The Case Against The Common Law
Download The Case Against The Common Law full books in PDF, epub, and Kindle. Read online free The Case Against The 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 | : Gordon Tullock |
Publisher | : |
Total Pages | : 92 |
Release | : 1997 |
Genre | : Law |
ISBN | : |
Central to the social functions and the foundational principles of the common law system is the concept of doctrinal stability as encapsulated in the institutional principle of stare decisis, or binding precedent. Under this principle, precedent binds subsequent similar cases when certain formal conditions are met. The doctrinal stability standard cannot survive significant deviation from the principle of stare decisis. Gordon Tullock demonstrates how the retreat from stare decisis in the U.S. common law system is a predictable consequence of adverse institutional characteristics. He concludes that this withdrawal is now sufficiently extensive as to challenge the validity of the common law system itself.
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 | : Thomas J. McSweeney |
Publisher | : |
Total Pages | : 305 |
Release | : 2019 |
Genre | : History |
ISBN | : 0198845456 |
This book examines the development of legal professionalism in the early English common law, with specific reference to the 13th-century treatise known as Bracton and to its likely authors.
Author | : Edson Read Sunderland |
Publisher | : |
Total Pages | : 860 |
Release | : 1914 |
Genre | : Pleading |
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 | : Theodore Frank Thomas Plucknett |
Publisher | : The Lawbook Exchange, Ltd. |
Total Pages | : 828 |
Release | : 2001 |
Genre | : Common law |
ISBN | : 1584771372 |
Originally published: 5th ed. Boston: Little, Brown and Co., 1956.
Author | : W. J. Waluchow |
Publisher | : Cambridge University Press |
Total Pages | : 7 |
Release | : 2006-12-25 |
Genre | : Philosophy |
ISBN | : 1139462814 |
In this study, W. J. Waluchow argues that debates between defenders and critics of constitutional bills of rights presuppose that constitutions are more or less rigid entities. Within such a conception, constitutions aspire to establish stable, fixed points of agreement and pre-commitment, which defenders consider to be possible and desirable, while critics deem impossible and undesirable. Drawing on reflections about the nature of law, constitutions, the common law, and what it is to be a democratic representative, Waluchow urges a different theory of bills of rights that is flexible and adaptable. Adopting such a theory enables one not only to answer to critics' most serious challenges, but also to appreciate the role that a bill of rights, interpreted and enforced by unelected judges, can sensibly play in a constitutional democracy.
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 | : 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.