A new take on Holmes' classic study of law and judicial development of rules. "The life of the law has not been logic: it has been experience." Annotated throughout with simple clarifications-decoding and demystifying it for the first time-to make it accessible to a new generation of readers. Features new Foreword and extensive notes by Steven Alan Childress, J.D., Ph.D., law professor at Tulane. Includes correct footnote numbers and original page numbers for citing. Contains rare photographs and insightful biographical section as well. As lamented by Holmes' premier biographer in 2006, The Common Law "is very likely the best-known book ever written about American law. But it is a difficult, sometimes obscure book, which today's lawyers and law students find largely inaccessible." No longer. With insertions and simple definitions of the original's language and concepts, this version makes it live for college students (able to "get it," at last, with legal terms explained), plus law students, lawyers, and anyone wanting to understand his great book. No previous edition has offered annotations. Oliver Wendell Holmes, Jr. compiled his master work in 1881 from lectures on the origins, reasoning, and import of the common law. It jump-started Legal Realism and established law as a pragmatic way to solve problems and make policy, not just a bucket of rules. It has stood the test of time as one of the most important and influential studies of law. This book is interesting for a vast audience-including historians, students, and political scientists. It is also an often-recommended read before law school or in the 1L year. High quality edition from Quid Pro's Legal Legends Series. Paperback edition now in its second printing. Also available in hardcover and ebook formats.

We live in a system explicitly designed to steal from every U.S. citizen every minute of every day Know Stealing dispels preconceived notions about the root causes of our nation's problems, replacing them with essential, clear and precise knowledge capable of driving restoration in our American Republic. Building upon fifteen years of research, this breakthrough expos provides the solutions that will enable us, as ordinary citizens, to reclaim individual Life, Liberty, Property, and Prosperity, all founded a policy of NO stealing. We can no longer afford the lies and deception that are eroding our national economy and our freedoms. Armed with knowledge and the tools necessary to restore our nation, together we can change the course of history. A few words which have been used to describe Know Stealing: Must-Read. Simple To Understand. Scholarly. #1 to Gift. Original Research. Methodically Corrects Dangerous Error. Disperses Complexity. Challenging. Concise and Astute Brilliance. Desperately Needed. Revolutionizes One's Worldview. Transformational.

This book sketches the history of Roman Private Law from the Twelve Tables to modern times, and sets out the elements of the system. It does not attempt to summarize the whole law, but explains and evaluates its most characteristic and influential features.

Hugo Grotius (1583-1645), a.k.a., Hugo de Groot, laid the foundations for international law based on natural law with Francisco de Vitoria and Alberico Gentili. The 1625 De Jure Belli ac Pacis, also translated as On the Law of War and Peace, is considered to be a foundational work in international law.

Articles on natural law theory and philosophy of law.

The early American legal system permeated the lives of colonists and reflected their sense of what was right and wrong, honorable and dishonorable, moral and immoral. In a compelling book full of the extraordinary stories of ordinary people, Elaine Forman Crane reveals the ways in which early Americans clashed with or conformed to the social norms established by the law. As trials throughout the country reveal, alleged malefactors such as witches, wife beaters, and whores, as well as debtors, rapists, and fornicators, were as much a part of the social landscape as farmers, merchants, and ministers. Ordinary people "made" law by establishing and enforcing informal rules of conduct. Codified by a handshake or over a mug of ale, such agreements became custom and custom became "law." Furthermore, by submitting to formal laws initiated from above, common folk legitimized a government that depended on popular consent to rule with authority.

In this book we meet Marretie Joris, a New Amsterdam entrepreneur who sues Gabriel de Haes for calling her a whore; peer cautiously at Christian Stevenson, a Bermudian witch as bad "as any in the world;" and learn that Hannah Dyre feared to be alone with her husband and subsequently died after a beating. We travel with Comfort Taylor as she crosses Narragansett Bay with Cuff, an enslaved ferry captain, whom she accuses of attempted rape, and watch as Samuel Banister pulls the trigger of a gun that kills the sheriff's deputy who tried to evict Banister from his home. And finally, we consider the promiscuous Marylanders Thomas Harris and Ann Goldsborough, who parented four illegitimate children, ran afoul of inheritance laws, and resolved matters only with the assistance of a ghost. Through the six trials she skillfully reconstructs here, Crane offers a surprising new look at how early American society defined and punished aberrant behavior, even as it defined itself through its legal system."

