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On Common Laws (Paperback, Revised)
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On Common Laws (Paperback, Revised)
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The concept of common law has been one of the most important
conceptual instruments of the western legal tradition, but it has
been neglected by legal theory and legal history for the last two
centuries. There were many common laws in Europe, including what is
known in English as the common law, yet they have never previously
been studied as a general phenomenon. Until the nineteenth century,
the common laws of Europe lived in constant interaction with the
particular laws which prevailed in their territories, and with one
another. Common law was the main instrument of conciliation of laws
which were drawn from different sources, though applicable on a
given territory. Claims of universality could be, and were,
reconciled with claims of particularity. Nineteenth and twentieth
century legal theory taught that law was the exclusive product of
the state, yet common laws continued to function on a world-wide
basis throughout the entire period of legal nationalism. As
national legal exclusivity is increasingly challenged by the
process of globalization, the concept of common law can be looked
to once again as a means of conceptualisation and justification of
law beyond the state, while still supporting state and other local
forms of normativity.
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