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Common Law : International Library of Essays in Law and Legal Theory, Vol 6 - Michael Arnheim

Common Law

International Library of Essays in Law and Legal Theory, Vol 6

Hardcover Published: 1st November 1994
ISBN: 9780814706251
Number Of Pages: 563

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English law has long served as a model for other Commonwealth jurisdictions with common law systems. Using a wealth of incisive articles, Michael Arnheim compares the system in England with comparable systems in other countries. Tackling issues of precedent, the definition of justice, and the limits of law, Arnheim illuminates the clash which occurs when an old system is forced to confront modern issues.

""Empires and Indigenes" offers a valuable perspective not only on the cross-cultural dimensions of early-modern warfare but also on the differing styles of imperial expansion. As such, this collection is a significant addition to the global history of the period."-Jeremy Black, author of "War: A Short History" "Empire and Indigenes needs to be read by historians, policy analysts, and military experts for important reassessments on intercultural warfare. With measured arguments, the authors challenge and qualify hallowed 'truths' of military and imperial history, such as the early modern military revolution or the easy defeats and subjugation of indigenous populations. This volume will surely mark a shift in how we understand warfare as a complex and contested form of intercultural engagement in empires." -Elizabeth Mancke, co-editor of "The Creation of the British Atlantic World"

Common law and statute law
Towards principles of overruling - when should a final court of appeal second guess?
Judicial obligation, precedent and the common law
The British grundnorm: Parliamentary supremacy re-examined
The courts and Parliament: who and whom?
Parliamentary sovereignty: Lord Denning's dexterous revolution
Coherence, hypothetical cases and precedent
Constrained by precedent
The Horowitz thesis and common law discourse in England
The common law process and the selection of efficient rules
Why is the common law efficient?
Precedent
Is the common law law? (review of Melvin Eisenberg's The Nature of Common Law)
The ratio decidendi of a case
The ratio decidendi of a case
Blacksone v Bentham
2 nodes of legal thought
Reason in the development of the common law
Legal principles and the limits of the law
Name index
Table of Contents provided by Publisher. All Rights Reserved.

ISBN: 9780814706251
ISBN-10: 0814706258
Series: International Library of Essays in Law and Legal Theory, Vol 6
Audience: General
Format: Hardcover
Language: English
Number Of Pages: 563
Published: 1st November 1994
Publisher: New York University Press
Country of Publication: US
Dimensions (cm): 25.4 x 15.2  x 4.45
Weight (kg): 1.13