A Common Law

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LEGISLATING STATUTORY INTERPRETATION

Author : CHRISTOPHER. HUNT
Publisher : Unknown
Page : 128 pages
File Size : 41,7 Mb
Release : 2018
Category : Electronic
ISBN : 0779886771

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LEGISLATING STATUTORY INTERPRETATION by CHRISTOPHER. HUNT Pdf

Elements of Quebec Civil Law

Author : Louise Bélanger-Hardy,Aline Grenon
Publisher : Unknown
Page : 0 pages
File Size : 46,9 Mb
Release : 2008
Category : Civil law
ISBN : 0459257110

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Elements of Quebec Civil Law by Louise Bélanger-Hardy,Aline Grenon Pdf

Controversies in the Common Law

Author : Vanessa Gruben,Graham Mayeda,Owen Rees
Publisher : University of Toronto Press
Page : 264 pages
File Size : 44,7 Mb
Release : 2022-10-03
Category : Law
ISBN : 9781487540746

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Controversies in the Common Law by Vanessa Gruben,Graham Mayeda,Owen Rees Pdf

Beverley McLachlin was the first woman to be Chief Justice of the Supreme Court of Canada. Joining the Court while it was establishing its approach to the Canadian Charter of Rights and Freedoms, McLachlin aided the court in weathering the public backlash against controversial decisions during her tenure. Controversies in the Common Law explores Chief Justice McLachlin’s approach to legal reasoning, examines her remarkable contributions in controversial areas of the common law, and highlights the role of judicial philosophy in shaping the law. Chapters in this book span thirty years, and deal with a variety of topics – including tort, unjust enrichment, administrative and criminal law. The contributors show that McLachlin had a philosophical streak that drove her to ensure unity and consistency in the common law, and to prefer incremental change over revolution. Celebrating the career of an influential jurist, Controversies in the Common Law demonstrates how the common law approach taken by Chief Justice McLachlin has been successful in managing criticism and ensuring the legitimacy of the Court.

The Common Law

Author : Oliver Wendell Holmes
Publisher : Good Press
Page : 337 pages
File Size : 43,5 Mb
Release : 2019-11-19
Category : Law
ISBN : EAN:4057664139382

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The Common Law by Oliver Wendell Holmes Pdf

'The Common Law' is a book that was written by Oliver Wendell Holmes Jr., 21 years before Holmes became an Associate Justice of the Supreme Court of the United States. The book is about common law in the United States, including torts, property, contracts, and crime. It is written as a series of lectures. One of the most famous aphorisms to be drawn from this book occurs on the first page: "The life of the law has not been logic: it has been experience."

Married Women and the Law

Author : Tim Stretton,Krista J. Kesselring
Publisher : McGill-Queen's Press - MQUP
Page : 343 pages
File Size : 45,6 Mb
Release : 2013-12-01
Category : Law
ISBN : 9780773590144

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Married Women and the Law by Tim Stretton,Krista J. Kesselring Pdf

Explaining the curious legal doctrine of "coverture," William Blackstone famously declared that "by marriage, husband and wife are one person at law." This "covering" of a wife's legal identity by her husband meant that the greatest subordination of women to men developed within marriage. In England and its colonies, generations of judges, legislators, and husbands invoked coverture to limit married women's rights and property, but there was no monolithic concept of coverture and their justifications shifted to fit changing times: Were husband and wife lord and subject? Master and servant? Guardian and ward? Or one person at law? The essays in Married Women and the Law offer new insights into the legal effects of marriage for women from medieval to modern times. Focusing on the years prior to the passage of the Divorce Acts and Married Women's Property Acts in the late nineteenth century, contributors examine a variety of jurisdictions in the common law world, from civil courts to ecclesiastical and criminal courts. By bringing together studies of several common law jurisdictions over a span of centuries, they show how similar legal rules persisted and developed in different environments. This volume reveals not only legal changes and the women who creatively used or subverted coverture, but also astonishing continuities. Accessibly written and coherently presented, Married Women and the Law is an important look at the persistence of one of the longest lived ideas in British legal history. Contributors include Sara M. Butler (Loyola), Marisha Caswell (Queen’s), Mary Beth Combs (Fordham), Angela Fernandez (Toronto), Margaret Hunt (Amherst), Kim Kippen (Toronto), Natasha Korda (Wesleyan), Lindsay Moore (Boston), Barbara J. Todd (Toronto), and Danaya C. Wright (Florida).

A Common Law for the Age of Statutes

Author : Guido Calabresi
Publisher : Harvard University Press
Page : 332 pages
File Size : 40,8 Mb
Release : 2009-07-01
Category : Law
ISBN : 9780674029156

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A Common Law for the Age of Statutes by Guido Calabresi Pdf

The dominance of legislatures and statutory law has put an impossible burden on the courts. Guido Calabresi thinks it is time for this country seriously to consider returning to a traditional American judicial–legislative balance in which courts would enlarge the common law and would also decide when a rule of law has seen its day and should be revised.

Common Law, Civil Law, and Colonial Law

Author : William Eves,John Hudson,Ingrid Ivarsen,Sarah B. White
Publisher : Cambridge University Press
Page : 349 pages
File Size : 46,6 Mb
Release : 2021-04-15
Category : History
ISBN : 9781108845274

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Common Law, Civil Law, and Colonial Law by William Eves,John Hudson,Ingrid Ivarsen,Sarah B. White Pdf

A selection of outstanding papers from the 24th British Legal History Conference, celebrating scholarship in comparative legal history.

