The Common Law

Auteur
Joshua Getzler is Professor of Law and Legal History at the university of Oxford and a Fellow of St Hugh's College Oxford. He was educated in history and law at the Australian National University and the University of Oxford. He has taught at Oxford since 1993. He combines modern legal research, looking at institutions of commercial and financial law, with historical research, chiefly trusts and property in the 18th and 19th centuries, with glances at the influence of Civilian and religious laws on more modern jurisprudence. He has taught and researched at the Australian National University, the Hebrew University, Tel Aviv University, the University of Chicago, and the University of Pennsylvania, and he holds an adjunct post at the University of New South Wales.

Texte du rabat

The common law dates back to 11th century England and the British Empire. In this Very Short Introduction Joseph Getzler explains the evolution of the common law through the centuries, describing the main institutions; from courts, procedures, and juries, to the main categories of law, including property, tort, contract, and public law.

Résumé
The common law began as England's national system of adjudication for correcting wrongs, protecting rights, and enforcing due administration of government in the Royal courts. Its origins can be traced back to 11th century England, and was soon exported to the rest of Britain and ultimately to the far-flung reaches of the British Empire. The common law has therefore enjoyed nearly a thousand years of development and elaboration, in many lands, influenced by but separate from the systems of continental Europe, with its own distinctive procedures of pleading, fact-finding, and remedies. It developed laws that govern much of today's world of trade, business, and finance; it defended ideas of personal liberty and equality before the law; and it helped establish principles of constitutional, legally-limited government, and administration. Thus the common law provides an original and crucial strand in the history of social organization, politics, and culture around the world. In this Very Short Introduction Joseph Getzler explains the evolution of the common law. The main institutions of the common law are described - courts, procedures, judges and juries, and means of reporting, analysing, and learning the law; and the main categories of common-law rights and duties are delineated - property, contract, and tort, equitable claims, unjust enrichment, crime, constitutional and public law, and civil liberties. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

Contenu

• 1: Introduction

• 2: The common law tradition

• 3: Courts, judges, juries

• 4: The common law of property

• 5: The common law of obligations

• 6: The common law and government

• 7: The common law and crime

• 8: Mapping the common law

• 9: The common law abroad

• Epilogue - the future of the common law

• Further reading

• Index