Evolution and the Common Law

Author: Allan C. Hutchinson

Publisher: Cambridge University Press

ISBN: 9781139444934

Category: Law

Page: N.A

View: 8473

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.

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: 1384

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: 4603

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

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: 2153

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.

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: 1219

'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

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: 4813

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.

The Common Law

Author: Oliver Wendell Holmes

Publisher: Courier Corporation

ISBN: 0486121224

Category: Political Science

Page: 480

View: 1010

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.

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: 2607

Metaphysics and the Origin of Species

Author: Michael T. Ghiselin

Publisher: SUNY Press

ISBN: 9780791434673

Category: Science

Page: 377

View: 3040

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.

A History of Water Rights at Common Law

Author: Joshua Getzler

Publisher: Oxford University Press on Demand

ISBN: 9780198265818

Category: Law

Page: 396

View: 1781

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.

The Evolution of Efficient Common Law

Author: Paul H. Rubin

Publisher: Edward Elgar Publishing

ISBN: 9781845424428

Category: Business & Economics

Page: 687

View: 7617

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.

Iniuria and the Common Law

Author: Eric Descheemaeker,Helen Scott

Publisher: A&C Black

ISBN: 1782253386

Category: Law

Page: 276

View: 3124

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.

Evolution of Competition Laws and their Enforcement

A Political Economy Perspective

Author: Pradeep S Mehta

Publisher: Routledge

ISBN: 1136598480

Category: Business & Economics

Page: 256

View: 4360

This edited volume identifies the various country specific factors that warrant changes in the design and implementation of competition laws. The book covers case studies of nine countries of differing sizes and at varying stages of economic development, that have at one stage or another repealed extant competition laws for new ones, and seeks to examine the motivations and contexts under which this was done. The countries examined include the Czech Republic, Hungary, India, Ireland, Poland, Serbia, South Africa, Tanzania and the UK. Tracing the evolution of competition regimes in the countries covered, the book provides lessons for countries still in the process of forming their competition regimes. The contributions show that the road to strong competition regimes is seldom smooth, and that social, economic and political factors in the country hugely impact on the pace and effectiveness of competition reforms. The volume also addresses the issue of when the development of competition policies and laws can be seen to be in conflict with national development strategies.

Evolution of the Judicial Opinion

Institutional and Individual Styles

Author: William D. Popkin

Publisher: NYU Press

ISBN: 0814767265

Category: Law

Page: 301

View: 8906

Punctuated by marches across the United States in the spring of 2006, immigrant rights has reemerged as a significant and highly visible political issue. Immigrant Rights in the Shadows of U.S. Citizenship brings prominent activists and scholars together to examine the emergence and significance of the contemporary immigrant rights movement. Contributors place the contemporary immigrant rights movement in historical and comparative contexts by looking at the ways immigrants and their allies have staked claims to rights in the past, and by examining movements based in different communities around the United States. Scholars explain the evolution of immigration policy, and analyze current conflicts around issues of immigrant rights; activists engaged in the current movement document the ways in which coalitions have been built among immigrants from different nations, and between immigrant and native born peoples. The essays examine the ways in which questions of immigrant rights engage broader issues of identity, including gender, race, and sexuality.

Bibliography of Law and Economics

Author: B. Bouckaert,G. de Geest

Publisher: Springer Science & Business Media

ISBN: 9401708932

Category: Law

Page: 667

View: 525

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.

Essentials of the English Legal System

Author: John Wheeler

Publisher: Pearson Education

ISBN: 9781405811675

Category: Law

Page: 391

View: 8960

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.

Environmental Protection and the Common Law

Author: John Lowry,Rod Edmunds

Publisher: Bloomsbury Publishing

ISBN: 1847310850

Category: Law

Page: 288

View: 8586

Within the broad framework of the common law of tort,the torts of nuisance and the rule in Rylands v. Fletcher are central to the protection of the rights of landowners to use and enjoy their land without unreasonable interference and to be free from material damage to their interests. Negligence actions can also serve to promote the protection of personal and property interests. Yet toxic torts are often seen as being beset by theoretical and practical drawbacks. Overall there are serious concerns about the continued value of common law principles as an effective and coherent system that is geared to protecting the environment. Environmental law is increasingly developing its own statutory regimes to address a range of environmental problems. This accentuates the sense in which the aims and reach of these two different branches of the law appear to be diverging. Questions inevitably arise about the inter-relationship between private law sphere of tort and public regulatory schemes. The contributors to this volume of essays include many of the UK's leading academics in the relevant fields of private and public law. While the essays are broadly based, the focus of the book is on the challenges posed by accommodating tort with environmental law.