Civil Code of Lower Canada

Author : Québec (Province)
Publisher : Unknown
Page : 356 pages
File Size : 40,9 Mb
Release : 1889
Category : Law reports, digests, etc
ISBN : HARVARD:HL4GRK

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Civil Code of Lower Canada by Québec (Province) Pdf

The Nature of the Common Law

Author : Melvin Aron Eisenberg
Publisher : Harvard University Press
Page : 220 pages
File Size : 49,7 Mb
Release : 1991-10
Category : Law
ISBN : 0674604814

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The Nature of the Common Law by Melvin Aron Eisenberg Pdf

Common law rules predominate in some areas of law, such as torts and contracts, and are extremely important in other areas, such as corporations. Nevertheless, it has been unclear what principles courts use—or should use—in establishing common law rules. In this lucid book, Melvin Eisenberg develops the principles that govern this process.

Common Law – Civil Law

Author : Nicoletta Bersier,Christoph Bezemek,Frederick Schauer
Publisher : Springer Nature
Page : 194 pages
File Size : 49,8 Mb
Release : 2022-01-01
Category : Law
ISBN : 9783030877187

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Common Law – Civil Law by Nicoletta Bersier,Christoph Bezemek,Frederick Schauer Pdf

This book offers an in-depth analysis of the differences between common law and civil law systems from various theoretical perspectives. Written by a global network of experts, it explores the topic against the background of a variety of legal traditions.Common law and civil law are typically presented as antagonistic players on a field claimed by diverse legal systems: the former being based on precedent set by judges in deciding cases before them; the latter being founded on a set of rules intended to govern the decisions of those applying them. Perceived in this manner, common law and civil law differ in terms of the (main) source(s) of law; who is to create them; who is (merely) to draw from them; and whether the law itself is pure each step of the way, or whether the law’s purity may be tarnished when confronted with a set of contingent facts. These differences have deep roots in (legal) history – roots that allow us to trace them back to distinct traditions. Nevertheless, it is questionable whether the divide thus depicted is as great as it may seem: international and supranational legal systems unconcerned by national peculiarities appear to level the playing field. A normative understanding of constitutions seems to grant ever-greater authority to High Court decisions based on thinly worded maxims in countries that adhere to the civil law tradition. The challenges contemporary regulation faces call for ever-more detailed statutes governing the decisions of judges in the common law tradition. These and similar observations demand a structural reassessment of the role of judges, the power of precedent, the limits of legislation and other features often thought to be so different in common and civil law systems. The book addresses this reassessment.

A Short Introduction to the Common Law

Author : Geoffrey Samuel
Publisher : Edward Elgar Publishing
Page : 205 pages
File Size : 50,6 Mb
Release : 2013-10-31
Category : Law
ISBN : 9781782546382

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A Short Introduction to the Common Law by Geoffrey Samuel Pdf

It adopts an approach which explains the historical development of the common law institutions and procedures whilst also setting them in perspective through a comparative outlook. Aspects of the common law are contrasted on occasions with structural o

A Common Law for Europe

Author : Gian Antonio Benacchio,Barbara Pasa
Publisher : Central European University Press
Page : 331 pages
File Size : 53,7 Mb
Release : 2005-01-01
Category : Law
ISBN : 9789637326363

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A Common Law for Europe by Gian Antonio Benacchio,Barbara Pasa Pdf

The "Europeanization" of European private law has recently received much scrutiny and attention. Harmonizing European systems of law represents one of the greatest challenges of the 21st century. In effect, it is the adaptation of national laws into a new supra-national law, a process that signifies the beginning of a new age in Europe. This volume seeks to frame the creation of a new European Common Law in the context of recent events in European integration. The work is envisioned as a guide and written in a research friendly style that includes text inserts and an extensive bibliography. The detailed analysis and research this volume accomplishes is invaluable to those scholars and lawmakers who are the next generation of European leaders.

Trusts in Common-law Canada

Author : Dennis J. Pavlich
Publisher : Unknown
Page : 554 pages
File Size : 42,7 Mb
Release : 2020
Category : Trusts and trustees
ISBN : 0433497351

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Trusts in Common-law Canada by Dennis J. Pavlich Pdf

The Common Law Inside the Female Body

Author : Anita Bernstein
Publisher : Cambridge University Press
Page : 275 pages
File Size : 41,6 Mb
Release : 2019
Category : Law
ISBN : 9781107177819

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The Common Law Inside the Female Body by Anita Bernstein Pdf

Explains why lawyers seeking gender progress from primary legal materials should start with the common law.

Common Law in an Uncommon Courtroom

Author : Eva N.S. Ng
Publisher : John Benjamins Publishing Company
Page : 254 pages
File Size : 48,7 Mb
Release : 2018-11-15
Category : Language Arts & Disciplines
ISBN : 9789027263162

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Common Law in an Uncommon Courtroom by Eva N.S. Ng Pdf

This book takes you into a common-law courtroom which is in no way similar to any other courtroom where common law is practised. This uniqueness is characterised, in particular, by the use of English as the trial language in a predominantly Cantonese-speaking society and by the presence of other bilinguals in court, thus presenting specific challenges for the interpreters who work in it, and at times rendering the interpretation service superfluous. This study, inter alia, problematises judges’ intervention in the court proceedings, Chinese witnesses testifying in English, as well as English-language trials heard by Chinese jurors. It demonstrates how the use of chuchotage proves to be inadequate and inappropriate in the Hong Kong courtroom, where interpreting in an English-language trial is arguably provided to cater for the need of the linguistic majority. This book is useful to interpreters, language educators, legal professionals, forensic linguists and policy makers alike.