A Common Law
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The Common Law
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Author : Oliver Wendell Holmes
language : en
Publisher: Good Press
Release Date : 2019-11-19
The Common Law written by Oliver Wendell Holmes and has been published by Good Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-19 with Law categories.
'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."
The Common Law
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Author : Oliver Wendell Holmes
language : en
Publisher: Transaction Publishers
Release Date : 2004-11-01
The Common Law written by Oliver Wendell Holmes and has been published by Transaction Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-11-01 with Law categories.
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.
A Concise History Of The Common Law
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Author : Theodore Frank Thomas Plucknett
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 2001
A Concise History Of The Common Law written by Theodore Frank Thomas Plucknett and has been published by The Lawbook Exchange, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Common law categories.
Originally published: 5th ed. Boston: Little, Brown and Co., 1956.
A Common Law For The Age Of Statutes
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Author : Guido Calabresi
language : en
Publisher: Harvard University Press
Release Date : 2009-07-01
A Common Law For The Age Of Statutes written by Guido Calabresi and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-07-01 with Law categories.
The dominance of legislatures and statutory law has put an impossible burden on the courts. Guido Calabresi thinks it is time for this country seriously to consider returning to a traditional American judicial–legislative balance in which courts would enlarge the common law and would also decide when a rule of law has seen its day and should be revised.
A Short Introduction To The Common Law
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Author : Geoffrey Samuel
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013-10-31
A Short Introduction To The Common Law written by Geoffrey Samuel and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-31 with Law categories.
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
A Common Law
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Author : Ruben Alvarado
language : en
Publisher: WordBridge Publishing
Release Date : 2019-09-01
A Common Law written by Ruben Alvarado and has been published by WordBridge Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-01 with Law categories.
It is no secret that Western civilization is under siege. Outside the gates, the world demands a share of the wealth as well as the power that the West enjoys. Inside the gates, the Western way of life is challenged by those who demand fundamental change in the direction of social justice. Upon closer inspection, Western civilization evinces a divergence within itself. It proves to comprise two blocs, with opposing agendas and opposing ideologies. The one bloc is located within the Anglo-American orbit, the other within the orbit of Continental Europe. This explains the drive toward European Union. The EU gives formal shape to this ideological coherence among the Continental European nations. By the same token, it explains the drive toward “Brexit” in the United Kingdom, the UK being part of the Anglo-American orbit. This perspective opens the door to understanding the dynamic of global politics. Far from being a case of the “West versus the Rest,” the global political dynamic is driven by this divergence within Western civilization itself. The drive toward global governance, universal jurisdiction, the normalization of the sexual revolution, the climate change agenda, are all expressions, not of the rest of the world, but of the West, and within the West, of the Continental European bloc. As such, this is a question of how we are to understand the law of nations: what is sovereignty, and where is it located? This also explains why the USA inevitably stands in the way of the Continental European agenda. Its tradition, its ideology, is fundamentally other, and the two cannot be reconciled. This also explains unrelenting anti-Americanism even in the USA itself, propagated by media, academia, even political parties. The ideological split runs right through American society itself, weakening it from within. For the one tradition is home-grown, the other is imported. How are we to explain this divergence? Where did these two opposing orientations come from? What more can be said about their conflict, and what will be the result of it? These are the questions raised in A Common Law. Published on the 20th anniversary of the first edition, this second edition includes the first edition in its entirety, and supplements it with running commentary as well as additional material bringing the issues forward to the situation post-2016.
The Spirit Of The Common Law
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Author : Roscoe Pound
language : en
Publisher:
Release Date : 1921
The Spirit Of The Common Law written by Roscoe Pound and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1921 with History categories.
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.
The Common Law
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Author : Oliver Wendell Holmes
language : en
Publisher: Courier Corporation
Release Date : 1991-01-01
The Common Law written by Oliver Wendell Holmes and has been published by Courier Corporation this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991-01-01 with Political Science categories.
Only paperback edition of great legal classic. Lucid, accessible coverage of liability, criminal law, torts, contracts, more, from historical perspective. New introduction by Sheldon M. Novick. Table of Cases.
Common Law Civil Law And Colonial Law
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Author : William Eves
language : en
Publisher: Cambridge University Press
Release Date : 2021-04-15
Common Law Civil Law And Colonial Law written by William Eves and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-15 with History categories.
A selection of outstanding papers from the 24th British Legal History Conference, celebrating scholarship in comparative legal history.
The History Of The Common Law
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Author : Matthew Hale
language : en
Publisher:
Release Date : 1779
The History Of The Common Law written by Matthew Hale and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1779 with Civil law categories.