Download Full eBooks in PDF
Principles Of The Common Law Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Principles Of The Common Law book. This book definitely worth reading, it is an incredibly well-written.
Author : John Indermaur
Publisher : Unknown
Page : 604 pages
File Size : 53,5 Mb
Release : 1883
Category : Common law
ISBN : OXFORD:N11089844
Author : John Indermaur
Publisher : Unknown
Page : 692 pages
File Size : 55,9 Mb
Release : 1888
Category : Common law
ISBN : WISC:89100391432
Author : John Indermaur
Publisher : Unknown
Page : 666 pages
File Size : 48,6 Mb
Release : 1909
Category : Common law
ISBN : STANFORD:36105063157510
Author : John Indermaur
Publisher : Unknown
Page : 128 pages
File Size : 40,7 Mb
Release : 1898
Category : Electronic
ISBN : OCLC:603034277
Author : Melvin Aron Eisenberg
Publisher : Harvard University Press
Page : 220 pages
File Size : 47,5 Mb
Release : 1991-10-01
Category : Law
ISBN : 9780674263253
Much of our law is based on authoritative texts, such as constitutions and statutes. The common law, in contrast, is that part of the law that is established by the courts. 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 far from clear what principles courts use—or should use—in establishing common law rules. In this lucid yet subtly argued book, Melvin Eisenberg develops the principles that govern this process. The rules established in every common law case, he shows, are a product of the interplay between the rules announced in past precedents, on the one hand, and moral norms, policies, and experience, on the other. However, a court establishing a common law rule is not free, as a legislator would be, to employ those norms and policies it thinks best. Rather, it can properly employ only those that have a requisite degree of social support. More specifically, the common law should seek to satisfy three standards. First, it should correspond to the body of rules that would be arrived at by giving appropriate weight to all moral norms, policies, and experiential propositions that have the requisite support, and by making the best choices where norms, policies, and experience conflict. Second, all the rules that make up the body of the law should be consistent with one another. Third, the rules adopted in past precedents should be applied consistently over time. Often, these three standards point in the same direction. The central problems of legal reasoning arise when they do not. These problems are resolved by the principles of common law adjudication. With the general principles of common law adjudication as a background, the author then examines and explains the specific modes of common law reasoning, such as reasoning from precedent, reasoning by analogy, drawing distinctions, and overruling. Throughout the book, the analysis is fully illustrated by leading cases. This innovative and carefully worked out account of the common law will be of great interest to lawyers, law students, students in undergraduate legal studies programs, scholars interested in legal theory, and all those who want to understand the basic legal institutions of our society.
Author : Michael Arnheim
Publisher : Bloomsbury Academic
Page : 328 pages
File Size : 40,6 Mb
Release : 2004
Category : Law
ISBN : OSU:32437122193630
This unique book identifies, explains, analyses and discusses some of the most important and controversial principles of the Common Law of England, including some comparisons with United States law and that of Australia. Are logic and reason still principles of the law or should judges just be allowed to make up the law as they go along? Is the ancient principle of obedience to the law still valid today? Does the concept of Higher Law have any application to English law in relation either to European law or human rights law? What is meant by the Rule of Law: is there really such a thing? With the great emphasis today placed on rights, does the old principle still hold true that 'Where there's a right, there's a remedy'? What has happened to the doctrine 'Nobody shall profit from his own wrongdoing'? And what about the human rights supposedly guaranteed by the European Convention? This book focuses on two: individual liberty and freedom of expression. Michael Arnheim addresses these questions and also examines practical principles which can make all the difference to, for example, the validity of a will, the interpretation of a contract, or the outcome of a claim in negligence or ad
Author : CHRISTOPHER. HUNT
Publisher : Unknown
Page : 128 pages
File Size : 48,9 Mb
Release : 2018
Category : Electronic
ISBN : 0779886771
Author : Paul Daly
Publisher : Oxford University Press
Page : 321 pages
File Size : 43,8 Mb
Release : 2021
Category : Law
ISBN : 9780192896919
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.
Author : Nanette Baker Paul
Publisher : Legare Street Press
Page : 0 pages
File Size : 47,8 Mb
Release : 2022-10-27
Category : Law
ISBN : 1016724888
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author : Charles George Walpole
Publisher : Createspace Independent Publishing Platform
Page : 372 pages
File Size : 49,6 Mb
Release : 2016-02-12
Category : Electronic
ISBN : 1530018730
From the PREFACE. This book it is hoped may be of use to students; and is intended to serve as a kind of skeleton, whereon may be subsequently adjusted the various ramifications, details, and distinctions, which are to be sought for and found in the great text books. The general principles of common law are on the whole simple and clear; and it is the mass of cases reported, a large proportion of which turn upon their own peculiar facts, to which facts the general principles have to be applied, that makes each branch of law appear so formidable to the beginner. When once the general principles are firmly planted in the head, the student will follow the cases, which are corollaries or exceptions to those principles, and appreciate the decisions of the judges therein, with facility and profit; but until these general principles are clearly laid hold of, he is overwhelmed with what appears to him a chaotic and heterogeneous mass of legal learning. I have therefore endeavoured to sketch out a backbone for the student to work upon, which, though I feel it must be very incomplete, will, I trust, enable the reader to marshal his ideas. My object has been, as far as possible, to present a series of legal canons, and to illustrate these, where the meaning and effect would not be absolutely patent to the novice, with short abstracts of reported cases; in this way combining a digest with a collection of leading authorities. I have adopted the somewhat novel plan of printing in two colours, under the belief that such an arrangement might help the student to take a bird's-eye view of what is contained in these pages; and this plan must constitute my apology for the somewhat fanciful name of a "Rubric of the Common Law."
Author : Douglas E. Edlin
Publisher : Cambridge University Press
Page : 262 pages
File Size : 40,5 Mb
Release : 2010-10-18
Category : Law
ISBN : 0521176158
In this book, 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, separation of powers, democratic theory, political philosophy, the courts, and the relationship of the common law tradition to other legal systems of the world.
Author : John Jay McKelvey
Publisher : Unknown
Page : 224 pages
File Size : 40,7 Mb
Release : 1894
Category : Pleading
ISBN : STANFORD:36105044078587
Author : John Jay Mckelvey
Publisher : Wentworth Press
Page : 228 pages
File Size : 43,9 Mb
Release : 2019-03-08
Category : History
ISBN : 0530639556
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author : Paul Daly
Publisher : University of Toronto Press
Page : 423 pages
File Size : 43,6 Mb
Release : 2019-04-26
Category : Law
ISBN : 9781487504434
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.
Author : Québec (Province)
Publisher : Unknown
Page : 356 pages
File Size : 41,5 Mb
Release : 1889
Category : Law reports, digests, etc
ISBN : HARVARD:HL4GRK