Today the idea of natural law as the basic ingredient in moral, legal, and political thought presents a challenge not faced for almost two hundred years. On the surface, there would appear to be little room in the contemporary world for a widespread belief in natural law. The basic philosophies of the opposition-the rationalism of the philosophes, the utilitarianism of Bentham, the materialism of Marx-appear to have made prior philosophies irrelevant. Yet these newer philosophies themselves have been overtaken by disillusionment born of confl icts between "might" and "right." Many thoughtful people who were loyal to secular belief have become dissatisfi ed with the lack of normative principles and have turned once more to natural law. This fi rst book-length study of Edmund Burke and his philosophy, originally published in 1958, explores this intellectual giant's relationship to, and belief in, the natural law.

This scarce antiquarian book is a selection from Kessinger Publishing's Legacy Reprint Series. Due to its age, it may contain imperfections such as marks, notations, marginalia and flawed pages. Because we believe this work is culturally important, we have made it available as part of our commitment to protecting, preserving, and promoting the world's literature. Kessinger Publishing is the place to find hundreds of thousands of rare and hard-to-find books with something of interest for everyone!

The theory and praxis of biblical law in the historical and contemporary landscape of American law and culture is contentious and controversial. Richard Hiers provides a new consideration of the subject with an emphasis upon the underlying justice and compassion implicit within. Special consideration is given to matters of civil law, the death penalty, and due process. An analysis of various biblical trial scenes are also included. The book draws on, and in turn relates to three areas of scholarship and concern: biblical studies, social ethics, and jurisprudence (legal theory). Modern legal categories often illuminate the nature of biblical law: for instance, by distinguishing between inheritance and bequests or wills (a distinction not found in traditional biblical commentaries), and by identifying the meaning or function of biblical laws by using such categories as "contract" and "tort" law, "due process," "equal protection," and "social welfare legislation."Several discussions throughout the book compare or contrast biblical laws with modern Anglo-American law or social policies. Each chapter begins with two or three relevant quotations: one or two from biblical texts, and sometimes from one or two relevant latter-day sources, notably, Magna Carta, the United States Constitution, and writings by Ayn Rand, and Robert Bellah. Although modern law usually shows greater compassion, biblical law often combines concern for both justice and compassion in ways that sometime provide grounds for critiquing modern counterparts.>

The essays in this volume were presented in honour of David Daube, a scholar of Roman and biblical law, on the hundredth anniversary of his birth. DAVID CAREY MILLER relates the events leading up to the centenary celebration. HECTOR L. MACQUEEN describes the decades-long friendship between Daube and T. B. Smith, professor in Aberdeen and Edinburgh. ROBERT A. SEGAL analyses Daube's defence of causation in biblical law as 'sophisticated' rather than 'primitive'. CALUM CARMICHAEL discusses the ritual of the red heifer in Numbers 19 and its relation to Jacob's 'red, red dish'. BERNARD JACKSON discusses the parable of the prodigal son, the legal ambiguities that attend the arrival of the returning son, and the significance of these ambiguities, especially to the relationship between historic Israel and the new church. WILLIAM M. GORDON recalls his time as an undergraduate attending Daube's classes in Roman law. ERNEST METZGER discusses Daube's lectures on the Roman law of sale, preserved in typescript. ALAN WATSON recalls his time as Daube's doctoral student, and later as his colleague. JONATHAN M. DAUBE gives a lively and personal account of his father.

From renowned political theorist James MacGregor Burns, an incisive critique of the overreaching power of an ideological Supreme Court
For decades, Pulitzer Prize-winner James MacGregor Burns has been one of the great masters of the study of power and leadership in America. In "Packing the Court," he turns his eye to the U.S. Supreme Court, an institution that he believes has become more powerful, and more partisan, than the founding fathers ever intended. In a compelling and provocative narrative, Burns reveals how the Supreme Court has served as a reactionary force in American politics at critical moments throughout the nation's history, and concludes with a bold proposal to rein in the court's power.

