Common law

Author: Oliver Wendell Holmes

Publisher: N.A

ISBN: 9783428121519

Category: Common law

Page: 423

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The Nature of the Common Law

Author: Melvin Aron Eisenberg

Publisher: Harvard University Press

ISBN: 9780674604810

Category: Law

Page: 204

View: 8904

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Much of our law is based on authoritative texts, such as constitutions and statutes. The common law, in contrast, is that part of the law that is established by the courts. 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 far from clear what principles courts use--or should use--in establishing common law rules. In this lucid yet subtly argued book, Melvin Eisenberg develops the principles that govern this process. The rules established in every common law case, he shows, are a product of the interplay between the rules announced in past precedents, on the one hand, and moral norms, policies, and experience, on the other. However, a court establishing a common law rule is not free, as a legislator would be, to employ those norms and policies it thinks best. Rather, it can properly employ only those that have a requisite degree of social support. More specifically, the common law should seek to satisfy three standards. First, it should correspond to the body of rules that would be arrived at by giving appropriate weight to all moral norms, policies, and experiential propositions that have the requisite support, and by making the best choices where norms, policies, and experience conflict. Second, all the rules that make up the body of the law should be consistent with one another. Third, the rules adopted in past precedents should be applied consistently over time. Often, these three standards point in the same direction. The central problems of legal reasoning arise when they do not. These problems are resolved by the principles of common law adjudication. With the general principles of common law adjudication as a background, the author then examines and explains the specific modes of common law reasoning, such as reasoning from precedent, reasoning by analogy, drawing distinctions, and overruling. Throughout the book, the analysis is fully illustrated by leading cases. This innovative and carefully worked out account of the common law will be of great interest to lawyers, law students, students in undergraduate legal studies programs, scholars interested in legal theory, and all those who want to understand the basic legal institutions of our society.

A Concise History of the Common Law

Author: Theodore Frank Thomas Plucknett

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584771372

Category: History

Page: 802

View: 2729

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Plucknett, Theodore F.T. A Concise History of the Common Law. Fifth Edition. Boston: Little, Brown and Company, 1956. Reprinted 2001 by The Lawbook Exchange, Ltd. LCCN 00-067821. ISBN 1-58477-137-2. Cloth. $125. * "Professor Plucknett has such a solid reputation on both sides of the Atlantic that one expects from his pen only what is scholarly and accurate...Nor is the expectation likely to be disappointed in this book. Plucknett's book is not...a mere epitome of what is to be found elsewhere. He has explored on his own account many regions of legal history and, even where the ground has been already quartered, he has fresh methods of mapping it. The title which he has chosen is, in view of the contents of the volume, rather a narrow one. It might equally well have been A Concise History of English Law...In conjunction with Readings on the History and System of the Common Law by Dean Pound...this book will give an excellent grounding to the student of English legal history." Percy H. Winfield. Harv. L. Rev. 43:339-340.

Shaping the Common Law

From Glanvill to Hale, 1188-1688

Author: N.A

Publisher: Stanford University Press

ISBN: 0804779597

Category: Law

Page: 282

View: 9336

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This collection discusses the contributions of great common-law jurists and singular documents - namely the Magna Carta and the Laws and Liberties of Massachusetts - that have shaped common law, from its origins in twelfth-century England to its arrival in the American colonies. Featured jurists include such widely recognized figures as Glanvill, Francis Bacon, Sir Edward Coke, and John Selden, as well as less-known but influential writers like Richard Hooker, Michael Dalton, William Hudson, and Sir Matthew Hale.

A Natural History of the Common Law

Author: S. F. C. Milsom

Publisher: Columbia University Press

ISBN: 0231503490

Category: History

Page: 184

View: 5029

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How does law come to be stated as substantive rules, and then how does it change? In this collection of discussions from the James S. Carpentier Lectures in legal history and criticism, one of Britain's most acclaimed legal historians S. F. C. Milsom focuses on the development of English common law—the intellectually coherent system of substantive rules that courts bring to bear on the particular facts of individual cases—from which American law was to grow. Milsom discusses the differences between the development of land law and that of other kinds of law and, in the latter case, how procedural changes allowed substantive rules first to be stated and then to be circumvented. He examines the invisibility of early legal change and how adjustment to conditions was hidden behind such things as the changing meaning of words. Milsom points out that legal history may be more prone than other kinds of history to serious anachronism. Nobody ever states his assumptions, and a legal writer, addressing his contemporaries, never provided a glossary to warn future historians against attributing their own meanings to his words and therefore their own assumptions to his world. Formal continuity has enabled nineteenth-century assumptions to be carried back, in some respects as far back as the twelfth century. This book brings together Milsom's efforts to understand the uncomfortable changes that lie beneath that comforting formal surface. Those changes were too large to have been intended by anyone at the time and too slow to be perceived by historians working within the short periods now imposed by historical convention. The law was made not by great men making great decisions but by man-sized men unconcerned with the future and thinking only about their own immediate everyday difficulties. King Henry II, for example, did not intend the changes attributed to him in either land law or criminal law; the draftsman of De Donis did not mean to create the entail; nobody ever dreamed up a fiction with intent to change the law.

