Read and Download eBook Full
Author: James Reist Stoner
Publisher:
Published: 2003
Total Pages: 230
ISBN-13:
DOWNLOAD EBOOKIn an ere as morally confused as ours, Stoner argues, we at least ought to know what we've abandoned or suppressed in the name of judicial activism and the modern rights-oriented Constitution. Having lost our way, perhaps the common law, in its original sense, provides a way back, a viable alternative to the debilitating relativism of our current age.
Author: Harry Potter
Publisher: Boydell & Brewer Ltd
Published: 2015
Total Pages: 364
ISBN-13: 178327011X
DOWNLOAD EBOOKA new approach to the telling of legal history, devoid of jargon and replete with good stories, which will be of interest to anyone wishing to know more about the common law - the spinal cord of the English body politic.
Author: Theodore Frank Thomas Plucknett
Publisher: The Lawbook Exchange, Ltd.
Published: 2001
Total Pages: 828
ISBN-13: 1584771372
DOWNLOAD EBOOKOriginally published: 5th ed. Boston: Little, Brown and Co., 1956.
Author: Arthur Reed Hogue
Publisher:
Published: 1986
Total Pages: 271
ISBN-13: 9780865970540
DOWNLOAD EBOOKWritten for the beginning student as well as the experienced scholar, this introductory analysis of the origin and early development or the English common law provides and excellent grounding for the early study of legal history. Between 1154, when Henry II became king, and 1307, when Edward I died, the common law underwent spectacular growth. The author begins with a discussion of the relationship between the early rules of common law and the social order they serve during this period and concludes with an extended commentary on the durability and continued growth of the common law in modern times.
Author: Frederick Pollock
Publisher:
Published: 1912
Total Pages: 166
ISBN-13:
DOWNLOAD EBOOKAuthor: Ruben Alvarado
Publisher: WordBridge Publishing
Published: 2009-08
Total Pages: 160
ISBN-13: 9076660085
DOWNLOAD EBOOKCommon law is explored as the alternative to natural rights as a means of restricting state power. The separation of powers is weighed in the balance and found wanting as a brake on state power. The underlying root of this inability is discovered in the philosophy of natural rights. Natural rights gave birth to the separation of powers, but neither the former nor the latter has been able to restrain government. This failure is highlighted in detail, and the alternative means to the same end, the common law, is brought to the fore.
Author: Allen D. Boyer
Publisher:
Published: 2004
Total Pages: 0
ISBN-13: 9780865974265
DOWNLOAD EBOOKSir Edward Coke remains one of the most important figures in the history of the common law. The essays collected in this volume provide a broad context for understanding and appreciating the scope of Coke's achievement: his theory of law, his work as a lawyer and a judge, his role in pioneering judicial review, his leadership of the Commons, and his place in the broader culture of Elizabethan and Jacobean England. Sir Edward Coke claimed for judges the power to strike down statutes, created the modern common law by reshaping medieval precedents, and, in the House of Commons, led the gathering forces that would ultimately establish a constitutional regime of ordered liberty and responsible, representative government. Although much has been written on Coke, there has been no single adequate study or collection of these writings until now. Law, Liberty, and Parliament brings together material that not only is useful for understanding Coke's career and achievement but also illuminates the late Elizabethan and early Stuart periods in which the common law became inextricably identified with constitutional authority. Allen D. Boyer, author of Sir Edward Coke and the Elizabethan Age, is a lawyer in New York City and a frequent contributor to the New York Times Book Review. Dr. Boyer serves on the advisory board of the Yale Center for Parliamentary History.
Author: Matthew W. Lunder
Publisher: Rowman & Littlefield
Published: 2021-01-12
Total Pages: 285
ISBN-13: 1793626359
DOWNLOAD EBOOKThe Concept of Ordered Liberty is a story of due process from the common-law tradition. Told through Supreme Court cases against a backdrop of political theory, legal philosophy and history, it illuminates a mid-twentieth-century dialectic between theories—liberal and conservative—for resolving controversies about state interference with personal liberties. So pervasive was the partisanship flowing from a riven body politic that every institution comprising the fabric of American society, including the federal courts, was soaked in it. But the ideological contest is not the story’s primary concern. More pertinent to our dilemma today is what the clash of ideologies eclipsed: a venerable judicial practice deeply rooted in American history and tradition. The moral of the story is in this praxis at its center and its understanding of the limits of legislative and judicial power. The modern liberal and conservative approaches to fundamental rights fall short of the tradition, having strayed from the common-law concept of ordered liberty. Readers will find a suprapartisan perspective on the federal courts’ obligation to resolve disputes about our Nation’s most controversial issues, and a critical reflection on the modern Supreme Court’s role in its politics.
Author: John O. McGinnis
Publisher: Harvard University Press
Published: 2013-11-01
Total Pages: 309
ISBN-13: 067472626X
DOWNLOAD EBOOKOriginalism holds that the U.S. Constitution should be interpreted according to its meaning at the time it was enacted. In their innovative defense of originalism, John McGinnis and Michael Rappaport maintain that the text of the Constitution should be adhered to by the Supreme Court because it was enacted by supermajorities--both its original enactment under Article VII and subsequent Amendments under Article V. A text approved by supermajorities has special value in a democracy because it has unusually wide support and thus tends to maximize the welfare of the greatest number. The authors recognize and respond to many possible objections. Does originalism perpetuate the dead hand of the past? How can originalism be justified, given the exclusion of African Americans and women from the Constitution and many of its subsequent Amendments? What is originalism's place in interpretation, after two hundred years of non-originalist precedent? A fascinating counterfactual they pose is this: had the Supreme Court not interpreted the Constitution so freely, perhaps the nation would have resorted to the Article V amendment process more often and with greater effect. Their book will be an important contribution to the literature on originalism, now the most prominent theory of constitutional interpretation.
Author: Anita Bernstein
Publisher: Cambridge University Press
Published: 2019
Total Pages: 275
ISBN-13: 1107177812
DOWNLOAD EBOOKExplains why lawyers seeking gender progress from primary legal materials should start with the common law.
