THE COMMON LAW TRADITION

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The Common Law Tradition

Author : John Hamilton Baker
ISBN : 1852851813
Genre : Law
File Size : 32.67 MB
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Legal history is not merely a history of particular events but also a history of traditions, intellectual and institutional. The Common Law Tradition is about the learned traditions which have shaped the common law and the English legal mind over the centuries: the profession, its structure, its technical language and its literature. J.H. Baker also looks at central institutions, such as the inns of court and chancery, and at local courts, which operated on the fringes of the common law, early conveyancing courses, the origins of law reporting and the first identifiable English year-book reporter. There is an account of the short-lived practice of reporting criminal cases at Newgate in the early fourteenth century and a suggestion that the spread of law reporting on the continent of Europe was begun by Englishmen serving in the fourteenth-century curia at Avignon. Legal history is not merely a history of particular events but also a history of traditions, intellectual and institutional. The Common Law Tradition is about the learned traditions which have shaped the common law and the English legal mind over the centuries: the profession, its structure, its technical language and its literature. J.H. Baker also looks at central institutions, such as the inns of court and chancery, and at local courts, which operated on the fringes of the common law, early conveyancing courses, the origins of law reporting and the first identifiable English year-book reporter. There is an account of the short-lived practice of reporting criminal cases at Newgate in the early fourteenth century and a suggestion that the spread of law reporting on the continent of Europe was begun by Englishmen serving in the fourteenth-century curia at Avignon.
Category: Law

Bentham And The Common Law Tradition

Author : Gerald J. Postema
ISBN : 0198256515
Genre : Science
File Size : 34.14 MB
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The debate between Bentham and classical Common Law theory is philosophically fundamental and has shaped contemporary conceptions of the nature, tasks, and limits of law and adjudication. This book offers a philosophical interpretation of this historical debate.
Category: Science

The Common Law Tradition

Author : John F. McEldowney
ISBN : UOM:39015019439291
Genre : History
File Size : 48.87 MB
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Category: History

Conceptualising Property Law

Author : Yaëll Emerich
ISBN : 9781788111843
Genre : LAW
File Size : 36.96 MB
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Conceptualising Property Law offers a transsystemic and integrated approach to common law and civil law property. Property law has traditionally been excluded from comparative law analysis, common law and civil law property being deemed irreconcilable. With this book, Ya'll Emerich aims to dispel the myth that comparison between these two systems of property is impossible. By establishing a dialogue between common law and civil law property, it becomes clear that the two legal traditions share common ground in the way that they address legal, cultural, and social issues related to property and wealth.
Category: LAW

Common Law And Civil Law Today Convergence And Divergence

Author : Marko Novakovic
ISBN : 9781622738076
Genre : Law
File Size : 45.81 MB
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Authors from 13 countries come together in this edited volume, Common Law and Civil Law Today: Convergence and Divergence, to present different aspects of the relationship and intersections between common and civil law. Approaching the relationship between common and civil law from different perspectives and from different fields of law, this book offers an intriguing insight into the similarities, differences and connections between these two major legal traditions. This volume is divided into 3 parts and consists of 22 articles. The first part discusses the common law/civil law dichotomy in the international legal systems and theory. The second focuses on case-law and arbitration, while the third part analyses elements of common and civil law in various legal systems. By offering such a variety of approaches and voices, this book allows the reader to gain an invaluable insight into the historical, comparative and theoretical contexts of this legal dichotomy. From its carefully selected authors to its comprehensive collection of articles, this edited volume is an essential resource for students, researchers and practitioners working or studying within both legal systems.
Category: Law

The Common Law Tradition

Author : George Liebmann
ISBN : 9781351484800
Genre : Law
File Size : 57.53 MB
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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.
Category: Law

American Law In The Common Law Tradition

Author : Mack A. Player
ISBN : 1600421059
Genre : Law
File Size : 25.62 MB
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Foundations of the Law of the United States is designed to introduce individuals to the basic structure of the American legal/political system, with contrasts to the civil law system: 1) The adversarial approach; 2) Sources and Interpretation of American law (with emphasis on customary law and the role of judicial precedent); 3) Fact finding (in particular the jury); 4) Structure of American government, and 5) Relationship between governments and individuals. The materials emphasize the primary source of American law - published decisions from American courts. About the author: Mack A. Player is Professor of Law at Santa Clara University, where he teaches Introduction to United States Law and Employment Discrimination Law. Professor Player served as Dean of the Law School at Santa Clara University from 1994-2003 after which he served as the Director of Santa Clara Center for Global Law and Policy. Professor Player has held chaired professorships at the University of Georgia and at Florida State University. He has taught courses in United States Law at the Universities of Vienna, St. Gallen (Switzerland), and Gent (Belgium). He has published casebooks, a text, and nutshells- on Employment Discrimination."
Category: Law

Bentham And The Common Law Tradition

Author : Gerald Postema
ISBN : 9780198793052
Genre : Law
File Size : 37.76 MB
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This work explores the relationship between Bentham's utilitarian practical philosophy and his positivist jurisprudence. These theories appear to be in tension because his utilitarian commitment to the sovereignty of utility as a practical decision principle seems inconsistent with his positivist insistence on the sovereignty of the will of the lawmaker. Two themes emerge from the attempt in this work to reconcile these two core elements of Bentham's practical thought. First, Bentham's conception of law does not fit the conventional model of legal positivism. Bentham was not just a utilitarian and a positivist; he was a positivist by virtue of his commitment to a utilitarian understanding of the fundamental task of law. Moreover, his emphasis on the necessary publicity and the systemic character of law, led him to insist on an essential role for utilitarian reasons in the regular public functioning of law. Second, Bentham's radical critique of common law theory and practice convinced him of the necessity to reconcile the need for certainty of law with an equally great need for its flexibility. He eventually developed a constitutional framework for adjudication in the shadow of codified law that accorded to judges discretion to decide particular cases according to their best judgment of the balance of utilities, guaranteeing the accountability and appropriate motivation of judicial decision-making through institutional incentives. The original text of this work, first published in 1986, remains largely unchanged, but an afterword reconsiders and revises some themes in response to criticism.
Category: Law

Legal Traditions Of The World

Author : H. Patrick Glenn
ISBN : 9780199669837
Genre : Law
File Size : 83.74 MB
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Legal Traditions of the World places national laws in the broader context of major legal traditions, those of chthonic (or indigenous) law, talmudic law, civil law, islamic law, common law, hindu law and confucian law. Each tradition is examined in terms of its institutions and substantive law, its founding concepts and methods, its attitude towards the concept of change and its teaching on relations with other traditions and peoples. The fifth edition covers increasing recognition of chthonic legal tradition and features new discussion on the notion of collective memory. New to this editionFeatures new discussion on the notion of collective memoryCovers increasing recognition of chthonic legal traditionIncludes new coverage of the notions of Big Data, Big History and private cloudsIncreased coverage of treatment of animals in each of the legal traditions
Category: Law