Common Law And Liberal Theory

Author: James Reist Stoner
Publisher: Univ Pr of Kansas
Size: 71.58 MB
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American constitutionalism in general, James Stoner argues, and judicial review in particular cannot be fully understood without acknowledging their roots in both common law and liberal political theory.

Constitutional Justice

Author: T. R. S. Allan
Publisher: Oxford University Press on Demand
ISBN: 9780199267880
Size: 34.38 MB
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These common foundations include certain constraints on the exercise of state power, challenging the widespread view that the rule of law should be conceived as a purely procedural ideal.The book explains the essential connections between a ...

Common Law Theory

Author: Douglas E. Edlin
Publisher: Cambridge University Press
ISBN: 1139465694
Size: 62.24 MB
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Stoner argues that Finnis's natural law theory can serve as a theoretical
foundation for common law rules and institutions just as well as the liberal
theories of Rawls and Dworkin can. Indeed, Stoner says, Finnis may do a better
job in this ...

Common Law Natural Rights

Author: Ruben Alvarado
Publisher: WordBridge Publishing
ISBN: 9076660085
Size: 62.12 MB
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for government.53 “Common law,” he writes, “differs from statute law―and what I
call the common law way of thinking ... pace Locke and the entire natural-rights
tradi- 53James R. Stoner, Common Law and Liberal Theory: Coke, Hobbes, and

The Evolution Of Rights In Liberal Theory

Author: Ian Shapiro
Publisher: CUP Archive
ISBN: 9780521338530
Size: 40.88 MB
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It was at this time that the common law shed much of its medieval machinery,
either by statute or simply by being allowed to obsolesce, and was replaced by
modern conveyancing in land (Holdsworth, 1937, VI:624-9). Property assumed its

Common Law Liberty

Author: James Reist Stoner
Size: 15.73 MB
Format: PDF
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"In an ere as morally confused as ours, Stoner argues, we at least ought to know what we've abandoned or suppressed in the name of judicial activism and the modern rights-oriented Constitution.

Thomas Jefferson And Alexander Hamilton

Author: K. Anthony Scott
Publisher: Universal-Publishers
ISBN: 1581129858
Size: 17.15 MB
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The common law itself does not carry any inherently odd characteristics, but the
study of the American common law is ... Stoner, James R. (1992) Common Law
and Liberal Theory: Coke, Hobbes, and the Origins of American

Vigilance And Restraint In The Common Law Of Judicial Review

Author: Dean R. Knight
Publisher: Cambridge University Press
ISBN: 110719024X
Size: 30.62 MB
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The Golden Metwand and the Crooked Cord: Essays in Honour of Sir William
Wade QC (oxford University press, 1998), 15 Constitutional Justice: A Liberal
Theory of the Rule of Law (oxford University press, 2001) 'The Constitutional ...

Human Flourishing Liberal Theory And The Arts

Author: Menachem Mautner
Publisher: Routledge
ISBN: 1351182501
Size: 11.34 MB
Format: PDF, Docs
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The most obvious example is the court system in common law countries.
Common law judges are supposed to enjoy life tenure, and to run the state court
system by means of massive funding on the part of the government, on the one
hand, but ...

Sir Edward Coke And The Reformation Of The Laws

Author: David Chan Smith
Publisher: Cambridge University Press
ISBN: 1316148106
Size: 71.90 MB
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Coke had used these words in response to James's anger in 1608 at the idea
that the law defended the king.3 To ... Michigan Law Review, 22 (1924), 215–47;
James Stoner Jr, Common Law and Liberal Theory: Coke, Hobbes, and the
Origins ...