University Press |
Total Pages | : 402 |
Release | : 2013 |
ISBN-10 | : 9780199756148 |
ISBN-13 | : 0199756147 |
Rating | : 4/5 (48 Downloads) |
Kent Greenwalt's second volume on aspects of legal interpretation analyzes statutory and common law interpretation, suggesting that multiple factors are important for each, and that the relation between them influences both. The book argues against any simple "textualism," claiming that even reader understanding of statutes depends partly on perceived intent. In respect to common law interpretation, use of reasoning by analogy is defended and any simple dichotomy of "holding" and "dictum" is resisted.
Author | : H. Patrick Glenn |
Publisher | : Oxford University Press on Demand |
Total Pages | : 158 |
Release | : 2007 |
ISBN-10 | : 0199227659 |
ISBN-13 | : 9780199227655 |
Rating | : 4/5 (59 Downloads) |
The concept of common law has been one of the most important conceptual instruments of the western legal tradition, but it has been neglected by legal theory and legal history for the last two centuries. There were many common laws in Europe, including what is known in English as the common law, yet they have never previously been studied as a general phenomenon. Until the nineteenth century, the common laws of Europe lived in constant interaction with the particular laws which prevailedin their territories, and with one another. Common law was the main instrument of conciliation of laws which were drawn from different sources, though applicable on a given territory. Claims of universality could be, and were, reconciled with claims of particularity. Nineteenth and twentieth century legal theory taught that law was the exclusive product of the state, yet common laws continued to function on a world-wide basis throughout the entire period of legal nationalism. As national legal exclusivity is increasingly challenged by the process of globalization, the concept of common law can be looked to once again as a means of conceptualisation and justification of law beyond the state, while still supporting state and other local forms of normativity.
Author | : Thomas J. McSweeney |
Publisher | : Oxford University Press, USA |
Total Pages | : 305 |
Release | : 2019 |
ISBN-10 | : 9780198845454 |
ISBN-13 | : 0198845456 |
Rating | : 4/5 (54 Downloads) |
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.
Author | : Andrew Forsyth |
Publisher | : Cambridge University Press |
Total Pages | : 173 |
Release | : 2019-04-11 |
ISBN-10 | : 9781108476973 |
ISBN-13 | : 110847697X |
Rating | : 4/5 (73 Downloads) |
Presents an ambitious narrative and fresh re-assessment of common law and natural law's varied interactions in America, 1630 to 1930.