The Common Law in Chinese Context

Author: Berry Fong-Chung Hsu

Publisher: Hong Kong University Press

ISBN: 9789622093010

Category: Law

Page: 284

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Studies the extent to which Common Law notions have taken root in Hong Kong, and answers the most fundamental question about Hong Kong law today: Do the people of Hong Kong want to preserve this system after 1997?

A History of the Common Law of Contract

The Rise of the Action of Assumpsit

Author: Alfred William Brian Simpson

Publisher: Oxford University Press

ISBN: 9780198255734

Category: Law

Page: 646

View: 3991

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The Common Law is one of the two major and successful systems of law developed in Western Europe, and in one form or another is now in force not only in the country of its origin but also in the United States and large parts of the British Commonwealth and former parts of the Empire. Perhaps its most typical product is English Contract Law, developed continuously since the birth of the common law almost wholly by judicial decision. Although in its modern form primarily a product of the nineteenth century, the common law of contract as we know it developed around the action of assumpsit which evolved at the close of the fourteenth century, and many of its characteristic doctrines first emerged in the sixteenth and seventeenth centuries. This book, which takes the story up to 1677 (the date of Statute of Frauds) forms the first part of the history of contract law, and is written primarily from a doctrinal standpoint.

The Spirit of the Common Law

Author: Roscoe Pound

Publisher: Transaction Publishers

ISBN: 9781412839112

Category: Law

Page: 224

View: 4664

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The Spirit of the Common Law is one of Roscoe Pound's most notable works. It contains the brilliant lectures he delivered at Dartmouth College in the summer of 1921. It is a seminal book embodying the spiritual essence of sociological jurisprudence by its leading prophet. This work is both a celebration of the common law and a warning for common law judges and lawyers to return to and embrace the pragmatism and judicial empiricism that define and energize the common law. The two fundamental doctrines of the common law, Pound writes, are the doctrine of precedents and the doctrine of supremacy of law. In an earlier preface, Justice Arthur J. Goldberg writes that The Spirit of the Common Law will always be treasured by judges and lawyers for its philosophy and history, but more importantly for Roscoe Pound's optimism and faith in the capacity of law to keep up with the times without sacrificing fundamental values. It is a faith built upon the conviction that the present is not to be divorced from the past, but rather that the past and the present are to be built upon to make a better future. Neil Hamilton and Mathias Alfred Jaren provide a biographical introduction to the book. They discuss the various influences upon Pound's scholarly pursuits and they analyze many of his writings that led up to The Spirit of the Common Law. This volume is a necessary addition to the libraries of legal scholars and professionals, sociologists, and philosophers.

French Administrative Law and the Common-law World

Author: Bernard Schwartz,Arthur T. Vanderbilt

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584777044

Category: History

Page: 367

View: 1972

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Schwartz provides a masterly exposition of administrative law through a comparative study of the French droit administratif, arguably the most sophisticated Continental model. As Vanderbilt points out in his introduction, this is an important field that involves much more than administrative procedure. It deals directly with some of the most crucial issues of modern government regarding the distribution of power between governmental units, the resulting effect on the freedom of the individual and on the strength and stability of the state. Reprint of the sole edition. "[T]his book represents a significant achievement.... Unlike so many volumes that roll off the press these days, it fills a real need; and, though perhaps not the definitive work in English on the subject, it fills it extremely well." --Frederic S. Burin, Columbia Law Review 54 (1954) 1016 Bernard Schwartz [1923-1997] was professor of law and director of the Institute of Comparative Law, New York University. He was the author of over fifty books, including The Code Napoleon and the Common-Law World (1956), the five-volume Commentary on the Constitution of the United States (1963-68), Constitutional Law: A Textbook (2d ed., 1979), Administrative Law: A Casebook (4th ed., 1994) and A History of the Supreme Court (1993).

The Common Law

Author: Oliver Wendell Holmes

Publisher: Courier Corporation

ISBN: 0486121224

Category: Political Science

Page: 480

View: 1676

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Only paperback edition of a great legal classic. Lucid, accessible coverage of liability, criminal law, torts, contracts, and more, from historical perspective. New introduction by Sheldon M. Novick. Table of Cases.

The making of the common law

Author: Paul Brand

Publisher: Hambledon Pr

ISBN: N.A

Category: Law

Page: 490

View: 7936

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The history of the Common Law is not just a history of legal doctrine. It is also the history of the courts where that doctrine was shaped and of the lawyers, judges and clerks who ran the courts and made and applied legal rules in particular cases. This book, which brings together both published and unpublished essays, reflects this broader understanding of legal history. It complements the author's The Origins of the English Legal Profession. Paul Brand describes the early history of the legal profession in both England and Ireland and uncovers fresh evidence on the beginnings of professional education. He reevaluates the significance of major changes in the organisation of the English courts in Henry II's reign and the transformation of the English judiciary which took place during the second half of the thirteenth century, periods of key importance in the shaping of the English legal system. Other essays review the contribution made to legal literature by Ralph de Hengham, the best known royal judge of the reign of Edward I, and shed new light on the life and times of Thomas Weyland, 'chief justice and felon'. An essay on the twelfth-century origins of English land law provides a critical introduction to the work of S.F.C. Milsom for the non-specialist. Different mechanisms of legal change at work in the thirteenth century are examined in studies of the drafting of legislation, on the modification of Common Law remedies for unjust distraint of tenants by their lords and on the introduction of controls on alienations in mortmain.

