Cover: The Nature of the Common Law in PAPERBACK

The Nature of the Common Law

Product Details


Print on Demand

$40.00 • £34.95 • €36.95

ISBN 9780674604810

Publication Date: 10/01/1991


224 pages

6-1/8 x 9-1/4 inches


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Related Subjects

  • 1. Introduction
  • 2. The Social Functions of Courts
  • 3. Foundational Principles
    • Objectivity
    • Support
    • Replicability
    • Responsiveness
  • 4. Social Propositions
    • Moral Norms
    • Policies
    • Experiential Propositions
  • 5. Standards for the Common Law
    • The Standards of Social Congruence and Systemic Consistency and the Model of Double Coherence
    • The Standard of Doctrinal Stability and the Real-World Model of the Common Law
  • 6. Modes of Legal Reasoning
    • Reasoning from Precedent
    • Reasoning from Principle
    • Reasoning by Analogy
    • Reasoning from Doctrines Established in the Professional Literature
    • Reasoning from Hypotheticals
  • 7. Overruling and Other Modes of Overturning
    • Overruling
    • Prospective Overruling
    • Transformation
    • Overriding
    • The Drawing of Inconsistent Distinctions
    • Noninterpretive Elements of the Common Law
  • 8. The Theory of the Common Law
    • Text-based Theories of Law
    • Justification and the Content of the Law
    • The Generative Conception of the Common Law
  • Notes
  • Index

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