Common Law Theory(I***N=9780521846424) mobi 下载 网盘 caj lrf pdf txt 阿里云

　　In this 2008 book, legal scholars, philosophers, historians

and political scientists from Australia, Ca***, New Zealand, the

United Kingdom and the United States ***yze the common law through

three of its classic themes: rules, reasoning and

c***titutionalism. Their essays, specially commissioned for this

volume, provide an opportunity for thinkers from different

jurisdicti*** 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 c***ider 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 c***titutional law, comparative law, judicial

process, legal theory, law and society, legal history, separation

of powers, democratic theory, political philosophy, the courts and

the relati***hip of the common law tradition to other legal systems

of the world.

Introduction Douglas E. Edlin

Part I. Common Law Rules: 1. Judges as rulemakers Larry Alexander

and Emily Sherwin

2. Some types of law John Gardner

Part II. Common Law Reasoning: 3. The principles of legal reasoning

in the common law Melvin A. Eisenberg

4. A similibus ad similia: ***ogical thinking in law Gerald J.

Postema

5. Reasoned decisi*** and legal theory David Dyzenhaus and Michael

Taggart

Part III. Common Law C***titutionalism: 6. Common law, natural law,

and the c***titution James R. Stoner, Jr

7. Text, context, and c***titution: the common law as public reason

T. R. S. Allan

8. The myth of the common law c***titution Jeffrey Goldsworthy.

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书籍介绍

In this 2008 book, legal scholars, philosophers, historians and political scientists from Australia, Ca***, New Zealand, the United Kingdom and the United States ***yze the common law through three of its classic themes: rules, reasoning and c***titutionalism. Their essays, specially commissioned for this volume, provide an opportunity for thinkers from different jurisdicti*** and disciplines to talk to each other and to thei***ider audience within and beyond the common law world. This book allows scholars and students to c***ider 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 c***titutional law, comparative law, judicial process, legal theory, law and society, legal history, separation of powers, democratic theory, political philosophy, the courts and the relati***hip of the common law tradition to other legal systems of the world.