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 published on a yearly basis
Papers
More filters
25 Jul 2019
TL;DR: In this paper, a philosophical interpretation of the historical debate between Bentham and the classical Common Law theory which has shaped contemporary conceptions of the nature, tasks, and limits of law and adjudication is presented.
Abstract: A philosophical interpretation of the historical debate between Bentham and the classical Common Law theory which has shaped contemporary conceptions of the nature, tasks, and limits of law and adjudication. As well as exploring the philosophical foundations of Common Law theory, Professor Postema traces the development of Bentham's theories of law and adjudication drawing of the full range of his published and unpublished writings.
202 citations
TL;DR: Medical malpractice law in the United States is derived from English common law, and was developed by rulings in various state courts, and typically takes into account both actual economic loss and noneconomic loss, such as pain and suffering.
Abstract: Medical malpractice law in the United States is derived from English common law, and was developed by rulings in various state courts. Medical malpractice lawsuits are a relatively common occurrence in the United States. The legal system is designed to encourage extensive discovery and negotiations between adversarial parties with the goal of resolving the dispute without going to jury trial. The injured patient must show that the physician acted negligently in rendering care, and that such negligence resulted in injury. To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages. Money damages, if awarded, typically take into account both actual economic loss and noneconomic loss, such as pain and suffering.
202 citations
Book•
01 Jan 1999TL;DR: The law of Late Antiquity as discussed by the authors, the construction of authority, the efficacy of law, the problem of pain, and the corrupt judge are discussed in detail in this paper.
Abstract: 1. The law of Late Antiquity 2. Making the law 3. The construction of authority 4. The efficacy of law 5. In court 6. Crime and the problem of pain 7. Punishment 8. The corrupt judge 9. Dispute settlement I: out of court 10. Dispute settlement II: episcopalis audientia Conclusion.
201 citations
Book•
01 May 1995
TL;DR: Legal Welfarism: The Consequences of the Property Status of Animals Part I: The status of Animals as Property and an Alternative to Legal WelfARism?
Abstract: Foreword - William M. Kunstler, Esq. Preface and Acknowledgments Introduction: Legal Welfarism: The Consequences of the Property Status of Animals Part I: The Status of Animals as Property 1. The Problem: "Unnecessary" Suffering and the "Humane" Treatment of Property 2. The Dominion of Humans over Animals, the "Defects" of Animals, and the Common Law 3. Two Examples of Legal Welfarism 4. The Exclusion of Animal Interests from Legal Consideration-the Doctrine of Standing 5. Laws and Rights: Claims, Benefits, Interests, and the Instrumental Status of Animals Part I Conclusion Part II: A General Application of the Theory: Anticruelty Statutes 6. The Purposes of Anticruelty Statutes 7. Anticruelty Statutes and the Protection of the Institutionalized Exploitation of Animals Part II Conclusion Part III: A Specific Application of the Theory: The Regulation of Animal Experimentation 8. Animal Experimentation: Animal Property and Human "Benefit" 9. The Federal Animal Welfare Act 10. The Administrative Regulation of the Animal Welfare Act 11. The Animal Welfare Act in the Courts Part III Conclusion Epilogue: An Alternative to Legal Welfarism? Explanation of Legal Citations Notes Selected Bibliography Index
200 citations
Book•
01 Mar 1971
TL;DR: In this paper, the Law of Reason of Soveraign Power Of Courts Of Crimes Capital Of Heresie Of Proemunire Of Punishments is discussed. But the authors do not specify the power of the courts of crime.
Abstract: Acknowledgments Introduction Editor's Note Of the Law of Reason Of Soveraign Power Of Courts Of Crimes Capital Of Heresie Of Proemunire Of Punishments
196 citations