Evolution and the common law

This book offers a radical challenge to all existing accounts of the common law's development. Contrary to received jurisprudential wisdom, it maintains there is no grand theory which will explain satisfactorily the dynamic interactions of change and stability in the common law's history....

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Tác giả chính: Hutchinson, Allan C
Định dạng: Sách
Ngôn ngữ:English
Được phát hành: Cambridge University 2013
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Truy cập trực tuyến:https://scholar.dlu.edu.vn/thuvienso/handle/DLU123456789/35058
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spelling oai:scholar.dlu.edu.vn:DLU123456789-350582014-01-20T00:15:46Z Evolution and the common law Hutchinson, Allan C Common law Methodology Study and teaching This book offers a radical challenge to all existing accounts of the common law's development. Contrary to received jurisprudential wisdom, it maintains there is no grand theory which will explain satisfactorily the dynamic interactions of change and stability in the common law's history. Offering fresh and original readings of Charles Darwin's and Hans-Georg Gadamer's works, the book shows that law is a rhetorical activity that can only be properly appreciated in its historical and political context; tradition and transformation are locked in a mutually reinforcing but thoroughly contingent embrace. In contrast to the dewy-eyed offerings of much contemporary work, it demonstrates that, like life, law is an organic process (i.e., events are the products of functional and localized causes) rather than a miraculous one (i.e., events are the result of some grand plan or intervention). In short, common law is a perpetual work-in-progress - evanescent, dynamic, messy, productive, tantalising, and bottom-up. 2013-08-13T07:39:49Z 2013-08-13T07:39:49Z 2005 Book https://scholar.dlu.edu.vn/thuvienso/handle/DLU123456789/35058 en application/pdf Cambridge University
institution Thư viện Trường Đại học Đà Lạt
collection Thư viện số
language English
topic Common law
Methodology
Study and teaching
spellingShingle Common law
Methodology
Study and teaching
Hutchinson, Allan C
Evolution and the common law
description This book offers a radical challenge to all existing accounts of the common law's development. Contrary to received jurisprudential wisdom, it maintains there is no grand theory which will explain satisfactorily the dynamic interactions of change and stability in the common law's history. Offering fresh and original readings of Charles Darwin's and Hans-Georg Gadamer's works, the book shows that law is a rhetorical activity that can only be properly appreciated in its historical and political context; tradition and transformation are locked in a mutually reinforcing but thoroughly contingent embrace. In contrast to the dewy-eyed offerings of much contemporary work, it demonstrates that, like life, law is an organic process (i.e., events are the products of functional and localized causes) rather than a miraculous one (i.e., events are the result of some grand plan or intervention). In short, common law is a perpetual work-in-progress - evanescent, dynamic, messy, productive, tantalising, and bottom-up.
format Book
author Hutchinson, Allan C
author_facet Hutchinson, Allan C
author_sort Hutchinson, Allan C
title Evolution and the common law
title_short Evolution and the common law
title_full Evolution and the common law
title_fullStr Evolution and the common law
title_full_unstemmed Evolution and the common law
title_sort evolution and the common law
publisher Cambridge University
publishDate 2013
url https://scholar.dlu.edu.vn/thuvienso/handle/DLU123456789/35058
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