evolution and the common law

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Evolution And The Common Law

Author : Allan C. Hutchinson
ISBN : 113944493X
Genre : Law
File Size : 39. 82 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.

Antitrust Law

Author : Keith N. Hylton
ISBN : 0521793785
Genre : Law
File Size : 77. 30 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.

Evolution And The Common Law

Author : Allan C. Hutchinson
ISBN : 113944493X
Genre : Law
File Size : 76. 89 MB
Format : PDF, ePub
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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 : 65. 43 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.

Revolution And Evolution In Private Law

Author : Sarah Worthington
ISBN : 9781509913251
Genre : Law
File Size : 21. 84 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 A Nation

Author : Daniel Berkowitz
ISBN : 9781400840540
Genre : Business & Economics
File Size : 20. 3 MB
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Although political and legal institutions are essential to any nation's economic development, the forces that have shaped these institutions are poorly understood. Drawing on rich evidence about the development of the American states from the mid-nineteenth to the late twentieth century, this book documents the mechanisms through which geographical and historical conditions--such as climate, access to water transportation, and early legal systems--impacted political and judicial institutions and economic growth. The book shows how a state's geography and climate influenced whether elites based their wealth in agriculture or trade. States with more occupationally diverse elites in 1860 had greater levels of political competition in their legislature from 1866 to 2000. The book also examines the effects of early legal systems. Because of their colonial history, thirteen states had an operational civil-law legal system prior to statehood. All of these states except Louisiana would later adopt common law. By the late eighteenth century, the two legal systems differed in their balances of power. In civil-law systems, judiciaries were subordinate to legislatures, whereas in common-law systems, the two were more equal. Former civil-law states and common-law states exhibit persistent differences in the structure of their courts, the retention of judges, and judicial budgets. Moreover, changes in court structures, retention procedures, and budgets occur under very different conditions in civil-law and common-law states. The Evolution of a Nation illustrates how initial geographical and historical conditions can determine the evolution of political and legal institutions and long-run growth.

A Concise History Of The Common Law

Author : Theodore Frank Thomas Plucknett
ISBN : 9781584771371
Genre : History
File Size : 89. 35 MB
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Plucknett, Theodore F.T. A Concise History of the Common Law. Fifth Edition. Boston: Little, Brown and Company, 1956. Reprinted 2001 by The Lawbook Exchange, Ltd. LCCN 00-067821. ISBN 1-58477-137-2. Cloth. $125. * "Professor Plucknett has such a solid reputation on both sides of the Atlantic that one expects from his pen only what is scholarly and accurate...Nor is the expectation likely to be disappointed in this book. Plucknett's book is not...a mere epitome of what is to be found elsewhere. He has explored on his own account many regions of legal history and, even where the ground has been already quartered, he has fresh methods of mapping it. The title which he has chosen is, in view of the contents of the volume, rather a narrow one. It might equally well have been A Concise History of English Law...In conjunction with Readings on the History and System of the Common Law by Dean Pound...this book will give an excellent grounding to the student of English legal history." Percy H. Winfield. Harv. L. Rev. 43:339-340.

The Common Law Employment Relationship

Author : Gordon Anderson
ISBN : 9781783479702
Genre : LAW
File Size : 34. 51 MB
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The contract of employment provides in many jurisdictions the legal foundation for the employment of workers. This book examines how the development of the common law under the influence of contemporary social and economic pressures has caused this contract to evolve.

Origins Of The Common Law

Author : Arthur Reed Hogue
ISBN : 0865970548
Genre : Law
File Size : 80. 87 MB
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Written for the beginning student as well as the experienced scholar, this introductory analysis of the origin and early development or the English common law provides and excellent grounding for the early study of legal history. Between 1154, when Henry II became king, and 1307, when Edward I died, the common law underwent spectacular growth. The author begins with a discussion of the relationship between the early rules of common law and the social order they serve during this period and concludes with an extended commentary on the durability and continued growth of the common law in modern times.

Business Firms And The Common Law

Author : Paul H. Rubin
ISBN : UOM:35128000869659
Genre : Business & Economics
File Size : 24. 8 MB
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