Topic
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.
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TL;DR: In this paper, the authors use economic analysis to illuminate a variety of legal rules relating to rescue, a term used broadly to describe any attempt to save a person or property from some peril.
Abstract: This paper uses economic analysis to illuminate a variety of legal rules relating to rescue, a term we use broadly to describe any attempt to save a person or property from some peril. We first develop a model of a competitive market in rescues, as a benchmark for judging whether the legal rules of rescue can be viewed as attempts to simulate the operation of a competitive market in rescues. The model explicitly incorporates the possibility of rescues motivated by altruism. We then apply the model to a variety of legal settings in which rescue questions arise. We show that the well-developed body of rules governing rescue at sea (including the principles governing salvage awards and the rule of general average) are consistent with the economic model of professional (nonaltruistic) rescue and appropriate in the maritime setting. The rules of the common law governing rescues on land the physician who treats a passerby in distress) are also examined, and found to be in the main consistent with our economic model when altruism is taken into account, as are the differences between the maritime and common law rules. We then examine the choice between compensation and liability as methods of inducing rescue, and show that the common law's decision not to impose liability for failure to rescue (the "Good Samaritan" rule) may be consistent with efficiency because of the "tax" effects of such liability. We concluded that the array of legal rules and doctrines examined provide support for the hypothesis that the common law (including traditional maritime law) has been heavily influenced by a concern with achieving efficient allocation of resources.
55 citations
TL;DR: This article examined the relationship between domestic legal traditions and human rights practices and found that common law states have better economic freedoms, stronger investor protection, more developed capital markets, and better property rights protection than states with civil law, Islamic law, or mixed legal traditions.
Abstract: Empirical analyses of domestic legal traditions in the social science literature demonstrate that common law states have better economic freedoms, stronger investor protection, more developed capital markets, and better property rights protection than states with civil law, Islamic law, or mixed legal traditions. This article expands upon the literature by examining the relationship between domestic legal traditions and human rights practices. The primary hypothesis is that common law states have better human rights practices on average than civil law, Islamic law, or mixed law states because the procedural features of common law such as the adversarial trial system, the reliance on oral argumentation, and stare decisis result in greater judicial independence and protection of individual rights in these legal systems. We also examine how the quality of a state’s legal system influences repression focusing on colonial legacy, judicial independence, and the rule of law. A global cross-national analysis of s...
55 citations
Book•
20 May 2010
TL;DR: In this paper, the HRA and the Common law are discussed and discussed in the context of public law after the Human Rights Act (HRA) and the right to a court.
Abstract: Acknowledgements Introduction 1. The HRA and the Common law 2. Constitutional Theories and Constitutional Dialogue 3. Public law standards 4. Weight and deference 5. Proportionality 6. Reasonableness 7. Process review 8. The Structure of Public Law after the Human Rights Act 9. Emergencies, derogation and detention 10. The right to a court
55 citations
TL;DR: Wang et al. as discussed by the authors used the past to make a case for the rule of law in China and the future of federalism in China, and the Rule of Law Imposed from Outside has been imposed from outside.
Abstract: ForewordAcknowledgmentsIntroduction: The Problem of Paradigms1 Conceptions and Receptions of Legality: Understanding the Complexity of Law Reform in Modern China2 Law, Law, What Law? Why Western Scholars of China Have Not Had More to Say about Its Law3 Using the Past to Make a Case for the Rule of Law4 Rule of Man and the Rule of Law in China: Punishing Provincial Governors during the Qing5 Collective Responsibility in Qing Criminal Law6 True Confessions? Chinese Confessions Then and Now7 Law and Discretion in Contemporary Chinese Courts8 Equality and Justice in Official and Popular Views about Civil Obligations: China and Taiwan9 Language and Law: Sources of Systemic Vagueness and Ambiguous Authority in Chinese Statutory Language10 The Future of Federalism in China11 The Rule of Law Imposed from Outside: China's Foreign-Oriented Legal Regime since 1978Epilogue: The Deep Roots of Resistance to Law Codes and Lawyers in ChinaContributorsIndex
55 citations
55 citations