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The Common Law Tradition examines the lives and achievements of five individuals who helped broaden the perspectives of the legal academy - Edward H. Levi, Harry Kalven, Jr., Karl Llewellyn, Philip Kurland, and Kenneth Culp Davis - and assesses the extent to which their immediate agendas were realied. What distinguished these men is that their work was practical and rooted in the law, and hence yielded concrete applications. The groups diversity, the tolerant atmosphere in which they taught and wrote, and the attachment of its individual members to empirical approaches differentiate them from todays legal scholars and make their ideas of continuing importance.
In this volume, scholars from philosophy, sociology, history, theology, women’s studies, and law explore the looming ethical and social implications of new biotechnologies that are rapidly making it possible to enhance an individual’s mental and physical attributes in ways previously only imagined. To clarify the issues, the contributors grapple with the central concept of "enhancement" and probe the uses and abuses of the term. Focusing in particular on the moral issues pertaining to cosmetic surgery and cosmetic psychopharmacology (a category which includes Prozac), they also examine notions of identity, authenticity, normality, and complicity. Other essays in this collection address the social ramifications of the new technologies, including the problems of access and fairness.
Central to the social functions and the foundational principles of the common law system is the concept of doctrinal stability as encapsulated in the institutional principle of stare decisis, or binding precedent. Under this principle, precedent binds subsequent similar cases when certain formal conditions are met. The doctrinal stability standard cannot survive significant deviation from the principle of stare decisis. Gordon Tullock demonstrates how the retreat from stare decisis in the U.S. common law system is a predictable consequence of adverse institutional characteristics. He concludes that this withdrawal is now sufficiently extensive as to challenge the validity of the common law system itself.
Originally published: 5th ed. Boston: Little, Brown and Co., 1956.
Présentation de l'éditeur : "This second edition of a classic in Anglo-American legal philosophy reopens the dialogue between Bentham's work and contemporary legal philosophy. Gerald J. Postema revisits the themes of the first edition in light of the latest scholarly criticism and provides new insights into the historical-philosophical roots of international law"
Explains why lawyers seeking gender progress from primary legal materials should start with the common law.
Written for social theorists and general readers (including undergraduates), David Sciulli's book is the first to explain not only how but also why Amitai Etzioni’s publications evolved from his dissertation to Active Society and Socio-Economics to Communitarianism.