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.

Law and people in colonial America

Abstract: How did American colonists transform British law into their own? What were the colonies' first legal institutions, and who served in them? Did the special issue of gender play a significant role? Why did the early Americans develop a passion for litigation that continues to this day? In 'Law and People in Colonial America' Peter Charles Hoffer tells the story of early American law from its beginnings in the British mainland to its maturation in the crisis of the American Revolution. For the men and women of colonial America, Hoffer explains, law was a pervasive influence in everyday life. Because it was 'their' law, the colonists continually adapted it to fit changing circumstances. They also developed a sense of legalism that influenced virtually all social, economic, and political relationships. This sense of intimacy with the law, Hoffer argues, assumed a transforming power in times of crisis. In the midst of a war for independence, American revolutionaries labored to explain how their rebellion could be lawful, while legislators wrote republican constitutions that would endure for centuries. Today the role of law in American life is more pervasive than ever. And because our system of law involves a continuing dialogue between past and present interpreting the meaning of precedent and of past legislation the study of legal history is a vital part of every citizen's basic education. 'Law and People in Colonial America' provides an essential, rigorous, and lively introduction to the beginnings of American law. Peter Charles Hoffer is professor of history at the University of Georgia. His previous books include 'The Law's Conscience', 'Impeachment in America', 'Revolution and Regeneration', and 'Murdering Mothers: Infanticide in England and New England, 1558-1803.'

Law as a Leap of Faith: Essays on Law in General

Abstract: Introduction 1. Law as a Leap of Faith 2. Legal Positivism: 5 1/2 Myths 3. Some Types of Law 4. Can There be a Written Constitution? 5. How Law Claims, What Law Claims 6. Nearly Natural Law 7. The Legality of Law 8. On the Supposed Formality of the Rule of Law 9. Hart on Legality, Justice, and Morality 10. The Virtue of Justice, the Character of Law 11. Law in General

The legal system's response to children exposed to domestic violence.

Abstract: Historically, the legal system has not responded adequately, if at all, to cases involving domestic violence In the past two decades, US courts and law enforcement agencies have increasingly acknowledged the seriousness of domestic violence and have developed responses to it Unfortunately, the legal system has been slower to recognize the impact of domestic violence on children This article highlights four key areas of case law in which the courts have begun, in varying degrees, to examine the effects of domestic violence on children: child custody and visitation, restraining orders, failure to protect a child from harm, and termination of parental rights A survey of appellate cases since 1990, though not representative of all cases, shows an ongoing need for mandatory judicial training on domestic violence and its effects on children, greater clarity about how to interpret relevant laws, changes in the laws to better serve children, and the renewal of national funding for legal aid programs Courts and law enforcement agencies in some locales have implemented innovative programs to improve their interventions with children exposed to domestic violence These programs include coordinated court responses, child development training for police officers, multidisciplinary team approaches, and supervised visitation centers However, few of these programs have been evaluated for overall effectiveness in improving outcomes for children Better evaluation is needed, as is ongoing funding for the replication of successful programs nationwide A companion article by Matthews in this journal issue examines federal laws and policies with regard to domestic violence and children, and reviews many of the state statutes on which the court decisions discussed here are based