Genius of the Common Law, 1912

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Format: Hardcover
Pub. Date: 2000-01-01
Publisher(s): Lawbook Exchange Ltd
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Summary

Pollock, Sir Frederick. The Genius of the Common Law. New York: The Columbia University Press, 1912. vii, 141 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 99-047160. ISBN 1-58477-043-0. Cloth. $60. * A collection of Sir Frederick Pollock's lectures from the Carpentier Series at Columbia University. Holdsworth praised the eight lectures as a discussion of "...critical studies of aspects and characteristics of the common law which only an accomplished legal historian, a master of the modern law, and a professor of jurisprudence could have written." Holdsworth, Some Makers of English Law 287. Marke, A Catalogue of the Law Collection of New York University (1953) 143.

Table of Contents

Our Lady and her Knightsp. 1
Continuity of the Common Law
Germanic origins and tradition
The Giants and the Godsp. 14
Archaic formalism
Its necessity and tyranny
The King's authority as deliverer
Surrebutter Castlep. 27
Decadent formalism
Special pleading in mneteenth century
Baron Surrebutter and Crogate
Enemies in the Gatep. 38
External dangers
Medieval lawlessness
Officialism, ancient and modern
Administrative encroachment
Popular and political jealousy
Socialism and Anarchism
The Common Law and the Puritans
Rescue and Ransomp. 59
Remedies within the Common Law: why artificial and partial
Lay interference
Extensions of jurisdiction
Fictions
Reform by legislation: danger of amateur work
Alliance and Conquestp. 75
Borrowing
Competition with other systems
Assimilation
Law merchant
Adaptation to modern business conditions
Perils of the Market-placep. 94
Contact with economic opinion: conflicts of doctrine and tendency
Restraint of trade
Combinations
Responsibility of employers and undertakers
The Perpetual Questp. 110
Conclusion
Vitality of the Common Law
Competence for unremitting advance
Vindication of its native merit
Law the sister of Freedom
Indexp. 127
Table of Contents provided by Syndetics. All Rights Reserved.

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