THE MAKING OF THE COMMON LAW

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The Making Of The Common Law

Author : Paul Brand
ISBN : STANFORD:36105003393613
Genre : Law
File Size : 78.17 MB
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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 This book, which brings together both published and unpublished essays, reflects this broader understanding of legal history.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.
Category: Law

Common Law Judging

Author : Douglas E Edlin
ISBN : 9780472130023
Genre : Law
File Size : 82.92 MB
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Moving beyond the subjectivity-objectivity debate, Edlin presents a case for intersubjectivity
Category: Law

The Nature Of The Common Law

Author : Melvin Aron Eisenberg
ISBN : 0674604814
Genre : Law
File Size : 22.66 MB
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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.
Category: Law

The Common Law Liability Of Carriers Argument Addressed To The Committee Of The House Of Representatives On Interstate And Foreign Commerce On Behalf Of The Permanent Committee On Uniform Bill Of Lading

Author : George R. Blanchard
ISBN : 1240107420
Genre :
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The Making of the Modern Law: Legal Treatises, 1800-1926 includes over 20,000 analytical, theoretical and practical works on American and British Law. It includes the writings of major legal theorists, including Sir Edward Coke, Sir William Blackstone, James Fitzjames Stephen, Frederic William Maitland, John Marshall, Joseph Story, Oliver Wendell Holmes, Jr. and Roscoe Pound, among others. Legal Treatises includes casebooks, local practice manuals, form books, works for lay readers, pamphlets, letters, speeches and other works of the most influential writers of their time. It is of great value to researchers of domestic and international law, government and politics, legal history, business and economics, criminology and much more.++++The below data was compiled from various identification fields in the bibliographic record of this title. This data is provided as an additional tool in helping to insure edition identification: ++++Harvard Law School Libraryocm17970714Washington, D.C.: [s.n.], 1892. 69 p.: forms; 22 cm.
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The Making Of European Private Law

Author : J. M. Smits
ISBN : 9789050951913
Genre : Law
File Size : 65.90 MB
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Over the last decade, Europe has witnessed the emergence of a vigorous debate about the need for and the feasibility of a future European ius commune in the field of private law. This book critically discusses this debate and provides a systematic overview of the various initiatives taken and describes the fragmentary European private law that already exists (by way of European directives, international conventions, etc.).
Category: Law