A decisive influence on sociological jurisprudence, legal realism and the general development of Anglo-American law in the twentieth century. Rejecting the reigning positivist ethos of the nineteenth century, Holmes proposed that the law was not a science founded on abstract universal principles but a body of practices that responded to particular situations. This functionalist interpretation led to his radical conclusion that law was not discovered, but invented. This theme is announced at the beginning of Lecture I: The life of the law has not been logic: it has been experience. The Common Law was easily the most distinguished book on law by an American published between 1850 and 1900. Lawrence M. Friedman, A History of American Law It is a book of large proportions, from whichever side approached. (...)We cannot close without expressing again our admiration of a book which is so ingenious and so temperate; so rich in learning, thought, argument, and brilliant intuitions. American Law Review Holmes's] brilliant exposition, as effective on English scholarship and legal thinking as on American, of the true nature of law both as a development from the past and an organism of the present, blew fresh air into lawyer's minds encrusted with Blackstone and Kent. Percy Winfield, Chief Sources of English Legal History One of the greatest jurists of the twentieth century, Oliver Wendell Holmes, Jr. 1841-1935] was educated at Harvard College and Harvard Law School. Admitted to the Massachusetts Bar in 1867, he was equally active as a practitioner and scholar. He edited the American Law Review (1870-78), produced an edition of James Kent's Commentaries on American Law (1873) and delivered the lectures that formed the basis of The Common Law. Published in 1881, this book established Holmes's reputation. After teaching briefly at Harvard Law School he was appointed Associate Justice of the Massachusetts Supreme Judicial Court in 1882. Chief Justice of that court from 1899 to 1902, he was then appointed Associate Justice of U.S. Supreme Court, a position he held until the end of his life. Known as The Great Dissenter in the early years of his career because of his frequent opposition to the Court's conservatism, he went on to become of the most influential justices in its history. His opinions are cited frequently today and are highly esteemed for their intellectual depth and elegant composition.

The result of over twenty years of research The Spirit of the Laws encompasses a vast array of topics and issues. This groundbreaking work provides a comprehensive examination of some of the most important topics relating to liberty. These include constitutionalism, the separation of powers, the primacy of civil liberty and the rule of law, and the power of the local community in establishing political institut

The book highlights the interconnections between three framing concepts in the development of modern western law: religion, race, and rights. The author challenges the assumption that law is an objective, rational and secular enterprise by showing that the rule of law is historically grounded and linked to the particularities of Christian morality, the forces of capitalism dependent upon exploitation of minorities, and specific conceptions of individualism that surfaced with the Reformation in the sixteenth century, and rapidly developed in the Enlightenment in the seventeenth and eighteenth centuries. Drawing upon landmark legal decisions and historical events, the book emphasizes that justice is not blind because our concept of justice changes over time and is linked to economic power, social values, and moral sensibilities that are neither universal nor apolitical. Highlighting the historical interconnections between religion, race and rights aids our understanding of contemporary socio-legal issues. In the twenty-first century, the economic might of the USA and the west often leads toward a myopic vision of law and a belief in its universal application. This ignores the cultural specificity of western legal concepts, and prevents us from appreciating that, analogous to past colonial periods, in a global political economy Anglo-American law is not always transportable, transferable, or translatable across political landscapes and religious communities. 'Darian-Smith's new book is an example of what is most exciting about new scholarship in the humanities. It works across disciplinary and methodological boundaries in its attempt to deal with one of our most pressing current social problems - determining the consequences of the sometimes violent interaction of race, religion and law in times of social crisis. Darian-Smith explodes the myth of secularism in modern society, and the illusion of post-racialism, in her unblinking analysis of present dilemmas. Once you read this book you will never again think that the western concept of individual rights is sufficient to resolve the contradictions of modern existence. This is a genuinely important step forward in western scholarship' - Stanley Katz, President Emeritus of the American Council of Learned Societies and Professor, Woodrow Wilson School, Princeton University. 'Eve Darian-Smith takes us on an amazing journey covering four centuries that brilliantly illuminates the continuously evolving interplay of law, religion, and race in the Anglo-American experience. This wonderfully readable book is imaginatively organized around a series of eight landmark 'law moments' that ingeniously show how legal rights are always being subtly shaped by culturally prevailing ideas about religion and race, a process that still goes on in our supposedly 21st century secular world that claims to be free of racism' - Richard Falk, Albert G. Milbank Professor of International Law Emeritus, Princeton University. 'In this volume, Eve Darian-Smith offers a passionate, wide-ranging analysis of the complex, historically-vexed relations among religion, race, and rights over the past four plus centuries. The book begins, in 1571, with Martin Luther and ends, at the dawn of the new century, with the discriminatory labor practices of Walmart, the recent crusades of George Bush and his theocons, and the resurgence of religious faith. By way of a well-chosen sequence of 'legal landmarks' - each an historical drama in its own right, each a piece of theater in which judicial processes take center stage - Darian-Smith develops a compelling, complex critique of the law, of its inherent ambiguities, its violence, its possibilities. And its historical entailment in political, economic, social and ethical forces well beyond itself, forces that, repeatedly, have opened up a yawning gap between its ideological (self)representation and the realities of its everyday practice. This is an ambitious work of scholarship, one which, by virtue of brush strokes at once deft and broad, challenges us to understand the legal underpinnings of our world in new ways' - Jon Comaroff, University of Chicago.

