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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.

Book is in NEW condition. 0.84

Karl Llewellyn, a legal realist whose views on jurisprudence were influential and sometimes controversial, was also one of the leading teachers of fundamental legal thought. He took seriously the functions of courts, the use of precedent, and the power of rules. In this important book, he laid bare these jurisprudential tools, in support of appellate court thinking at all levels in the legal system. Legal analysis is so clearly picked apart that this work has served as a tool-kit for judicial thinking — and persuasive argument to courts — since it was first published in 1960. And his invaluable appendices show in detail how arguments and judicial expressions can be turned around to the advocate's advantage. This book is the culmination of a lifetime of analysis of legal thought from one of the legal system’s most important legends. The new reprint edition from Quid Pro Books adds a 2015 Foreword by Tulane law professor Steven Alan Childress. It embeds the original pagination, to promote continuity of referencing and citation of this foundational work. A compelling addition to the Legal Legends Series from Quid Pro Books.

The Common Law is a book about common law in the United states, including torts, property, contracts and crime, written by Supreme Court Justice Oliver Wendell Holmes, Jr. This classic is a must read for anyone wishing to understand American Common Law from an historical perspective. Simply one of the most important books ever written on American Law.

Questioning accepted views of common law, this book attempts to clarify the nature of common-law practice and the way in which it was envisaged by its practitioners. It asserts that attempts--notably those by Blackstone and Bentham--to expound or criticize common law in essentially theoretical terms were mistaken, and examines the evolution and spread of judicial ideas which were grounded upon the work of moral and political philosophers. Covering important philosophical and political debates of the time and the development of legal theory over a period of 70 years, The Common Law and English Jurisprudence makes a valuable corrective contribution to our understanding of this critical period in English legal history.

New Book. Shipped from UK. Established seller since 2000.

Since 1970, when the Clean Air Act was passed and the Environmental Protection Agency was created, the primary means for addressing environmental problems in the U.S. has been through comprehensive federal statutes and detailed regulations. Evaluating almost three decades of experience with the Clean Air Act, Superfund, the Clean Water Act, the Endangered Species Act, and other major federal environmental statutes, the contributors to this volume question the effectiveness and impact of the legal regime that created these regulations. While most studies of environmental policy paint a picture of improvement through government initiatives, these essays argue the contrary. Pointing to Cleveland's burning river, the death of Lake Erie, smog in Los Angeles, and Love Canal, the contributors demonstrate that command-and-control regulation of the environment has not delivered the great improvements in environmental quality as promised. The Common Law and the Environment offers principles for a new approach to protecting the environment and looks to evidence of the successes of alternative legal systems to address significant problems.

As a former Associate Justice of the Supreme Court, Holmes’ authoritative take on American common law is an informative read for lawyers and law students alike. Covering a variety of topics ranging from torts to criminal proceedings, Holmes offers a valuable perspective on the scope and administration of common law in the nineteenth century.

This book seeks to explain tort law through an examination of the common law process and the substantive rules and principles that have emerged as a result. The Common Law of Process of Torts introduces students to legal reasoning. Students learn not only how to understand the rationale behind judicial opinions, but also how to predict and develop the legal arguments that will likely be successful. The limited scope of the casebook focuses and sharpens the students' understanding of the crucial issues of substantive tort law. Perhaps more importantly, it helps explain the nature of law and the law's relationship to justice. The Common Law of Process of Torts also assists beginning law students in understanding the procedural context in which torts cases arise and thus developing an additional perspective on civil procedure. Although many beginning law students find civil procedure to be quite difficult, the casebook's explanations and contextual examples of key procedural devices act as a user-friendly and practical guide to that area of law.

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Karl Llewellyn, a legal realist whose views on jurisprudence were influential and sometimes controversial, was also one of the leading teachers of fundamental legal thought. He took seriously the functions of courts, the use of precedent, and the power of rules. In this important book, he laid bare these jurisprudential tools, in support of appellate court thinking at all levels in the legal system. Legal analysis is so clearly picked apart that this work has served as a tool-kit for judicial thinking — and persuasive argument to courts — since it was first published in 1960. And his invaluable appendices show in detail how arguments and judicial expressions can be turned around to the advocate's advantage. This book is the culmination of a lifetime of analysis of legal thought from one of the legal system’s most important legends. The new reprint edition from Quid Pro Books adds a 2015 Foreword by Tulane law professor Steven Alan Childress. It embeds the original pagination, to promote continuity of referencing and citation of this foundational work. A compelling addition to the Legal Legends Series from Quid Pro Books.

