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: 7069

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?

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: 663

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.

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: 8354

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.

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: 6021

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: 6712

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.

Das Schiedsgutachen im common law

ein rechtsvergleichender Beitrag zum Begriff der Schiedsgerichtsbarkeit

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Author: Martin Borowsky

Publisher: N.A

ISBN: N.A

Category: Law

Page: 228

View: 6291

A Common Law for the Age of Statutes

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Author: Guido Calabresi

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584770406

Category: History

Page: 319

View: 1146

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 Common Law

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Author: Oliver Wendell Holmes

Publisher: Courier Corporation

ISBN: 0486121224

Category: Political Science

Page: 480

View: 6674

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.

Americanization of the Common Law

The Impact of Legal Change on Massachusetts Society, 1760-1830

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Author: William Edward Nelson

Publisher: University of Georgia Press

ISBN: 9780820315874

Category: Law

Page: 269

View: 7410

Americanization of the Common Law remains one of the standard works on the transformation of law in America from the late colonial period to the end of the early republic. In a straightforward manner, William E. Nelson analyzes the profound ideological movement that grew out of the American Revolution and caused substantial structural change in the legal and social order of Massachusetts and, by extension, in the nation at large. The Revolution, Nelson argues, transformed a hierarchical and communitarian legal and social order into an egalitarian and individualistic one. For this edition, Nelson has written a new preface in which he discusses the book's initial reception and the relevant historiographical issues that have arisen since it was first published in 1975.

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: 3784

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.

Historical Foundations of the Common Law

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Author: S. F. C. Milsom

Publisher: Butterworth-Heinemann

ISBN: 148318255X

Category: Law

Page: 480

View: 3266

Historical Foundations of the Common Law provides a general overview of the development of the common law. The book is comprised of 14 chapters that are organized into four parts. The first part deals with the institutional background and covers the centralization of justice; the institutions of the common law; and the rise of equity. The second part deals with land properties, while the third part talks about legal obligations. The last part details criminal administration and law. The text will be of great use to individuals who have an interest in the development of the common law.

French Administrative Law and the Common-law World

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Author: Bernard Schwartz,Arthur T. Vanderbilt

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584777044

Category: History

Page: 367

View: 2699

Schwartz provides a masterly exposition of administrative law through a comparative study of the French droit administratif, arguably the most sophisticated Continental model. As Vanderbilt points out in his introduction, this is an important field that involves much more than administrative procedure. It deals directly with some of the most crucial issues of modern government regarding the distribution of power between governmental units, the resulting effect on the freedom of the individual and on the strength and stability of the state. Reprint of the sole edition. "[T]his book represents a significant achievement.... Unlike so many volumes that roll off the press these days, it fills a real need; and, though perhaps not the definitive work in English on the subject, it fills it extremely well." --Frederic S. Burin, Columbia Law Review 54 (1954) 1016 Bernard Schwartz [1923-1997] was professor of law and director of the Institute of Comparative Law, New York University. He was the author of over fifty books, including The Code Napoleon and the Common-Law World (1956), the five-volume Commentary on the Constitution of the United States (1963-68), Constitutional Law: A Textbook (2d ed., 1979), Administrative Law: A Casebook (4th ed., 1994) and A History of the Supreme Court (1993).

Southern Cross

Civil Law and Common Law in South Africa

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Author: Reinhard Zimmermann,D. P. Visser

Publisher: Oxford University Press

ISBN: 9780198260875

Category: Law

Page: 892

View: 7519

This work provides a history of the main institutions of South African private law, as well as exploring the process through which the integration of English common law and continental civil law was achieved in that jurisdiction. It is a first stepping stone in the writing of the history of private law in South Africa.

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: 7740

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: 7238

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.