scispace - formally typeset
Search or ask a question
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.


Papers
More filters
Book
03 Mar 2011
TL;DR: The first edition of Maitland's lectures were published in 1909 under the editorship of A. H. Chaytor and W. W. Whittaker as mentioned in this paper.
Abstract: As the Downing Professor of the Laws of England, F. W. Maitland lectured on equity at Cambridge for 18 years, ending in 1906. The lectures were first published in 1909 under the editorship of A. H. Chaytor and W. J. Whittaker. They were reprinted seven times before being published in 1936 in a second edition edited by J. Brunyate, who added some notes to Maitland's lectures. This edition is replicated here. Equity is an important aspect of English law. Its rules grew up to supplement Common Law and largely concern such matters as wills and trusts.

53 citations

MonographDOI
TL;DR: In this paper, the authors present a broad overview of the history of labour and employment law in the UK and present a new vision of the Discourse of Distribution for the future of labour law.
Abstract: PART I. LABOUR LAW IN TRANSITION 1. The Horizons of Transformative Labour and Employment Law 2. Labour Law at the Century's End: An Identity Crisis? PART II. CONTESTED CATEGORIES: WORK, WORKER, AND EMPLOYMENT 3. Women, Work, and Family: A British Revolution? 4. Who Needs Labour Law? Defining the Scope of Labour Protection 5. Beyond Labour Law's Parochialism: A Re-envisioning of the Discourse of Distribution PART III. GLOBALIZATION AND ITS DISCONTENTS 6. Feminization and Contingency: Regulating the Stakes of Work for Women 7. Seeking Post-Seattle Clarity - and Inspiration 8. Death of a Labour Lawyer? PART IV. SAME AS THE OLD BOSS? THE FIRM, THE EMPLOYMENT CONTRACT, AND THE 'NEW' ECONOMY 9. The Many Futures of the Contract of Employment 10. From Amelioration to Transformation: Capitalism, the Market, and Corporate Reform 11. Death and Suicide from Overwork: The Japanese Workplace and Labour Law 12. A Closer Look at the Emerging Employment Law of Silicon Valley's High-Velocity Labour Market 13. 'A Domain into which the King's writ does not seek to run': Workplace Justice in the Shadow of Employment-at-Will PART V. BORDER/STATES: IMMIGRATION, CITIZENSHIP, AND COMMUNITY 14. The Limits of Labour Law in a Fungible Community 15. Immigration Policies in Southern Europe: More State, Less Market? 16. The Imagined European Community: Are Housewives European Citizens? 17. Critical Reflections on 'Citizenship' as a Progressive Aspiration PART VI. LABOUR SOLIDARITY IN AN ERA OF GLOBALIZATION: OPPORTUNITIES AND CHALLENGES 18. The Decline of Union Power - Structural Inevitability or Policy Choice? 19. The Voyage of the Neptune Jade: Transnational Labour Solidarity and the Obstacles of Domestic Law 20. Mexican Trade Unionism in a Time of Transition 21. A New Course for Labour Unions: Identity-based Organizing as a Response to Globalization 22. Difference and Solidarity: Unions in a Postmodern Age PART VII. LAYING DOWN THE LAW: STRATEGIES AND FRONTIERS 23. Is There a Third Way in Labour Law? 24. Private Ordering and Workers' Rights in the Global Economy: Corporate Codes of Conduct as a Regime of Labour Market Regulation 25. Emancipation through Law or the Emasculation of Law? The Nation-State, the EU, and Gender Equality at Work 26. Social Rights, Social Citizenship, and Transformative Constitutionalism: A Comparative Assessment Index

53 citations

Journal ArticleDOI
TL;DR: In this article, a tentative scheme for differentiating high conflict cases is proposed, where there is: (1) poor communication; (2) domestic violence; and (3) alienation.
Abstract: Social science research and the courts have begun to recognize the special challenges posed by “high-conflict” separations for children and the justice system. The use of “high conflict” terminology by social science researchers and the courts has increased dramatically over the past decade. This is an important development, but the term is often used vaguely and to characterize very different types of cases. An analysis of Canadian case law reveals that some judges are starting to differentiate between various degrees and types of high conflict. Often this judicial differentiation is implicit and occurs without full articulation of the factors that are taken into account in applying different remedies. There is a need for the development of more refined, explicit analytical concepts for the identification and differentiation of various types of high conflict cases. Empirically driven social science research can assist mental health professionals, lawyers and the courts in better understanding these cases and providing the most appropriate interventions. As a tentative scheme for differentiating cases, we propose distinguishing between high conflict cases where there is: (1) poor communication; (2) domestic violence; and (3) alienation. Further, there must be a differentiation between cases where one parent is a primary instigator for the conflict or abuse, and those where both parents bear significant responsibility.

53 citations

Journal ArticleDOI
TL;DR: This analysis suggests that governments should adopt proactive measures--e.g. the clarification of terms and reliance on exceptions--to manage investment and protect their regulatory autonomy with respect to public health nutrition.
Abstract: Philip Morris has recently brought claims against Australia (2011) and Uruguay (2010) under international investment agreements (IIAs). The claims allege that Philip Morris is entitled to compensation following the introduction of innovative tobacco packaging regulations to reduce smoking and prevent noncommunicable diseases (NCDs). Since tobacco control measures are often viewed as a model for public health nutrition measures, the claims raise the question of how investment law governs the latter. This paper begins to answer this question and to explain how governments can proactively protect policy space for public health nutrition in an era of expanding IIAs. The authors first consider the main interventions proposed to reduce diet-related NCDs and their intersection with investment in the food supply chain. They then review the nature of investment regimes and relevant case law and examine ways to maximize policy space for public health nutrition intervention within this legal context. As foreign investment increases across the food-chain and more global recommendations discouraging the consumption of unhealthful products are issued, investment law will increase in importance as part of the legal architecture governing the food supply. The implications of investment law for public health nutrition measures depend on various factors: the measures themselves, the terms of the applicable agreements, the conditions surrounding the foreign investment and the policies governing agricultural support. This analysis suggests that governments should adopt proactive measures – e.g. the clarification of terms and reliance on exceptions – to manage investment and protect their regulatory autonomy with respect to public health nutrition.

53 citations

Journal Article
TL;DR: The authors identify three distinct modes of comparative constitutional interpretation (universalist, genealogical, and dialogical) which offer courts the interpretive resources to explain why comparative law should count.
Abstract: The use of comparative constitutional materials in constitutional interpretation – comparative constitutional interpretation – has emerged as a central component of contemporary constitutional practice. This article identifies three distinct modes of comparative constitutional interpretation (universalist, genealogical, and dialogical) which offer courts the interpretive resources to explain why comparative law should count. Because of their centralizing role in legitimizing and validating the exercise of public power, courts are under an obligation to engage in a process of justification for their decisions. Through an examination of the case law of the Constitutional Court of South Africa and the Supreme Court of Canada, the author discusses the three ways that justification occurs within comparative constitutional jurisprudence and the distinct normative justification for the use of comparative law that each offers. The author finally assesses the scope, effects, and the legitimacy of the normative claims of each mode.

53 citations


Network Information
Related Topics (5)
International law
52K papers, 556.6K citations
88% related
Human rights
98.9K papers, 1.1M citations
87% related
Sovereignty
25.9K papers, 410.1K citations
83% related
Legitimacy
26.1K papers, 565.9K citations
83% related
Criminal justice
27K papers, 415.6K citations
82% related
Performance
Metrics
No. of papers in the topic in previous years
YearPapers
202358
2022195
2021460
2020774
2019920
2018981