The Politics Of The Common Law

The Politics of the Common Law offers a critical introduction to the legal system of England and Wales. Unlike other conventional accounts, this revised and updated second edition presents a coherent argument, organised around the central claim that contemporary postcolonial common law must be understood as an articulation of human rights and open justice. The book examines the impact of the European Convention and European Union law on the structures and ideologies of the common law and engages with the politics of the rule of law. These themes are read into normative accounts of civil and criminal procedure that stress the importance of due process. The final sections of the book address the reality of civil and criminal procedure in the light of recent civil unrest in the UK and the growing privatisation of public services. The book questions whether it is possible to find a balance between the requirements of economics and the demands of justice.

This book is a comparative study of the American legal development in the mid-nineteenth century. Focusing on Illinois and Virginia, supported by observations from six additional states, the book traces the crucial formative moment in the development of an American system of common law in northern and southern courts. The process of legal development, and the form the basic analytical categories of American law came to have, are explained as the products of different responses to the challenge of new industrial technologies, particularly railroads. The nature of those responses was dictated by the ideologies that accompanied the social, political, and economic orders of the two regions. American common law, ultimately, is found to express an emerging model of citizenship, appropriate to modern conditions. As a result, the process of legal development provides an illuminating perspective on the character of American political thought in a formative period of the nation.

For centuries, courts across the common law world have developed systems of law by building bodies of judicial decisions. In deciding individual cases, common law courts settle litigation and move the law in new directions. By virtue of their place at the top of the judicial hierarchy, courts at the apex of common law systems are unique in that their decisions and, in particular, the language used in those decisions, resonate through the legal system. Although both the common law and apex courts have been studied extensively, scholars have paid less attention to the relationship between the two. By analyzing apex courts and the common law from multiple angles, this book offers an entry point for scholars in disciplines related to law - such as political science, history, and sociology - who are seeking a deeper understanding and new insights as to how the common law applies to and is relevant within their own disciplines.

Beverley McLachlin was the first woman to be Chief Justice of the Supreme Court of Canada. Joining the Court while it was establishing its approach to the Canadian Charter of Rights and Freedoms, McLachlin aided the court in weathering the public backlash against controversial decisions during her tenure. Controversies in the Common Law explores Chief Justice McLachlin’s approach to legal reasoning, examines her remarkable contributions in controversial areas of the common law, and highlights the role of judicial philosophy in shaping the law. Chapters in this book span thirty years, and deal with a variety of topics – including tort, unjust enrichment, administrative and criminal law. The contributors show that McLachlin had a philosophical streak that drove her to ensure unity and consistency in the common law, and to prefer incremental change over revolution. Celebrating the career of an influential jurist, Controversies in the Common Law demonstrates how the common law approach taken by Chief Justice McLachlin has been successful in managing criticism and ensuring the legitimacy of the Court.

Offers a distinctive account of the rule of law and legislative sovereignty within the work of Albert Venn Dicey.

"Common law" is the name for legal principals developed by judges. America developed its own system of the common law in the mid-nineteenth century, abandoning the system inherited from England. This book is a comparative study of the development of American law that contrasts the experiences of North and South by a study of Illinois and Virginia, supported by observations from six states. The book has a new comparative focus highlighting the connections between legal development, American political thought, and American political and economic development.

This volume in the Clarendon Edition of the Works of Thomas Hobbes contains A dialogue between a philosopher and a student, of the common laws of England, edited by Alan Cromartie, supplemented by the important fragment on the issue of regal succession, 'Questions relative to Hereditary Right', discovered and edited by Quentin Skinner.The former work is the last of Hobbes's major political writings. As a critique of common law by a great philosopher, it should be essential reading for anybody interested in English political thought or legal theory. Although it was written when Hobbes was at least eighty, it is a lively piece of work that goes beyond a recapitulation of earlier Hobbesian doctrines, not least in applying his central ideas to the details of the English constitution. This edition supplies the extensiveannotation on matters of legal and historical detail that is required by non-specialist readers; it also assists students by offering cross-references to other treatises. Cromartie's introduction is an authoritative account of seventeenth-century thinking about the common law and of Hobbes's shiftingattitudes towards it. It has often been suspected that the book was motivated by fear of being burned for heresy. Cromartie disentangles the complex evidence (scattered across a number of late works) that documents this fear's development, and shows why the philosopher's acute anxieties eventually led him to write a legal treatise. In clarifying these questions, the edition casts fresh light upon his attitude to law and sovereignty.The second piece takes the form of a question put to Hobbes about the right of succession under hereditary monarchies, together with Hobbes's response. The question is in the handwriting of the fourth Earl of Devonshire, the son of the third Earl, whom Hobbes had tutored in the 1630s. He asks Hobbes whether an heir can be excluded if he is incapable of protecting his prospective subjects. The question of 'exclusion' became the most burning issue in English politics in the course of 1679,when a bill to exclude the future James II was introduced into the House of Commons. Hobbes answers with a robust defence of hereditary right, in the course of which he also makes some important general observations about the concept of a right. The manuscript is also of special interest as itconstitutes Hobbes's last word on politics. It was almost certainly written in the summer of 1679, less than six months before Hobbes's death.

This book argues for a change in our understanding of the relationships among law, politics, and history. Since the turn of the nineteenth century, a certain anti-foundational conception of history has served to undermine law's foundations, such that we tend to think of law as nothing other than a species of politics. Thus viewed, the activity of unelected, common law judges appears to be an encroachment on the space of democracy. However, Kunal M. Parker shows that the world of the nineteenth century looked rather different. Democracy was itself constrained by a sense that history possessed a logic, meaning, and direction that democracy could not contravene. In such a world, far from law being seen in opposition to democracy, it was possible to argue that law - specifically, the common law - did a better job than democracy of guiding America along history's path.