The American Common Law Method
There have been many introductory texts on the common law over the years, but among the more recent Professor Cappalli's The American Common Law Method has been most widely praised. It focuses on the system of judicial precedent, recognized as one of the great achievements of Anglo-American genius, and especially on its development in American jurisprudence since Holmes and Cardozo. It comprehensively details both the theory underlying case law and the methodology and thinking employed by...
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There have been many introductory texts on the common law over the years, but among the more recent Professor Cappalli's The American Common Law Method has been most widely praised. It focuses on the system of judicial precedent, recognized as one of the great achievements of Anglo-American genius, and especially on its development in American jurisprudence since Holmes and Cardozo. It comprehensively details both the theory underlying case law and the methodology and thinking employed by American judges in applying that theory to specific fact-patterns. Special classroom adoption prices are available. Published under the Transnational Publishers imprint.
PrefaceAuthor's NoteCh. 1Introduction3Ch. 2The Common Law Method: Concepts9Ch. 3Shadows of the Precedents21Ch. 4The Shadowed Court45Ch. 5Reasoning from Precedents51Ch. 6The Shape of the Rule63Ch. 7Horizontal and Vertical Precedent79Ch. 8Creativity in the Common Law91Ch. 9The U.S. Supreme Court and Judicial and Executive Immunity99Ch. 10The Quest for Certainty159Ch. 11Common Law under Statutes169Ch. 12Civil and Common Law175Ch. 13Retroactive Case Law191Ch. 14Judicial Policy197App. ASupreme Court Immunity Cases207App. BBasic Writings on the Common Law Method343App. CChallenges for the Reader355Index363
