The Common Law

The Common Law
Title The Common Law PDF eBook
Author Oliver Wendell Holmes
Publisher
Pages 448
Release 1909
Genre Common law
ISBN

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A Common Law for the Age of Statutes

A Common Law for the Age of Statutes
Title A Common Law for the Age of Statutes PDF eBook
Author Guido Calabresi
Publisher The Lawbook Exchange, Ltd.
Pages 348
Release 1999
Genre Law
ISBN 1584770406

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Calabresi complains that we are "choking on statutes" and proposes a restoration of the courts to their common law function. From a series of lectures given by Calabresi as part of The Oliver Wendell Holmes Lectures delivered at Harvard Law School in March 1977. "In his most recent publication, A Common Law for the Age of Statutes, based on the Oliver Wendell Holmes lectures he delivered at Harvard in March of 1977, Professor Calabresi has brought his ample juristic talents to bear on a foundational problem of the legal and democratic process. He has produced a monograph that in its quality, timeliness and provocativeness is likely to stand alongside the seminal works of Ronald Dworkin and Grant Gilmore." --Allan C. Hutchinson and Derek Morgan, 82 Columbia Law Review (1982) 1752. GUIDO CALABRESI [b. 1932] is Sterling Emeritus Professor of Law and Professorial Lecturer in Law at Yale Law School. He was Dean of Yale Law School from 1985-1994 and became a United States Circuit Judge in 1994. He is also the author of The Costs of Accidents (1970), Tragic Choices (1978) and Ideals, Beliefs, Attitudes, and the Law (1985).

The Nature of the Common Law

The Nature of the Common Law
Title The Nature of the Common Law PDF eBook
Author Melvin Aron Eisenberg
Publisher Harvard University Press
Pages 220
Release 1991-10
Genre Law
ISBN 9780674604810

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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.

Priests of the Law

Priests of the Law
Title Priests of the Law PDF eBook
Author Thomas J. McSweeney
Publisher
Pages 305
Release 2019
Genre History
ISBN 0198845456

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This book examines the development of legal professionalism in the early English common law, with specific reference to the 13th-century treatise known as Bracton and to its likely authors.

The Common Law Inside the Female Body

The Common Law Inside the Female Body
Title The Common Law Inside the Female Body PDF eBook
Author Anita Bernstein
Publisher Cambridge University Press
Pages 275
Release 2019
Genre Law
ISBN 1107177812

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Explains why lawyers seeking gender progress from primary legal materials should start with the common law.

Common Law – Civil Law

Common Law – Civil Law
Title Common Law – Civil Law PDF eBook
Author Nicoletta Bersier
Publisher Springer Nature
Pages 194
Release 2022-01-01
Genre Law
ISBN 3030877183

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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.

A Common Law for Europe

A Common Law for Europe
Title A Common Law for Europe PDF eBook
Author Gian Antonio Benacchio
Publisher Central European University Press
Pages 331
Release 2005-01-01
Genre Law
ISBN 9637326367

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The "Europeanization" of European private law has recently received much scrutiny and attention. Harmonizing European systems of law represents one of the greatest challenges of the 21st century. In effect, it is the adaptation of national laws into a new supra-national law, a process that signifies the beginning of a new age in Europe. This volume seeks to frame the creation of a new European Common Law in the context of recent events in European integration. The work is envisioned as a guide and written in a research friendly style that includes text inserts and an extensive bibliography. The detailed analysis and research this volume accomplishes is invaluable to those scholars and lawmakers who are the next generation of European leaders.