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Common Law

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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.

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1994 Hardcover Very Good. No Jacket 0814706258 One corner slightly bumped.

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Overview

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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Product Details

Meet the Author

Michael Arnheim is Barrister at Law, Gray's Inn.

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Table of Contents

Acknowledgements
Series Preface
Introduction
1 Common Law and Statute Law 1
2 Towards Principles of Overruling - When Should a Final Court of Appeal Second Guess? 29
3 Judicial Obligation, Precedent and the Common Law 95
4 The British Grundnorm: Parliamentary Supremacy Re-examined 139
5 The Courts and Parliament: Who Whom? 167
6 Parliamentary Sovereignty: Lord Denning's Dexterous Revolution 207
7 Coherence, Hypothetical Cases, and Precedent 219
8 Constrained by Precedent 251
9 The Horwitz Thesis and Common Law Discourse in England 313
10 The Common Law Process and the Selection of Efficient Rules 339
11 Why is the Common Law Efficient? 357
12 Precedent 371
13 Is the Common Law Law? 407
14 The Ratio Decidendi of a Case 425
15 The Ratio Decidendi of a Case 429
16 Blackstone v. Bentham 435
17 Two Modes of Legal Thought 447
18 Reason in the Development of the Common Law 481
19 Legal Principles and the Limits of Law 503
Name Index 535
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