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Common law

About: Common law is a research topic. Over the lifetime, 30135 publications have been published within this topic receiving 280701 citations. The topic is also known as: judicial precedent & judge-made law.


Papers
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Book
29 Aug 2006
TL;DR: In this paper, preliminary matters are discussed in relation to the following laws: Law of property. Law of obligations. Jurisdiction and foreign judgments, and the Law of Property.
Abstract: Preliminary matters. Procedure. Jurisdiction and foreign judgments. Family law. Law of property. Corporations and insolvency. Law of obligations.

57 citations

Journal ArticleDOI
Mirjan R Damaska1
TL;DR: In this article, the authors consider the potential costs of normative shortcuts to procedural reform; institutional differences between the two Western legal families capable of affecting the fact-finding style are quite considerable.
Abstract: Inspiration for procedural reform is increasingly sought in the legal thesaurus of foreign countries. In their search for new solutions, lawyers are prone to focus almost exclusively on normative aspects of foreign arrangements, trying to ascertain whether they hold promise of advantages over domestic law. But this understandable deformation professionelle is not without its costs: the success of most procedural innovation depends less than lawyers like to think on the excellence of rules. More than in the private law domain, perhaps, the meaning and impact of procedural regulation turn on external conditions most directly on the institutional context in which justice is administered in a particular country.2 If imported rules are combined with native ones in disregard of this context, unintended consequences are likely to follow in living law. And while some of these consequences can turn out to be a pleasant surprise, others can be very disappointing. Those contemplating to combine common law and civil law approaches to factfinding should be especially sensitive to the potential costs of normative shortcuts to procedural reform; institutional differences between the two Western legal families capable of affecting the factfinding style are quite considerable. In criminal procedure, a few good lessons have already been learned about problems that arise when factfinding arrangements from one family are incorporated into the institutional milieu of the other. Here experience has shown how easily an imported evidentiary doctrine, or practice, alters its character in interaction with the new environment.3 Even textually identi-

57 citations

Proceedings Article
08 Jul 2008
TL;DR: The starting point is a study on the discoursive and argumentative characteristiques of ten legal documents from the European Court of Human Rights and a generalization allows to formalize the structure of argumentation in the ECHR documents as a context-free grammar.
Abstract: This paper investigates natural-language argumentation in the case law domain. The starting point is a study on the discoursive and argumentative characteristiques of ten legal documents from the European Court of Human Rights (ECHR). Then, a generalization of this study allows to formalize the structure of argumentation in the ECHR documents as a context-free grammar. The paper concludes with the evaluation of the grammar and a discussion of its main limitations.

57 citations

Journal ArticleDOI
Grant Lamond1
TL;DR: For example, the authors argues that the relevance of earlier cases is not well understood in terms of rules, but rather as a special type of reason, and that the common law is a case-by-case decision-making.
Abstract: The doctrine of precedent is one of the most distinctive features of the modern common law. Understanding the operation of precedent is important for our theorizing about the nature of law, since any adequate theory must be compatible with the practice. In this paper I will explore the conventional view of precedent endorsed by practitioners and many legal philosophers alike. I will argue that for all its attractions, it provides a distorted view of the nature of precedent. The distortion grows out of the basic assumption that precedents create rules, and thus that the common law can be understood as a form of rule-based decision-making. Instead, the common law is a form of case-by-case decision-making, and the doctrine of precedent constrains this decision-making by requiring later courts to treat earlier cases as correctly decided. The relevance of earlier cases is not well understood in terms of rules—they are better understood as a special type of reason.

57 citations

Book
30 Apr 2015
TL;DR: In this paper, a detailed case study on maritime boundary delimitation in the context of enclosure movement in the law of the sea is presented, with a focus on the role of equity in international law.
Abstract: Equity emerged as a powerful symbol of aspired redistribution in international relations. Operationally, it has had limited impact in the Westphalian system of nation states - except for maritime boundary delimitations. This book deals with the role of equity in international law, and offers a detailed case study on maritime boundary delimitation in the context of the enclosure movement in the law of the sea. It assesses treaty law and the impact of the United Nations Convention on the Law of the Sea. It depicts the process of trial and error in the extensive case law of the International Court of Justice and arbitral tribunals and expounds the underlying principles and factors informing the methodology both in adjudication and negotiations. Unlike other books, the main focus is on equity and its implications for legal methodology, in particular offering further guidance in the field of international economic law.

57 citations


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Performance
Metrics
No. of papers in the topic in previous years
YearPapers
202358
2022195
2021460
2020774
2019920
2018981