Evolution and the Common Law

Author: Allan C. Hutchinson

Publisher: Cambridge University Press

ISBN: 9781139444934

Category: Law

Page: N.A

View: 914

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.
Posted in Law

Business firms and the common law

the evolution of efficient rules

Author: Paul H. Rubin

Publisher: Praeger Publishers

ISBN: N.A

Category: Business & Economics

Page: 189

View: 2724

Posted in Business & Economics

The Evolution of Efficient Common Law

Author: Paul H. Rubin

Publisher: Edward Elgar Publishing

ISBN: 9781845424428

Category: Business & Economics

Page: 687

View: 6616

Rubin (economics and law, Emory U.) presents a selection of 22 of the most important articles on the evolution of efficient common law, published in a variety of legal journals between 1977 and 2006, and reproduced here in their original format. The text includes both articles that support the hypothesis of efficient evolution, and articles that argue the evolutionary process is not efficient. Prefaced by Rubin's introductory overview of the topic, the articles are organized into seven sections covering the originations of common law efficiency, the first critics, critical examinations looking explicitly at evolutionary processes, biased evolution, specific applications of the law, Hayekian (macro) efficiency, and a summary of the law. No subject index.
Posted in Business & Economics

A History of the Common Law of Contract

The Rise of the Action of Assumpsit

Author: Alfred William Brian Simpson

Publisher: Oxford University Press

ISBN: 9780198255734

Category: Law

Page: 646

View: 4025

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.
Posted in Law

Evolution and Revolution in Theories of Legal Reasoning

Nineteenth Century Through the Present

Author: Scott Brewer

Publisher: Taylor & Francis

ISBN: 9780815326588

Category: Law

Page: 388

View: 8223

First published in 1998. Routledge is an imprint of Taylor & Francis, an informa company.
Posted in Law

Lincoln and the common law

a collection of Lincoln's Illinois Supreme Court cases from 1838-1861 and their influence on the evolution of Illinois common law

Author: Dan W. Bannister,Illinois. Supreme Court

Publisher: N.A

ISBN: N.A

Category: Law

Page: 261

View: 9877

Posted in Law

Religious Confession Privilege and the Common Law

Author: A. Keith Thompson

Publisher: Martinus Nijhoff Publishers

ISBN: 9004172327

Category: Political Science

Page: 395

View: 4772

Despite what most evidence law texts say, religious confession privilege does exist at common law. This book provides proof from both historical and common law materials with consequences even in jurisdictions where the privilege now exists in statutory form.
Posted in Political Science

The Common Law in Colonial America

Volume II: The Middle Colonies and the Carolinas, 1660-1730

Author: William E. Nelson

Publisher: Oxford University Press

ISBN: 0199937753

Category: History

Page: 240

View: 4611

In this four-volume series, the author shows how the legal systems of Britain's 13 North American colonies - initially established in response to divergent political, economic, and religious initiatives - slowly converged into a common American legal order that differed substantially from English common law.
Posted in History

Eine kurze Geschichte der Menschheit

Author: Yuval Noah Harari

Publisher: DVA

ISBN: 364110498X

Category: History

Page: 528

View: 5655

Krone der Schöpfung? Vor 100 000 Jahren war der Homo sapiens noch ein unbedeutendes Tier, das unauffällig in einem abgelegenen Winkel des afrikanischen Kontinents lebte. Unsere Vorfahren teilten sich den Planeten mit mindestens fünf weiteren menschlichen Spezies, und die Rolle, die sie im Ökosystem spielten, war nicht größer als die von Gorillas, Libellen oder Quallen. Vor 70 000 Jahren dann vollzog sich ein mysteriöser und rascher Wandel mit dem Homo sapiens, und es war vor allem die Beschaffenheit seines Gehirns, die ihn zum Herren des Planeten und zum Schrecken des Ökosystems werden ließ. Bis heute hat sich diese Vorherrschaft stetig zugespitzt: Der Mensch hat die Fähigkeit zu schöpferischem und zu zerstörerischem Handeln wie kein anderes Lebewesen. Anschaulich, unterhaltsam und stellenweise hochkomisch zeichnet Yuval Harari die Geschichte des Menschen nach und zeigt alle großen, aber auch alle ambivalenten Momente unserer Menschwerdung.
Posted in History

Constitutional Justice

A Liberal Theory of the Rule of Law

Author: T. R. S. Allan

Publisher: Oxford University Press on Demand

ISBN: 9780199267880

Category: Law

Page: 331

View: 9824

'The many virtues of Constitutional Justice are evident throughout the piece. The author should be congratulated for even attempting to construct a normative theory of liberal constitutionalism... Constitutional Justice is a work that faithfully carries on the grand tradition of normative legal thought. No small task, and Allan succeeds admirably.' -Law and Politics Book ReviewThis book offers a systematic interpretation of the ideal of the rule of law, arguing that the principles it identifies provide the foundations of a liberal democratic legal order. It explains the essential connections between a range of matters fundamental to the relationship between citizen and state, including freedoms of speech and conscience, civil disobedience, procedural fairness, administrative justice, the right of silence, and equal protection or equality before the law. The principles of public law are interpreted in the light of liberal legal and political philosophy.Readership: Scholars and students of law, philosophy, and politics
Posted in Law

