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: 9511

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.

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: 6897

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 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: 7361

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.

Common Law und Civil Law. Einflüsse im UN-Kaufrecht. Eine glückliche Kombination?

Erkenntnisgewinn durch Rechtsvergleichung?

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Author: Beate Lippmann

Publisher: GRIN Verlag

ISBN: 3668785988

Category: Law

Page: 34

View: 1707

Studienarbeit aus dem Jahr 2011 im Fachbereich Jura - Europarecht, Völkerrecht, Internationales Privatrecht, Note: 13,00, Ludwig-Maximilians-Universität München, Sprache: Deutsch, Abstract: Das zum 1. Januar 1991 für die Bundesrepublik Deutschland in Kraft getretene Übereinkommen der Vereinten Nationen vom 11. April 1980 nimmt die „besondere Herausforderung“ an, als internationales Einheitsrecht zu funktionieren. Hervorgerufen durch das Bedürfnis nach mehr Rechtssicherheit im internationalen Warenverkehr bildet nunmehr das UN-Kaufrecht den Knotenpunkt einer langen Episode der Rechtsvereinheitlichung. Durch die Mitwirkung etlicher Nationen an der Ausgestaltung des CISG prallten die verschiedenen Rechtssysteme, vor allem die der kontinentaleuropäischen (Civil Law) und angloamerikanischen Länder (Common Law), aufeinander. Da sich das Common Law und Civil Law erheblich unterscheiden, musste sich – wenn sie sich zwar auch im Wege der Globalisierung zwangsweise immer stärker annäherten – um einen Ausgleich der noch bestehenden Gegensätze bemüht werden. Das UN-Kaufrecht stellt demnach eine Kompromisslösung dar, die die unterschiedlichen Interessen der jeweiligen Rechtssysteme in sich beherbergt, wobei dies mit besonderer Note in einzelnen Normen zum Ausdruck kommt. Ob demzufolge Rabel mit seiner Aussage „Common Law and Civil Law are like oil and water, which do not mix” richtig liegt, soll auf den nachfolgenden Seiten anhand ausgewählter Beispiele einer kritischen Analyse unterzogen werden. Als Türöffner dient der Makrovergleich beider Rechtstraditionen, der mit gebotener Kürze die wesentlichen Merkmale der Systeme sowie deren historischen Hintergrund aufzeigen soll. Auf dieser Grundlage werden sodann mustergültige Normen des CISG auf ihre Common Law und Civil Law –Einflüsse hin untersucht, um letztlich auch auf die Frage nach einer „glücklichen Kombination“ der divergierenden Einflüsse replizieren zu können.

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: 9506

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.

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: 5098

The Common Law of Kent

Or, The Customs of Gavelkind. With an Appendix Concerning Borough English

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Author: Thomas Robinson

Publisher: N.A

ISBN: N.A

Category: Borough-English

Page: 421

View: 482

The Common Law

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Author: Oliver Wendell Holmes

Publisher: American Bar Association

ISBN: 9781604423860

Category: Law

Page: 289

View: 7880

This volume of the ABA Classics Series is The Common Law. In the history of the law there have been many great treatises written by many great legal minds, but only a few have had the influence and staying power to truly be called the classics. The Common Law by famed Supreme Court Justice Oliver Wendell Holmes, Jr. is certainly one of these books.

The Common Law

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Author: Oliver Wendell Holmes

Publisher: Simon and Schuster

ISBN: 162793393X

Category: Political Science

Page: 225

View: 4883

The Common Law is a book about common law in the United states, including torts, property, contracts and crime, written by Supreme Court Justice Oliver Wendell Holmes, Jr. This classic is a must read for anyone wishing to understand American Common Law from an historical perspective. Simply one of the most important books ever written on American Law.

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: 9117

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.

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: 421

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.

The Common Law

Its Origin, Sources, Nature, and Development, and what the State of New York Has Done to Improve Upon it

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Author: Charles Patrick Daly

Publisher: N.A

ISBN: N.A

Category: Common law

Page: 71

View: 5871

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: 1122

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: 8226

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.

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: 6753

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.

A History of Water Rights at Common Law

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Author: Joshua Getzler

Publisher: Oxford University Press on Demand

ISBN: 9780198265818

Category: Law

Page: 396

View: 7863

This volume describes how the courts created rights for land owners and users competing to appropriate water for factories, town supply, drainage, and transport. It covers the period from early times to the late nineteenth century, illustrating the changing common law of property and tort, and throwing new light on the growth of the economy and the social and legal dimensions of technological innovation.Readership: Academics and post-graduate/advanced students in law and legal history. It will also have a readership in economic and social history and also the history of technology.