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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29 Jul 2010
TL;DR: In this paper, the authors discuss the limits and risks of institutionalizing post-national social policy in the European Union and the role of the Court of Justice in the case law.
Abstract: 1. Promoting European Solidarity - Between Rhetoric and Reality? 2. Solidarity - A New Constitutional Paradigm for the EU? 3. Mission Impossible? Limits and Perils of Institutionalizing Post-National Social Policy 4. Solidarity and the Commission's 'Renewed Social Agenda' 5. The Price of Letting Courts Value Solidarity: The Judicial Role in Liberalizing Welfare 6. When Patients Exit, What Happens to Solidarity? 7. EU Environmental Solidarity and the Ecological Consumer: Towards a Republican Citizenship 8. Irregular Migrants: Beyond the Limits of Solidarity? 9. A Certain Degree of Solidarity? Free Movement of Persons and Access to Social Protection in the Case Law of the European Court of Justice 10. Age Discrimination in Law and Policy: How the Equal Treatment Directive Affects National Welfare States 11. Promoting the Multi-Pillar Model? The EU and the Development of Funded Pension Schemes 12. How to Govern for Solidarity? An Introduction to Policy Learning in the Context of Open Methods of Coordinating Education Policies in the European Union 13. Relating Territorial Cohesion, Solidarity, and Spatial Justice
53 citations
Journal Article•
53 citations
Book•
10 Dec 1998
TL;DR: In this paper, the authors present a statistical analysis of judicial discretion and its relationship with the common law and the law of negligence, as well as its application to public law and public welfare management.
Abstract: Preface 1. Politics and Judicial Discretion 2. A Statistical Analysis of Judicial Discretion 3. Judicial Methodology in Statutory Interpretation 4. Judicial Methodology and the Common Law 5. In Re Pepper v Hart: Comments on the nature of Laws 6. Pure Policy - The Law of Negligence 7. Imposing Rationality on the State 8. Public Law and the Liberty of the Person 9. Judicial Review as Welfare Management 10. Conclusion - Legal Argument and Politics Index
53 citations
Book•
01 Jan 2007
TL;DR: In Forensic Psychology: Emerging Topics and Expanding Roles as mentioned in this paper, the authors present the current state of the field, in terms of law, ethics, research, and practice.
Abstract: DESCRIPTION Forensic Psychology: Emerging Topics and Expanding Roles is designed to present the current state of the field, in terms of law, ethics, research and practice. Reflecting the efforts of almost 50 expert contributors, this comprehensive reference provides a basis for conducting forensic mental health assessments consistent with the state of the field as it currently exists and the standard of care that is emerging. This must-have resource contains coverage of:
52 citations
Posted Content•
TL;DR: The American Journal of Comparative Law (AJCL) published a special issue on "Family Law Exceptionalism" as discussed by the authors, the myriad ways in which the family and its law are deemed, either descriptively or normatively, to be special.
Abstract: This is an Introduction to a Special Issue of the American Journal of Comparative Law, edited by Janet Halley. The central theme of the Special Issue is "family law exceptionalism": the myriad ways in which the family and its law are deemed, either descriptively or normatively, to be special. We argue that the nineteenth century emergence of Family Law as a distinct legal topic, influenced inter alia by Friedrich Carl von Savigny and carried around the world as part of the influence of German legal thought, was an intrinsic element of the rise of contract as the law of the market. Our comparative approach to this phenomenon in this volume is twofold. First, we think that colonial expansion brought with it the idea of the family/market, family-law/contract-law distinction, and that legal orders around the world emerged in which this distinction played some important role. This is the Genealogical Project, and it occupies essays collected here by Duncan Kennedy, Isabel Sierra Jaramillo, Philomila Tsoukala, and Lama Abu Odeh. Second, we suspend Family Law Exceptionalism in order to study the Economic Family. Historically and in the present context of globalized labor, we emphasize international, regional, and local law as transplanted, intersecting or nested background rule systems in which households form and provide social security, consume, and produce material and other goods. Tsoukala, Abu Odeh, Hila Shamir, Chantal Thomas, and Kerry Rittich provide essays exemplifying this research. The Special Issue begins with an essay by Fernanda Nicola mapping the comparative family law tradition and situating this volume on its critical branch.
52 citations