Historische Schule und Common Law

die deutsche Rechtswissenschaft des 19. Jahrhunderts im amerikanischen Rechtsdenken

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Author: Mathias Reimann

Publisher: N.A

ISBN: N.A

Category: Law

Page: 331

View: 8134

The Nature of the Common Law

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Author: Melvin Aron Eisenberg

Publisher: Harvard University Press

ISBN: 9780674604810

Category: Law

Page: 204

View: 5312

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.

A Concise History of the Common Law

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Author: Theodore Frank Thomas Plucknett

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584771372

Category: History

Page: 802

View: 6971

Plucknett, Theodore F.T. A Concise History of the Common Law. Fifth Edition. Boston: Little, Brown and Company, 1956. Reprinted 2001 by The Lawbook Exchange, Ltd. LCCN 00-067821. ISBN 1-58477-137-2. Cloth. $125. * "Professor Plucknett has such a solid reputation on both sides of the Atlantic that one expects from his pen only what is scholarly and accurate...Nor is the expectation likely to be disappointed in this book. Plucknett's book is not...a mere epitome of what is to be found elsewhere. He has explored on his own account many regions of legal history and, even where the ground has been already quartered, he has fresh methods of mapping it. The title which he has chosen is, in view of the contents of the volume, rather a narrow one. It might equally well have been A Concise History of English Law...In conjunction with Readings on the History and System of the Common Law by Dean Pound...this book will give an excellent grounding to the student of English legal history." Percy H. Winfield. Harv. L. Rev. 43:339-340.

Shaping the Common Law

From Glanvill to Hale, 1188-1688

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Author: N.A

Publisher: Stanford University Press

ISBN: 0804779597

Category: Law

Page: 282

View: 4743

This collection discusses the contributions of great common-law jurists and singular documents - namely the Magna Carta and the Laws and Liberties of Massachusetts - that have shaped common law, from its origins in twelfth-century England to its arrival in the American colonies. Featured jurists include such widely recognized figures as Glanvill, Francis Bacon, Sir Edward Coke, and John Selden, as well as less-known but influential writers like Richard Hooker, Michael Dalton, William Hudson, and Sir Matthew Hale.

The Common Law in Chinese Context

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Author: Berry Fong-Chung Hsu

Publisher: Hong Kong University Press

ISBN: 9789622093010

Category: Law

Page: 284

View: 6630

Studies the extent to which Common Law notions have taken root in Hong Kong, and answers the most fundamental question about Hong Kong law today: Do the people of Hong Kong want to preserve this system after 1997?

The Common Law

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Author: Oliver Wendell Holmes

Publisher: Courier Corporation

ISBN: 0486121224

Category: Political Science

Page: 480

View: 7795

Only paperback edition of a great legal classic. Lucid, accessible coverage of liability, criminal law, torts, contracts, and more, from historical perspective. New introduction by Sheldon M. Novick. Table of Cases.

A Natural History of the Common Law

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Author: S. F. C. Milsom

Publisher: Columbia University Press

ISBN: 0231503490

Category: History

Page: 184

View: 8063

How does law come to be stated as substantive rules, and then how does it change? In this collection of discussions from the James S. Carpentier Lectures in legal history and criticism, one of Britain's most acclaimed legal historians S. F. C. Milsom focuses on the development of English common law—the intellectually coherent system of substantive rules that courts bring to bear on the particular facts of individual cases—from which American law was to grow. Milsom discusses the differences between the development of land law and that of other kinds of law and, in the latter case, how procedural changes allowed substantive rules first to be stated and then to be circumvented. He examines the invisibility of early legal change and how adjustment to conditions was hidden behind such things as the changing meaning of words. Milsom points out that legal history may be more prone than other kinds of history to serious anachronism. Nobody ever states his assumptions, and a legal writer, addressing his contemporaries, never provided a glossary to warn future historians against attributing their own meanings to his words and therefore their own assumptions to his world. Formal continuity has enabled nineteenth-century assumptions to be carried back, in some respects as far back as the twelfth century. This book brings together Milsom's efforts to understand the uncomfortable changes that lie beneath that comforting formal surface. Those changes were too large to have been intended by anyone at the time and too slow to be perceived by historians working within the short periods now imposed by historical convention. The law was made not by great men making great decisions but by man-sized men unconcerned with the future and thinking only about their own immediate everyday difficulties. King Henry II, for example, did not intend the changes attributed to him in either land law or criminal law; the draftsman of De Donis did not mean to create the entail; nobody ever dreamed up a fiction with intent to change the law.

