In this book, legal scholars, philosophers, historians, and political scientists from Australia, Canada, New Zealand, the United Kingdom, and the United States analyze the common law through three of its classic themes: rules, reasoning, and constitutionalism. Their essays, specially commissioned for this volume, provide an opportunity for thinkers from different jurisdictions and disciplines to talk to each other and to their wider audience within and beyond the common law world. This book allows scholars and students to consider how these themes and concepts relate to one another. It will initiate and sustain a more inclusive and well-informed theoretical discussion of the common law's method, process, and structure. It will be valuable to lawyers, philosophers, political scientists, and historians interested in constitutional law, comparative law, judicial process, legal theory, law and society, legal history, separation of powers, democratic theory, political philosophy, the courts, and the relationship of the common law tradition to other legal systems of the world.
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Editorial Reviews
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"...uniformly well written, accessible, and intellectually stimulating essays... this volume provides an excellent snapshot of some of the complications surrounding present-day theorizing about the common law within and across cultures."
-Ira L. Strauber, Grinnell College, Law and Politics Book Review
"...Edlin has put together an exciting volume touching on a broad range of philosophical questions surrounding the nature of law and legal reasoning, and the foundations of political authority and sovereignty. It will be of great interest to anyone who is at all interested in such questions."
-Wil Waluchow, Notre Dame Philosophical Reviews
-Ira L. Strauber, Grinnell College, Law and Politics Book Review
"...Edlin has put together an exciting volume touching on a broad range of philosophical questions surrounding the nature of law and legal reasoning, and the foundations of political authority and sovereignty. It will be of great interest to anyone who is at all interested in such questions."
-Wil Waluchow, Notre Dame Philosophical Reviews
Book Description
In this book, legal scholars, philosophers, historians, and political scientists from Australia, Canada, New Zealand, the United Kingdom, and the United States analyze the common law through three of its classic themes: rules, reasoning, and constitutionalism.
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Inside This Book
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Key Phrases - Statistically Improbable Phrases (SIPs):
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legal reasoning, public reason, constitutional justice, judicial records, fundamental authority, judicial review, law reporting, ethical generalization, conceptual legal positivists, ultimate legislature, concerted agency, binding precedent rules, social propositions, common law constitutionalism, reasonably good rule, common erudition, command conception, common law mind, best possible rule, analogy assessment, social congruence, legislated law, deciding court, target analogue, doctrinal stability Key Phrases - Capitalized Phrases (CAPs): (learn more)
Oxford University Press, The Concept of Law, Harvard University Press, Cambridge University Press, The Sovereignty of Parliament, Ronald Dworkin, Harvard Law Review, Law's Empire, Sir Matthew Hale, Some Types of Law, Legal Theory, Rule Makers, Taking Rights Seriously, Exemplary Reasoning, The Rule of Rules, United States, Cambridge Law Journal, Acts of Parliament, Joseph Raz, House of Lords, The Legal Process, Oxford Journal of Legal Studies, Justice of the Peace, The Constitutionalist Revolution, Oxford Essays Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Surprise Me!
legal reasoning, public reason, constitutional justice, judicial records, fundamental authority, judicial review, law reporting, ethical generalization, conceptual legal positivists, ultimate legislature, concerted agency, binding precedent rules, social propositions, common law constitutionalism, reasonably good rule, common erudition, command conception, common law mind, best possible rule, analogy assessment, social congruence, legislated law, deciding court, target analogue, doctrinal stability Key Phrases - Capitalized Phrases (CAPs): (learn more)
Oxford University Press, The Concept of Law, Harvard University Press, Cambridge University Press, The Sovereignty of Parliament, Ronald Dworkin, Harvard Law Review, Law's Empire, Sir Matthew Hale, Some Types of Law, Legal Theory, Rule Makers, Taking Rights Seriously, Exemplary Reasoning, The Rule of Rules, United States, Cambridge Law Journal, Acts of Parliament, Joseph Raz, House of Lords, The Legal Process, Oxford Journal of Legal Studies, Justice of the Peace, The Constitutionalist Revolution, Oxford Essays Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Surprise Me!
Citations (learn more)
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cites this book:
- Legal Positivism in American Jurisprudence (Cambridge Studies in Philosophy and Law) by Anthony J. Sebok on page 20
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