Friedrich Julius Stahl was one of Germany's leading constitutional scholars in the 19th century, prior to the advent of Bismarck and the establishment of a united Germany. The Doctrine of State and the Principles of State Law is the centerpiece of his magnum opus, the Philosophy of Law. This is the first English-language translation of this key work of legal and political philosophy. It is written from a Christian and conservative background, but cognizant of and generous toward the liberal mainstream of constitutional opinion that characterized his day. Historians, legal scholars, and philosophical fellow-travelers all will gain greatly by perusing this magnificent yet forgotten work.

This book is intended to provide a basic outline of the numerous steps of our federal lawmaking process from the source of an idea for a legislative proposal through its publication as a statute. It is hoped that this book will enable readers to gain a greater understanding of the federal legislative process and its role as one of the foundations of our representative system. One of the most practical safeguards of the American democratic way of life is this legislative process with its emphasis on the protection of the minority, allowing ample opportunity to all sides to be heard and make their views known. The fact that a proposal cannot become a law without consideration and approval by both Houses of Congress is an outstanding virtue of our bicameral legislative system. The open and full discussion provided under the Constitution often results in the notable improvement of a bill by amendment before it becomes law or in the eventual defeat of an inadvisable proposal. As the majority of laws originate in the House of Representatives, this discussion will focus principally on the procedure in that body.

The theory and praxis of biblical law in the historical and contemporary landscape of American law and culture is contentious and controversial. Richard Hiers provides a new consideration of the subject with an emphasis upon the underlying justice and compassion implicit within. Special consideration is given to matters of civil law, the death penalty, and due process. An analysis of various biblical trial scenes are also included.

The book draws on, and in turn relates to three areas of scholarship and concern: biblical studies, social ethics, and jurisprudence (legal theory). Modern legal categories often illuminate the nature of biblical law: for instance, by distinguishing between inheritance and bequests or wills (a distinction not found in traditional biblical commentaries), and by identifying the meaning or function of biblical laws by using such categories as "contract" and "tort" law, "due process," "equal protection," and "social welfare legislation."
Several discussions throughout the book compare or contrast biblical laws with modern Anglo-American law or social policies. Each chapter begins with two or three relevant quotations: one or two from biblical texts, and sometimes from one or two relevant latter-day sources, notably, Magna Carta, the United States Constitution, and writings by Ayn Rand, and Robert Bellah. Although modern law usually shows greater compassion, biblical law often combines concern for both justice and compassion in ways that sometime provide grounds for critiquing modern counterparts.