A Common Law for the Age of Statutes

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Author: Guido CALABRESI

Publisher: Harvard University Press

ISBN: 0674029151

Category: Law

Page: 331

View: 3494

The dominance of legislatures and statutory law has put an impossible burden on the courts. Guido Calabresi thinks it is time for this country seriously to consider returning to a traditional American judicial-legislative balance in which courts would enlarge the common law and would also decide when a rule of law has seen its day and should be revised. Table of Contents: 1. Choking on Statutes 2. The Flight to the Constitution and to Equal Protection Clauses 3. The Passive Virtues 4. Interpretation 5. The New Deal Response: Administrative Agencies 6. Legislative Responses 7. Structural Responses 8. A New Approach: Antecedents and Roots 9. The Doctrine: A Question of Legitimacy 10. The Doctrine: Limits and Guidelines 11. The Doctrine: Techniques and Feasibility 12. The Role of Courts in an Age of Statutes 13. The Dangers of the Doctrine 14. The Uses and Abuses of Subterfuge 15. The Choice for Candor Notes Works Cited Table of Cases Index Reviews of this book: This is a genuinely original and thoughtful book, one of the few in the jurisprudential genre that is both dearly written and devoid of cliché. It addresses current social and legal issues from an engagingly fresh, nonpolemical, and erudite perspective. --American Bar Association Journal Reviews of this book: Calabresi has brought his ample juristic talents to bear on a foundational problem of the legal and democratic process...in its quality, timeliness and provocativeness [this book] is likely to stand alongside the seminal works of Ronald Dworkin and Grant Gilmore. --Columbia Law Review

The Genius of the Common Law

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Author: Frederick Pollock

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584770430

Category: History

Page: 141

View: 8886

Pollock, Sir Frederick. The Genius of the Common Law. New York: The Columbia University Press, 1912. vii, 141 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 99-047160. ISBN 1-58477-043-0. Cloth. $60. * A collection of Sir Frederick Pollock's lectures from the Carpentier Series at Columbia University. Holdsworth praised the eight lectures as a discussion of "...critical studies of aspects and characteristics of the common law which only an accomplished legal historian, a master of the modern law, and a professor of jurisprudence could have written." Holdsworth, Some Makers of English Law 287. Marke, A Catalogue of the Law Collection of New York University (1953) 143.

Saxon and Medieval Antecedents of the English Common Law

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Author: Kurt von S. Kynell

Publisher: Edwin Mellen Press

ISBN: 9780773478732

Category: Law

Page: 250

View: 7369

This volume provides an interdisciplinary approach to legal history, utilizing law, linguistics, cultural anthropology, and social history to document and analyze the slow but steady growth of the English Common Law from Anglo-Saxon times to the nineteenth century.

A General Abridgment of the Common Law

Alphabetically Digested Under Proper Titles. With Notes and References to the Whole. With Three Tables: the First, of the Several Titles. The Second, of the Names of the Cases. And the Third, of the Matter Under General Heads

