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Vol 23 No 6 June/July 2018

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Drafting Commercial Agreements

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Data protection handbook

The Common Law Mind

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J.W. TubbsAssistant Professor of Political Science, University of Wisconsin-Eau Claire, USA

ISBN13: 9780801862090
ISBN: 0801862094
Published: March 2001
Publisher: Johns Hopkins University Press
Format: Hardback
Price: Out of print

Scholars of comparative law and English legal history have traditionally distinguished the civil law's emphasis on legislation as the primary source of legal authority from the common law's emphasis on custom and on case law. In this text, the author finds little evidence to support this and other traditional understandings of English jurisprudence.;Examining thousands of legal and judicial documents for references to the nature and authority of custom, case law, statutes, equity and reason, J.W. Tubbs depicts the tensions within and the evolution of English legal thought between the 12th and 17th centuries. Most lawyers, he concludes, never thought of all English law as customary in nature and never understood the common law to be a fundamental law, superior to statue. Instead, statute law was much more central to English jurisprudence than has usually been believed and it was always understood to be superior in authority to the common law and its role in statutory interpretation.

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