There has existed the nave assumption that until the unsolicited advent of colonialism, the so-called "noble and savage" tribes had no legal system worthy of attention. The Igbo people were not exempted from this assumption. Justice itself cannot be realized outside a system of law and its institutions. It is a system in which law is a vital aspect of man's culture and social existence; embodying the collective will of the community and binding the members of that community in a unity of purpose. In all of these, the exercise of reason is essential and indispensable. In the face of the colonial and neo-colonial assumption of the non-existence of law, the evidence on the ground suggests something totally different. If anything, that evidence shows that the assumption was an essential part of the ideology of colonialism and an important psychological armour which, in conjunction with the Bible and gun-powder, helped to bring about the physical, political, economic, and mental domination of non-Europeans. In this book, an attempt is made to elucidate the logical features of some fundamental concepts and phrases related to justice, dispute settlement, and the organization of life and work in Igbo communities in Aniocha north local government area of Delta State.

As the Baby Boomer generation ages and the sandwich generation is stressed between caring for children and caring for parents, questions are cropping up all across the nation: How can I protect the nest egg I've worked so hard to create? What happens to my assets if I die unexpectedly? Will I be able to afford long-term care?

In "Asset Protection Planning for Seniors," attorney Michael A. Babiarz shares numerous examples of the real-life problems that aging Americans face today.

This is not another confusing form book or technical manual. "Asset Protection Planning for Seniors" is a simple, helpful guide, filled with examples aimed at addressing the basic concerns of older Americans-you!

Stop worrying and start learning about: Nursing homes Medicaid planning Wills Trusts Probate Avoiding family problems Protecting inheritance Powers of attorney

The Common Law is a book about common law in the United states, including torts, property, contracts and crime, written by Supreme Court Justice Oliver Wendell Holmes, Jr. This classic is a must read for anyone wishing to understand American Common Law from an historical perspective. Simply one of the most important books ever written on American Law.

Common law is explored as the alternative to natural rights as a means of restricting state power. The separation of powers is weighed in the balance and found wanting as a brake on state power. The underlying root of this inability is discovered in the philosophy of natural rights. Natural rights gave birth to the separation of powers, but neither the former nor the latter has been able to restrain government. This failure is highlighted in detail, and the alternative means to the same end, the common law, is brought to the fore.

Are you sick and tired of the government interfering with your life? Have you had enough of being railroaded by the system? Have you ever wondered if there really is a way to protect your freedom and your privacy from predatory public servants? Well there is TITLE 4 FLAG SAYS YOU'RE SCHWAG The Sovereign Citizen's Handbook is the ultimate legal self-defense strategy guide If you are looking for the peaceful solution to "the government problem," your quest is complete. If you want to know how to prove your case in court without going to law school, this book will show you how If you are serious and really want to know how to cut "the government" out of your life forever, this book is the essential sovereignty checklist So fire your public pretender and get the latest and greatest version of TITLE 4 FLAG SAYS YOU'RE SCHWAG The Sovereign Citizen's Handbook Dispelling the mystery of law and the legal process. (c)H.I.R.M. J.M. Sovereign: Godsent breaks it down in plain American English, revealing the most coveted secrets of American Law, Litigation, Sovereignty and Personal Privatization "This is the most ground-breaking, easy to understand guide to freedom I have ever read. It's clear, concise, and to the point, and it is no joking matter. This is information that everyone NEEDS to know, right now. You really helped me to understand concepts in different ways, and covered a lot of things that I had overlooked or remained completely unaware of. Excellent research. Thank you for your courage and for sharing your knowledge for the benefit of mankind." - David-William II: Griffin-Author: "The Lucifer Machine" "The book and package is wild and woolly and more engaging and convincing than the overly serious, almost paranoid writings of Abby Hoffman in Steal this Book" - Ron.V. Ph.D. Ret. Director of Special Education Includes special chapter on "Having Ninja Babies" "

Many countries use and apply the common law. The common law world largely operates through statutes enacted by a country's democratic legislature. These statutes are drafted and interpreted according to a uniform system of rules, presumptions, principles and canons evolved over centuries by common law judges.
In this book, Francis Bennion distills forty years of his prolific writings on statute law and statutory interpretation to provide valuable guidance on statutory interpretation applicable to all common law jurisdictions.