Law In Common

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Law in Common

Author : Tom Johnson
Publisher : Oxford University Press
Page : 339 pages
File Size : 41,7 Mb
Release : 2019-12-12
Category : History
ISBN : 9780191088483

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Law in Common by Tom Johnson Pdf

There were tens of thousands of different local law-courts in late-medieval England, providing the most common forums for the working out of disputes and the making of decisions about local governance. While historians have long studied these institutions, there have been very few attempts to understand this complex institutional form of 'legal pluralism'. Law in Common provides a way of understanding this complexity by drawing out broader patterns of legal engagement. Tom Johnson first explores four 'local legal cultures'—in the countryside, in forests, in towns and cities, and in the maritime world—that grew up around legal institutions, landscapes, and forms of socio-economic practice in these places, and produced distinctive senses of law. Johnson then turns to examine 'common legalities', widespread forms of social practice that emerge across these different localities, through which people aimed to invoke the power of law. Through studies of the physical landscape, the production of legitimate knowledge, the emergence of English as a legal vernacular, and the proliferation of legal documents, the volume offers a new way to understand how common people engaged with law in the course of their everyday lives. Drawing on a huge body of archival research from the plenitude of different local institutions, Law in Common offers a new social history of law that aims to explain how common people negotiated the transformational changes of the long fifteenth century with, and through, legality.

Elements of Quebec Civil Law

Author : Louise Bélanger-Hardy,Aline Grenon
Publisher : Unknown
Page : 0 pages
File Size : 45,5 Mb
Release : 2008
Category : Civil law
ISBN : 0459257110

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

LEGISLATING STATUTORY INTERPRETATION

Author : CHRISTOPHER. HUNT
Publisher : Unknown
Page : 128 pages
File Size : 41,9 Mb
Release : 2018
Category : Electronic
ISBN : 0779886771

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LEGISLATING STATUTORY INTERPRETATION by CHRISTOPHER. HUNT Pdf

Apex Courts and the Common Law

Author : Paul Daly
Publisher : University of Toronto Press
Page : 423 pages
File Size : 55,6 Mb
Release : 2019-04-26
Category : Law
ISBN : 9781487504434

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Apex Courts and the Common Law by Paul Daly Pdf

For centuries, courts across the common law world have developed systems of law by building bodies of judicial decisions. In deciding individual cases, common law courts settle litigation and move the law in new directions. By virtue of their place at the top of the judicial hierarchy, courts at the apex of common law systems are unique in that their decisions and, in particular, the language used in those decisions, resonate through the legal system. Although both the common law and apex courts have been studied extensively, scholars have paid less attention to the relationship between the two. By analyzing apex courts and the common law from multiple angles, this book offers an entry point for scholars in disciplines related to law - such as political science, history, and sociology - who are seeking a deeper understanding and new insights as to how the common law applies to and is relevant within their own disciplines.

Controversies in the Common Law

Author : Vanessa Gruben,Graham Mayeda,Owen Rees
Publisher : University of Toronto Press
Page : 264 pages
File Size : 52,8 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.

Common Law – Civil Law

Author : Nicoletta Bersier,Christoph Bezemek,Frederick Schauer
Publisher : Springer Nature
Page : 194 pages
File Size : 48,9 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.

Understanding Administrative Law in the Common Law World

Author : Paul Daly
Publisher : Oxford University Press
Page : 321 pages
File Size : 45,9 Mb
Release : 2021
Category : Law
ISBN : 9780192896919

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Understanding Administrative Law in the Common Law World by Paul Daly Pdf

A new framework for understanding contemporary administrative law, through a comparative analysis of case law from Australia, Canada, England, Ireland, and New Zealand. The author argues that the field is structured by four values: individual self-realisation, good administration, electoral legitimacy and decisional autonomy.

A.V. Dicey and the Common Law Constitutional Tradition

Author : Mark D. Walters
Publisher : Cambridge University Press
Page : 479 pages
File Size : 44,5 Mb
Release : 2020-11-12
Category : Biography & Autobiography
ISBN : 9781107028470

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A.V. Dicey and the Common Law Constitutional Tradition by Mark D. Walters Pdf

Offers a distinctive account of the rule of law and legislative sovereignty within the work of Albert Venn Dicey.

Trusts in Common-law Canada

Author : Dennis J. Pavlich
Publisher : Unknown
Page : 554 pages
File Size : 50,9 Mb
Release : 2020
Category : Trusts and trustees
ISBN : 0433497351

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

A Short Introduction to the Common Law

Author : Geoffrey Samuel
Publisher : Edward Elgar Publishing
Page : 205 pages
File Size : 52,9 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

Common Law Judging

Author : Douglas E Edlin
Publisher : University of Michigan Press
Page : 281 pages
File Size : 46,7 Mb
Release : 2016-07-29
Category : Political Science
ISBN : 9780472130023

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Common Law Judging by Douglas E Edlin Pdf

Moving beyond the subjectivity-objectivity debate, Edlin presents a case for intersubjectivity

The Common Place of Law

Author : Patricia Ewick,Susan S. Silbey
Publisher : University of Chicago Press
Page : 338 pages
File Size : 47,9 Mb
Release : 2014-12-10
Category : Social Science
ISBN : 9780226212708

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The Common Place of Law by Patricia Ewick,Susan S. Silbey Pdf

Why do some people not hesitate to call the police to quiet a barking dog in the middle of the night, while others accept the pain and losses associated with defective products, unsuccesful surgery, and discrimination? Patricia Ewick and Susan Silbey collected accounts of the law from more than four hundred people of diverse backgrounds in order to explore the different ways that people use and experience it. Their fascinating and original study identifies three common narratives of law that are captured in the stories people tell. One narrative is based on an idea of the law as magisterial and remote. Another views the law as a game with rules that can be manipulated to one's advantage. A third narrative describes the law as an arbitrary power that is actively resisted. Drawing on these extensive case studies, Ewick and Silbey present individual experiences interwoven with an analysis that charts a coherent and compelling theory of legality. A groundbreaking study of law and narrative, The Common Place of Law depicts the institution as it is lived: strange and familiar, imperfect and ordinary, and at the center of daily life.

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 : 44,7 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.

The Common Law

Author : Oliver Wendell Holmes
Publisher : Good Press
Page : 337 pages
File Size : 45,6 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."

Common Law and Civil Law Today - Convergence and Divergence

Author : Marko Novakovic
Publisher : Vernon Press
Page : 502 pages
File Size : 54,8 Mb
Release : 2019-05-09
Category : Law
ISBN : 9781622738076

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Common Law and Civil Law Today - Convergence and Divergence by Marko Novakovic Pdf

Authors from 13 countries come together in this edited volume, Common Law and Civil Law Today: Convergence and Divergence, to present different aspects of the relationship and intersections between common and civil law. Approaching the relationship between common and civil law from different perspectives and from different fields of law, this book offers an intriguing insight into the similarities, differences and connections between these two major legal traditions. This volume is divided into 3 parts and consists of 22 articles. The first part discusses the common law/civil law dichotomy in the international legal systems and theory. The second focuses on case-law and arbitration, while the third part analyses elements of common and civil law in various legal systems. By offering such a variety of approaches and voices, this book allows the reader to gain an invaluable insight into the historical, comparative and theoretical contexts of this legal dichotomy. From its carefully selected authors to its comprehensive collection of articles, this edited volume is an essential resource for students, researchers and practitioners working or studying within both legal systems.