Priests of the Law
Priests of the Law

Author: Thomas J. McSweeney

Publisher:

Published: 2019

Total Pages: 305

ISBN-13: 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.

History of the Common Law
History of the Common Law

Author: John H. Langbein

Publisher: Aspen Publishers

Published: 2009-08-14

Total Pages: 1194

ISBN-13:

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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.

Evolution and the Common Law
Evolution and the Common Law

Author: Allan C. Hutchinson

Publisher: Cambridge University Press

Published: 2005-04-04

Total Pages: 314

ISBN-13: 9781139444934

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This book offers a radical challenge to accounts of the common law's development. Contrary to received jurisprudential wisdom, it maintains there is no grand theory which will explain satisfactorily the dynamic interactions of change and stability in the common law's history. Offering original readings of Charles Darwin's and Hans-Georg Gadamer's works, the book shows that law is a rhetorical activity that can only be properly appreciated in its historical and political context; tradition and transformation are locked in a mutually reinforcing but thoroughly contingent embrace. In contrast to the dewy-eyed offerings of much contemporary work, it demonstrates that, like life, law is an organic process (i.e., events are the products of functional and localized causes) rather than a miraculous one (i.e., events are the result of some grand plan or intervention). In short, common law is a perpetual work-in-progress - evanescent, dynamic, messy, productive, tantalising, and bottom-up.

Economics and the Common Law
Economics and the Common Law

Author: Allan DeSerpa

Publisher: Cengage Learning

Published: 2004-10

Total Pages: 0

ISBN-13: 9780324289770

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Designed more to complement an existing text on the subject of Law & Economics, this casebook has more complete cases than the leading texts. Brief sections follow the cases in order to highlight the key points of economic analysis. The text fulfills the need for more complete case material, and important case material, that is sometimes glossed over in texts. At the same time, the analyses provide summaries of the key economic elements to the cases.

The Oxford Handbook of the New Private Law
The Oxford Handbook of the New Private Law

Author: Andrew S. Gold

Publisher: Oxford University Press, USA

Published: 2020-11-06

Total Pages: 640

ISBN-13: 0190919663

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"This book discusses developments in scholarship dedicated to reinvigorating the study of the broad domain of private law. This field, which embraces the traditional common law subjects-property, contracts, and torts-as well as adjacent, more statutory areas, such as intellectual property and commercial law, also includes important subjects that have been neglected in the United States but are beginning to make a comeback. The book particularly focuses on the New Private Law, an approach that aims to bring a new outlook to the study of private law by moving beyond reductively instrumentalist policy evaluation and narrow, rule-by-rule, doctrine-by-doctrine analysis, so as to consider and capture how private law's various features fit and work together, as well as the normative underpinnings of these larger structures. This movement is resuscitating the notion of private law itself in United States and has brought an interdisciplinary perspective to the more traditional, doctrinal approach prevalent in Commonwealth countries. The book embraces a broad range of perspectives to private law-including philosophical, economic, historical, and psychological- yet it offers a unifying theme of seriousness about the structure and content of private law."--

The Politics of the Common Law
The Politics of the Common Law

Author: Adam Gearey

Publisher: Routledge

Published: 2013-05-02

Total Pages: 525

ISBN-13: 1135097879

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The Politics of the Common Law offers a critical introduction to the legal system of England and Wales. Unlike other conventional accounts, this revised and updated second edition presents a coherent argument, organised around the central claim that contemporary postcolonial common law must be understood as an articulation of human rights and open justice. The book examines the impact of the European Convention and European Union law on the structures and ideologies of the common law and engages with the politics of the rule of law. These themes are read into normative accounts of civil and criminal procedure that stress the importance of due process. The final sections of the book address the reality of civil and criminal procedure in the light of recent civil unrest in the UK and the growing privatisation of public services. The book questions whether it is possible to find a balance between the requirements of economics and the demands of justice.

The Unity of the Common Law
The Unity of the Common Law

Author: Alan Brudner

Publisher: Oxford University Press

Published: 2013-09

Total Pages: 378

ISBN-13: 0199592802

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The structure of common law has for many years been the subject of intense debate between formalists and functionalists. The former, drawing on legal realism, proposes that transactional law is a private law for interacting parties, while the later, inspired by Kant, argue it is a public law serving the collective ends of society. But what if there were a unity between functionalism and formalism? What if, in this unity, private law is modfied by a common good? In this thoroughly revised and re-written edition of his classic book 'The Unity of the Common-Law: Studies in Hegelian Jurisprudence,' Alan Brudner draws on Hegel's legal philosophy to exhibit this unity in each of transactional laws main divisions; property, contract, unjust enrichment and tort. Brudner suggests each of these divisions is composed of private-law and public-law parts that complement each other and that they are connected by a single narrative thread. This thread consists in development towards a goal. The goal is the dignity that comes with the attainment of the legal conditions necessary and sufficient for reconciling dependence with independence. Thus the end point is what a transactional law can contribute to a life sufficient for dignity.