The Common Law
Author | : Oliver Wendell Holmes |
Publisher | : |
Total Pages | : 448 |
Release | : 1909 |
Genre | : Common law |
ISBN | : |
Download Common Law full books in PDF, epub, and Kindle. Read online free Common Law ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Author | : Oliver Wendell Holmes |
Publisher | : |
Total Pages | : 448 |
Release | : 1909 |
Genre | : Common law |
ISBN | : |
Author | : Guido Calabresi |
Publisher | : Harvard University Press |
Total Pages | : 332 |
Release | : 2009-07-01 |
Genre | : Law |
ISBN | : 0674029151 |
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.
Author | : Sir Frederick Pollock |
Publisher | : |
Total Pages | : 188 |
Release | : 1904 |
Genre | : Common law |
ISBN | : |
Author | : Melvin Aron Eisenberg |
Publisher | : Harvard University Press |
Total Pages | : 220 |
Release | : 1991-10 |
Genre | : Law |
ISBN | : 9780674604810 |
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 | : Nicoletta Bersier |
Publisher | : Springer Nature |
Total Pages | : 194 |
Release | : 2022-01-01 |
Genre | : Law |
ISBN | : 3030877183 |
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 | : Arthur Reed Hogue |
Publisher | : |
Total Pages | : 271 |
Release | : 1986 |
Genre | : Law |
ISBN | : 9780865970540 |
Written for the beginning student as well as the experienced scholar, this introductory analysis of the origin and early development or the English common law provides and excellent grounding for the early study of legal history. Between 1154, when Henry II became king, and 1307, when Edward I died, the common law underwent spectacular growth. The author begins with a discussion of the relationship between the early rules of common law and the social order they serve during this period and concludes with an extended commentary on the durability and continued growth of the common law in modern times.
Author | : William Eves |
Publisher | : Cambridge University Press |
Total Pages | : 349 |
Release | : 2021-04-15 |
Genre | : History |
ISBN | : 1108960448 |
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.
Author | : James Oldham |
Publisher | : Univ of North Carolina Press |
Total Pages | : 445 |
Release | : 2005-12-15 |
Genre | : Law |
ISBN | : 0807864005 |
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 | : James Reist Stoner |
Publisher | : |
Total Pages | : 230 |
Release | : 2003 |
Genre | : Law |
ISBN | : |
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 | : Kent Greenawalt |
Publisher | : Oxford University Press |
Total Pages | : 402 |
Release | : 2013 |
Genre | : Law |
ISBN | : 0199756147 |
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.