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Author : John Indermaur
Publisher : Unknown
Page : 692 pages
File Size : 48,9 Mb
Release : 1888
Category : Common law
ISBN : WISC:89100391432
Author : Michael Arnheim
Publisher : Bloomsbury Academic
Page : 328 pages
File Size : 48,7 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 : 40,5 Mb
Release : 2018
Category : Electronic
ISBN : 0779886771
Author : Melvin Aron Eisenberg
Publisher : Harvard University Press
Page : 220 pages
File Size : 50,7 Mb
Release : 1991-10
Category : Law
ISBN : 0674604814
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.
Author : Paul Daly
Publisher : Oxford University Press
Page : 321 pages
File Size : 46,9 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 : Québec (Province)
Publisher : Unknown
Page : 356 pages
File Size : 43,9 Mb
Release : 1889
Category : Law reports, digests, etc
ISBN : HARVARD:HL4GRK
Author : Georghios M. Pikis
Publisher : BRILL
Page : 131 pages
File Size : 50,6 Mb
Release : 2016-10-13
Category : Law
ISBN : 9789004313736
The book deals with the genesis, formation and development of two fundamental aspects of English Law, common law and equity. The common law laid down the rules governing cohabitation in communities and human rights. Equity was the offspring of natural law designed to prevent and remedy injustice resulting from unconscionable conduct. English law including both common law and equity was introduced in former British Colonies and dominions. In most of them it was retained after independence. This is the principal legacy of English colonization of countries. The introduction, application and retention of English law is reflected in Cyprus, a former British colony.
Author : John Indermaur
Publisher : Unknown
Page : 128 pages
File Size : 52,5 Mb
Release : 1898
Category : Electronic
ISBN : OCLC:603034277
Author : Nanette Baker Paul
Publisher : Forgotten Books
Page : 250 pages
File Size : 40,9 Mb
Release : 2018-03-22
Category : Law
ISBN : 0365314315
Excerpt from The Heart of Blackstone: Or Principles of the Common Law The practical value of this book is not con fined to lawyers and students at law, but the earnest and intelligent searcher after knowl edge in other fields, no less than the members of the legal and other learned professions, cannot' fail to derive accurate and profitable instruction from its study. The author's rare power of condensation, orderly division of the subjects treated, and their logical development, give special value to this work as a succinct yet comprehensive view of the leading principles and maxims of the common law. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author : Douglas E. Edlin
Publisher : Cambridge University Press
Page : 262 pages
File Size : 45,8 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 : Charles George Walpole
Publisher : Createspace Independent Publishing Platform
Page : 372 pages
File Size : 45,8 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 : John Jay McKelvey
Publisher : Unknown
Page : 224 pages
File Size : 46,7 Mb
Release : 1894
Category : Pleading
ISBN : STANFORD:36105044078587
Author : John Jay Mckelvey
Publisher : Wentworth Press
Page : 228 pages
File Size : 42,9 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 : Oliver Wendell Holmes
Publisher : Transaction Publishers
Page : 370 pages
File Size : 53,7 Mb
Release : 2004-11-01
Category : Law
ISBN : 1412819903
The Common Law is Oliver Wendell Holmes' most sustained work of jurisprudence. In it the careful reader will discern traces of his later thought as found in both his legal opinions and other writings. At the outset of The Common Law Holmes posits that he is concerned with establishing that the common law can meet the changing needs of society while preserving continuity with the past. A common law judge must be creative, both in determining the society's current needs, and in discerning how best to address these needs in a way that is continuous with past judicial decisions. In this way, the law evolves by moving out of its past, adapting to the needs of the present, and establishing a direction for the future. To Holmes' way of thinking, this approach is superior to imposing order in accordance with a philosophical position or theory because the law would thereby lose the flexibility it requires in responding to the needs and demands of disputing parties as well as society as a whole. According to Holmes, the social environment--the economic, moral, and political milieu--alters over time. Therefore, in order to remain responsive to this social environment, the law must change as well. But the law is also part of this environment and impacts it. There is, then, a continual reciprocity between the law and the social arrangements in which it is contextualized. And, as with the evolution of species, there is no starting over. Rather, in most cases, a judge takes existing legal concepts and principles, as these have been memorialized in legal precedent, and adapts them, often unconsciously, to fit the requirements of a particular case and present social conditions. Oliver Wendell Holmes, Jr. (1841-1935) served as chief justice of the Massachusetts Supreme Court and as an associate justice of the U.S. Supreme Court. He was nicknamed the "Great Dissenter" because of his many dissenting opinions. Holmes is also the author of Kent's Commentaries on the Law (1873) and "The Path of the Law" (1897). Tim Griffin has advanced degrees in philosophy and law, and has taught philosophy and legal theory courses at a number of universities. He is currently a seminarian pursuing ordination to the priesthood in the Episcopal Church.
Author : John Jay McKelvey
Publisher : Unknown
Page : 230 pages
File Size : 42,7 Mb
Release : 2015-02-20
Category : Electronic
ISBN : 1298408164
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.