Common Law Theory

In this book, an international team of scholars analyse the common law through three of its classic themes: rules, reasoning and constitutionalism.

Douglas E. Edlin (Author)

9780521176156, Cambridge University Press

Paperback, published 18 October 2010

262 pages
22.9 x 15.2 x 1.5 cm, 0.39 kg

"...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

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.

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: analogical thinking in law Gerald J. Postema
5. Reasoned decisions and legal theory David Dyzenhaus and Michael Taggart
Part III. Common Law Constitutionalism: 6. Common law, natural law, and the constitution James R. Stoner, Jr
7. Text, context, and constitution: the common law as public reason T. R. S. Allan
8. The myth of the common law constitution Jeffrey Goldsworthy.

Subject Areas: Common law [LAFC], Jurisprudence & philosophy of law [LAB], Law [L], Philosophy [HP]