Statutory and Common Law Interpretation

Statutory and Common Law Interpretation
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.

Married Women and the Law

Married Women and the Law
Author: Tim Stretton
Publisher: McGill-Queen's Press - MQUP
Total Pages: 343
Release: 2013-12-01
Genre: Law
ISBN: 0773590145

Explaining the curious legal doctrine of "coverture," William Blackstone famously declared that "by marriage, husband and wife are one person at law." This "covering" of a wife's legal identity by her husband meant that the greatest subordination of women to men developed within marriage. In England and its colonies, generations of judges, legislators, and husbands invoked coverture to limit married women's rights and property, but there was no monolithic concept of coverture and their justifications shifted to fit changing times: Were husband and wife lord and subject? Master and servant? Guardian and ward? Or one person at law? The essays in Married Women and the Law offer new insights into the legal effects of marriage for women from medieval to modern times. Focusing on the years prior to the passage of the Divorce Acts and Married Women's Property Acts in the late nineteenth century, contributors examine a variety of jurisdictions in the common law world, from civil courts to ecclesiastical and criminal courts. By bringing together studies of several common law jurisdictions over a span of centuries, they show how similar legal rules persisted and developed in different environments. This volume reveals not only legal changes and the women who creatively used or subverted coverture, but also astonishing continuities. Accessibly written and coherently presented, Married Women and the Law is an important look at the persistence of one of the longest lived ideas in British legal history. Contributors include Sara M. Butler (Loyola), Marisha Caswell (Queen’s), Mary Beth Combs (Fordham), Angela Fernandez (Toronto), Margaret Hunt (Amherst), Kim Kippen (Toronto), Natasha Korda (Wesleyan), Lindsay Moore (Boston), Barbara J. Todd (Toronto), and Danaya C. Wright (Florida).

A Short Introduction to the Common Law

A Short Introduction to the Common Law
Author: Geoffrey Samuel
Publisher: Edward Elgar Publishing
Total Pages: 205
Release: 2013-10-31
Genre: Law
ISBN: 1782546383

It adopts an approach which explains the historical development of the common law institutions and procedures whilst also setting them in perspective through a comparative outlook. Aspects of the common law are contrasted on occasions with structural o

A Concise History of the Common Law

A Concise History of the Common Law
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.

Common Law Aboriginal Title

Common Law Aboriginal Title
Author: Kent McNeil
Publisher: Oxford [England] : Clarendon Press
Total Pages: 357
Release: 1989
Genre: Art
ISBN: 9780198252238

Examines effects of colonisation on title to land in territories settled by the English; outlines possession and title to land in English law, the Crowns title to land in England; describes methods of acquisition of territorial sovereignty; discusses common law Aboriginal title (native title) and its application in United States , Canada and Australia; mentions Milirrpum v. Nabalco Pty Ltd.