Download or read book Common Law and Codification Or The Common Law as a System of Reasoning written by Joel Prentiss Bishop and published by . This book was released on 1888 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Common Law and Codification written by Bishop and published by . This book was released on 1888 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Proposed Codification of Our Common Law written by James Coolidge Carter and published by . This book was released on 1884 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Thoughts on Codification of the Common Law written by Albert Mathews and published by . This book was released on 1887 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Nature of the Common Law written by Melvin Aron Eisenberg and published by Harvard University Press. This book was released on 1991-10-01 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Thoughts on Codification of the Common Law written by Paul Siegvolk and published by . This book was released on 1882 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Common Law written by Oliver Wendell Holmes and published by DigiCat. This book was released on 2022-09-15 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: DigiCat Publishing presents to you this special edition of "The Common Law" by Oliver Wendell Holmes. DigiCat Publishing considers every written word to be a legacy of humankind. Every DigiCat book has been carefully reproduced for republishing in a new modern format. The books are available in print, as well as ebooks. DigiCat hopes you will treat this work with the acknowledgment and passion it deserves as a classic of world literature.
Download or read book Readings on the History and System of the Common Law written by Roscoe Pound and published by . This book was released on 1913 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Common Law written by Oliver Wendell Holmes and published by Cosimo, Inc.. This book was released on 2009-01-01 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: Before he became U.S. Supreme Court justice in 1902, American jurist OLIVER WENDELL HOLMES JR. (1841-1935) was already famous as the most influential proponent for and teacher of the common law. In this collection of lectures-originally delivered at the Lowell Institute in Boston and first gathered in book form in 1881-Holmes introduces us to basic concepts of the common law and explains his reasoning of them. Discussed are: [ liability [ criminal law [ trespass and negligence [ fraud, malice, and intent [ possession and ownership [ the contract [ and much more. One of the most widely cited members of the Supreme Court, Holmes continues to dramatically impact the U.S. legal system to this day. This classic volume of his jurisprudence-reproduced here from the 1938 31st printing-is essential reading for anyone wishing to understand modern American law.
Download or read book Codification of the Common Law written by Massachusetts. Commissioners on Codification of the Common Law and published by . This book was released on 1852 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Proposed Codification of Our Common Law written by Carter and published by . This book was released on 1884 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Spirit of the Common Law written by Roscoe Pound and published by . This book was released on 1921 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Common Law Civil Law written by Nicoletta Bersier and published by Springer Nature. This book was released on 2022-01-01 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Science of Law and Lawmaking written by Richard Floyd Clarke and published by . This book was released on 1898 with total page 558 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The History of the Common Law Considered with Some Reference to Its Relations to Politics Economics Language Literature Art and Religion written by Simeon Eben Baldwin and published by . This book was released on 1906 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Common Law Tradition written by Karl N. Llewellyn and published by Quid Pro Books. This book was released on 2016-05-21 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Spirit of the Common Law written by Roscoe Pound and published by . This book was released on 1906 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
