Download or read book The Common Law written by Oliver Wendell Holmes and published by Good Press. This book was released on 2019-11-19 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'The Common Law' is a book that was written by Oliver Wendell Holmes Jr., 21 years before Holmes became an Associate Justice of the Supreme Court of the United States. The book is about common law in the United States, including torts, property, contracts, and crime. It is written as a series of lectures. One of the most famous aphorisms to be drawn from this book occurs on the first page: "The life of the law has not been logic: it has been experience."
Download or read book A Common Law for the Age of Statutes written by Guido Calabresi and published by Harvard University Press. This book was released on 2009-07-01 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book English Common Law in the Age of Mansfield written by James Oldham and published by Univ of North Carolina Press. This book was released on 2005-12-15 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Statutory and Common Law Interpretation written by Kent Greenawalt and published by Oxford University Press. This book was released on 2013 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 A Short Introduction to the Common Law written by Geoffrey Samuel and published by Edward Elgar Publishing. This book was released on 2013-10-31 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book Common Law and Natural Law in America written by Andrew Forsyth and published by Cambridge University Press. This book was released on 2019-04-11 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents an ambitious narrative and fresh re-assessment of common law and natural law's varied interactions in America, 1630 to 1930.
Download or read book Priests of the Law written by Thomas J. McSweeney and published by Oxford University Press, USA. This book was released on 2019 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Priests of the Law tells the story of the first people in the history of the common law to think of themselves as legal professionals. In the middle decades of the thirteenth century, a group of justices working in the English royal courts spent a great deal of time thinking and writing about what it meant to be a person who worked in the law courts. This book examines the justices who wrote the treatise known as Bracton. Written and re-written between the 1220s and the 1260s, Bracton is considered one of the great treatises of the early common law and is still occasionally cited by judges and lawyers when they want to make the case that a particular rule goes back to the beginning of the common law. This book looks to Bracton less for what it can tell us about the law of the thirteenth century, however, than for what it can tell us about the judges who wrote it. The judges who wrote Bracton - Martin of Pattishall, William of Raleigh, and Henry of Bratton - were some of the first people to work full-time in England's royal courts, at a time when there was no recourse to an obvious model for the legal professional. They found one in an unexpected place: they sought to clothe themselves in the authority and prestige of the scholarly Roman-law tradition that was sweeping across Europe in the thirteenth century, modelling themselves on the jurists of Roman law who were teaching in European universities. In Bracton and other texts they produced, the justices of the royal courts worked hard to ensure that the nascent common-law tradition grew from Roman Law. Through their writing, this small group of people, working in the courts of an island realm, imagined themselves to be part of a broader European legal culture. They made the case that they were not merely servants of the king: they were priests of the law.
Download or read book Common Law Civil Law and Colonial Law written by William Eves and published by Cambridge University Press. This book was released on 2021-04-15 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Expansion of the Common Law written by Frederick Pollock and published by Legare Street Press. This book was released on 2022-10-27 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Download or read book Common Law Judging written by Douglas E. Edlin and published by University of Michigan Press. This book was released on 2020-03-06 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are judges supposed to be objective? Citizens, scholars, and legal professionals commonly assume that subjectivity and objectivity are opposites, with the corollary that subjectivity is a vice and objectivity is a virtue. These assumptions underlie passionate debates over adherence to original intent and judicial activism. In Common Law Judging, Douglas Edlin challenges these widely held assumptions by reorienting the entire discussion. Rather than analyze judging in terms of objectivity and truth, he argues that we should instead approach the role of a judge’s individual perspective in terms of intersubjectivity and validity. Drawing upon Kantian aesthetic theory as well as case law, legal theory, and constitutional theory, Edlin develops a new conceptual framework for the respective roles of the individual judge and of the judiciary as an institution, as well as the relationship between them, as integral parts of the broader legal and political community. Specifically, Edlin situates a judge’s subjective responses within a form of legal reasoning and reflective judgment that must be communicated to different audiences. Edlin concludes that the individual values and perspectives of judges are indispensable both to their judgments in specific cases and to the independence of the courts. According to the common law tradition, judicial subjectivity is a virtue, not a vice.
Download or read book Law in Common written by Tom Johnson and published by Oxford University Press. This book was released on 2019-12-12 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: There were tens of thousands of different local law-courts in late-medieval England, providing the most common forums for the working out of disputes and the making of decisions about local governance. While historians have long studied these institutions, there have been very few attempts to understand this complex institutional form of 'legal pluralism'. Law in Common provides a way of understanding this complexity by drawing out broader patterns of legal engagement. Tom Johnson first explores four 'local legal cultures'—in the countryside, in forests, in towns and cities, and in the maritime world—that grew up around legal institutions, landscapes, and forms of socio-economic practice in these places, and produced distinctive senses of law. Johnson then turns to examine 'common legalities', widespread forms of social practice that emerge across these different localities, through which people aimed to invoke the power of law. Through studies of the physical landscape, the production of legitimate knowledge, the emergence of English as a legal vernacular, and the proliferation of legal documents, the volume offers a new way to understand how common people engaged with law in the course of their everyday lives. Drawing on a huge body of archival research from the plenitude of different local institutions, Law in Common offers a new social history of law that aims to explain how common people negotiated the transformational changes of the long fifteenth century with, and through, legality.
Download or read book The Formation of the English Common Law written by John Hudson and published by Routledge. This book was released on 2017-08-07 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Formation of English Common Law provides a comprehensive overview of the development of early English law, one of the classic subjects of medieval history. This much expanded second edition spans the centuries from King Alfred to Magna Carta, abandoning the traditional but restrictive break at the Norman Conquest. Within a strong interpretative framework, it also integrates legal developments with wider changes in the thought, society, and politics of the time. Rather than simply tracing elements of the common law back to their Anglo-Saxon, Norman or other origins, John Hudson examines and analyses the emergence of the common law from the interaction of various elements that developed over time, such as the powerful royal government inherited from Anglo-Saxon England and land holding customs arising from the Norman Conquest. Containing a new chapter charting the Anglo-Saxon period, as well as a fully revised Further Reading section, this new edition is an authoritative yet highly accessible introduction to the formation of the English common law and is ideal for students of history and law.
Download or read book The Creation of the Common Law written by Thomas Lund and published by Talbot Publishing. This book was released on 2018-07-25 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: After Edward I became king, Chief Justice Bereford took charge of the legal system and created law in accord with his own sense of justice. Here the most important medieval cases are paraphrased and analyzed, making this interesting and entertaining litigation accessible to everyone.
Download or read book History of the Common Law written by John H. Langbein and published by Aspen Publishing. This book was released on 2009-08-14 with total page 1310 pages. Available in PDF, EPUB and Kindle. Book excerpt: This introductory text explores the historical origins of the main legal institutions that came to characterize the Anglo-American legal tradition, and to distinguish it from European legal systems. The book contains both text and extracts from historical sources and literature. The book is published in color, and contains over 250 illustrations, many in color, including medieval illuminated manuscripts, paintings, books and manuscripts, caricatures, and photographs.
Download or read book History of the American Constitutional Or Common Law with Commentary Concerning Equity and Merchant Law written by Dale Pond and published by . This book was released on 1995 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt:
