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Vol 21 No 11 Nov/Dec 2016

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Criminal Injuries Compensation Claims

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Common Law Theory

Edited by: Douglas Edlin

ISBN13: 9780521846424
Published: July 2007
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £59.99
Paperback edition , ISBN13 9780521176156



This is a Print On Demand Title.
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.

  • Features authors from around the common law world
  • Authors are from various academic disciplines
  • Single volume for important work on common law from leading international authors

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.