evolution and the common law

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Evolution And The Common Law

Author : Allan C. Hutchinson
ISBN : 113944493X
Genre : Law
File Size : 48. 20 MB
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This book offers a radical challenge to accounts of the common law's development. Contrary to received jurisprudential wisdom, it maintains there is no grand theory which will explain satisfactorily the dynamic interactions of change and stability in the common law's history. Offering original readings of Charles Darwin's and Hans-Georg Gadamer's works, the book shows that law is a rhetorical activity that can only be properly appreciated in its historical and political context; tradition and transformation are locked in a mutually reinforcing but thoroughly contingent embrace. In contrast to the dewy-eyed offerings of much contemporary work, it demonstrates that, like life, law is an organic process (i.e., events are the products of functional and localized causes) rather than a miraculous one (i.e., events are the result of some grand plan or intervention). In short, common law is a perpetual work-in-progress - evanescent, dynamic, messy, productive, tantalising, and bottom-up.

The Evolution Of Efficient Common Law

Author : Paul H. Rubin
ISBN : 1845424425
Genre : Business & Economics
File Size : 51. 31 MB
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This volume contains a selection of the most important articles on the issue of the evolution of the common law. the notion that evolutionary forces would lead to common law efficiency has been very influential in the study of the economics of law. Even those scholars who do not believe that the law is efficient will find it useful to consider the evolutionary forces identified in this volume.

Business Firms And The Common Law

Author : Paul H. Rubin
ISBN : UOM:35128000869659
Genre : Business & Economics
File Size : 87. 67 MB
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Antitrust Law

Author : Keith N. Hylton
ISBN : 0521793785
Genre : Law
File Size : 86. 58 MB
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This book is an effort to consolidate several different perspectives on antitrust law. First, Professor Hylton has presents a detailed description of the law as it has developed through numerous judicial opinions. Second, the author presents detailed economic critiques of the judicial opinions, drawing heavily on the literature in law and economics journals. Third, Professor Hylton integrates a jurisprudential perspective into the analysis that looks at antitrust as a vibrant field of common law. This last perspective leads the author to address issues of certainty, stability, and predictability in antitrust law, and to examine the pressures shaping its evolution.

Southern Cross

Author : Reinhard Zimmermann
ISBN : 0198260873
Genre : Law
File Size : 61. 32 MB
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This work provides a history of the main institutions of South African private law, as well as exploring the process through which the integration of English common law and continental civil law was achieved in that jurisdiction. It is a first stepping stone in the writing of the history of private law in South Africa.

Lincoln And The Common Law

Author : Dan W. Bannister
ISBN : STANFORD:36105044606510
Genre : Law
File Size : 23. 33 MB
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Revolution And Evolution In Private Law

Author : Sarah Worthington
ISBN : 9781509913268
Genre : Law
File Size : 23. 97 MB
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The development of private law across the common law world is typically portrayed as a series of incremental steps, each one delivered as a result of judges dealing with marginally different factual circumstances presented to them for determination. This is said to be the common law method. According to this process, change might be assumed to be gradual, almost imperceptible. If this were true, however, then even Darwinian-style evolution – which is subject to major change-inducing pressures, such as the death of the dinosaurs – would seem unlikely in the law, and radical and revolutionary paradigms shifts perhaps impossible. And yet the history of the common law is to the contrary. The legal landscape is littered with quite remarkable revolutionary and evolutionary changes in the shape of the common law. The essays in this volume explore some of the highlights in this fascinating revolutionary and evolutionary development of private law. The contributors expose the nature of the changes undergone and their significance for the future direction of travel. They identify the circumstances and the contexts which might have provided an impetus for these significant changes. The essays range across all areas of private law, including contract, tort, unjust enrichment and property. No area has been immune from development. That fact itself is unsurprising, but an extended examination of the particular circumstances and contexts which delivered some of private law's most important developments has its own special significance for what it might indicate about the shape, and the shaping, of private law regimes in the future.

The Evolution Of Western Private Law

Author : Alan Watson
ISBN : 9780801877087
Genre : History
File Size : 38. 84 MB
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The result is a work that incorporates all the ideas that Watson has put forward during his twenty-five years studying comparative law and the development of legal systems, combining a remarkable range of sources with superb insight.

The Common Law

Author : Oliver Wendell Holmes
ISBN : 9780486121222
Genre : Political Science
File Size : 77. 62 MB
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Only paperback edition of a great legal classic. Lucid, accessible coverage of liability, criminal law, torts, contracts, and more, from historical perspective. New introduction by Sheldon M. Novick. Table of Cases.

One Country Two Systems Three Legal Orders Perspectives Of Evolution

Author : Jorge Oliveira
ISBN : 9783540685722
Genre : Law
File Size : 49. 70 MB
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“One Country, Two Systems, Three Legal Orders” – Perspectives of Evolution – : Essays on Macau’s Autonomy after the Resumption of Sovereignty by China” can be said, in a short preamble-like manner, to be a book that provides a comprehensive look at several issues regarding public law that arise from, or correlate with, the Chinese apex motto for reunification – One Country, Two Systems – and its implementation in Macau and Hong Kong. Noble and contemporary themes such as autonomy models and fundamental rights are thoroughly approached, with a multilayered analysis encompassing both Western and Chinese views, and an extensive comparative law acquis is also brought forward. Furthermore, relevant issues on international law, criminal law, and historical and comparative evolutions and interactions of different legal s- tems are laid down in this panoramic, yet comprehensive book. One cannot but underline the presence, in the many approaches and comments, of a certain aura of a modern Kantian cosmopolitanism revisitation throughout the work, especially when dealing with the cardinal principle of «One Country, Two Systems», which enabled a peaceful and integral reunification ex vi international law – the Joint Declarations – that ended an external and distant control.

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