Towards A Truly Common Law
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Towards A Truly Common Law
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Author : Mireille Delmas-Marty
language : en
Publisher: Cambridge University Press
Release Date : 2002-10-17
Towards A Truly Common Law written by Mireille Delmas-Marty 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 2002-10-17 with Law categories.
Mireille Delmas-Marty demonstrates an urgent need to reconstruct the national and international legal landscapes.
The Principles Of The Common Law
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Author : Michael Arnheim
language : en
Publisher: Bloomsbury Academic
Release Date : 2004
The Principles Of The Common Law written by Michael Arnheim and has been published by Bloomsbury Academic this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
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
The Making Of European Private Law
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Author : J. M. Smits
language : en
Publisher: Intersentia nv
Release Date : 2002
The Making Of European Private Law written by J. M. Smits and has been published by Intersentia nv this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Civil law categories.
The private law of the Member States of the European Union has become more and more 'European'. The fact that the European Union is making ever more use of directives as an instrument to achieve private law goals, is, in this context, not the most important development. Of much more substance is the fact that one increasingly realises that a uniform European private law has to be created, in one way or another, in the near future, if a truly common European market is to function at all. Over the last decade, Europe has witnessed the emergence of a vigorous debate about the need for and the feasibility of a future European ius commune in the field of private law. This book critically discusses this debate and provides a systematic overview of the various initiatives taken and describes the fragmentary European private law that already exists (by way of European directives, international conventions, etc.). In addition, the author aims at making a contribution to the debate by suggesting that the experience (good or bad) of the so-called 'mixed legal systems' is of great importance to the European private law venture and to the development of a uniform private law for Europe. This idea is supported by insights from Law & Economics and illustrated by South African law in particular. This idea of 'European private law as a mixed legal system' is then applied to the law of contracts, torts and property. This book takes up the challenge to give a critical examination on the various methods of creating this ius commune. A detailed table of contents, list of abbreviations, bibliography, table of cases and index complete the book and make it a valuable study for everyone interested in European private law.
A Rubric Of The Common Law
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Author : Charles George Walpole
language : en
Publisher:
Release Date : 2008-06-01
A Rubric Of The Common Law written by Charles George Walpole and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-06-01 with categories.
This scarce antiquarian book is a facsimile reprint of the original. Due to its age, it may contain imperfections such as marks, notations, marginalia and flawed pages. Because we believe this work is culturally important, we have made it available as part of our commitment for protecting, preserving, and promoting the world's literature in affordable, high quality, modern editions that are true to the original work.
The Common Law
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Author : Oliver Wendell Holmes (Jr.)
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 2005
The Common Law written by Oliver Wendell Holmes (Jr.) 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 2005 with Common law categories.
Oliver Wendell Holmes, Jr. (1841-1935) is generally considered one of the greatest justices of the United States Supreme Court. In more than 2,000 opinions, Holmes delineated an impressive legal philosophy that profoundly influenced American jurisprudence, particularly in the area of civil liberties and judicial restraint. In THE COMMON LAW, the ideas and judicial theory of Holmes can be studied and appreciated.
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
The Spirit Of The Common Law
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Author : Roscoe Pound
language : en
Publisher:
Release Date : 2008
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 2008 with categories.
This scarce antiquarian book is a facsimile reprint of the original. Due to its age, it may contain imperfections such as marks, notations, marginalia and flawed pages. Because we believe this work is culturally important, we have made it available as part of our commitment for protecting, preserving, and promoting the world's literature in affordable, high quality, modern editions that are true to the original work.
Common Law Civil Law
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Author : Nicoletta Bersier
language : en
Publisher: Springer Nature
Release Date : 2022-01-01
Common Law Civil Law written by Nicoletta Bersier and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-01 with Law categories.
This book offers an in-depth analysis of the differences between common law and civil law systems from various theoretical perspectives. Written by a global network of experts, it explores the topic against the background of a variety of legal traditions.Common law and civil law are typically presented as antagonistic players on a field claimed by diverse legal systems: the former being based on precedent set by judges in deciding cases before them; the latter being founded on a set of rules intended to govern the decisions of those applying them. Perceived in this manner, common law and civil law differ in terms of the (main) source(s) of law; who is to create them; who is (merely) to draw from them; and whether the law itself is pure each step of the way, or whether the law’s purity may be tarnished when confronted with a set of contingent facts. These differences have deep roots in (legal) history – roots that allow us to trace them back to distinct traditions. Nevertheless, it is questionable whether the divide thus depicted is as great as it may seem: international and supranational legal systems unconcerned by national peculiarities appear to level the playing field. A normative understanding of constitutions seems to grant ever-greater authority to High Court decisions based on thinly worded maxims in countries that adhere to the civil law tradition. The challenges contemporary regulation faces call for ever-more detailed statutes governing the decisions of judges in the common law tradition. These and similar observations demand a structural reassessment of the role of judges, the power of precedent, the limits of legislation and other features often thought to be so different in common and civil law systems. The book addresses this reassessment.
The Common Law
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Author : Oliver Wendell Holmes
language : en
Publisher: DigiCat
Release Date : 2022-09-15
The Common Law written by Oliver Wendell Holmes and has been published by DigiCat this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-15 with Law categories.
DigiCat Publishing presents to you this special edition of "The Common Law" by Oliver Wendell Holmes. DigiCat Publishing considers every written word to be a legacy of humankind. Every DigiCat book has been carefully reproduced for republishing in a new modern format. The books are available in print, as well as ebooks. DigiCat hopes you will treat this work with the acknowledgment and passion it deserves as a classic of world literature.
Toward A New Legal Common Sense
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Author : Boaventura de Sousa Santos
language : en
Publisher: Cambridge University Press
Release Date : 2002-09
Toward A New Legal Common Sense written by Boaventura de Sousa Santos 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 2002-09 with Law categories.
The text emphasises a need for reconstruction of legality based on locality, nationality and globality.