In this 2008 book, legal scholars, philosophers, historians
and political scientists from Australia, Canada, New Zealand, the
United Kingdom and the United States analyze the common law through
three of its classic themes: rules, reasoning and
constitutionalism. Their essays, specially commissioned for this
volume, provide an opportunity for thinkers from different
jurisdictions and disciplines to talk to each other and to their
wider audience within and beyond the common law world. This book
allows scholars and students to consider how these themes and
concepts relate to one another. It will initiate and sustain a more
inclusive and well-informed theoretical discussion of the common
law''s method, process and structure. It will be valuable to
lawyers, philosophers, political scientists and historians
interested in constitutional law, comparative law, judicial
process, legal theory, law and society, legal history, separation
of powers, democratic theory, political philosophy, the courts and
the relationship of the common law tradition to other legal systems
of the world.
目錄：
Introduction Douglas E. Edlin
Part I. Common Law Rules: 1. Judges as rulemakers Larry Alexander
and Emily Sherwin
2. Some types of law John Gardner
Part II. Common Law Reasoning: 3. The principles of legal reasoning
in the common law Melvin A. Eisenberg
4. A similibus ad similia: analogical thinking in law Gerald J.
Postema
5. Reasoned decisions and legal theory David Dyzenhaus and Michael
Taggart
Part III. Common Law Constitutionalism: 6. Common law, natural law,
and the constitution James R. Stoner, Jr
7. Text, context, and constitution: the common law as public reason
T. R. S. Allan
8. The myth of the common law constitution Jeffrey Goldsworthy.
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