Americanization of the Common Law

The Impact of Legal Change on Massachusetts Society, 1760-1830

Author: William Edward Nelson

Publisher: University of Georgia Press

ISBN: 9780820315874

Category: Law

Page: 269

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Americanization of the Common Law remains one of the standard works on the transformation of law in America from the late colonial period to the end of the early republic. In a straightforward manner, William E. Nelson analyzes the profound ideological movement that grew out of the American Revolution and caused substantial structural change in the legal and social order of Massachusetts and, by extension, in the nation at large. The Revolution, Nelson argues, transformed a hierarchical and communitarian legal and social order into an egalitarian and individualistic one. For this edition, Nelson has written a new preface in which he discusses the book's initial reception and the relevant historiographical issues that have arisen since it was first published in 1975.

The Common Law

Its Origin, Sources, Nature, and Development, and what the State of New York Has Done to Improve Upon it

Author: Charles Patrick Daly

Publisher: N.A

ISBN: N.A

Category: Common law

Page: 71

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The Common Law and the Environment

Rethinking the Statutory Basis for Modern Environmental Law

Author: Roger E. Meiners,Andrew P. Morriss

Publisher: Rowman & Littlefield

ISBN: 9780847697090

Category: Law

Page: 279

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Since 1970, when the Clean Air Act was passed and the Environmental Protection Agency was created, the primary means for addressing environmental problems in the U.S. has been through comprehensive federal statutes and detailed regulations. Evaluating almost three decades of experience with the Clean Air Act, Superfund, the Clean Water Act, the Endangered Species Act, and other major federal environmental statutes, the contributors to this volume question the effectiveness and impact of the legal regime that created these regulations. While most studies of environmental policy paint a picture of improvement through government initiatives, these essays argue the contrary. Pointing to Cleveland's burning river, the death of Lake Erie, smog in Los Angeles, and Love Canal, the contributors demonstrate that command-and-control regulation of the environment has not delivered the great improvements in environmental quality as promised. The Common Law and the Environment offers principles for a new approach to protecting the environment and looks to evidence of the successes of alternative legal systems to address significant problems.

The Common Law Tradition

A Collective Portrait of Five Legal Scholars

Author: George Liebmann

Publisher: Routledge

ISBN: 135148480X

Category: Law

Page: 385

View: 7110

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This book commemorates a place and a time in American law teaching, but more importantly, an outlook: the common law tradition. That outlook was empirical and tolerant. These values were carried into expression by a group of people who were not part of a cult or faction nor ruled by the herd instinct. Now in paperback, The Common Law Tradition is a collective portrait of five scholars who epitomize the tradition.The focus is Chicago in the 1960s. The five figures considered--Edward H. Levi, Harry Kalven, Jr., Karl Llewellyn, Philip Kurland, and Kenneth Culp Davis--did much to broaden the perspectives of the legal academy. Levi made use of sociology, economics, and comparative law. Kalven collaborated with sociologists on the Jury Project and with economists on tax law and auto compensation plans. Llewellyn's commitment to empirical research underpinned his work on the Uniform Commercial Code. Kurland's approach to constitutional law was highlighted by his insistence on the relevance of legal history. Davis was an energetic comparativist in his work on administrative law. What distinguished these Chicagoans is that their work was practical and rooted in the law, and hence yielded concrete applications. The group's diversity, the tolerant atmosphere in which they taught and wrote, and the attachment of its individual members to empirical approaches differentiate them from today's legal scholars and make their ideas of continuing importance.

The Genius of the Common Law

Author: Frederick Pollock

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584770430

Category: History

Page: 141

View: 1975

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Pollock, Sir Frederick. The Genius of the Common Law. New York: The Columbia University Press, 1912. vii, 141 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 99-047160. ISBN 1-58477-043-0. Cloth. $60. * A collection of Sir Frederick Pollock's lectures from the Carpentier Series at Columbia University. Holdsworth praised the eight lectures as a discussion of "...critical studies of aspects and characteristics of the common law which only an accomplished legal historian, a master of the modern law, and a professor of jurisprudence could have written." Holdsworth, Some Makers of English Law 287. Marke, A Catalogue of the Law Collection of New York University (1953) 143.

A General Abridgment of the Common Law

Alphabetically Digested Under Proper Titles. With Notes and References to the Whole. With Three Tables: the First, of the Several Titles. The Second, of the Names of the Cases. And the Third, of the Matter Under General Heads

Author: Knightley D'Anvers

Publisher: N.A

ISBN: N.A

Category: Law

Page: N.A

View: 5297

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