Religious Confession Privilege and the Common Law

Author: A. Keith Thompson

Publisher: Martinus Nijhoff Publishers

ISBN: 9004172327

Category: Political Science

Page: 395

View: 9796

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.

Environmental Principles and the Evolution of Environmental Law

Author: Eloise Scotford

Publisher: Bloomsbury Publishing

ISBN: 1782252908

Category: Law

Page: 272

View: 3155

Environmental principles – from the polluter pays and precautionary principles to the principles of integration and sustainability – proliferate in domestic and international legal and policy discourse, reflecting key goals of environmental protection and sustainable development on which there is apparent political consensus. Environmental principles also have a high profile in environmental law, beyond their popularity as policy and political concepts, as ideas that might unify the subject and provide it with conceptual foundations or boost its delivery of environmental outcomes. However, environmental principles are elusive legal concepts. This book deepens the legal understanding of environmental principles in light of recent legal developments. It analyses the increasing legal effects of environmental principles in different jurisdictions and demonstrates how they are shaping and revealing innovative and evolving bodies of environmental law. This analysis is a step forward in understanding a key feature of modern environmental law and presents a robust methodology for dealing with novel legal concepts in the subject. It also makes a contribution to environmental policy debates and discussions internationally that rely heavily on environmental principles, including their supposed legal effects.

The Evolution of Legal Business Forms in Europe and the United States

Venture Capital, Joint Venture and Partnership Structures

Author: Erik M. Vermeulen

Publisher: Kluwer Law International B.V.

ISBN: 9041120572

Category: Law

Page: 376

View: 8599

The evolution of partnership forms is stimulated by powerful economic forces that can lead to widespread prosperity and wealth creation for a society. Given the importance of closely held firms in the United States and Europe, The Evolution of Legal Business Forms in Europe and the United States argues that partnership law should trouble itself less with historical and descriptive arguments about the legal rules and structure of the partnership form and focus much more on the new analytical apparatus of the economics of organizational form as well the fundamental economic learning that informs the debates on limited liability, partnership rules regarding management and control, conflict resolution and fiduciary duties. Introducing and extending the best available theories from law and economics, particularly those from the theory of the firm, This book?s analysis demonstrates that the patterns of European partnership law and its recent history are best understood from an economic and comparative law perspective. By examining the economic theories of the firm and the economics of organization choice, The Evolution of Legal Business Forms in Europe and the United States conceives partnership-type business forms as contractual entities. The key feature of the modern partnership form is that partners have significant flexibility and power to limit their liability, transfer all of their rights, and to freely exit the firm. Another key feature of partnership law is the insight that lawmakers should provide the rules and enforcement mechanisms to regulate the important relationships within the partnership. This book applies an efficiency test to determine which sets of default rules are likely to resolve the main problems in partnerships. Having identified partnership law with the economic theory of organization, The Evolution of Legal Business Forms in Europe and the United States then goes to argue that most of partnership law is directed at offering bundles of legal rules for different types of firms. Lawmakers should promote partnership rules that attract investors and can be expected to be efficient if they allow entrepreneurs to freely select the bundle of rules that best match their priorities. In a modern vision of partnership law, lawmakers promote economic welfare through creating non-mandatory rules that allow multiple businesses to switch to a favourable business form without significant costs. Jurisdictions plagued by falling incorporations and low levels of small and medium business activity, should abandon the mandatory and standardized framework and the `lock in? effect that it promotes, and focus on the mechanisms of legal evolution and rules that tend to mimic the market. This innovation work will have ramifications felt across European jurisdictions, and will be debated by a large audience of policymakers and academic lawyers involved in law reform. Moreover, the book will receive serious attention from students of law and economics, as well as practising lawyers involved in resolving complex issues of organizational law. Review (s) ?Vermeulen?s work makes a significant contribution to the dialogue between legal scholars and policy makers from Europe and the United States on the matter of business entity law reform. The volume is ambitious in scope, thoughtful in approach, and accurate in result. It shows a well-read and nuanced view of the recent American partnership law reform debates. He moves with assurance between different systems of law and analysis, and has a confident sense of what his diverse readers need to know to come to the ultimate discussion with a common sense of the issues and alternatives at hand. Vermeulen?s work should serve as a starting point for a robust discussion among scholars and policy makers.?