Name: Evolution and the Common law
SKU: 19495969
Price: 104.47 EUR
Availability: InStock
Author: Allan C. Hutchinson

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Type

Physical Book

Publisher

Cambridge University Press

Author

Allan C. Hutchinson

Year

2005

Language

English

Pages

306

Format

Hardcover

ISBN

0521849683

ISBN13

9780521849685

Synopsis "Evolution and the Common law "

This book offers a radical challenge to accounts of the common law's development. Contrary to received jurisprudential wisdom, it maintains there is no grand theory which will explain satisfactorily the dynamic interactions of change and stability in the common law's history. Offering original readings of Charles Darwin's and Hans-Georg Gadamer's works, the book shows that law is a rhetorical activity that can only be properly appreciated in its historical and political context; tradition and transformation are locked in a mutually reinforcing but thoroughly contingent embrace. In contrast to the dewy-eyed offerings of much contemporary work, it demonstrates that, like life, law is an organic process (i.e., events are the products of functional and localized causes) rather than a miraculous one (i.e., events are the result of some grand plan or intervention). In short, common law is a perpetual work-in-progress - evanescent, dynamic, messy, productive, tantalising, and bottom-up.

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Evolution and the Common law - Allan C. Hutchinson

Synopsis "Evolution and the Common law "

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