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Common law --- Public law
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The development of private law across the common law world is typically portrayed as a series of incremental steps, each one delivered as a result of judges dealing with marginally different factual circumstances presented to them for determination. This is said to be the common law method. According to this process, change might be assumed to be gradual, almost imperceptible. If this were true, however, then even Darwinian-style evolution - which is subject to major change-inducing pressures, such as the death of the dinosaurs - would seem unlikely in the law, and radical and revolutionary paradigms shifts perhaps impossible. And yet the history of the common law is to the contrary. The legal landscape is littered with quite remarkable revolutionary and evolutionary changes in the shape of the common law. The essays in this volume explore some of the highlights in this fascinating revolutionary and evolutionary development of private law. The contributors expose the nature of the changes undergone and their significance for the future direction of travel. They identify the circumstances and the contexts which might have provided an impetus for these significant changes. The essays range across all areas of private law, including contract, tort, unjust enrichment and property. No area has been immune from development. That fact itself is unsurprising, but an extended examination of the particular circumstances and contexts which delivered some of private law's most important developments has its own special significance for what it might indicate about the shape, and the shaping, of private law regimes in the future
Civil law --- Civil law. --- Common law. --- Comparative law.
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"Tamar Herzog offers a road map to European law across 2,500 years that reveals underlying patterns and unexpected connections. By showing what European law was, where its iterations were found, who made and implemented it, and what the results were, she ties legal norms to their historical circumstances and reveals the law's fragile malleability"--
Law --- Common law --- Civil law systems --- Law --- History. --- History. --- History. --- International unification --- History.
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A primary reference tool on the general principles and the particular aspects of common law damages, McGregor on Damages is the leading authority on damages. As part of the Common Law Library, McGregor on Damages provides in-depth and comprehensive coverage of the law, from detailed consideration of the general principles to a full analysis of specific areas of damages
Tort and negligence --- Great Britain --- Damages --- Dommages-intérêts --- Common law --- Droit --- Indemnisation --- Responsabilité (droit) --- Jurisprudence. --- Damages - Great Britain. --- Responsabilité (droit) --- Dommages-intérêts
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"Tamar Herzog offers a road map to European law across 2,500 years that reveals underlying patterns and unexpected connections. By showing what European law was, where its iterations were found, who made and implemented it, and what the results were, she ties legal norms to their historical circumstances and reveals the law's fragile malleability"--
Civil law systems --- Common law --- Law --- History. --- History --- International unification --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Roman law --- International unification&delete& --- Influence
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Fiducie --- Company law. Associations --- burgerlijk recht --- France --- Droit --- Droits romano-germaniques --- Common law. --- Trusts and trustees --- Influence française --- Droits romano-germaniques. --- Influence française. --- Influence française.
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Little attention has been paid to the development of Australian private law throughout the first half of the twentieth century. Using the law of tort as an example, Mark Lunney argues that Australian contributions to common law development need to be viewed in the context of the British race patriotism that characterised the intellectual and cultural milieu of Australian legal practitioners. Using not only primary legal materials but also newspapers and other secondary sources, he traces Australian developments to what Australian lawyers viewed as British common law. The interaction between formal legal doctrine and the wider Australian contexts in which that doctrine applied provided considerable opportunities for nuanced innovation in both the legal rules themselves and in their application. This book will be of interest to both lawyers and historians keen to see how notions of Australian identity have contributed to the development of an Australian law.
Common law --- History. --- Torts --- History --- Civil wrongs --- Delicts --- Injuries (Law) --- Quasi delicts --- Wrongful acts --- Accident law --- Actions and defenses --- Liability (Law) --- Obligations (Law) --- Negligence --- Reasonable care (Law)
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The mediation of the balance between vigilance and restraint is a fundamental feature of judicial review of administrative action in the Anglo-Commonwealth. This balance is realised through the modulation of the depth of scrutiny when reviewing the decisions of ministers, public bodies and officials. While variability is ubiquitous, it takes different shapes and forms. Dean R. Knight explores the main shapes and forms employed in judicial review in England, Canada, Australia and New Zealand over the last fifty years. Four schemata are drawn from the case law and taken back to conceptual foundations, exposing their commonality and differences, and each approach is evaluated. This detailed methodology provides a sound basis for decisions and debates about how variability should be brought to individual cases and will be of great value to legal scholars, judges and practitioners interested in judicial review.
Judicial review. --- Common law. --- Anglo-American law --- Law, Anglo-American --- Customary law --- Review, Judicial --- Constitutional law --- Courts --- Delegation of powers --- Executive power --- Judicial power --- Legislation --- Legislative power --- Rule of law --- Separation of powers
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Americans widely believe that the U.S. Constitution was almost wholly created when it was drafted in 1787 and ratified in 1788. Jonathan Gienapp recovers the unknown story of the Constitution's second creation in the decade after its adoption-a story with explosive implications for current debates over constitutional originalism and interpretation.
Constitutional history --- Constitutional law --- United States. --- Adams. --- Amendments. --- Anti-Federalists. --- Articles of Confederation. --- Bill of Rights. --- Common law. --- Constitutional Convention. --- Enumerated powers. --- Federalism. --- Hamilton. --- Jackson. --- Jefferson. --- Madison. --- Washington. --- national bank. --- originalism.
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