Leading Cases in the Common Law

Brian Simpson's new book addresses the phenomenon of the leading case—the judicial decision which acquires a timeless quality, coming the stand for some legal idea, or principle, or doctrine thought to be central to the casuistic tradition of the common law. How do such cases arise in the first place? Can we tell why they were decided as they were? How do they come to achieve their special status? By a detailed and meticulous investigation of their original historical context, and by tracing out their strange intellectual history, this book develops a highly original approach to the study of judicial decisions; one which represents an attack upon the deeply anti-empirical tradition of academic legal writing. Written in an unpretentious style, and in a manner which assumes of the reader no special legal expertise, this book will appeal to all those who are interested in the cultural and social history of the law and of legal thought, and who like to combine intellectual stimulation with the innocent pleasure of a good read.

1100565137
Leading Cases in the Common Law

Brian Simpson's new book addresses the phenomenon of the leading case—the judicial decision which acquires a timeless quality, coming the stand for some legal idea, or principle, or doctrine thought to be central to the casuistic tradition of the common law. How do such cases arise in the first place? Can we tell why they were decided as they were? How do they come to achieve their special status? By a detailed and meticulous investigation of their original historical context, and by tracing out their strange intellectual history, this book develops a highly original approach to the study of judicial decisions; one which represents an attack upon the deeply anti-empirical tradition of academic legal writing. Written in an unpretentious style, and in a manner which assumes of the reader no special legal expertise, this book will appeal to all those who are interested in the cultural and social history of the law and of legal thought, and who like to combine intellectual stimulation with the innocent pleasure of a good read.

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Leading Cases in the Common Law

Leading Cases in the Common Law

by Alfred Will B. Simpson, Simpson
Leading Cases in the Common Law

Leading Cases in the Common Law

by Alfred Will B. Simpson, Simpson

Paperback(REPRINT)

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Overview

Brian Simpson's new book addresses the phenomenon of the leading case—the judicial decision which acquires a timeless quality, coming the stand for some legal idea, or principle, or doctrine thought to be central to the casuistic tradition of the common law. How do such cases arise in the first place? Can we tell why they were decided as they were? How do they come to achieve their special status? By a detailed and meticulous investigation of their original historical context, and by tracing out their strange intellectual history, this book develops a highly original approach to the study of judicial decisions; one which represents an attack upon the deeply anti-empirical tradition of academic legal writing. Written in an unpretentious style, and in a manner which assumes of the reader no special legal expertise, this book will appeal to all those who are interested in the cultural and social history of the law and of legal thought, and who like to combine intellectual stimulation with the innocent pleasure of a good read.


Product Details

ISBN-13: 9780198262992
Publisher: Oxford University Press, USA
Publication date: 08/28/2001
Edition description: REPRINT
Pages: 336
Product dimensions: 5.90(w) x 8.90(h) x 0.90(d)
Lexile: 1480L (what's this?)

Table of Contents

Introduction
The Study of Cases
Politics and Law in Elizabethan England: Shelley's Case
The Timeless Principles of Common Law: Keeble V. Hickeringill (1707)
Legal Science and Legal Absurdity: Jee v. Audley
The Beauty of Obscurity Raffles v. Wickelhaus and Busch
Victorian Judges and the Problems of Social Cost: Tipping v. St Helen's Smelting Company (1865)
Bursting Reservoirs and Victorian Tort Law: Rylands and Horrocks v. Fletcher (1868)
The Ideal of the Rule of Law: Regina v. Keyn (1876)
Quackery and Contract Law: Carlill v. Carbolic Smoke Ball Company (1893)

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