Title
The Nature of the Common Law,Used
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Much of our law is based on authoritative texts, such as constitutions and statutes. The common law, in contrast, is that part of the law that is established by the courts. Common law rules predominate in some areas of law, such as torts and contracts, and are extremely important in other areas, such as corporations. Nevertheless, it has been far from clear what principles courts useor should usein establishing common law rules. In this lucid yet subtly argued book, Melvin Eisenberg develops the principles that govern this process.The rules established in every common law case, he shows, are a product of the interplay between the rules announced in past precedents, on the one hand, and moral norms, policies, and experience, on the other. However, a court establishing a common law rule is not free, as a legislator would be, to employ those norms and policies it thinks best. Rather, it can properly employ only those that have a requisite degree of social support. More specifically, the common law should seek to satisfy three standards. First, it should correspond to the body of rules that would be arrived at by giving appropriate weight to all moral norms, policies, and experiential propositions that have the requisite support, and by making the best choices where norms, policies, and experience conflict. Second, all the rules that make up the body of the law should be consistent with one another. Third, the rules adopted in past precedents should be applied consistently over time. Often, these three standards point in the same direction. The central problems of legal reasoning arise when they do not. These problems are resolved by the principles of common law adjudication. With the general principles of common law adjudication as a background, the author then examines and explains the specific modes of common law reasoning, such as reasoning from precedent, reasoning by analogy, drawing distinctions, and overruling. Throughout the book, the analysis is fully illustrated by leading cases.This innovative and carefully worked out account of the common law will be of great interest to lawyers, law students, students in undergraduate legal studies programs, scholars interested in legal theory, and all those who want to understand the basic legal institutions of our society.
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- Q: What is the main focus of 'The Nature of the Common Law' by Melvin Eisenberg? A: The book focuses on the principles that govern the establishment of common law rules by courts, examining how these rules are influenced by past precedents, moral norms, and policies.
- Q: Who is the author of 'The Nature of the Common Law'? A: The author of the book is Melvin Aron Eisenberg.
- Q: What topics does the book cover regarding common law? A: The book covers topics such as the reasoning from precedent, reasoning by analogy, drawing distinctions, and the principles of common law adjudication.
- Q: What is the publication date of 'The Nature of the Common Law'? A: The book was published on October 1, 1991.
- Q: How many pages does 'The Nature of the Common Law' have? A: The book has a total of 224 pages.
- Q: What is the format of 'The Nature of the Common Law'? A: The book is available in paperback format.
- Q: Is 'The Nature of the Common Law' suitable for law students? A: Yes, the book is suitable for law students, as well as lawyers and scholars interested in legal theory.
- Q: What condition is the used book offered in? A: The used book is described as being in good condition.
- Q: What are the key standards for establishing common law rules mentioned in the book? A: The key standards include the correspondence to moral norms and policies with social support, consistency among rules, and the application of past precedents over time.
- Q: Does the book provide examples of leading cases? A: Yes, throughout the book, the analysis is illustrated by leading cases that exemplify the principles discussed.