In this book, legal scholars, philosophers, historians, and political scientists from Australia, Canada, New Zealand, the United Kingdom, and the United States analyze the common law through three of its classic themes: rules, reasoning, and constitutionalism. Their essays, specially commissioned for this volume, provide an opportunity for thinkers from different jurisdictions and disciplines to talk to each other and to their wider audience within and beyond the common law world. This book allows scholars and students to consider how these themes and concepts relate to one another. It will initiate and sustain a more inclusive and well-informed theoretical discussion of the common law's method, process, and structure. It will be valuable to lawyers, philosophers, political scientists, and historians interested in constitutional law, comparative law, judicial process, legal theory, law and society, legal history, separation of powers, democratic theory, political philosophy, the courts, and the relationship of the common law tradition to other legal systems of the world.

Suggests that, due to the large number of laws passed by the legislatures, the judges are no longer able to keep up with the laws

This item has some bent pages inside. 0.99

Questioning accepted views of common law, this book attempts to clarify the nature of common-law practice and the way in which it was envisaged by its practitioners. It asserts that attempts--notably those by Blackstone and Bentham--to expound or criticize common law in essentially theoretical terms were mistaken, and examines the evolution and spread of judicial ideas which were grounded upon the work of moral and political philosophers. Covering important philosophical and political debates of the time and the development of legal theory over a period of 70 years, The Common Law and English Jurisprudence makes a valuable corrective contribution to our understanding of this critical period in English legal history.

The 1998 edition was part of the 1997 celebration of the 50th anniversary of the National Academy of Arbitrators, and summarized some of the leading arbitral principles developed over the preceding half century in labor and employment arbitration. The Academy and the contributors were then and remain adamant that these accounts are not setting out definitive rules, but merely describing principles that have surfaced and the thinking that led to them. People just entering the field have found the deliberations of veterans especially useful. The second edition incorporates new emphases such as ethics, external law, and drug use and violence. It also addresses a major criticism of the first edition by adding an index. Annotation ©2005 Book News, Inc., Portland, OR (booknews.com)

Large 8vo 9" - 10" tall; 224 pages; New copy in publisher's shrinkwrap

In a projected four-volume series, The Common Law in Colonial America, William E. Nelson will show how the legal systems of Britain's thirteen North American colonies, which were initially established in response to divergent political, economic, and religious initiatives, slowly converged until it became possible by the 1770s to imagine that all thirteen participated in a common American legal order, which diverged in its details but differed far more substantially from English common law. Volume three, The Chesapeake and New England, 1660-1750, reveals how Virginia, which was founded to earn profit, and Massachusetts, which was founded for Puritan religious ends, had both adopted the common law by the mid-eighteenth century and begun to converge toward a common American legal model. The law in the other New England colonies, Nelson argues, although it was distinctive in some respects, gravitated toward the Massachusetts model, while Maryland's law gravitated toward that of Virginia.

The 1998 edition was part of the 1997 celebration of the 50th anniversary of the National Academy of Arbitrators, and summarized some of the leading arbitral principles developed over the preceding half century in labor and employment arbitration. The Academy and the contributors were then and remain adamant that these accounts are not setting out definitive rules, but merely describing principles that have surfaced and the thinking that led to them. People just entering the field have found the deliberations of veterans especially useful. The second edition incorporates new emphases such as ethics, external law, and drug use and violence. It also addresses a major criticism of the first edition by adding an index. Annotation ©2005 Book News, Inc., Portland, OR (booknews.com)

James Stoner's purpose is an ambitious one: 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.Through close study of liberal political philosopher Thomas Hobbes and the writings of Edward Coke, a seventeenth-century judge and parliamentarian whose opinion in Doctor Bonham's Case (1610) was once viewed as a precedent for the modern practice of judicial review, Stoner establishes a dialogue between two schools of thought. The contrast that emerges between liberalism, with its scientific ambitions, and common law opens up a fresh perspective on the foundations of the American regime.Common law is grounded in precedent and local tradition as well as reason; it stresses community. Liberal political theory is based on abstract, rational principles; it stresses individualism. To overlook the common law roots of American constitutionalism, then, is to ignore a tradition that is more contextual and historical, more flexible yet more respectful of the wisdom of tradition or experience, less individualistic and more emphatic about responsibility than is the liberal philosophic tradition.In Common Law and Liberal Theory, Stoner reexamines the sources of judicial review and the American founding. He focuses on Hobbes and Coke as representative of the two traditions, but also includes chapters on Locke, Montesquieu, Blackstone, and the Federalists. His careful reading of the influences of and conflicts between liberalism and common law will cast new light on the controversy over the origins of American constitutionalism.