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Vol 21 No 10 Oct/Nov 2016

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The Law's Two Bodies


ISBN13: 9780199245185
ISBN: 0199245185
Published: May 2001
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £51.00



Low stock.

The common law is almost universally regarded as a system of case-law, increasingly supplemented by legislation, but this is only partly true.

There is an extensive body of lawyers' law which has a real existence outside the formal sources but is seldom acknowledged or discussed either by theorists or legal historians. This will still be so even when every judicial decision is electronically accessible.

In the heyday of the inns of court, this second body of law was partly expressed in 'common learning'. a corpus of legal doctrine handed on largely by oral tradition and a system of education informing the mind of every common lawyer. That common learning emanated from a law school in which the judges actively participated, and in which the lecturers of one generation provided the judiciary of the next. Some of it was written down, though the texts were until recently forgotten, and its importance was overlooked by historians as a result of changes in the common-law system during the early-modern period. Other forms of informal law may be seen at work in other times and contexts.

Although judicial decisions will always remain prime sources of legal history, as well as of law, the other body of legal thought and practice is equally 'law' in that it influences lawyers and has real consequences. Neither the history nor the present working of the common law can be understood without acknowledging its importance.

Subjects:
Legal History
Contents:
I. Case-Law and Statute-Law; II. Legal Fictions; III. Common Usage and Common Learning; Appendices: Some Illustrative Texts; A. Common Practice and Communis Error; B. Fictions in Writs and Pleadings; C. Fictions in Trial: Benefit of Clergy for Laymen; D. Linguistic Fictions; E. Improper Fictions; F. Common Learning; G. Opinions of Counsel; Index

Series: Clarendon Law Lectures

Mistake and Non-Disclosure of Fact: Models for English Contract Law ISBN 9780199593880
Published August 2012
Oxford University Press
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Mistake and Non-Disclosure of Fact: Models for English Contract Law (eBook) ISBN 9780191641916
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Women, Crime, and Character: From Moll Flanders to Tess of the D'Urbervilles ISBN 9780199544363
Published August 2008
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Active Liberty: Interpreting a Democratic Constitution ISBN 9780199227075
Published March 2008
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£35.99
Same Sex Relationships: From Odious Crime to Gay Marriage ISBN 9780199297733
Published May 2006
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£33.99
State Liability: Tort Law and Beyond ISBN 9780199272648
Published September 2004
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£38.99
Intellectual Property: Omnipresent, Distracting, Irrelevant?
William R. CornishHerchel Smith Professor of Intellectual Property Law, University of Cambridge
ISBN 9780199263073
Published February 2004
Oxford University Press
£38.99
Roman Law, Contemporary Law, European Law: The Civilian Tradition Today
Reinhard ZimmermannProfessor of Law, University of Regensburg, Germany
ISBN 9780198299134
Published July 2003
Oxford University Press
£55.00
The Practice of Principle: In Defence of a Pragmatist Approach to Legal Theory New ed
Jules ColemanWesley Newcomb Hohfeld Professor of Jurisprudence and Philosophy, Yale University, USA
ISBN 9780199264124
Published June 2003
Oxford University Press
£27.49
Some Landmarks of Twentieth Century Contract Law
Guenter TreitelFellow, All Souls College, University of Oxford
ISBN 9780199255757
Published September 2002
Oxford University Press
£38.99
Change and Continuity: Statute, Equity and Federalism ISBN 9780198298236
Published July 2001
Oxford University Press
£78.00
The Practice of Principle: In Defence of a Pragmatist Approach to Legal Theory
Jules ColemanWesley Newcomb Hohfeld Professor of Jurisprudence and Philosophy, Yale University, USA
ISBN 9780198298144
Published May 2001
Oxford University Press
£51.00
Economic Torts
Tony WeirFellow and Reader in Law, Trinity College, University of Cambridge
ISBN 9780198265931
Published October 1997
Oxford University Press
£44.49
Law and Legal Theory in the UK and USA
Richard A. PosnerChief Justice, Court of Appeals Seventh Circuit for the United States, Chicago, USA
ISBN 9780198264712
Published September 1997
Oxford University Press
£44.49