Full Read and Download Reference eBook
Legal Theory And Common Law Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Legal Theory And Common Law book. This book definitely worth reading, it is an incredibly well-written.
Author : William L. Twining
Publisher : Wiley-Blackwell
Page : 267 pages
File Size : 44,91 MB
Release : 1986-01-01
Category : Law
ISBN : 9780631144779
Author : Alfred William Brian Simpson
Publisher : A&C Black
Page : 458 pages
File Size : 34,83 MB
Release : 1987-01-01
Category : Law
ISBN : 9780907628835
Author : Douglas E. Edlin
Publisher : Cambridge University Press
Page : 262 pages
File Size : 14,52 MB
Release : 2010-10-18
Category : Law
ISBN : 9780521176156
In this book, legal scholars, philosophers, historians, and political scientists from Australia, Canada, New Zealand, the United Kingdom, and the United States analyze the common law through three of its classic themes: rules, reasoning, and constitutionalism. Their essays, specially commissioned for this volume, provide an opportunity for thinkers from different jurisdictions and disciplines to talk to each other and to their wider audience within and beyond the common law world. This book allows scholars and students to consider how these themes and concepts relate to one another. It will initiate and sustain a more inclusive and well-informed theoretical discussion of the common law's method, process, and structure. It will be valuable to lawyers, philosophers, political scientists, and historians interested in constitutional law, comparative law, judicial process, legal theory, law and society, legal history, separation of powers, democratic theory, political philosophy, the courts, and the relationship of the common law tradition to other legal systems of the world.
Author : Oliver Wendell Holmes
Publisher : DigiCat
Page : 338 pages
File Size : 39,46 MB
Release : 2022-09-15
Category : Law
ISBN :
DigiCat Publishing presents to you this special edition of "The Common Law" by Oliver Wendell Holmes. DigiCat Publishing considers every written word to be a legacy of humankind. Every DigiCat book has been carefully reproduced for republishing in a new modern format. The books are available in print, as well as ebooks. DigiCat hopes you will treat this work with the acknowledgment and passion it deserves as a classic of world literature.
Author : W. J. Waluchow
Publisher : Cambridge University Press
Page : 7 pages
File Size : 27,38 MB
Release : 2006-12-25
Category : Philosophy
ISBN : 1139462814
In this study, W. J. Waluchow argues that debates between defenders and critics of constitutional bills of rights presuppose that constitutions are more or less rigid entities. Within such a conception, constitutions aspire to establish stable, fixed points of agreement and pre-commitment, which defenders consider to be possible and desirable, while critics deem impossible and undesirable. Drawing on reflections about the nature of law, constitutions, the common law, and what it is to be a democratic representative, Waluchow urges a different theory of bills of rights that is flexible and adaptable. Adopting such a theory enables one not only to answer to critics' most serious challenges, but also to appreciate the role that a bill of rights, interpreted and enforced by unelected judges, can sensibly play in a constitutional democracy.
Author : Anne Barron
Publisher :
Page : 1234 pages
File Size : 37,79 MB
Release : 2002-08-13
Category : Law
ISBN :
This text lays out a course of study combining the traditional subject matter of jurisprudence with a series of introductions to a variety of other theoretical perspectives. It is designed for those taking jurisprudence/legal theory courses, and political science, philosophy and sociology students.
Author : Oliver Wendell Holmes (Jr.)
Publisher : The Lawbook Exchange, Ltd.
Page : 440 pages
File Size : 10,22 MB
Release : 2005
Category : Common law
ISBN : 1584774991
Oliver Wendell Holmes, Jr. (1841-1935) is generally considered one of the greatest justices of the United States Supreme Court. In more than 2,000 opinions, Holmes delineated an impressive legal philosophy that profoundly influenced American jurisprudence, particularly in the area of civil liberties and judicial restraint. In THE COMMON LAW, the ideas and judicial theory of Holmes can be studied and appreciated.
Author : Frederic R. Kellogg
Publisher : Cambridge University Press
Page : 0 pages
File Size : 32,2 MB
Release : 2011-06-30
Category : Philosophy
ISBN : 9780521321921
Oliver Wendell Holmes, Jr, is considered by many to be the most influential American jurist. The voluminous literature devoted to his writings and legal thought, however, is diverse and inconsistent. In this study, Frederic R. Kellogg follows Holmes's intellectual path from his early writings through his judicial career. He offers a fresh perspective that addresses the views of Holmes's leading critics and explains his relevance to the controversy over judicial activism and restraint. Holmes is shown to be an original legal theorist who reconceived common law as a theory of social inquiry and who applied his insights to constitutional law. From his empirical and naturalist perspective on law, with its roots in American pragmatism, emerged Holmes's distinctive judicial and constitutional restraint. Kellogg distinguishes Holmes from analytical legal positivism and contrasts him with a range of thinkers.
Author : Nicoletta Bersier
Publisher : Springer Nature
Page : 194 pages
File Size : 26,26 MB
Release : 2022-01-01
Category : Law
ISBN : 3030877183
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.
Author : Neil MacCormick
Publisher : Clarendon Press
Page : 322 pages
File Size : 18,79 MB
Release : 1994-08-11
Category : Law
ISBN : 0191018597
What makes an argument in a law case good or bad? Can legal decisions be justified by purely rational argument or are they ultimately determined by more subjective influences? These questions are central to the study of jurisprudence, and are thoroughly and critically examined in Legal Reasoning and Legal Theory, now with a new and up-to-date foreword. Its clarity of explanation and argument make this classic legal text readily accessible to lawyers, philosophers, and any general reader interested in legal processes, human reasoning, or practical logic.