The Politics Of The Common Law PDF Download
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Author | : Adam Gearey |
Publisher | : Routledge |
Total Pages | : 525 |
Release | : 2013-05-02 |
Genre | : Law |
ISBN | : 1135097879 |
Download The Politics of the Common Law Book in PDF, ePub and Kindle
The Politics of the Common Law offers a critical introduction to the legal system of England and Wales. Unlike other conventional accounts, this revised and updated second edition presents a coherent argument, organised around the central claim that contemporary postcolonial common law must be understood as an articulation of human rights and open justice. The book examines the impact of the European Convention and European Union law on the structures and ideologies of the common law and engages with the politics of the rule of law. These themes are read into normative accounts of civil and criminal procedure that stress the importance of due process. The final sections of the book address the reality of civil and criminal procedure in the light of recent civil unrest in the UK and the growing privatisation of public services. The book questions whether it is possible to find a balance between the requirements of economics and the demands of justice.
Author | : Howard Schweber |
Publisher | : Cambridge University Press |
Total Pages | : 314 |
Release | : 2004-01-12 |
Genre | : Political Science |
ISBN | : 9781139449946 |
Download The Creation of American Common Law, 1850–1880 Book in PDF, ePub and Kindle
This book is a comparative study of the American legal development in the mid-nineteenth century. Focusing on Illinois and Virginia, supported by observations from six additional states, the book traces the crucial formative moment in the development of an American system of common law in northern and southern courts. The process of legal development, and the form the basic analytical categories of American law came to have, are explained as the products of different responses to the challenge of new industrial technologies, particularly railroads. The nature of those responses was dictated by the ideologies that accompanied the social, political, and economic orders of the two regions. American common law, ultimately, is found to express an emerging model of citizenship, appropriate to modern conditions. As a result, the process of legal development provides an illuminating perspective on the character of American political thought in a formative period of the nation.
Author | : Kunal M. Parker |
Publisher | : Cambridge University Press |
Total Pages | : 0 |
Release | : 2013-07-11 |
Genre | : History |
ISBN | : 9781107614352 |
Download Common Law, History, and Democracy in America, 1790-1900 Book in PDF, ePub and Kindle
This book argues for a change in our understanding of the relationships among law, politics, and history. Since the turn of the nineteenth century, a certain anti-foundational conception of history has served to undermine law's foundations, such that we tend to think of law as nothing other than a species of politics. Thus viewed, the activity of unelected, common law judges appears to be an encroachment on the space of democracy. However, Kunal M. Parker shows that the world of the nineteenth century looked rather different. Democracy was itself constrained by a sense that history possessed a logic, meaning, and direction that democracy could not contravene. In such a world, far from law being seen in opposition to democracy, it was possible to argue that law - specifically, the common law - did a better job than democracy of guiding America along history's path.
Author | : Douglas E. Edlin |
Publisher | : University of Michigan Press |
Total Pages | : 281 |
Release | : 2020-03-06 |
Genre | : Political Science |
ISBN | : 0472902342 |
Download Common Law Judging Book in PDF, ePub and Kindle
Are judges supposed to be objective? Citizens, scholars, and legal professionals commonly assume that subjectivity and objectivity are opposites, with the corollary that subjectivity is a vice and objectivity is a virtue. These assumptions underlie passionate debates over adherence to original intent and judicial activism. In Common Law Judging, Douglas Edlin challenges these widely held assumptions by reorienting the entire discussion. Rather than analyze judging in terms of objectivity and truth, he argues that we should instead approach the role of a judge’s individual perspective in terms of intersubjectivity and validity. Drawing upon Kantian aesthetic theory as well as case law, legal theory, and constitutional theory, Edlin develops a new conceptual framework for the respective roles of the individual judge and of the judiciary as an institution, as well as the relationship between them, as integral parts of the broader legal and political community. Specifically, Edlin situates a judge’s subjective responses within a form of legal reasoning and reflective judgment that must be communicated to different audiences. Edlin concludes that the individual values and perspectives of judges are indispensable both to their judgments in specific cases and to the independence of the courts. According to the common law tradition, judicial subjectivity is a virtue, not a vice.
Author | : James Reist Stoner |
Publisher | : |
Total Pages | : 230 |
Release | : 2003 |
Genre | : Law |
ISBN | : |
Download Common-law Liberty Book in PDF, ePub and Kindle
In an ere as morally confused as ours, Stoner argues, we at least ought to know what we've abandoned or suppressed in the name of judicial activism and the modern rights-oriented Constitution. Having lost our way, perhaps the common law, in its original sense, provides a way back, a viable alternative to the debilitating relativism of our current age.
Author | : Theodore Frank Thomas Plucknett |
Publisher | : The Lawbook Exchange, Ltd. |
Total Pages | : 828 |
Release | : 2001 |
Genre | : Common law |
ISBN | : 1584771372 |
Download A Concise History of the Common Law Book in PDF, ePub and Kindle
Originally published: 5th ed. Boston: Little, Brown and Co., 1956.
Author | : Howard Schweber |
Publisher | : Cambridge University Press |
Total Pages | : 306 |
Release | : 2011-04-14 |
Genre | : Political Science |
ISBN | : 9780521158183 |
Download The Creation of American Common Law, 1850-1880 Book in PDF, ePub and Kindle
America developed its own system of the "common law" (the name for legal principles developed by judges) in the mid-nineteenth century, abandoning the legal system inherited from England. This comparative study of the development of American law contrasts the experiences of North and South by a study of Illinois and Virginia, supported by observations from six states. It has an original comparative focus highlighting the connections between legal development, American political thought, and American political and economic development.
Author | : Keith E. Whittington |
Publisher | : OUP Oxford |
Total Pages | : 828 |
Release | : 2010-06-11 |
Genre | : Political Science |
ISBN | : 0191616281 |
Download The Oxford Handbook of Law and Politics Book in PDF, ePub and Kindle
The study of law and politics is one of the foundation stones of the discipline of political science, and it has been one of the most productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. This Handbook provides a comprehensive survey of the field of law and politics in all its diversity, ranging from such traditional subjects as theories of jurisprudence, constitutionalism, judicial politics and law-and-society to such re-emerging subjects as comparative judicial politics, international law, and democratization. The Oxford Handbook of Law and Politics gathers together leading scholars in the field to assess key literatures shaping the discipline today and to help set the direction of research in the decade ahead.
Author | : Mark D. Walters |
Publisher | : Cambridge University Press |
Total Pages | : 479 |
Release | : 2020-11-12 |
Genre | : Biography & Autobiography |
ISBN | : 1107028477 |
Download A.V. Dicey and the Common Law Constitutional Tradition Book in PDF, ePub and Kindle
Offers a distinctive account of the rule of law and legislative sovereignty within the work of Albert Venn Dicey.
Author | : James Reist Stoner |
Publisher | : |
Total Pages | : 304 |
Release | : 1992 |
Genre | : Law |
ISBN | : |
Download Common Law and Liberal Theory Book in PDF, ePub and Kindle
In this book, James Stoner's purpose is to recover the common law basis of American constitutionalism. American constitutionalism in general, he argues, and judicial review in particular, cannot be fully understood without acknowledging their roots in both common law and liberal political theory. But for the most part, the common law underpinnings of constitutionalism have received short shrift.