Common Law

Hardcover
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Author: Michael Arnheim

ISBN-10: 0814706258

ISBN-13: 9780814706251

Category: Common Law

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.

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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.

AcknowledgementsSeries PrefaceIntroduction1Common Law and Statute Law12Towards Principles of Overruling - When Should a Final Court of Appeal Second Guess?293Judicial Obligation, Precedent and the Common Law954The British Grundnorm: Parliamentary Supremacy Re-examined1395The Courts and Parliament: Who Whom?1676Parliamentary Sovereignty: Lord Denning's Dexterous Revolution2077Coherence, Hypothetical Cases, and Precedent2198Constrained by Precedent2519The Horwitz Thesis and Common Law Discourse in England31310The Common Law Process and the Selection of Efficient Rules33911Why is the Common Law Efficient?35712Precedent37113Is the Common Law Law?40714The Ratio Decidendi of a Case42515The Ratio Decidendi of a Case42916Blackstone v. Bentham43517Two Modes of Legal Thought44718Reason in the Development of the Common Law48119Legal Principles and the Limits of Law503Name Index535