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Bentham and the Common Law Tradition
, 2019This work explores the relationship between Bentham's utilitarian practical philosophy and his positivist jurisprudence. These theories appear to be in tension because his utilitarian commitment to the sovereignty of utility as a practical decision ...
G. Postema
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A Matter of Interpretation, 2018
The first year of law school makes an enormous impact upon the mind. Many students remark upon the phenomenon. They exp~rience a sort of intellectual rebirth, the acquisition of a whole new mode of perceiving and thinking. Thereafter, even if they do not
A. Scalia
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The first year of law school makes an enormous impact upon the mind. Many students remark upon the phenomenon. They exp~rience a sort of intellectual rebirth, the acquisition of a whole new mode of perceiving and thinking. Thereafter, even if they do not
A. Scalia
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Ecosystem services and judge-made law: A review of legal cases in common law countries
Ecosystem Services, 2018This paper reviews the prevalence and usage of the concept of “ecosystem services” in American and other common law legal systems. Our review suggests that this concept is rarely relied upon by courts and other adjudicatory bodies. We have identified 113
Ori Sharon +4 more
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Eating law: Commons, common land, common law
The Journal of Legal History, 1991(1991). Eating law: Commons, common land, common law. The Journal of Legal History: Vol. 12, No. 3, pp. 246-267.
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2018
Common law and custom are features of most enduring legal orders. In English law the concepts have taken on special and interrelated significance, since English law is said to be grounded in common law and that in turn is said to derive from custom. According to classical common law theory, which crystallized in the seventeenth century, common law grew
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Common law and custom are features of most enduring legal orders. In English law the concepts have taken on special and interrelated significance, since English law is said to be grounded in common law and that in turn is said to derive from custom. According to classical common law theory, which crystallized in the seventeenth century, common law grew
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Benjamin Cardozo and the Death of the Common Law
, 2018John C. P. Goldberg
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