Are judges supposed to be objective? Citizens, scholars, and legal professionals commonly assume that subjectivity and objectivity are opposites, with the corollary that subjectivity is a vice and objectivity is a virtue. These assumptions underlie passionate debates over adhere…
Are judges supposed to be objective? Citizens, scholars, and legal professionals commonly assume that subjectivity and objectivity are opposites, with the corollary that subjectivity is a vice and objectivity is a virtue. These assumptions underlie passionate debates over adhere…
In E Pluribus Unum, eminent legal historian William E. Nelson shows that the colonies' gradual embrace of the common law was instrumental to the establishment of the United States. He traces how the diverse legal orders of Britain's thirteen colonies gradually evolved into one s…
"The overall theme of the book is the relationship or tension between constitutional principles - fairness, reason and the presumption of liberty - and the democratic assembly's - the Parliament - right to vote the legislation of its choice. The point is important; it moulds our…
This book offers a new way of analysing styles of legal reasoning, between more "formal" and more "substantive" styles. It then demonstrates in detail the differences in legal reasoning, and in the legal systems as a whole, between England and America, suggesting that the Englis…
The law of nature -- The common law -- The adoption of written constitutions -- The separation of law and religion -- The explosion in law publishing -- The two-sidedness of natural law -- The decline of natural law and custom --Substitutes for natural law -- Echoes of natural l…