Evolution and the Common Law

Evolution and the Common Law

by Allan C. Hutchinson
     
 

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ISBN-10: 0521614910

ISBN-13: 9780521614917

Pub. Date: 04/04/2005

Publisher: Cambridge University Press

Hutchinson (law, York U., Toronto) takes a refreshing and enlightening approach to the question of how common law develops, asserting there is no grand theory that will explain all the permutations of common law across history. Instead he believes the law grows and changes organically, responding to local needs at the time. To prove his case he re-reads the sources of

Overview

Hutchinson (law, York U., Toronto) takes a refreshing and enlightening approach to the question of how common law develops, asserting there is no grand theory that will explain all the permutations of common law across history. Instead he believes the law grows and changes organically, responding to local needs at the time. To prove his case he re-reads the sources of ideas about evolution and transformation, such as Darwin and Gadamer, and applies them to evidence from history, finding that both radical and evolutionary changes came not from a central cause or theory but instead were rooted in the political and the pragmatic. His concluding chapter is particularly effective in explaining the ties between the reflective and the active, the former being a privilege of the present in studies in common law, and the latter being the fate of those who actually created it. Annotation ©2005 Book News, Inc., Portland, OR

Product Details

ISBN-13:
9780521614917
Publisher:
Cambridge University Press
Publication date:
04/04/2005
Edition description:
New Edition
Pages:
304
Product dimensions:
6.14(w) x 9.21(h) x 0.63(d)

Table of Contents

1. Evolution and the common law: an introduction; 2. Darwin's excellent adventure: evolution and law; 3. The creationists' persistence: jurisprudence and God; 4. Taming the bulldog: the natural and pragmatic; 5. Tracking the common law: the routine and revolutionary; 6. Looking for Gadamer: traditions and transformations; 7. Reading between the lines: courts and constitutions; 8. Making changes: progress and politics; 9. Among the trees: a conclusion.

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