Metaphysics and the Origin of Species

Author: Michael T. Ghiselin

Publisher: SUNY Press

ISBN: 9780791434673

Category: Science

Page: 377

View: 1627

In explaining his individuality thesis, Michael T. Ghiselin provides extended discussions of such philosophical topics as definition, the reality of various kinds of groups, and how we classify traits and processes. He develops and applies the implications for general biology and other sciences and makes the case that a better understanding of species and of classification in general puts biologists and paleontologists in a much better position to understand nature in general, and such processes as extinction in particular.
Posted in Science

A History of Water Rights at Common Law

Author: Joshua Getzler

Publisher: Oxford University Press on Demand

ISBN: 9780198265818

Category: Law

Page: 396

View: 8293

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.
Posted in Law

The Origin and Growth of the Common Law in England and America: A Study of Private Law, Comparing the Evolution of the Common Law and the Civil Law

Author: Peter J. Hamilton

Publisher: Sagwan Press

ISBN: 9781376666465

Category: History

Page: 250

View: 9000

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Posted in History

Iniuria and the Common Law

Author: Eric Descheemaeker,Helen Scott

Publisher: A&C Black

ISBN: 1782253386

Category: Law

Page: 276

View: 8853

The delict of iniuria is among the most sophisticated products of the Roman legal tradition. The original focus of the delict was assault, although iniuria-literally a wrong or unlawful act-indicated a very wide potential scope. Yet it quickly grew to include sexual harassment and defamation, and by the first century CE it had been re-oriented around the concept of contumelia so as to incorporate a range of new wrongs, including insult and invasion of privacy. In truth, it now comprised all attacks on personality. It is the Roman delict of iniuria which forms the foundation of both the South African and-more controversially-Scots laws of injuries to personality. On the other hand, iniuria is a concept formally alien to English law. But as its title suggests, this book of essays is representative of a species of legal scholarship best described as 'oxymoronic comparative law', employing a concept peculiar to one legal tradition in order to interrogate another where, apparently, it does not belong. Addressing a series of doctrinal puzzles within the law of assault, defamation and breach of privacy, it considers in what respects the Roman delict of iniuria overlaps with its modern counterparts in England, Scotland and South Africa; the differences and similarities between the analytical frameworks employed in the ancient and modern law; and the degree to which the Roman proto-delict points the way to future developments in each of these three legal systems.
Posted in Law

Revolution and Evolution in Private Law

Author: Sarah Worthington,Andrew Robertson,Graham Virgo

Publisher: Bloomsbury Publishing

ISBN: 1509913254

Category: Law

Page: 336

View: 2256

The development of private law across the common law world is typically portrayed as a series of incremental steps, each one delivered as a result of judges dealing with marginally different factual circumstances presented to them for determination. This is said to be the common law method. According to this process, change might be assumed to be gradual, almost imperceptible. If this were true, however, then even Darwinian-style evolution – which is subject to major change-inducing pressures, such as the death of the dinosaurs – would seem unlikely in the law, and radical and revolutionary paradigms shifts perhaps impossible. And yet the history of the common law is to the contrary. The legal landscape is littered with quite remarkable revolutionary and evolutionary changes in the shape of the common law. The essays in this volume explore some of the highlights in this fascinating revolutionary and evolutionary development of private law. The contributors expose the nature of the changes undergone and their significance for the future direction of travel. They identify the circumstances and the contexts which might have provided an impetus for these significant changes. The essays range across all areas of private law, including contract, tort, unjust enrichment and property. No area has been immune from development. That fact itself is unsurprising, but an extended examination of the particular circumstances and contexts which delivered some of private law's most important developments has its own special significance for what it might indicate about the shape, and the shaping, of private law regimes in the future.
Posted in Law

The Legal Profession and the Common Law

Historical Essays

Author: John Hamilton Baker

Publisher: Bloomsbury Continuum

ISBN: N.A

Category: Law

Page: 495

View: 4407

Posted in Law

Bibliography of Law and Economics

Author: B. Bouckaert,G. de Geest

Publisher: Springer Science & Business Media

ISBN: 9401708932

Category: Law

Page: 667

View: 4275

Law and economics can be considered as the most exciting development in legal scholarship in recent decades. This volume is the first all-encompassing bibliography in this area. It lists approximately 7000 publications, covering the whole area of law and economics, including `old' law and economics (topics such as antitrust law, labor law, tax law, social security, economic regulation, etc.) as well as `new' law and economics with such topics as tort law, contract law, family law, procedure, criminal law, etc.). The volume also includes the literature on the philosophical foundations and the fundamental concepts of the approach. Part Two gives a special survey of law and economics publications in Europe, written in other languages than English. The Bibliography of Law and Economics is an invaluable reference work for students, scholars, lawyers, economists and other people interested in this field.
Posted in Law

Essentials of the English Legal System

Author: John Wheeler

Publisher: Pearson Education

ISBN: 9781405811675

Category: Law

Page: 391

View: 1404

The features also include: examines recent developments in law reform and the Law Commission; and colour diagrams and actual forms help students visualise processes and structures, enabling quicker understanding and retention. A Companion Website updates to the book, advice on how to use law resources, approaches to the progress tests, weblinks, and lecturer resources including powerpoint slides and seminar activities. John Wheeler MA LLM BSc ACIB Cert Ed is a Senior Lecturer in Law at the University of Surrey, Roehampton.
Posted in Law