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Common Law Theory

Edited by: Douglas Edlin

ISBN13: 9780521176156
Published: January 2011
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback 2007)
Price: £27.99
Hardback edition , ISBN13 9780521846424



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The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

Legal scholars, philosophers, historians, and political scientists from Australia, Canada, New Zealand, the United Kingdom, and the United States analyze the common law through three of its classic themes: rules, reasoning, and constitutionalism. Their essays, specially commissioned for this volume, provide an opportunity for thinkers from different jurisdictions and disciplines to talk to each other and to their wider audience within and beyond the common law world. This book allows scholars and students to consider how these themes and concepts relate to one another. It will initiate and sustain a more inclusive and well-informed theoretical discussion of the common law's method, process, and structure. It will be valuable to lawyers, philosophers, political scientists, and historians interested in constitutional law, comparative law, judicial process, legal theory, law and society, legal history, democratic theory, political philosophy, and the relationship of the common law tradition to other legal systems of the world.

Subjects:
Jurisprudence
Contents:
Introduction Douglas E. Edlin
Part I. Common Law Rules
1. Judges as rulemakers Larry Alexander and Emily Sherwin
2. Some types of law John Gardner

Part II. Common Law Reasoning
3. The principles of legal reasoning in the common law Melvin A. Eisenberg
4. A similibus ad similia: analogical thinking in law Gerald J. Postema
5. Reasoned decisions and legal theory David Dyzenhaus and Michael Taggart

Part III. Common Law Constitutionalism
6. Common law, natural law, and the constitution James R. Stoner, Jr.
7. Text, context, and constitution: the common law as public reason T. R. S. Allan
8. The myth of the common law constitution Jeffrey Goldsworthy.

Series: Cambridge Studies in Philosophy and Law

Punishment, Compensation and Law: A Theory of Enforceability ISBN 9780521174237
Published February 2011
Cambridge University Press
£28.99
A Common Law Theory of Judicial Review: The Living Tree ISBN 9780521122665
Published November 2009
Cambridge University Press
£35.99
Automatism, Insanity and the Psychology of Criminal Responsibility ISBN 9780521061339
Published April 2008
Cambridge University Press
£28.99
Complicity: Ethics and Law for a Collective Age
Christopher KutzUniversity of California, Berkeley
ISBN 9780521039703
Published August 2007
Cambridge University Press
£22.99
Truth, Error and Criminal Law: An Essay in Legal Epistemology ISBN 9780521730358
Published August 2006
Cambridge University Press
£25.99
Crimes Against Humanity: A Normative Account ISBN 9780521600514
Published January 2005
Cambridge University Press
£31.99
The Jurisprudential Foundations of Corporate and Commercial Law ISBN 9780521591577
Published October 2004
Cambridge University Press
£87.00
Norms in a Wired World
Steven A. HetcherVanderbilt University, Tennessee
ISBN 9780521454360
Published March 2004
Cambridge University Press
£71.00
Constitutionalism: Philosophical Foundations ISBN 9780521799997
Published July 2003
Cambridge University Press
£31.99
Consent to Sexual Relations ISBN 9780521536110
Published June 2003
Cambridge University Press
£32.99
Beyond Comparison - Sex and Discrimination ISBN 9780521534154
Published June 2003
Cambridge University Press
£29.99
Equality, Responsibility and the Law New ed
Arthur RipsteinUniversity of Toronto
ISBN 9780521003070
Published December 2001
Cambridge University Press
£48.99
A Theory of Property ISBN 9780521378864
Published June 1990
Cambridge University Press
£74.99