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Author: Knightley D'Anvers

Publisher: N.A

ISBN: N.A

Category: Law

Page: N.A

View: 3593

The Spirit of the Common Law

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Author: Roscoe Pound

Publisher: Transaction Publishers

ISBN: 9781412839112

Category: Law

Page: 224

View: 3607

The Spirit of the Common Law is one of Roscoe Pound's most notable works. It contains the brilliant lectures he delivered at Dartmouth College in the summer of 1921. It is a seminal book embodying the spiritual essence of sociological jurisprudence by its leading prophet. This work is both a celebration of the common law and a warning for common law judges and lawyers to return to and embrace the pragmatism and judicial empiricism that define and energize the common law. The two fundamental doctrines of the common law, Pound writes, are the doctrine of precedents and the doctrine of supremacy of law. In an earlier preface, Justice Arthur J. Goldberg writes that The Spirit of the Common Law will always be treasured by judges and lawyers for its philosophy and history, but more importantly for Roscoe Pound's optimism and faith in the capacity of law to keep up with the times without sacrificing fundamental values. It is a faith built upon the conviction that the present is not to be divorced from the past, but rather that the past and the present are to be built upon to make a better future. Neil Hamilton and Mathias Alfred Jaren provide a biographical introduction to the book. They discuss the various influences upon Pound's scholarly pursuits and they analyze many of his writings that led up to The Spirit of the Common Law. This volume is a necessary addition to the libraries of legal scholars and professionals, sociologists, and philosophers.

The Annotated Common Law

With 2010 Foreword and Explanatory Notes

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Author: Oliver Wendell Holmes, Jr.,Steven Alan Childress

Publisher: Quid Pro Books

ISBN: 1610279743

Category: Law

Page: 446

View: 8950

Decoded, demythed rendition of Holmes' classic study of law and judicial development of rules. "The life of the law has not been logic: it has been experience." Includes 2010 Foreword; extensive, clear annotations by a Tulane law professor woven into The Common Law; footnotes with real numbers; and original page cites. Care in detail, proofreading, notes, and formatting, unlike any version made. As lamented by Holmes' premier biographer in 2006, The Common Law "is very likely the best-known book ever written about American law. But it is a difficult, sometimes obscure book, which today's lawyers and law students find largely inaccessible." No longer. With insertions and simple definitions of the original's language and concepts, this version makes it live for college students (able to "get it," at last, with legal terms explained), plus law students, lawyers, and anyone wanting to understand his great book. No previous edition, even in print, has offered annotations. Oliver Wendell Holmes, Jr. compiled his master work in 1881 from lectures on the origins, reasoning, and import of the common law. It jump-started legal Realism and established law as a pragmatic way to solve problems and make policy, not just a bucket of rules. It has stood the test of time as one of the most important and influential studies of law. This book is interesting for a vast audience, including historians, students, and political scientists. It is also a recommended read before law school or in the 1L year. High quality, fully linked ePub edition from Quid Pro's Legal Legends Series.

Glossary of Technical Terms, Phrases, and Maxims of the Common Law

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Author: Frederic Jesup Stimson

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1886363706

Category: Law

Page: 305

View: 5339

Stimson, Frederic Jesup. Glossary of Technical Terms, Phrases, and Maxims of the Common Law. Boston: Little, Brown, and Company, 1881. iv, 305pp. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 98-50813. ISBN 1-886363-70-6. Cloth. $60. * The terms in this glossary include those relating to civil and canon law, and provide precise definitions based on the common law of England. By the author of American Statute Law and several works on private rights and state and federal constitutions.

A History of the Common Law of Contract

The Rise of the Action of Assumpsit

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Author: Alfred William Brian Simpson

Publisher: Oxford University Press

ISBN: 9780198255734

Category: Law

Page: 646

View: 9508

The Common Law is one of the two major and successful systems of law developed in Western Europe, and in one form or another is now in force not only in the country of its origin but also in the United States and large parts of the British Commonwealth and former parts of the Empire. Perhaps its most typical product is English Contract Law, developed continuously since the birth of the common law almost wholly by judicial decision. Although in its modern form primarily a product of the nineteenth century, the common law of contract as we know it developed around the action of assumpsit which evolved at the close of the fourteenth century, and many of its characteristic doctrines first emerged in the sixteenth and seventeenth centuries. This book, which takes the story up to 1677 (the date of Statute of Frauds) forms the first part of the history of contract law, and is written primarily from a doctrinal standpoint.

The Common Law

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Author: Oliver Wendell Holmes (Jr.)

Publisher: N.A

ISBN: N.A

Category: Common law

Page: 422

View: 2624